Connecticut 2023 Regular Session

Connecticut House Bill HB06876 Compare Versions

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7+General Assembly Substitute Bill No. 6876
8+January Session, 2023
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4-Substitute House Bill No. 6876
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6-Public Act No. 23-131
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914 AN ACT CONCERNING THE ADMINISTRATION OF THE OFFICE OF
1015 THE CLAIMS COMMISSIONER.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. Section 4-142 of the general statutes is repealed and the
15-following is substituted in lieu thereof (Effective July 1, 2023):
16-(a) There shall be an Office of the Claims Commissioner which shall
17-hear and determine all claims against the state except: (1) Claims for the
18-periodic payment of disability, pension, retirement or other
19-employment benefits; (2) claims upon which suit otherwise is
20-authorized by law including suits to recover similar relief arising from
21-the same set of facts; (3) claims for which an administrative hearing
22-procedure otherwise is established by law; (4) requests by political
23-subdivisions of the state for the payment of grants in lieu of taxes; and
24-(5) claims for the refund of taxes.
25-(b) The Office of the Claims Commissioner shall consist of the Claims
26-Commissioner, and, within available appropriations, the Deputy
27-Claims Commissioner, not more than six temporary deputies and such
28-administrative staff as may be provided by the Department of
29-Administrative Services. The Claims Commissioner, the Deputy Claims
30-Commissioner, or a temporary deputy [or a magistrate] assigned to Substitute House Bill No. 6876
19+Section 1. Section 4-142 of the general statutes is repealed and the 1
20+following is substituted in lieu thereof (Effective October 1, 2023): 2
21+(a) There shall be an Office of the Claims Commissioner which shall 3
22+hear and determine all claims against the state except: (1) Claims for the 4
23+periodic payment of disability, pension, retirement or other 5
24+employment benefits; (2) claims upon which suit otherwise is 6
25+authorized by law including suits to recover similar relief arising from 7
26+the same set of facts; (3) claims for which an administrative hearing 8
27+procedure otherwise is established by law; (4) requests by political 9
28+subdivisions of the state for the payment of grants in lieu of taxes; and 10
29+(5) claims for the refund of taxes. 11
30+(b) The Office of the Claims Commissioner shall consist of the Claims 12
31+Commissioner, the Deputy Claims Commissioner, six temporary 13
32+deputies and such administrative staff as may be provided by the 14
33+Department of Administrative Services. The Claims Commissioner, the 15
34+Deputy Claims Commissioner, or a temporary deputy [or a magistrate] 16
35+assigned to assist the Claims Commissioner pursuant to section 4-142b, 17
36+as amended by this act, shall hear and determine all claims against the 18 Substitute Bill No. 6876
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34-assist the Claims Commissioner pursuant to section 4-142b, as amended
35-by this act, shall hear and determine all claims against the state, except
36-as otherwise provided in subsection (a) of this section. Such claims shall
37-be heard and determined in accordance with the rules prescribed by the
38-Claims Commissioner pursuant to section 4-157, except as may be
39-provided in section 4-160, as amended by this act.
40-Sec. 2. Section 4-142a of the general statutes is repealed and the
41-following is substituted in lieu thereof (Effective July 1, 2023):
42-(a) (1) The Claims Commissioner shall be [appointed] nominated by
43-the Governor with the advice and consent of the General Assembly to
44-serve for a term of four years from the first day in July [in] of the year of
45-[his or her] such appointment and until [his or her] a successor has been
46-appointed and has qualified. [The Claims Commissioner shall be an
47-attorney-at-law and shall have been admitted to practice before the
48-courts of the state of Connecticut for at least five years prior to his or her
49-appointment. The Claims Commissioner serving on June 28, 2021, may
50-continue to serve until the expiration of his or her term. On and after
51-June 28, 2021, each] Each nomination for appointment as Claims
52-Commissioner by the Governor shall be referred, without debate, to the
53-joint standing committee of the General Assembly having cognizance of
54-matters relating to the judiciary, which shall report on each appointment
55-not later than thirty days after the date of reference. Each appointment
56-by the General Assembly of the Claims Commissioner shall be by
57-concurrent resolution. The Claims Commissioner shall be an attorney-
58-at-law and shall have been admitted to practice before the courts of the
59-state of Connecticut for at least five years prior to such appointment.
60-(2) The Claims Commissioner shall receive such compensation as is
61-fixed under the provisions of section 4-40. The Claims Commissioner
62-may enter into such contractual agreements, in accordance with
63-established procedures, as may be necessary for the discharge of [his or
64-her] the commissioner's duties. Subject to the provisions of section 4-32, Substitute House Bill No. 6876
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43+state, except as otherwise provided in subsection (a) of this section. Such 19
44+claims shall be heard and determined in accordance with the rules 20
45+prescribed by the Claims Commissioner pursuant to section 4-157, 21
46+except as may be provided in section 4-160, as amended by this act. 22
47+Sec. 2. Section 4-142a of the general statutes is repealed and the 23
48+following is substituted in lieu thereof (Effective October 1, 2023): 24
49+(a) (1) The Claims Commissioner shall be appointed by the Governor 25
50+with the advice and consent of the General Assembly to serve for a term 26
51+of four years from the first day in July [in] of the year of [his or her] such 27
52+appointment and until [his or her] a successor has been appointed and 28
53+has qualified. The Claims Commissioner shall be an attorney-at-law and 29
54+shall have been admitted to practice before the courts of the state of 30
55+Connecticut for at least five years prior to [his or her] such appointment. 31
56+[The Claims Commissioner serving on June 28, 2021, may continue to 32
57+serve until the expiration of his or her term. On and after June 28, 2021, 33
58+each] Each nomination for appointment as Claims Commissioner by the 34
59+Governor shall be referred, without debate, to the joint standing 35
60+committee of the General Assembly having cognizance of matters 36
61+relating to the judiciary, which shall report on each appointment not 37
62+later than thirty days after the date of reference. Each appointment by 38
63+the General Assembly of the Claims Commissioner shall be by 39
64+concurrent resolution. 40
65+(2) The Claims Commissioner shall receive such compensation as is 41
66+fixed under the provisions of section 4-40. The Claims Commissioner 42
67+may enter into such contractual agreements, in accordance with 43
68+established procedures, as may be necessary for the discharge of [his or 44
69+her] the commissioner's duties. Subject to the provisions of section 4-32, 45
70+and unless otherwise provided by law, the Claims Commissioner is 46
71+authorized to receive any money, revenue or services from the federal 47
72+government, corporations, associations or individuals, including 48
73+payments from the sale of printed matter or any other materials or 49
74+services. 50 Substitute Bill No. 6876
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68-and unless otherwise provided by law, the Claims Commissioner is
69-authorized to receive any money, revenue or services from the federal
70-government, corporations, associations or individuals, including
71-payments from the sale of printed matter or any other materials or
72-services.
73-(b) The Office of the Claims Commissioner shall be within the
74-Department of Administrative Services, provided the office shall have
75-independent decision-making authority.
76-(c) (1) The Governor [shall] may, within available appropriations,
77-appoint not more than six temporary deputies to serve in the Office of
78-the Claims Commissioner. A temporary deputy shall be an attorney-at-
79-law who has experience practicing law before the courts of the state of
80-Connecticut and has trial experience. A temporary deputy may not be
81-an employee of the office of the Attorney General or have a claim
82-pending before the Claims Commissioner, either as a claimant or as an
83-attorney appearing on behalf of a claimant. Each temporary deputy shall
84-serve at the pleasure of the Governor, for a term coterminous with the
85-Governor, or until a successor is appointed and qualified, whichever is
86-longer, provided no temporary deputy may be appointed or serve in
87-such position on or after [October 1, 2023] March 1, 2026.
88-(2) A temporary deputy shall receive, for each day of service, the
89-same compensation as paid to a judge trial referee under subdivision (1)
90-of subsection (f) of section 52-434 for each day of service by such referee.
91-(3) Each temporary deputy shall have decision-making authority to
92-issue a final decision to grant or deny permission to sue for each claim
93-referred to such deputy under the provisions of subsection (b) or (c) of
94-section 4-160, as amended by this act.
95-(d) The Claims Commissioner shall, within available appropriations,
96-appoint a Deputy Claims Commissioner who shall be an attorney-at- Substitute House Bill No. 6876
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100-law qualified by training and experience for the duties of the Office of
101-the Claims Commissioner and shall, in the absence, disability or
102-disqualification of the Claims Commissioner, perform all the functions
103-and have all the powers and duties of said office and such other duties
104-as may be prescribed. The position of Deputy Claims Commissioner
105-shall be exempt from the classified service. The Deputy Claims
106-Commissioner shall serve until a successor is appointed by the Claims
107-Commissioner. The term of the Deputy Claims Commissioner shall not
108-be coterminous with that of the Claims Commissioner, instead the
109-Deputy Claims Commissioner may be replaced upon the appointment
110-of a new Claims Commissioner in accordance with the provisions of
111-subdivision (1) of subsection (a) of this section.
112-Sec. 3. Section 4-142b of the general statutes is repealed and the
113-following is substituted in lieu thereof (Effective July 1, 2023):
114-The Office of the Claims Commissioner shall maintain a permanent
115-office in Hartford County in such suitable space as the Commissioner of
116-Administrative Services provides. All papers required to be filed with
117-the Office of the Claims Commissioner shall be delivered to such office.
118-The Claims Commissioner may [designate one or more magistrates who
119-shall be available to the Office of the Claims Commissioner] assign a
120-temporary deputy to hear a claim and issue a decision concerning the
121-final disposition of a claim against the state, or make recommendations
122-to the Claims Commissioner or Deputy Claims Commissioner
123-concerning the final disposition of a claim as provided for in this
124-chapter. [The Claims Commissioner may appoint any magistrate who is
125-on the list of available magistrates maintained by the Chief Court
126-Administrator. A magistrate appointed by the Claims Commissioner
127-may review, hear and decide a claim, or make a recommendation to the
128-Claims Commissioner concerning the final disposition of a claim. The
129-Claims Commissioner shall establish such rules as he or she deems
130-necessary to provide for the appointment of a magistrate to hear and Substitute House Bill No. 6876
81+(b) The Office of the Claims Commissioner shall be within the 51
82+Department of Administrative Services, provided the office shall have 52
83+independent decision-making authority. 53
84+(c) (1) The Governor shall appoint six temporary deputies to serve in 54
85+the Office of the Claims Commissioner. A temporary deputy shall be an 55
86+attorney-at-law who has experience practicing law before the courts of 56
87+the state of Connecticut and has trial experience. A temporary deputy 57
88+may not be an employee of the office of the Attorney General or have a 58
89+claim pending before the Claims Commissioner, either as a claimant or 59
90+as an attorney appearing on behalf of a claimant. Each temporary 60
91+deputy shall serve at the pleasure of the Governor, for a term 61
92+coterminous with the Governor, or until a successor is appointed and 62
93+qualified, whichever is longer, provided no temporary deputy may be 63
94+appointed or serve in such position on or after [October 1, 2023] March 64
95+1, 2026. 65
96+(2) A temporary deputy shall receive, for each day of service, the 66
97+same compensation as paid to a judge trial referee under subdivision (1) 67
98+of subsection (f) of section 52-434 for each day of service by such referee. 68
99+(3) Each temporary deputy shall have decision-making authority to 69
100+issue a final decision to grant or deny permission to sue for each claim 70
101+referred to such deputy under the provisions of subsection (b) or (c) of 71
102+section 4-160, as amended by this act. 72
103+(d) The Claims Commissioner shall appoint a Deputy Claims 73
104+Commissioner who shall be an attorney-at-law qualified by training and 74
105+experience for the duties of the Office of the Claims Commissioner and 75
106+shall, in the absence, disability or disqualification of the Claims 76
107+Commissioner, perform all the functions and have all the powers and 77
108+duties of said office and such other duties as may be prescribed. The 78
109+position of Deputy Claims Commissioner shall be exempt from the 79
110+classified service. The Deputy Claims Commissioner shall serve until a 80
111+successor is appointed by the Claims Commissioner. The term of the 81
112+Deputy Claims Commissioner shall not be coterminous with that of the 82 Substitute Bill No. 6876
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134-decide matters pursuant to the provisions of this chapter. Such rules
135-may include limitations on the types of matters that may be heard and
136-decided by a magistrate and may provide for the issuance of a
137-recommendation by a magistrate concerning the final disposition of a
138-claim that is subject to review and approval by the Claims
139-Commissioner.]
140-Sec. 4. Section 4-151 of the general statutes is repealed and the
141-following is substituted in lieu thereof (Effective July 1, 2023):
142-(a) Claims shall be [heard] considered as soon as practicable after they
143-are filed. The following claims shall be privileged with respect to
144-assignment for hearing: (1) Claims by persons who are sixty-five years
145-or older or who reach such age during the pendency of the claim, (2)
146-claims by persons who are terminally ill, as defined in section 52-191c,
147-and (3) claims by executors or administrators of estates. Hearings may
148-be held at the Office of the Claims Commissioner, at any available
149-hearing facility in the State Capitol or Legislative Office Building, upon
150-request at any courthouse serving a judicial district or geographical area
151-or city or town hall in the state or at such other suitable place as the
152-Claims Commissioner, the Deputy Claims Commissioner or a
153-[magistrate] temporary deputy finds is convenient and just to the
154-claimant and to the Attorney General.
155-(b) The Claims Commissioner, the Deputy Claims Commissioner or
156-a [magistrate] temporary deputy may call witnesses, examine and cross-
157-examine any witness, require information not offered by the claimant or
158-the Attorney General and stipulate matters to be argued. The Claims
159-Commissioner, the Deputy Claims Commissioner or a [magistrate]
160-temporary deputy shall not be bound by any law or rule of evidence,
161-except the rules prescribed by the Claims Commissioner pursuant to
162-section 4-157.
163-(c) The Claims Commissioner, the Deputy Claims Commissioner or a Substitute House Bill No. 6876
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119+Claims Commissioner, instead the Deputy Claims Commissioner may 83
120+be replaced upon the appointment of a new Claims Commissioner in 84
121+accordance with the provisions of subdivision (1) of subsection (a) of 85
122+this section. 86
123+Sec. 3. Section 4-142b of the general statutes is repealed and the 87
124+following is substituted in lieu thereof (Effective October 1, 2023): 88
125+The Office of the Claims Commissioner shall maintain a permanent 89
126+office in Hartford County in such suitable space as the Commissioner of 90
127+Administrative Services provides. All papers required to be filed with 91
128+the Office of the Claims Commissioner shall be delivered to such office. 92
129+The Claims Commissioner may [designate one or more magistrates who 93
130+shall be available to the Office of the Claims Commissioner] assign a 94
131+temporary deputy to hear a claim and issue a decision concerning the 95
132+final disposition of a claim against the state, or make recommendations 96
133+to the Claims Commissioner or Deputy Claims Commissioner 97
134+concerning the final disposition of a claim as provided for in this 98
135+chapter. [The Claims Commissioner may appoint any magistrate who is 99
136+on the list of available magistrates maintained by the Chief Court 100
137+Administrator. A magistrate appointed by the Claims Commissioner 101
138+may review, hear and decide a claim, or make a recommendation to the 102
139+Claims Commissioner concerning the final disposition of a claim. The 103
140+Claims Commissioner shall establish such rules as he or she deems 104
141+necessary to provide for the appointment of a magistrate to hear and 105
142+decide matters pursuant to the provisions of this chapter. Such rules 106
143+may include limitations on the types of matters that may be heard and 107
144+decided by a magistrate and may provide for the issuance of a 108
145+recommendation by a magistrate concerning the final disposition of a 109
146+claim that is subject to review and approval by the Claims 110
147+Commissioner.] No decision made by a temporary deputy shall have 111
148+the force and effect of a ruling of the Claims Commissioner or Deputy 112
149+Claims Commissioner without written approval by the Claims 113
150+Commissioner or Deputy Claims Commissioner. The Claims 114
151+Commissioner shall establish such rules as the commissioner deems 115 Substitute Bill No. 6876
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167-[magistrate] temporary deputy may administer oaths, cause depositions
168-to be taken, issue subpoenas and order inspection and disclosure of
169-books, papers, records and documents. Upon good cause shown, any
170-such order or subpoena may be quashed by the Claims Commissioner,
171-the Deputy Claims Commissioner or a [magistrate] temporary deputy.
172-(d) If any person fails to respond to a subpoena, the Claims
173-Commissioner, the Deputy Claims Commissioner or a [magistrate]
174-temporary deputy may issue a capias, directed to a state marshal to
175-arrest such person and bring such person before the Claims
176-Commissioner, the Deputy Claims Commissioner or a [magistrate]
177-temporary deputy to testify.
178-(e) If any person refuses to testify or to produce any relevant,
179-unprivileged book, paper, record or document, the Claims
180-Commissioner, the Deputy Claims Commissioner or a [magistrate]
181-temporary deputy shall certify such fact to the Attorney General, who
182-shall apply to the superior court for the judicial district in which such
183-person resides for an order compelling compliance. Further refusal of
184-such person shall be punished as provided by section 2-46. If such
185-person is the claimant, the Claims Commissioner, the Deputy Claims
186-Commissioner or a temporary deputy shall summarily dismiss the claim
187-and order it forfeited to the state.
188-(f) When subpoenaed by the Claims Commissioner, the Deputy
189-Claims Commissioner or a [magistrate, witnesses] temporary deputy, a
190-witness shall be offered the fees and mileage allowances authorized by
191-section 52-260, provided no such fee or allowance shall be paid to any
192-state officer or employee who appears on behalf of the state.
193-Sec. 5. Section 4-151a of the general statutes is repealed and the
194-following is substituted in lieu thereof (Effective July 1, 2023):
195-[On his or her own motion] Upon the motion of the Claims Substitute House Bill No. 6876
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199-Commissioner, the Deputy Claims Commissioner, or a temporary
200-deputy, or at the request of the claimant or the representative for the
201-state, which representative may in appropriate cases be the Attorney
202-General, the Claims Commissioner, the Deputy Claims Commissioner
203-or a [magistrate] temporary deputy may waive the hearing of any claim
204-for ten thousand dollars or less and proceed upon affidavits filed by the
205-claimant and the state agency concerned.
206-Sec. 6. Section 4-152 of the general statutes is repealed and the
207-following is substituted in lieu thereof (Effective July 1, 2023):
208-If in the course of any proceeding any person is guilty of misbehavior
209-which obstructs such proceeding, [he or she] such person may be
210-excluded from further participation [therein] in such hearing. If the
211-miscreant is the claimant or [his or her] the claimant's attorney, the
212-Claims Commissioner, the Deputy Claims Commissioner or a
213-[magistrate] temporary deputy may summarily terminate the
214-proceeding, and the Claims Commissioner, Deputy Claims
215-Commissioner or temporary deputy may dismiss the claim and order it
216-forfeited to the state.
217-Sec. 7. Subsection (a) of section 4-154 of the general statutes is
218-repealed and the following is substituted in lieu thereof (Effective July 1,
219-2023):
220-(a) Not later than ninety days after hearing a claim, the Claims
221-Commissioner, the Deputy Claims Commissioner or a temporary
222-deputy shall render a decision as provided in subsection (a) of section
223-4-158, as amended by this act. The Claims Commissioner, the Deputy
224-Claims Commissioner or [the magistrate] a temporary deputy shall
225-make a finding of fact for each claim and file such finding with the order,
226-recommendation or authorization disposing of the claim. The Office of
227-the Claims Commissioner shall [deliver] provide a copy of such finding
228-and order, recommendation or authorization to the claimant and to the Substitute House Bill No. 6876
158+necessary to provide for the appointment of a temporary deputy to hear 116
159+and decide matters pursuant to the provisions of this chapter. Such rules 117
160+may include limitations on the types of matters that may be heard and 118
161+decided by a temporary deputy. 119
162+Sec. 4. Section 4-151 of the general statutes is repealed and the 120
163+following is substituted in lieu thereof (Effective October 1, 2023): 121
164+(a) Claims shall be heard as soon as practicable after they are filed. 122
165+The following claims shall be privileged with respect to assignment for 123
166+hearing: (1) Claims by persons who are sixty-five years or older or who 124
167+reach such age during the pendency of the claim, (2) claims by persons 125
168+who are terminally ill, as defined in section 52-191c, and (3) claims by 126
169+executors or administrators of estates. Hearings may be held at the 127
170+Office of the Claims Commissioner, at any available hearing facility in 128
171+the State Capitol or Legislative Office Building, upon request at any 129
172+courthouse serving a judicial district or geographical area or city or 130
173+town hall in the state or at such other suitable place as the Claims 131
174+Commissioner, the Deputy Claims Commissioner or a [magistrate] 132
175+temporary deputy finds is convenient and just to the claimant and to the 133
176+Attorney General. 134
177+(b) The Claims Commissioner, the Deputy Claims Commissioner or 135
178+a [magistrate] temporary deputy may call witnesses, examine and cross-136
179+examine any witness, require information not offered by the claimant or 137
180+the Attorney General and stipulate matters to be argued. The Claims 138
181+Commissioner, the Deputy Claims Commissioner or a [magistrate] 139
182+temporary deputy shall not be bound by any law or rule of evidence, 140
183+except the rules prescribed by the Claims Commissioner pursuant to 141
184+section 4-157. 142
185+(c) The Claims Commissioner, the Deputy Claims Commissioner or a 143
186+[magistrate] temporary deputy may administer oaths, cause depositions 144
187+to be taken, issue subpoenas and order inspection and disclosure of 145
188+books, papers, records and documents. Upon good cause shown, any 146
189+such order or subpoena may be quashed by the Claims Commissioner, 147 Substitute Bill No. 6876
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232-representative for the state, which representative may in appropriate
233-cases be the Attorney General.
234-Sec. 8. Subsections (a) and (b) of section 4-158 of the general statutes
235-are repealed and the following is substituted in lieu thereof (Effective July
236-1, 2023):
237-(a) The Claims Commissioner, the Deputy Claims Commissioner or
238-a temporary deputy may (1) order that a claim be denied or dismissed,
239-(2) order immediate payment of a just claim in an amount not exceeding
240-thirty-five thousand dollars, (3) recommend to the General Assembly
241-payment of a just claim in an amount exceeding thirty-five thousand
242-dollars, or (4) authorize a claimant to sue the state, as provided in section
243-4-160, as amended by this act.
244-(b) Any person who has filed a claim [for more than fifty thousand
245-dollars] may request the General Assembly to review a decision of the
246-Claims Commissioner, the Deputy Claims Commissioner or a
247-temporary deputy (1) ordering the denial or dismissal of the claim
248-pursuant to subdivision (1) of subsection (a) of this section, including
249-denying or dismissing a claim that requests permission to sue the state,
250-or (2) ordering immediate payment of a just claim in an amount not
251-exceeding thirty-five thousand dollars pursuant to subdivision (2) of
252-subsection (a) of this section. A person who has filed a claim that has
253-been denied or dismissed by a temporary deputy pursuant to subsection
254-(d) of section 4-160, as amended by this act, may request the General
255-Assembly to review such denial or dismissal. A request for review shall
256-be in writing and filed with the Office of the Claims Commissioner not
257-later than twenty days after the date the person requesting such review
258-receives a copy of the decision. The filing of a request for review shall
259-automatically stay the decision of the Claims Commissioner or
260-temporary deputy.
261-Sec. 9. Section 4-159 of the general statutes is repealed and the Substitute House Bill No. 6876
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196+the Deputy Claims Commissioner or a [magistrate] temporary deputy. 148
197+(d) If any person fails to respond to a subpoena, the Claims 149
198+Commissioner, the Deputy Claims Commissioner or a [magistrate] 150
199+temporary deputy may issue a capias, directed to a state marshal to 151
200+arrest such person and bring such person before the Claims 152
201+Commissioner, the Deputy Claims Commissioner or a [magistrate] 153
202+temporary deputy to testify. 154
203+(e) If any person refuses to testify or to produce any relevant, 155
204+unprivileged book, paper, record or document, the Claims 156
205+Commissioner, the Deputy Claims Commissioner or a [magistrate] 157
206+temporary deputy shall certify such fact to the Attorney General, who 158
207+shall apply to the superior court for the judicial district in which such 159
208+person resides for an order compelling compliance. Further refusal of 160
209+such person shall be punished as provided by section 2-46. If such 161
210+person is the claimant, the Claims Commissioner, the Deputy Claims 162
211+Commissioner or a temporary deputy shall summarily dismiss the claim 163
212+and order it forfeited to the state. 164
213+(f) When subpoenaed by the Claims Commissioner, the Deputy 165
214+Claims Commissioner or a [magistrate, witnesses] temporary deputy, a 166
215+witness shall be offered the fees and mileage allowances authorized by 167
216+section 52-260, provided no such fee or allowance shall be paid to any 168
217+state officer or employee who appears on behalf of the state. 169
218+Sec. 5. Section 4-151a of the general statutes is repealed and the 170
219+following is substituted in lieu thereof (Effective October 1, 2023): 171
220+[On his or her own motion] Upon the motion of the Claims 172
221+Commissioner, the Deputy Claims Commissioner, or a temporary 173
222+deputy, or at the request of the claimant or the representative for the 174
223+state, which representative may in appropriate cases be the Attorney 175
224+General, the Claims Commissioner, the Deputy Claims Commissioner 176
225+or a [magistrate] temporary deputy may waive the hearing of any claim 177
226+for ten thousand dollars or less and proceed upon affidavits filed by the 178 Substitute Bill No. 6876
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265-following is substituted in lieu thereof (Effective July 1, 2023):
266-(a) Not later than five days after the convening of each regular session
267-and at such other times as the speaker of the House of Representatives
268-and president pro tempore of the Senate may desire, the Office of the
269-Claims Commissioner shall submit to the General Assembly (1) all
270-claims for which the Claims Commissioner, the Deputy Commissioner
271-or a [magistrate] temporary deputy recommended payment of a just
272-claim in an amount exceeding thirty-five thousand dollars pursuant to
273-subdivision (3) of subsection (a) of section 4-158, as amended by this act,
274-and (2) all claims for which a request for review has been filed pursuant
275-to subsection (b) of section 4-158, as amended by this act, together with
276-a copy of the Claims Commissioner's, [the magistrate's] Deputy
277-Commissioner's or [the] temporary deputy's findings and the hearing
278-record, if any, of each claim so reported.
279-(b) The General Assembly shall:
280-(1) With respect to a decision of the Claims Commissioner, the
281-Deputy Claims Commissioner or a temporary deputy ordering the
282-denial or dismissal of a claim pursuant to subdivision (1) of subsection
283-(a) of section 4-158, as amended by this act: or a decision of a temporary
284-deputy ordering the denial or dismissal of a claim pursuant to
285-subsection (d) of section 4-160, as amended by this act:
286-(A) Confirm the decision; or
287-(B) Vacate the decision and, in lieu thereof, (i) order the payment of
288-the claim in a specified amount, or (ii) authorize the claimant to sue the
289-state;
290-(2) With respect to a decision of the Claims Commissioner ordering
291-the immediate payment of a just claim in an amount not exceeding
292-thirty-five thousand dollars pursuant to subdivision (2) of subsection (a)
293-of section 4-158, as amended by this act: Substitute House Bill No. 6876
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297-(A) Confirm the decision;
298-(B) Modify the decision by ordering that a different amount be paid;
299-or
300-(C) Vacate the decision and, in lieu thereof, (i) order no payment be
301-made, or (ii) authorize the claimant to sue the state;
302-(3) With respect to a decision of the Claims Commissioner, the
303-Deputy Claims Commissioner or a temporary deputy recommending
304-payment of a just claim in an amount exceeding thirty-five thousand
305-dollars pursuant to subdivision (3) of subsection (a) of section 4-158, as
306-amended by this act:
307-(A) Accept the recommendation and order payment of the specified
308-amount;
309-(B) Modify the recommendation by ordering that a different amount
310-be paid; or
311-(C) Reject the recommendation and, in lieu thereof, (i) order no
312-payment be made, or (ii) authorize the claimant to sue the state; or
313-(4) With respect to a decision of the Claims Commissioner, the
314-Deputy Claims Commissioner or a temporary deputy pursuant to
315-subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended
316-by this act, or a decision of a temporary deputy pursuant to subsection
317-(d) of section 4-160, as amended by this act, remand the claim to the
318-Office of the Claims Commissioner for such further proceedings as the
319-General Assembly may direct.
320-(c) The General Assembly may grant the claimant permission to sue
321-the state under the provisions of this section when the General
322-Assembly deems it just and equitable and believes the claim to present
323-an issue of law or fact under which the state, were it a private person, Substitute House Bill No. 6876
233+claimant and the state agency concerned. 179
234+Sec. 6. Section 4-152 of the general statutes is repealed and the 180
235+following is substituted in lieu thereof (Effective October 1, 2023): 181
236+If in the course of any proceeding any person is guilty of misbehavior 182
237+which obstructs such proceeding, [he or she] such person may be 183
238+excluded from further participation [therein] in such hearing. If the 184
239+miscreant is the claimant or [his or her] the claimant's attorney, the 185
240+Claims Commissioner, the Deputy Claims Commissioner or a 186
241+[magistrate] temporary deputy may summarily terminate the 187
242+proceeding, and the Claims Commissioner , Deputy Claims 188
243+Commissioner or temporary deputy may dismiss the claim and order it 189
244+forfeited to the state. 190
245+Sec. 7. Subsection (a) of section 4-154 of the general statutes is 191
246+repealed and the following is substituted in lieu thereof (Effective October 192
247+1, 2023): 193
248+(a) Not later than ninety days after hearing a claim, the Claims 194
249+Commissioner, the Deputy Claims Commissioner or a temporary 195
250+deputy shall render a decision as provided in subsection (a) of section 196
251+4-158, as amended by this act. The Claims Commissioner, the Deputy 197
252+Claims Commissioner or [the magistrate] a temporary deputy shall 198
253+make a finding of fact for each claim and file such finding with the order, 199
254+recommendation or authorization disposing of the claim. The Office of 200
255+the Claims Commissioner shall deliver a copy of such finding and order, 201
256+recommendation or authorization to the claimant and to the 202
257+representative for the state, which representative may in appropriate 203
258+cases be the Attorney General. 204
259+Sec. 8. Subsections (a) and (b) of section 4-158 of the general statutes 205
260+are repealed and the following is substituted in lieu thereof (Effective 206
261+October 1, 2023): 207
262+(a) The Claims Commissioner, the Deputy Claims Commissioner or 208
263+a temporary deputy may (1) order that a claim be denied or dismissed, 209 Substitute Bill No. 6876
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327-could be liable.
328-(d) If the General Assembly orders the payment of a claim, the Office
329-of the Claims Commissioner shall [deliver to the Comptroller a notice
330-of] provide a copy of the order to the Comptroller and the Comptroller
331-shall make payment in the manner prescribed for payment of an order
332-of the Claims Commissioner pursuant to section 4-158, as amended by
333-this act.
334-(e) The review by the General Assembly of claims submitted to it by
335-the Office of the Claims Commissioner under this section shall be
336-conducted in accordance with such procedures as the General Assembly
337-may prescribe.
338-Sec. 10. Section 4-160 of the general statutes is repealed and the
339-following is substituted in lieu thereof (Effective July 1, 2023):
340-(a) Whenever the Claims Commissioner deems it just and equitable,
341-the Claims Commissioner, the Deputy Claims Commissioner or a
342-temporary deputy may authorize suit against the state on any claim
343-which, in the opinion of the Claims Commissioner, presents an issue of
344-law or fact under which the state, were it a private person, could be
345-liable. The Claims Commissioner may grant permission to sue for a
346-claim that exclusively seeks permission to sue the state based solely on
347-the notice of claim or any supporting evidence submitted pursuant to
348-section 4-147, as amended by this act, or both, without holding a
349-hearing, upon the filing by the attorney or pro se claimant of (1) a motion
350-for approval to assert a claim without a hearing, requesting a ruling
351-based solely on the notice of the claim and any supporting evidence
352-submitted under the provisions of this chapter, and (2) an affidavit
353-attesting to the validity of a claim. Such affidavit shall be signed,
354-notarized and filed by both the attorney and claimant or a pro se
355-claimant, attesting to the following, in the following form: "I have made
356-a reasonable inquiry, as permitted by the circumstances, which has Substitute House Bill No. 6876
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270+(2) order immediate payment of a just claim in an amount not exceeding 210
271+thirty-five thousand dollars, (3) recommend to the General Assembly 211
272+payment of a just claim in an amount exceeding thirty-five thousand 212
273+dollars, or (4) authorize a claimant to sue the state, as provided in section 213
274+4-160, as amended by this act. 214
275+(b) Any person who has filed a claim for more than fifty thousand 215
276+dollars may request the General Assembly to review a decision of the 216
277+Claims Commissioner, the Deputy Claims Commissioner or a 217
278+temporary deputy (1) ordering the denial or dismissal of the claim 218
279+pursuant to subdivision (1) of subsection (a) of this section, including 219
280+denying or dismissing a claim that requests permission to sue the state, 220
281+or (2) ordering immediate payment of a just claim in an amount not 221
282+exceeding thirty-five thousand dollars pursuant to subdivision (2) of 222
283+subsection (a) of this section. A person who has filed a claim that has 223
284+been denied or dismissed by a temporary deputy pursuant to subsection 224
285+(d) of section 4-160, as amended by this act, may request the General 225
286+Assembly to review such denial or dismissal. A request for review shall 226
287+be in writing and filed with the Office of the Claims Commissioner not 227
288+later than twenty days after the date the person requesting such review 228
289+receives a copy of the decision. The filing of a request for review shall 229
290+automatically stay the decision of the Claims Commissioner or 230
291+temporary deputy. 231
292+Sec. 9. Section 4-159 of the general statutes is repealed and the 232
293+following is substituted in lieu thereof (Effective October 1, 2023): 233
294+(a) Not later than five days after the convening of each regular session 234
295+and at such other times as the speaker of the House of Representatives 235
296+and president pro tempore of the Senate may desire, the Office of the 236
297+Claims Commissioner shall submit to the General Assembly (1) all 237
298+claims for which the Claims Commissioner, the Deputy Commissioner 238
299+or a [magistrate] temporary deputy recommended payment of a just 239
300+claim in an amount exceeding thirty-five thousand dollars pursuant to 240
301+subdivision (3) of subsection (a) of section 4-158, as amended by this act, 241
302+and (2) all claims for which a request for review has been filed pursuant 242 Substitute Bill No. 6876
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360-given rise to a good faith belief that grounds exist for a suit against the
361-state. Such inquiry includes (provide a brief description of the inquiry
362-made)". The claimant shall serve any motion for approval and affidavit
363-on the office of the Attorney General and any state agency that is a
364-subject of the claim. The state may file an opposition to the motion for
365-approval and the affidavit not later than thirty days after such service of
366-the motion and affidavit. Such opposition shall be limited to opposition
367-of the claim based solely on jurisdictional grounds, including pursuant
368-to section 4-142, as amended by this act, or subsection (a) of section 4-
369-148, or prosecutorial, judicial, quasi-judicial or legislative immunity.
370-(b) Any claim exclusively requesting permission to sue the state that
371-was filed more than three years prior to [June 28, 2021] July 1, 2023, that
372-has not been disposed of by the Office of the Claims Commissioner, shall
373-be referred to a temporary deputy for proceedings in accordance with
374-subsection (d) of this section, unless the claimant expressly states the
375-desire to have [his or her] such claim remain before the Claims
376-Commissioner.
377-(c) [On and after July 1, 2022, if] If a claim exclusively requesting
378-permission to sue the state remains pending with the Office of the
379-Claims Commissioner eighteen months after the date on which such
380-claim was filed with the office, a claimant may file a notice indicating
381-the passage of such eighteen months with the Attorney General, the
382-Governor and the joint standing committee of the General Assembly
383-having cognizance of matters relating to the judiciary. The Claims
384-Commissioner shall issue a decision on such claim not later than ninety
385-days after the filing of such notice. If the Claims Commissioner does not
386-issue a decision during such ninety-day period, the claim shall be
387-referred to a temporary deputy for proceedings in accordance with
388-subsection (d) of this section. [, provided no claim may be referred to a
389-temporary deputy on or after July 1, 2023.] The provisions of this
390-subsection shall not apply to a claim in which the parties have Substitute House Bill No. 6876
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394-[stipulated] not objected to an extension of time for the Office of the
395-Claims Commissioner to dispose of the claim.
396-(d) (1) If a claim is referred to a temporary deputy under subsection
397-(b) or (c) of this section, such temporary deputy shall review the notice
398-of claim, the state's notice of opposition and any discovery or other
399-supporting evidence, and may, if the temporary deputy deems it
400-necessary, hold a conference with the parties using telephonic or video
401-conferencing technology. Consideration of the state's opposition to such
402-claims shall be limited to jurisdictional grounds or prosecutorial,
403-judicial, quasi-judicial or legislative immunity. The temporary deputy
404-shall make a determination to deny or dismiss a claim or authorize a
405-claimant to sue the state, not later than ninety days after the claim is
406-referred to such temporary deputy. A temporary deputy shall authorize
407-suit against the state if the claim, in the opinion of the temporary deputy,
408-presents an issue of law or fact under which the state, were it a private
409-person, could be liable. If the resolution of the state's opposition to the
410-claim is based on a dispute of a material fact, the temporary deputy shall
411-grant permission to sue the state and preserve the state's right to pursue
412-such defense in court.
413-(2) A temporary deputy shall make a finding of fact for each claim
414-and file such finding with the order or authorization disposing of the
415-claim with the Claims Commissioner. The temporary deputy shall
416-[deliver] provide a copy of such finding and order or authorization to
417-the claimant and to the representative for the state, which representative
418-may in appropriate cases be the Attorney General.
419-(e) A claimant exclusively seeking permission to sue the state shall be
420-deemed to have been granted permission to sue the state by the Claims
421-Commissioner if the Attorney General files with the Office of the Claims
422-Commissioner a signed stipulation authorizing permission to sue the
423-state for a particular claim of the claimant. Substitute House Bill No. 6876
309+to subsection (b) of section 4-158, as amended by this act, together with 243
310+a copy of the Claims Commissioner's, [the magistrate's] Deputy 244
311+Commissioner's or [the] temporary deputy's findings and the hearing 245
312+record, if any, of each claim so reported. 246
313+(b) The General Assembly shall: 247
314+(1) With respect to a decision of the Claims Commissioner, the 248
315+Deputy Claims Commissioner or a temporary deputy ordering the 249
316+denial or dismissal of a claim pursuant to subdivision (1) of subsection 250
317+(a) of section 4-158, as amended by this act: or a decision of a temporary 251
318+deputy ordering the denial or dismissal of a claim pursuant to 252
319+subsection (d) of section 4-160, as amended by this act: 253
320+(A) Confirm the decision; or 254
321+(B) Vacate the decision and, in lieu thereof, (i) order the payment of 255
322+the claim in a specified amount, or (ii) authorize the claimant to sue the 256
323+state; 257
324+(2) With respect to a decision of the Claims Commissioner ordering 258
325+the immediate payment of a just claim in an amount not exceeding 259
326+thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) 260
327+of section 4-158, as amended by this act: 261
328+(A) Confirm the decision; 262
329+(B) Modify the decision by ordering that a different amount be paid; 263
330+or 264
331+(C) Vacate the decision and, in lieu thereof, (i) order no payment be 265
332+made, or (ii) authorize the claimant to sue the state; 266
333+(3) With respect to a decision of the Claims Commissioner, the 267
334+Deputy Claims Commissioner or a temporary deputy recommending 268
335+payment of a just claim in an amount exceeding thirty-five thousand 269
336+dollars pursuant to subdivision (3) of subsection (a) of section 4-158, as 270 Substitute Bill No. 6876
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427-(f) In any claim alleging malpractice against the state, a state hospital
428-or against a physician, surgeon, dentist, podiatrist, chiropractor or other
429-licensed health care provider employed by the state, the attorney or pro
430-se party filing the claim may submit a certificate of good faith to the
431-Office of the Claims Commissioner in accordance with section 52-190a.
432-If such a certificate is submitted, permission to sue the state shall be
433-deemed granted by the Claims Commissioner (1) on June 28, 2021, if the
434-certificate has been filed with the Claims Commissioner prior to June 28,
435-2021, or (2) upon the filing of the certificate with the Office of the Claims
436-Commissioner, if such certificate is filed on or after June 28, 2021. In lieu
437-of filing a notice of claim pursuant to section 4-147, as amended by this
438-act, a claimant may commence a medical malpractice action against the
439-state prior to the expiration of the limitation period set forth in section
440-4-148 and authorization for such action against the state shall be deemed
441-granted. Any such action shall be limited to medical malpractice claims
442-only and any such action shall be deemed a suit otherwise authorized
443-by law in accordance with subsection (a) of section 4-142, as amended
444-by this act. The provisions of this subsection shall apply to any claim
445-alleging malpractice against the state that was timely filed with the
446-Claims Commissioner and remains pending with said commissioner,
447-regardless of whether such claim was filed before, on or after October 1,
448-2019.
449-(g) After completion of discovery in a suit filed in the Superior Court
450-after receiving permission to sue the state on the basis of an affidavit
451-attesting to the validity of a claim filed in accordance with subsection (a)
452-of this section, if the court determines that such affidavit was not made
453-in good faith, that no justiciable issue was presented against the state
454-and that the state cooperated in good faith with the claimant by
455-providing informal discovery, the court, upon motion or on its own
456-initiative, shall impose upon the attorney and claimant or pro se
457-claimant who signed such affidavit an appropriate sanction, which may
458-include an order to pay to the state the reasonable expenses incurred by Substitute House Bill No. 6876
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343+amended by this act: 271
344+(A) Accept the recommendation and order payment of the specified 272
345+amount; 273
346+(B) Modify the recommendation by ordering that a different amount 274
347+be paid; or 275
348+(C) Reject the recommendation and, in lieu thereof, (i) order no 276
349+payment be made, or (ii) authorize the claimant to sue the state; or 277
350+(4) With respect to a decision of the Claims Commissioner, the 278
351+Deputy Claims Commissioner or a temporary deputy pursuant to 279
352+subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended 280
353+by this act, or a decision of a temporary deputy pursuant to subsection 281
354+(d) of section 4-160, as amended by this act, remand the claim to the 282
355+Office of the Claims Commissioner for such further proceedings as the 283
356+General Assembly may direct. 284
357+(c) The General Assembly may grant the claimant permission to sue 285
358+the state under the provisions of this section when the General 286
359+Assembly deems it just and equitable and believes the claim to present 287
360+an issue of law or fact under which the state, were it a private person, 288
361+could be liable. 289
362+(d) If the General Assembly orders the payment of a claim, the Office 290
363+of the Claims Commissioner shall deliver to the Comptroller a notice of 291
364+the order and the Comptroller shall make payment in the manner 292
365+prescribed for payment of an order of the Claims Commissioner 293
366+pursuant to section 4-158, as amended by this act. 294
367+(e) The review by the General Assembly of claims submitted to it by 295
368+the Office of the Claims Commissioner under this section shall be 296
369+conducted in accordance with such procedures as the General Assembly 297
370+may prescribe. 298
371+Sec. 10. Section 4-160 of the general statutes is repealed and the 299 Substitute Bill No. 6876
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462-the state because of the filing of the suit. The court may also submit the
463-matter to the appropriate authority for disciplinary review of any
464-attorney who submitted the affidavit.
465-(h) In each action authorized by the Claims Commissioner or a
466-temporary deputy, or any action where permission to sue the state has
467-been deemed to have been granted by the Claims Commissioner,
468-pursuant to subsections (a) to (f), inclusive, of this section or by the
469-General Assembly pursuant to section 4-159, as amended by this act, or
470-4-159a, as amended by this act, the claimant shall allege such
471-authorization or permission and the date on which it was granted,
472-except that evidence of such authorization or permission shall not be
473-admissible in such action as evidence of the state's liability. Except as
474-provided in subsection (d) of this section, (1) the state waives its
475-immunity from liability and from suit in each such action and waives all
476-defenses which might arise from the eleemosynary or governmental
477-nature of the activity complained of, and (2) the rights and liability of
478-the state in each such action shall be coextensive with and shall equal
479-the rights and liability of private persons in like circumstances.
480-(i) No such action shall be brought but within one year from the date
481-such authorization becomes effective or permission to sue is granted,
482-whichever date is later. With respect to any claim presented to the Office
483-of the Claims Commissioner for which authorization or permission to
484-sue is granted, any statute of limitation applicable to such action shall
485-be tolled until the date such authorization or permission to sue is
486-granted. The claimant shall bring such action against the state as party
487-defendant in the judicial district in which the claimant resides or, if the
488-claimant is not a resident of this state, in the judicial district of Hartford
489-or in the judicial district in which the claim arose.
490-(j) Civil process directed against the state shall be served as provided
491-by section 52-64. Substitute House Bill No. 6876
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495-(k) Issues arising in such actions shall be tried to the court without a
496-jury.
497-(l) The laws and rules of practice governing disclosures in civil
498-actions shall apply against state agencies and state officers and
499-employees possessing books, papers, records, documents or
500-information pertinent to the issues involved in any such action.
501-(m) The Attorney General, with the consent of the court, may
502-compromise or settle any such action. The terms of every such
503-compromise or settlement shall be expressed in a judgment of the court.
504-(n) Costs may be allowed against the state as the court deems just,
505-consistent with the provisions of chapter 901.
506-(o) The clerk of the court in which judgment is entered against the
507-state shall forward a certified copy of such judgment to the Comptroller.
508-The Attorney General shall certify to the Comptroller when the time
509-allowed by law for proceeding subsequent to final judgment has expired
510-and the Attorney General shall designate the state agency involved in
511-the action. Upon receipt of such judgment and certification the
512-Comptroller shall make payment as follows: Amounts directed by law
513-to be paid from a special fund shall be paid from such special fund;
514-amounts awarded upon contractual claims for goods or services
515-furnished or for property leased shall be paid from the appropriation of
516-the agency which received such goods or services or occupied such
517-property; all other amounts shall be paid from such appropriation as the
518-General Assembly may have made for the payment of claims.
519-(p) Not later than five days after the convening of each regular
520-session, the Attorney General shall report to the joint standing
521-committee of the General Assembly having cognizance of matters
522-relating to the judiciary on the status and disposition of all actions
523-authorized pursuant to this section or section 4-159, as amended by this Substitute House Bill No. 6876
378+following is substituted in lieu thereof (Effective October 1, 2023): 300
379+(a) Whenever the Claims Commissioner deems it just and equitable, 301
380+the Claims Commissioner, the Deputy Claims Commissioner or a 302
381+temporary deputy may authorize suit against the state on any claim 303
382+which, in the opinion of the Claims Commissioner, presents an issue of 304
383+law or fact under which the state, were it a private person, could be 305
384+liable. The Claims Commissioner may grant permission to sue for a 306
385+claim that exclusively seeks permission to sue the state based solely on 307
386+the notice of claim or any supporting evidence submitted pursuant to 308
387+section 4-147, or both, without holding a hearing, upon the filing by the 309
388+attorney or pro se claimant of (1) a motion for approval to assert a claim 310
389+without a hearing, requesting a ruling based solely on the notice of the 311
390+claim and any supporting evidence submitted under the provisions of 312
391+this chapter, and (2) an affidavit attesting to the validity of a claim. Such 313
392+affidavit shall be signed, notarized and filed by both the attorney and 314
393+claimant or a pro se claimant, attesting to the following, in the following 315
394+form: "I have made a reasonable inquiry, as permitted by the 316
395+circumstances, which has given rise to a good faith belief that grounds 317
396+exist for a suit against the state. Such inquiry includes (provide a brief 318
397+description of the inquiry made)". The claimant shall serve any motion 319
398+for approval and affidavit on the office of the Attorney General and any 320
399+state agency that is a subject of the claim. The state may file an 321
400+opposition to the motion for approval and the affidavit not later than 322
401+thirty days after such service of the motion and affidavit. Such 323
402+opposition shall be limited to opposition of the claim based solely on 324
403+jurisdictional grounds, including pursuant to section 4-142, as amended 325
404+by this act, or subsection (a) of section 4-148, or prosecutorial, judicial, 326
405+quasi-judicial or legislative immunity. 327
406+(b) Any claim exclusively requesting permission to sue the state that 328
407+was filed more than three years prior to [June 28, 2021] July 1, 2023, that 329
408+has not been disposed of by the Office of the Claims Commissioner, shall 330
409+be referred to a temporary deputy for proceedings in accordance with 331
410+subsection (d) of this section, unless the claimant expressly states the 332 Substitute Bill No. 6876
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527-act, or brought against the state under any other provision of law and in
528-which the interests of the state are represented by the Attorney General.
529-The report shall include: (1) The number of such actions pending in state
530-and federal court, categorized by the alleged ground for the action, (2)
531-the number of new actions brought in the preceding year in state and
532-federal court, categorized by the alleged ground for the action, (3) the
533-number of actions disposed of in the preceding year, categorized by the
534-ground for the action that was disposed of and whether the action was
535-disposed of by settlement or litigation to final judgment, and the amount
536-paid for actions within the respective categories, and (4) such other
537-information as may be requested, from time to time, by the joint
538-standing committee of the General Assembly having cognizance of
539-matters relating to the judiciary. The report shall identify each action
540-disposed of by payment of an amount exceeding one hundred thousand
541-dollars.
542-Sec. 11. Section 4-147 of the general statutes is repealed and the
543-following is substituted in lieu thereof (Effective July 1, 2023):
544-Any person wishing to present a claim against the state shall file with
545-the Office of the Claims Commissioner a notice of claim, in duplicate,
546-containing the following information: (1) The name and address of the
547-claimant; the name and address of [his] the claimant's principal, if the
548-claimant is acting in a representative capacity, and the name and
549-address of [his] the claimant's attorney, if the claimant is so represented;
550-(2) a concise statement of the basis of the claim, including the date, time,
551-place and circumstances of the act or event complained of; (3) a
552-statement of the amount requested, which shall minimally indicate
553-whether such amount is less than thirty-five thousand dollars, or equal
554-to or in excess of thirty-five thousand dollars; and (4) a request for
555-permission to sue the state, if such permission is sought. A claim
556-exclusively setting forth a request for permission to sue the state may be
557-accompanied by supporting evidence, including, but not limited to, Substitute House Bill No. 6876
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417+desire to have [his or her] such claim remain before the Claims 333
418+Commissioner. 334
419+(c) [On and after July 1, 2022, if] If a claim exclusively requesting 335
420+permission to sue the state remains pending with the Office of the 336
421+Claims Commissioner eighteen months after the date on which such 337
422+claim was filed with the office, a claimant may file a notice indicating 338
423+the passage of such eighteen months with the Attorney General, the 339
424+Governor and the joint standing committee of the General Assembly 340
425+having cognizance of matters relating to the judiciary. The Claims 341
426+Commissioner shall issue a decision on such claim not later than ninety 342
427+days after the filing of such notice. If the Claims Commissioner does not 343
428+issue a decision during such ninety-day period, the claim shall be 344
429+referred to a temporary deputy for proceedings in accordance with 345
430+subsection (d) of this section. [, provided no claim may be referred to a 346
431+temporary deputy on or after July 1, 2023.] The provisions of this 347
432+subsection shall not apply to a claim in which the parties have stipulated 348
433+to an extension of time for the Office of the Claims Commissioner to 349
434+dispose of the claim. 350
435+(d) (1) If a claim is referred to a temporary deputy under subsection 351
436+(b) or (c) of this section, such temporary deputy shall review the notice 352
437+of claim, the state's notice of opposition and any discovery or other 353
438+supporting evidence, and may, if the temporary deputy deems it 354
439+necessary, hold a conference with the parties using telephonic or video 355
440+conferencing technology. Consideration of the state's opposition to such 356
441+claims shall be limited to jurisdictional grounds or prosecutorial, 357
442+judicial, quasi-judicial or legislative immunity. The temporary deputy 358
443+shall make a determination to deny or dismiss a claim or authorize a 359
444+claimant to sue the state, not later than ninety days after the claim is 360
445+referred to such temporary deputy. A temporary deputy shall authorize 361
446+suit against the state if the claim, in the opinion of the temporary deputy, 362
447+presents an issue of law or fact under which the state, were it a private 363
448+person, could be liable. If the resolution of the state's opposition to the 364
449+claim is based on a dispute of a material fact, the temporary deputy shall 365 Substitute Bill No. 6876
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561-transcripts, records, documents, reports, affidavits or memoranda. A
562-notice of claim, if sent by mail, shall be deemed to have been filed with
563-the Office of the Claims Commissioner on the date such notice of claim
564-is postmarked. [Claims in excess of five thousand dollars shall be
565-accompanied by a check or money order in the sum of fifty dollars
566-payable to the Treasurer, state of Connecticut. Claims for five thousand
567-dollars or less shall be accompanied by a check or money order in the
568-sum of twenty-five dollars payable to the Treasurer, state of
569-Connecticut. Except as provided in section 4-165b, fees may be waived
570-by the Claims Commissioner for good cause but such action by the
571-Claims Commissioner shall not relieve the claimant from the obligation
572-of filing the notice of claim in timely fashion within the statute of
573-limitations under section 4-148.] The Office of the Claims Commissioner
574-shall promptly [deliver] provide a copy of the notice of claim to the
575-Attorney General. Such notice shall be for informational purposes only
576-and shall not be subject to any formal or technical requirements, except
577-as may be necessary for clarity of presentation and facility of
578-understanding.
579-Sec. 12. Section 4-149 of the general statutes is repealed and the
580-following is substituted in lieu thereof (Effective July 1, 2023):
581-(a) The Attorney General shall review each claim [delivered] filed
582-under section 4-147, as amended by this act. If such review discloses to
583-the satisfaction of the Attorney General that protection of the state's
584-interest does not reasonably require representation by the Attorney
585-General before the Claims Commissioner, then such representation shall
586-be provided by the state agency or department involved in the claim. In
587-making such determination, the Attorney General shall consider (1) the
588-sum of money involved; (2) the legal significance of the claim as a
589-precedent; and (3) the complexity of the legal and factual issues
590-presented.
591-(b) The Attorney General shall notify the Claims Commissioner and Substitute House Bill No. 6876
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595-the agency or department involved within ninety days of receipt of a
596-claim by the Attorney General in those instances when the Attorney
597-General determines that protection of the state's interest does not
598-reasonably require representation by the Attorney General before the
599-Claims Commissioner.
600-(c) When the representative for the state, which representative may
601-in appropriate cases be the Attorney General, desires to oppose a claim,
602-such representative shall file with the Office of the Claims
603-Commissioner a notice of opposition, [in duplicate,] containing a
604-concise statement of such representative's objections. The Office of the
605-Claims Commissioner shall promptly [deliver a copy thereof] provide a
606-copy of the notice of opposition to the claimant.
607-Sec. 13. Section 4-156 of the general statutes is repealed and the
608-following is substituted in lieu thereof (Effective July 1, 2023):
609-Upon the discovery of new evidence, any claimant aggrieved by an
610-order of the Claims Commissioner rejecting or recommending the
611-rejection of [his or her] the claimant's claim, in whole or in part, may
612-apply for rehearing. The claimant shall file with the Office of the Claims
613-Commissioner an application for such rehearing, [in duplicate,] stating
614-concisely in the application the matters which he or she desires to
615-submit to the Office of the Claims Commissioner. The Office of the
616-Claims Commissioner shall promptly [deliver] provide a copy of the
617-application to the Attorney General. The Attorney General shall review
618-the application in the manner specified in subsection (a) of section 4-149,
619-as amended by this act. If such review discloses to the satisfaction of the
620-Attorney General that protection of the state's interest does not
621-reasonably require representation before the Office of the Claims
622-Commissioner by the Attorney General, the Attorney General shall refer
623-the application to the state agency or department involved in the claim
624-for representation of the state before the Office of the Claims
625-Commissioner not later than ninety days after receipt of the application Substitute House Bill No. 6876
456+grant permission to sue the state and preserve the state's right to pursue 366
457+such defense in court. 367
458+(2) A temporary deputy shall make a finding of fact for each claim 368
459+and file such finding with the order or authorization disposing of the 369
460+claim with the Claims Commissioner. The temporary deputy shall 370
461+deliver a copy of such finding and order or authorization to the claimant 371
462+and to the representative for the state, which representative may in 372
463+appropriate cases be the Attorney General. 373
464+(e) A claimant exclusively seeking permission to sue the state shall be 374
465+deemed to have been granted permission to sue the state by the Claims 375
466+Commissioner if the Attorney General files with the Office of the Claims 376
467+Commissioner a signed stipulation authorizing permission to sue the 377
468+state for a particular claim of the claimant. 378
469+(f) In any claim alleging malpractice against the state, a state hospital 379
470+or against a physician, surgeon, dentist, podiatrist, chiropractor or other 380
471+licensed health care provider employed by the state, the attorney or pro 381
472+se party filing the claim may submit a certificate of good faith to the 382
473+Office of the Claims Commissioner in accordance with section 52-190a. 383
474+If such a certificate is submitted, permission to sue the state shall be 384
475+deemed granted by the Claims Commissioner (1) on June 28, 2021, if the 385
476+certificate has been filed with the Claims Commissioner prior to June 28, 386
477+2021, or (2) upon the filing of the certificate with the Office of the Claims 387
478+Commissioner, if such certificate is filed on or after June 28, 2021. In lieu 388
479+of filing a notice of claim pursuant to section 4-147, a claimant may 389
480+commence a medical malpractice action against the state prior to the 390
481+expiration of the limitation period set forth in section 4-148 and 391
482+authorization for such action against the state shall be deemed granted. 392
483+Any such action shall be limited to medical malpractice claims only and 393
484+any such action shall be deemed a suit otherwise authorized by law in 394
485+accordance with subsection (a) of section 4-142, as amended by this act. 395
486+The provisions of this subsection shall apply to any claim alleging 396
487+malpractice against the state that was timely filed with the Claims 397
488+Commissioner and remains pending with said commissioner, 398 Substitute Bill No. 6876
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629-by the Attorney General. Each such rehearing shall be subject to the
630-provisions of this chapter and the rules made thereunder respecting the
631-hearing and disposition of claims and reports to the General Assembly.
632-Sec. 14. Section 4-165b of the general statutes is repealed and the
633-following is substituted in lieu thereof (Effective July 1, 2023):
634-(a) Any inmate, as defined in section 18-84, who suffers an injury may
635-file a claim against the state. Such claim shall be heard and decided in
636-accordance with the provisions of this chapter, provided no such claim
637-shall be presented to the Office of the Claims Commissioner until the
638-inmate has exhausted all administrative remedies provided by the
639-Department of Correction. Notwithstanding the provisions of this
640-subsection, the legal representative of the estate of an inmate may
641-present to the Office of the Claims Commissioner a claim against the
642-state prior to having exhausted any administrative remedy provided by
643-the Department of Correction.
644-(b) In addition to the information required by section 4-147, as
645-amended by this act, an inmate's notice of claim shall include a
646-description of the administrative remedies that have been exhausted.
647-An inmate shall present such claim to the Office of the Claims
648-Commissioner not later than one year after the date on which the inmate
649-exhausted all administrative remedies.
650-[(c) The Claims Commissioner may not grant a waiver of the filing
651-fee prescribed in section 4-147 to an inmate when, on three or more prior
652-occasions, the inmate filed with the Office of the Claims Commissioner
653-a claim that was dismissed on grounds that it was frivolous, duplicative,
654-malicious or otherwise failed to state a claim upon which relief could be
655-granted.]
656-Sec. 15. Section 4-159a of the general statutes is repealed and the
657-following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6876
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495+regardless of whether such claim was filed before, on or after October 1, 399
496+2019. 400
497+(g) After completion of discovery in a suit filed in the Superior Court 401
498+after receiving permission to sue the state on the basis of an affidavit 402
499+attesting to the validity of a claim filed in accordance with subsection (a) 403
500+of this section, if the court determines that such affidavit was not made 404
501+in good faith, that no justiciable issue was presented against the state 405
502+and that the state cooperated in good faith with the claimant by 406
503+providing informal discovery, the court, upon motion or on its own 407
504+initiative, shall impose upon the attorney and claimant or pro se 408
505+claimant who signed such affidavit an appropriate sanction, which may 409
506+include an order to pay to the state the reasonable expenses incurred by 410
507+the state because of the filing of the suit. The court may also submit the 411
508+matter to the appropriate authority for disciplinary review of any 412
509+attorney who submitted the affidavit. 413
510+(h) In each action authorized by the Claims Commissioner or a 414
511+temporary deputy, or any action where permission to sue the state has 415
512+been deemed to have been granted by the Claims Commissioner, 416
513+pursuant to subsections (a) to (f), inclusive, of this section or by the 417
514+General Assembly pursuant to section 4-159, as amended by this act, or 418
515+4-159a, the claimant shall allege such authorization or permission and 419
516+the date on which it was granted, except that evidence of such 420
517+authorization or permission shall not be admissible in such action as 421
518+evidence of the state's liability. Except as provided in subsection (d) of 422
519+this section, (1) the state waives its immunity from liability and from suit 423
520+in each such action and waives all defenses which might arise from the 424
521+eleemosynary or governmental nature of the activity complained of, and 425
522+(2) the rights and liability of the state in each such action shall be 426
523+coextensive with and shall equal the rights and liability of private 427
524+persons in like circumstances. 428
525+(i) No such action shall be brought but within one year from the date 429
526+such authorization becomes effective or permission to sue is granted, 430
527+whichever date is later. With respect to any claim presented to the Office 431 Substitute Bill No. 6876
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661-(a) (1) Not later than five days after the convening of each regular
662-session, the Claims Commissioner shall report to the General Assembly
663-on all claims that have been filed with the Office of the Claims
664-Commissioner pursuant to section 4-147, as amended by this act, and
665-have not been disposed of by the Office of the Claims Commissioner
666-within two years of the date of filing or within any extension thereof
667-granted by the General Assembly pursuant to subsection (c) of this
668-section, except claims in which the parties have [stipulated] not objected
669-within thirty days to an extension of time sought by the Office of the
670-Claims Commissioner for [the Office of the Claims Commissioner] said
671-office to dispose of the claim. (2) The report submitted by the Claims
672-Commissioner pursuant to subdivision (1) of this subsection shall
673-minimally include (A) an explanation as to why the claim has not been
674-disposed of, and (B) the date by which a decision will be rendered on
675-the claim in the event the General Assembly were to grant the Office of
676-the Claims Commissioner an extension of time to dispose of the claim.
677-(b) The Office of the Claims Commissioner shall give notice to all
678-claimants whose claims are the subject of a report as provided in
679-subsection (a) of this section that their claims will be considered at the
680-next regular session of the General Assembly pursuant to subsection (c)
681-of this section.
682-(c) With respect to any claim that is the subject of a report as provided
683-in subsection (a) of this section, the General Assembly may (1) grant the
684-Office of the Claims Commissioner an extension for a period specified
685-by the General Assembly to dispose of such claim, (2) grant the claimant
686-permission to sue the state, (3) grant an award to the claimant, or (4)
687-deny the claim.
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534+of the Claims Commissioner for which authorization or permission to 432
535+sue is granted, any statute of limitation applicable to such action shall 433
536+be tolled until the date such authorization or permission to sue is 434
537+granted. The claimant shall bring such action against the state as party 435
538+defendant in the judicial district in which the claimant resides or, if the 436
539+claimant is not a resident of this state, in the judicial district of Hartford 437
540+or in the judicial district in which the claim arose. 438
541+(j) Civil process directed against the state shall be served as provided 439
542+by section 52-64. 440
543+(k) Issues arising in such actions shall be tried to the court without a 441
544+jury. 442
545+(l) The laws and rules of practice governing disclosures in civil 443
546+actions shall apply against state agencies and state officers and 444
547+employees possessing books, papers, records, documents or 445
548+information pertinent to the issues involved in any such action. 446
549+(m) The Attorney General, with the consent of the court, may 447
550+compromise or settle any such action. The terms of every such 448
551+compromise or settlement shall be expressed in a judgment of the court. 449
552+(n) Costs may be allowed against the state as the court deems just, 450
553+consistent with the provisions of chapter 901. 451
554+(o) The clerk of the court in which judgment is entered against the 452
555+state shall forward a certified copy of such judgment to the Comptroller. 453
556+The Attorney General shall certify to the Comptroller when the time 454
557+allowed by law for proceeding subsequent to final judgment has expired 455
558+and the Attorney General shall designate the state agency involved in 456
559+the action. Upon receipt of such judgment and certification the 457
560+Comptroller shall make payment as follows: Amounts directed by law 458
561+to be paid from a special fund shall be paid from such special fund; 459
562+amounts awarded upon contractual claims for goods or services 460
563+furnished or for property leased shall be paid from the appropriation of 461
564+the agency which received such goods or services or occupied such 462 Substitute Bill No. 6876
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571+property; all other amounts shall be paid from such appropriation as the 463
572+General Assembly may have made for the payment of claims. 464
573+(p) Not later than five days after the convening of each regular 465
574+session, the Attorney General shall report to the joint standing 466
575+committee of the General Assembly having cognizance of matters 467
576+relating to the judiciary on the status and disposition of all actions 468
577+authorized pursuant to this section or section 4-159, as amended by this 469
578+act, or brought against the state under any other provision of law and in 470
579+which the interests of the state are represented by the Attorney General. 471
580+The report shall include: (1) The number of such actions pending in state 472
581+and federal court, categorized by the alleged ground for the action, (2) 473
582+the number of new actions brought in the preceding year in state and 474
583+federal court, categorized by the alleged ground for the action, (3) the 475
584+number of actions disposed of in the preceding year, categorized by the 476
585+ground for the action that was disposed of and whether the action was 477
586+disposed of by settlement or litigation to final judgment, and the amount 478
587+paid for actions within the respective categories, and (4) such other 479
588+information as may be requested, from time to time, by the joint 480
589+standing committee of the General Assembly having cognizance of 481
590+matters relating to the judiciary. The report shall identify each action 482
591+disposed of by payment of an amount exceeding one hundred thousand 483
592+dollars. 484
593+This act shall take effect as follows and shall amend the following
594+sections:
595+
596+Section 1 October 1, 2023 4-142
597+Sec. 2 October 1, 2023 4-142a
598+Sec. 3 October 1, 2023 4-142b
599+Sec. 4 October 1, 2023 4-151
600+Sec. 5 October 1, 2023 4-151a
601+Sec. 6 October 1, 2023 4-152
602+Sec. 7 October 1, 2023 4-154(a)
603+Sec. 8 October 1, 2023 4-158(a) and (b)
604+Sec. 9 October 1, 2023 4-159
605+Sec. 10 October 1, 2023 4-160 Substitute Bill No. 6876
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613+
614+JUD Joint Favorable Subst.
615+APP Joint Favorable
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