14 | | - | Section 1. Section 4-142 of the general statutes is repealed and the |
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15 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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16 | | - | (a) There shall be an Office of the Claims Commissioner which shall |
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17 | | - | hear and determine all claims against the state except: (1) Claims for the |
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18 | | - | periodic payment of disability, pension, retirement or other |
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19 | | - | employment benefits; (2) claims upon which suit otherwise is |
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20 | | - | authorized by law including suits to recover similar relief arising from |
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21 | | - | the same set of facts; (3) claims for which an administrative hearing |
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22 | | - | procedure otherwise is established by law; (4) requests by political |
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23 | | - | subdivisions of the state for the payment of grants in lieu of taxes; and |
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24 | | - | (5) claims for the refund of taxes. |
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25 | | - | (b) The Office of the Claims Commissioner shall consist of the Claims |
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26 | | - | Commissioner, and, within available appropriations, the Deputy |
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27 | | - | Claims Commissioner, not more than six temporary deputies and such |
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28 | | - | administrative staff as may be provided by the Department of |
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29 | | - | Administrative Services. The Claims Commissioner, the Deputy Claims |
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30 | | - | Commissioner, or a temporary deputy [or a magistrate] assigned to Substitute House Bill No. 6876 |
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| 19 | + | Section 1. Section 4-142 of the general statutes is repealed and the 1 |
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| 20 | + | following is substituted in lieu thereof (Effective October 1, 2023): 2 |
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| 21 | + | (a) There shall be an Office of the Claims Commissioner which shall 3 |
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| 22 | + | hear and determine all claims against the state except: (1) Claims for the 4 |
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| 23 | + | periodic payment of disability, pension, retirement or other 5 |
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| 24 | + | employment benefits; (2) claims upon which suit otherwise is 6 |
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| 25 | + | authorized by law including suits to recover similar relief arising from 7 |
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| 26 | + | the same set of facts; (3) claims for which an administrative hearing 8 |
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| 27 | + | procedure otherwise is established by law; (4) requests by political 9 |
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| 28 | + | subdivisions of the state for the payment of grants in lieu of taxes; and 10 |
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| 29 | + | (5) claims for the refund of taxes. 11 |
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| 30 | + | (b) The Office of the Claims Commissioner shall consist of the Claims 12 |
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| 31 | + | Commissioner, the Deputy Claims Commissioner, six temporary 13 |
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| 32 | + | deputies and such administrative staff as may be provided by the 14 |
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| 33 | + | Department of Administrative Services. The Claims Commissioner, the 15 |
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| 34 | + | Deputy Claims Commissioner, or a temporary deputy [or a magistrate] 16 |
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| 35 | + | assigned to assist the Claims Commissioner pursuant to section 4-142b, 17 |
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| 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 |
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35 | | - | by this act, shall hear and determine all claims against the state, except |
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36 | | - | as otherwise provided in subsection (a) of this section. Such claims shall |
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37 | | - | be heard and determined in accordance with the rules prescribed by the |
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38 | | - | Claims Commissioner pursuant to section 4-157, except as may be |
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39 | | - | provided in section 4-160, as amended by this act. |
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40 | | - | Sec. 2. Section 4-142a of the general statutes is repealed and the |
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41 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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42 | | - | (a) (1) The Claims Commissioner shall be [appointed] nominated by |
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43 | | - | the Governor with the advice and consent of the General Assembly to |
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44 | | - | serve for a term of four years from the first day in July [in] of the year of |
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45 | | - | [his or her] such appointment and until [his or her] a successor has been |
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46 | | - | appointed and has qualified. [The Claims Commissioner shall be an |
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47 | | - | attorney-at-law and shall have been admitted to practice before the |
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48 | | - | courts of the state of Connecticut for at least five years prior to his or her |
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49 | | - | appointment. The Claims Commissioner serving on June 28, 2021, may |
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50 | | - | continue to serve until the expiration of his or her term. On and after |
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51 | | - | June 28, 2021, each] Each nomination for appointment as Claims |
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52 | | - | Commissioner by the Governor shall be referred, without debate, to the |
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53 | | - | joint standing committee of the General Assembly having cognizance of |
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54 | | - | matters relating to the judiciary, which shall report on each appointment |
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55 | | - | not later than thirty days after the date of reference. Each appointment |
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56 | | - | by the General Assembly of the Claims Commissioner shall be by |
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57 | | - | concurrent resolution. The Claims Commissioner shall be an attorney- |
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58 | | - | at-law and shall have been admitted to practice before the courts of the |
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59 | | - | state of Connecticut for at least five years prior to such appointment. |
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60 | | - | (2) The Claims Commissioner shall receive such compensation as is |
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61 | | - | fixed under the provisions of section 4-40. The Claims Commissioner |
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62 | | - | may enter into such contractual agreements, in accordance with |
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63 | | - | established procedures, as may be necessary for the discharge of [his or |
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64 | | - | her] the commissioner's duties. Subject to the provisions of section 4-32, Substitute House Bill No. 6876 |
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| 39 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06876- |
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| 40 | + | R02-HB.docx } |
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| 41 | + | 2 of 17 |
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66 | | - | Public Act No. 23-131 3 of 21 |
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| 43 | + | state, except as otherwise provided in subsection (a) of this section. Such 19 |
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| 44 | + | claims shall be heard and determined in accordance with the rules 20 |
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| 45 | + | prescribed by the Claims Commissioner pursuant to section 4-157, 21 |
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| 46 | + | except as may be provided in section 4-160, as amended by this act. 22 |
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| 47 | + | Sec. 2. Section 4-142a of the general statutes is repealed and the 23 |
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| 48 | + | following is substituted in lieu thereof (Effective October 1, 2023): 24 |
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| 49 | + | (a) (1) The Claims Commissioner shall be appointed by the Governor 25 |
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| 50 | + | with the advice and consent of the General Assembly to serve for a term 26 |
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| 51 | + | of four years from the first day in July [in] of the year of [his or her] such 27 |
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| 52 | + | appointment and until [his or her] a successor has been appointed and 28 |
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| 53 | + | has qualified. The Claims Commissioner shall be an attorney-at-law and 29 |
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| 54 | + | shall have been admitted to practice before the courts of the state of 30 |
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| 55 | + | Connecticut for at least five years prior to [his or her] such appointment. 31 |
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| 56 | + | [The Claims Commissioner serving on June 28, 2021, may continue to 32 |
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| 57 | + | serve until the expiration of his or her term. On and after June 28, 2021, 33 |
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| 58 | + | each] Each nomination for appointment as Claims Commissioner by the 34 |
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| 59 | + | Governor shall be referred, without debate, to the joint standing 35 |
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| 60 | + | committee of the General Assembly having cognizance of matters 36 |
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| 61 | + | relating to the judiciary, which shall report on each appointment not 37 |
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| 62 | + | later than thirty days after the date of reference. Each appointment by 38 |
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| 63 | + | the General Assembly of the Claims Commissioner shall be by 39 |
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| 64 | + | concurrent resolution. 40 |
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| 65 | + | (2) The Claims Commissioner shall receive such compensation as is 41 |
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| 66 | + | fixed under the provisions of section 4-40. The Claims Commissioner 42 |
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| 67 | + | may enter into such contractual agreements, in accordance with 43 |
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| 68 | + | established procedures, as may be necessary for the discharge of [his or 44 |
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| 69 | + | her] the commissioner's duties. Subject to the provisions of section 4-32, 45 |
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| 70 | + | and unless otherwise provided by law, the Claims Commissioner is 46 |
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| 71 | + | authorized to receive any money, revenue or services from the federal 47 |
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| 72 | + | government, corporations, associations or individuals, including 48 |
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| 73 | + | payments from the sale of printed matter or any other materials or 49 |
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| 74 | + | services. 50 Substitute Bill No. 6876 |
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68 | | - | and unless otherwise provided by law, the Claims Commissioner is |
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69 | | - | authorized to receive any money, revenue or services from the federal |
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70 | | - | government, corporations, associations or individuals, including |
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71 | | - | payments from the sale of printed matter or any other materials or |
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72 | | - | services. |
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73 | | - | (b) The Office of the Claims Commissioner shall be within the |
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74 | | - | Department of Administrative Services, provided the office shall have |
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75 | | - | independent decision-making authority. |
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76 | | - | (c) (1) The Governor [shall] may, within available appropriations, |
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77 | | - | appoint not more than six temporary deputies to serve in the Office of |
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78 | | - | the Claims Commissioner. A temporary deputy shall be an attorney-at- |
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79 | | - | law who has experience practicing law before the courts of the state of |
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80 | | - | Connecticut and has trial experience. A temporary deputy may not be |
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81 | | - | an employee of the office of the Attorney General or have a claim |
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82 | | - | pending before the Claims Commissioner, either as a claimant or as an |
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83 | | - | attorney appearing on behalf of a claimant. Each temporary deputy shall |
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84 | | - | serve at the pleasure of the Governor, for a term coterminous with the |
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85 | | - | Governor, or until a successor is appointed and qualified, whichever is |
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86 | | - | longer, provided no temporary deputy may be appointed or serve in |
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87 | | - | such position on or after [October 1, 2023] March 1, 2026. |
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88 | | - | (2) A temporary deputy shall receive, for each day of service, the |
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89 | | - | same compensation as paid to a judge trial referee under subdivision (1) |
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90 | | - | of subsection (f) of section 52-434 for each day of service by such referee. |
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91 | | - | (3) Each temporary deputy shall have decision-making authority to |
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92 | | - | issue a final decision to grant or deny permission to sue for each claim |
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93 | | - | referred to such deputy under the provisions of subsection (b) or (c) of |
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94 | | - | section 4-160, as amended by this act. |
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95 | | - | (d) The Claims Commissioner shall, within available appropriations, |
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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 |
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101 | | - | the Claims Commissioner and shall, in the absence, disability or |
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102 | | - | disqualification of the Claims Commissioner, perform all the functions |
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103 | | - | and have all the powers and duties of said office and such other duties |
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104 | | - | as may be prescribed. The position of Deputy Claims Commissioner |
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105 | | - | shall be exempt from the classified service. The Deputy Claims |
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106 | | - | Commissioner shall serve until a successor is appointed by the Claims |
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107 | | - | Commissioner. The term of the Deputy Claims Commissioner shall not |
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108 | | - | be coterminous with that of the Claims Commissioner, instead the |
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109 | | - | Deputy Claims Commissioner may be replaced upon the appointment |
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110 | | - | of a new Claims Commissioner in accordance with the provisions of |
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111 | | - | subdivision (1) of subsection (a) of this section. |
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112 | | - | Sec. 3. Section 4-142b of the general statutes is repealed and the |
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113 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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114 | | - | The Office of the Claims Commissioner shall maintain a permanent |
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115 | | - | office in Hartford County in such suitable space as the Commissioner of |
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116 | | - | Administrative Services provides. All papers required to be filed with |
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117 | | - | the Office of the Claims Commissioner shall be delivered to such office. |
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118 | | - | The Claims Commissioner may [designate one or more magistrates who |
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119 | | - | shall be available to the Office of the Claims Commissioner] assign a |
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120 | | - | temporary deputy to hear a claim and issue a decision concerning the |
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121 | | - | final disposition of a claim against the state, or make recommendations |
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122 | | - | to the Claims Commissioner or Deputy Claims Commissioner |
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123 | | - | concerning the final disposition of a claim as provided for in this |
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124 | | - | chapter. [The Claims Commissioner may appoint any magistrate who is |
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125 | | - | on the list of available magistrates maintained by the Chief Court |
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126 | | - | Administrator. A magistrate appointed by the Claims Commissioner |
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127 | | - | may review, hear and decide a claim, or make a recommendation to the |
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128 | | - | Claims Commissioner concerning the final disposition of a claim. The |
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129 | | - | Claims Commissioner shall establish such rules as he or she deems |
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130 | | - | necessary to provide for the appointment of a magistrate to hear and Substitute House Bill No. 6876 |
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| 81 | + | (b) The Office of the Claims Commissioner shall be within the 51 |
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| 82 | + | Department of Administrative Services, provided the office shall have 52 |
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| 83 | + | independent decision-making authority. 53 |
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| 84 | + | (c) (1) The Governor shall appoint six temporary deputies to serve in 54 |
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| 85 | + | the Office of the Claims Commissioner. A temporary deputy shall be an 55 |
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| 86 | + | attorney-at-law who has experience practicing law before the courts of 56 |
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| 87 | + | the state of Connecticut and has trial experience. A temporary deputy 57 |
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| 88 | + | may not be an employee of the office of the Attorney General or have a 58 |
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| 89 | + | claim pending before the Claims Commissioner, either as a claimant or 59 |
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| 90 | + | as an attorney appearing on behalf of a claimant. Each temporary 60 |
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| 91 | + | deputy shall serve at the pleasure of the Governor, for a term 61 |
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| 92 | + | coterminous with the Governor, or until a successor is appointed and 62 |
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| 93 | + | qualified, whichever is longer, provided no temporary deputy may be 63 |
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| 94 | + | appointed or serve in such position on or after [October 1, 2023] March 64 |
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| 95 | + | 1, 2026. 65 |
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| 96 | + | (2) A temporary deputy shall receive, for each day of service, the 66 |
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| 97 | + | same compensation as paid to a judge trial referee under subdivision (1) 67 |
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| 98 | + | of subsection (f) of section 52-434 for each day of service by such referee. 68 |
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| 99 | + | (3) Each temporary deputy shall have decision-making authority to 69 |
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| 100 | + | issue a final decision to grant or deny permission to sue for each claim 70 |
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| 101 | + | referred to such deputy under the provisions of subsection (b) or (c) of 71 |
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| 102 | + | section 4-160, as amended by this act. 72 |
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| 103 | + | (d) The Claims Commissioner shall appoint a Deputy Claims 73 |
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| 104 | + | Commissioner who shall be an attorney-at-law qualified by training and 74 |
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| 105 | + | experience for the duties of the Office of the Claims Commissioner and 75 |
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| 106 | + | shall, in the absence, disability or disqualification of the Claims 76 |
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| 107 | + | Commissioner, perform all the functions and have all the powers and 77 |
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| 108 | + | duties of said office and such other duties as may be prescribed. The 78 |
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| 109 | + | position of Deputy Claims Commissioner shall be exempt from the 79 |
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| 110 | + | classified service. The Deputy Claims Commissioner shall serve until a 80 |
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| 111 | + | successor is appointed by the Claims Commissioner. The term of the 81 |
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| 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 |
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135 | | - | may include limitations on the types of matters that may be heard and |
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136 | | - | decided by a magistrate and may provide for the issuance of a |
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137 | | - | recommendation by a magistrate concerning the final disposition of a |
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138 | | - | claim that is subject to review and approval by the Claims |
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139 | | - | Commissioner.] |
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140 | | - | Sec. 4. Section 4-151 of the general statutes is repealed and the |
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141 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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142 | | - | (a) Claims shall be [heard] considered as soon as practicable after they |
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143 | | - | are filed. The following claims shall be privileged with respect to |
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144 | | - | assignment for hearing: (1) Claims by persons who are sixty-five years |
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145 | | - | or older or who reach such age during the pendency of the claim, (2) |
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146 | | - | claims by persons who are terminally ill, as defined in section 52-191c, |
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147 | | - | and (3) claims by executors or administrators of estates. Hearings may |
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148 | | - | be held at the Office of the Claims Commissioner, at any available |
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149 | | - | hearing facility in the State Capitol or Legislative Office Building, upon |
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150 | | - | request at any courthouse serving a judicial district or geographical area |
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151 | | - | or city or town hall in the state or at such other suitable place as the |
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152 | | - | Claims Commissioner, the Deputy Claims Commissioner or a |
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153 | | - | [magistrate] temporary deputy finds is convenient and just to the |
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154 | | - | claimant and to the Attorney General. |
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155 | | - | (b) The Claims Commissioner, the Deputy Claims Commissioner or |
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156 | | - | a [magistrate] temporary deputy may call witnesses, examine and cross- |
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157 | | - | examine any witness, require information not offered by the claimant or |
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158 | | - | the Attorney General and stipulate matters to be argued. The Claims |
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159 | | - | Commissioner, the Deputy Claims Commissioner or a [magistrate] |
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160 | | - | temporary deputy shall not be bound by any law or rule of evidence, |
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161 | | - | except the rules prescribed by the Claims Commissioner pursuant to |
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162 | | - | section 4-157. |
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163 | | - | (c) The Claims Commissioner, the Deputy Claims Commissioner or a Substitute House Bill No. 6876 |
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| 115 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06876- |
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| 116 | + | R02-HB.docx } |
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| 117 | + | 4 of 17 |
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165 | | - | Public Act No. 23-131 6 of 21 |
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| 119 | + | Claims Commissioner, instead the Deputy Claims Commissioner may 83 |
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| 120 | + | be replaced upon the appointment of a new Claims Commissioner in 84 |
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| 121 | + | accordance with the provisions of subdivision (1) of subsection (a) of 85 |
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| 122 | + | this section. 86 |
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| 123 | + | Sec. 3. Section 4-142b of the general statutes is repealed and the 87 |
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| 124 | + | following is substituted in lieu thereof (Effective October 1, 2023): 88 |
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| 125 | + | The Office of the Claims Commissioner shall maintain a permanent 89 |
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| 126 | + | office in Hartford County in such suitable space as the Commissioner of 90 |
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| 127 | + | Administrative Services provides. All papers required to be filed with 91 |
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| 128 | + | the Office of the Claims Commissioner shall be delivered to such office. 92 |
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| 129 | + | The Claims Commissioner may [designate one or more magistrates who 93 |
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| 130 | + | shall be available to the Office of the Claims Commissioner] assign a 94 |
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| 131 | + | temporary deputy to hear a claim and issue a decision concerning the 95 |
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| 132 | + | final disposition of a claim against the state, or make recommendations 96 |
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| 133 | + | to the Claims Commissioner or Deputy Claims Commissioner 97 |
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| 134 | + | concerning the final disposition of a claim as provided for in this 98 |
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| 135 | + | chapter. [The Claims Commissioner may appoint any magistrate who is 99 |
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| 136 | + | on the list of available magistrates maintained by the Chief Court 100 |
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| 137 | + | Administrator. A magistrate appointed by the Claims Commissioner 101 |
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| 138 | + | may review, hear and decide a claim, or make a recommendation to the 102 |
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| 139 | + | Claims Commissioner concerning the final disposition of a claim. The 103 |
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| 140 | + | Claims Commissioner shall establish such rules as he or she deems 104 |
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| 141 | + | necessary to provide for the appointment of a magistrate to hear and 105 |
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| 142 | + | decide matters pursuant to the provisions of this chapter. Such rules 106 |
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| 143 | + | may include limitations on the types of matters that may be heard and 107 |
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| 144 | + | decided by a magistrate and may provide for the issuance of a 108 |
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| 145 | + | recommendation by a magistrate concerning the final disposition of a 109 |
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| 146 | + | claim that is subject to review and approval by the Claims 110 |
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| 147 | + | Commissioner.] No decision made by a temporary deputy shall have 111 |
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| 148 | + | the force and effect of a ruling of the Claims Commissioner or Deputy 112 |
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| 149 | + | Claims Commissioner without written approval by the Claims 113 |
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| 150 | + | Commissioner or Deputy Claims Commissioner. The Claims 114 |
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| 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 |
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168 | | - | to be taken, issue subpoenas and order inspection and disclosure of |
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169 | | - | books, papers, records and documents. Upon good cause shown, any |
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170 | | - | such order or subpoena may be quashed by the Claims Commissioner, |
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171 | | - | the Deputy Claims Commissioner or a [magistrate] temporary deputy. |
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172 | | - | (d) If any person fails to respond to a subpoena, the Claims |
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173 | | - | Commissioner, the Deputy Claims Commissioner or a [magistrate] |
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174 | | - | temporary deputy may issue a capias, directed to a state marshal to |
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175 | | - | arrest such person and bring such person before the Claims |
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176 | | - | Commissioner, the Deputy Claims Commissioner or a [magistrate] |
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177 | | - | temporary deputy to testify. |
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178 | | - | (e) If any person refuses to testify or to produce any relevant, |
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179 | | - | unprivileged book, paper, record or document, the Claims |
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180 | | - | Commissioner, the Deputy Claims Commissioner or a [magistrate] |
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181 | | - | temporary deputy shall certify such fact to the Attorney General, who |
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182 | | - | shall apply to the superior court for the judicial district in which such |
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183 | | - | person resides for an order compelling compliance. Further refusal of |
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184 | | - | such person shall be punished as provided by section 2-46. If such |
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185 | | - | person is the claimant, the Claims Commissioner, the Deputy Claims |
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186 | | - | Commissioner or a temporary deputy shall summarily dismiss the claim |
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187 | | - | and order it forfeited to the state. |
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188 | | - | (f) When subpoenaed by the Claims Commissioner, the Deputy |
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189 | | - | Claims Commissioner or a [magistrate, witnesses] temporary deputy, a |
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190 | | - | witness shall be offered the fees and mileage allowances authorized by |
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191 | | - | section 52-260, provided no such fee or allowance shall be paid to any |
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192 | | - | state officer or employee who appears on behalf of the state. |
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193 | | - | Sec. 5. Section 4-151a of the general statutes is repealed and the |
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194 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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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 |
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200 | | - | deputy, or at the request of the claimant or the representative for the |
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201 | | - | state, which representative may in appropriate cases be the Attorney |
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202 | | - | General, the Claims Commissioner, the Deputy Claims Commissioner |
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203 | | - | or a [magistrate] temporary deputy may waive the hearing of any claim |
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204 | | - | for ten thousand dollars or less and proceed upon affidavits filed by the |
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205 | | - | claimant and the state agency concerned. |
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206 | | - | Sec. 6. Section 4-152 of the general statutes is repealed and the |
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207 | | - | following is substituted in lieu thereof (Effective July 1, 2023): |
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208 | | - | If in the course of any proceeding any person is guilty of misbehavior |
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209 | | - | which obstructs such proceeding, [he or she] such person may be |
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210 | | - | excluded from further participation [therein] in such hearing. If the |
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211 | | - | miscreant is the claimant or [his or her] the claimant's attorney, the |
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212 | | - | Claims Commissioner, the Deputy Claims Commissioner or a |
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213 | | - | [magistrate] temporary deputy may summarily terminate the |
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214 | | - | proceeding, and the Claims Commissioner, Deputy Claims |
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215 | | - | Commissioner or temporary deputy may dismiss the claim and order it |
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216 | | - | forfeited to the state. |
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217 | | - | Sec. 7. Subsection (a) of section 4-154 of the general statutes is |
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218 | | - | repealed and the following is substituted in lieu thereof (Effective July 1, |
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219 | | - | 2023): |
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220 | | - | (a) Not later than ninety days after hearing a claim, the Claims |
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221 | | - | Commissioner, the Deputy Claims Commissioner or a temporary |
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222 | | - | deputy shall render a decision as provided in subsection (a) of section |
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223 | | - | 4-158, as amended by this act. The Claims Commissioner, the Deputy |
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224 | | - | Claims Commissioner or [the magistrate] a temporary deputy shall |
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225 | | - | make a finding of fact for each claim and file such finding with the order, |
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226 | | - | recommendation or authorization disposing of the claim. The Office of |
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227 | | - | the Claims Commissioner shall [deliver] provide a copy of such finding |
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228 | | - | and order, recommendation or authorization to the claimant and to the Substitute House Bill No. 6876 |
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| 158 | + | necessary to provide for the appointment of a temporary deputy to hear 116 |
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| 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 |
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| 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 |
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| 165 | + | The following claims shall be privileged with respect to assignment for 123 |
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| 166 | + | hearing: (1) Claims by persons who are sixty-five years or older or who 124 |
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| 167 | + | reach such age during the pendency of the claim, (2) claims by persons 125 |
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| 168 | + | who are terminally ill, as defined in section 52-191c, and (3) claims by 126 |
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| 169 | + | executors or administrators of estates. Hearings may be held at the 127 |
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| 170 | + | Office of the Claims Commissioner, at any available hearing facility in 128 |
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| 171 | + | the State Capitol or Legislative Office Building, upon request at any 129 |
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| 172 | + | courthouse serving a judicial district or geographical area or city or 130 |
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| 173 | + | town hall in the state or at such other suitable place as the Claims 131 |
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| 174 | + | Commissioner, the Deputy Claims Commissioner or a [magistrate] 132 |
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| 175 | + | temporary deputy finds is convenient and just to the claimant and to the 133 |
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| 176 | + | Attorney General. 134 |
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| 177 | + | (b) The Claims Commissioner, the Deputy Claims Commissioner or 135 |
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| 178 | + | a [magistrate] temporary deputy may call witnesses, examine and cross-136 |
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| 179 | + | examine any witness, require information not offered by the claimant or 137 |
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| 180 | + | the Attorney General and stipulate matters to be argued. The Claims 138 |
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| 181 | + | Commissioner, the Deputy Claims Commissioner or a [magistrate] 139 |
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| 182 | + | temporary deputy shall not be bound by any law or rule of evidence, 140 |
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| 183 | + | except the rules prescribed by the Claims Commissioner pursuant to 141 |
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| 184 | + | section 4-157. 142 |
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| 185 | + | (c) The Claims Commissioner, the Deputy Claims Commissioner or a 143 |
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| 186 | + | [magistrate] temporary deputy may administer oaths, cause depositions 144 |
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| 187 | + | to be taken, issue subpoenas and order inspection and disclosure of 145 |
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| 188 | + | books, papers, records and documents. Upon good cause shown, any 146 |
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| 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 |
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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 |
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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 |
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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, |
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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 |
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252 | | - | subsection (a) of this section. A person who has filed a claim that has |
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253 | | - | been denied or dismissed by a temporary deputy pursuant to subsection |
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254 | | - | (d) of section 4-160, as amended by this act, may request the General |
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255 | | - | Assembly to review such denial or dismissal. A request for review shall |
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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 |
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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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| 192 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06876- |
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| 193 | + | R02-HB.docx } |
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| 194 | + | 6 of 17 |
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263 | | - | Public Act No. 23-131 9 of 21 |
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| 196 | + | the Deputy Claims Commissioner or a [magistrate] temporary deputy. 148 |
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| 197 | + | (d) If any person fails to respond to a subpoena, the Claims 149 |
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| 198 | + | Commissioner, the Deputy Claims Commissioner or a [magistrate] 150 |
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| 199 | + | temporary deputy may issue a capias, directed to a state marshal to 151 |
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| 200 | + | arrest such person and bring such person before the Claims 152 |
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| 201 | + | Commissioner, the Deputy Claims Commissioner or a [magistrate] 153 |
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| 202 | + | temporary deputy to testify. 154 |
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| 203 | + | (e) If any person refuses to testify or to produce any relevant, 155 |
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| 204 | + | unprivileged book, paper, record or document, the Claims 156 |
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| 205 | + | Commissioner, the Deputy Claims Commissioner or a [magistrate] 157 |
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| 206 | + | temporary deputy shall certify such fact to the Attorney General, who 158 |
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| 207 | + | shall apply to the superior court for the judicial district in which such 159 |
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| 208 | + | person resides for an order compelling compliance. Further refusal of 160 |
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| 209 | + | such person shall be punished as provided by section 2-46. If such 161 |
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| 210 | + | person is the claimant, the Claims Commissioner, the Deputy Claims 162 |
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| 211 | + | Commissioner or a temporary deputy shall summarily dismiss the claim 163 |
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| 212 | + | and order it forfeited to the state. 164 |
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| 213 | + | (f) When subpoenaed by the Claims Commissioner, the Deputy 165 |
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| 214 | + | Claims Commissioner or a [magistrate, witnesses] temporary deputy, a 166 |
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| 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 |
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| 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 |
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| 225 | + | or a [magistrate] temporary deputy may waive the hearing of any claim 177 |
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| 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 |
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269 | | - | Claims Commissioner shall submit to the General Assembly (1) all |
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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 |
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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 |
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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. |
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279 | | - | (b) The General Assembly shall: |
---|
280 | | - | (1) With respect to a decision of the Claims Commissioner, the |
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281 | | - | Deputy Claims Commissioner or a temporary deputy ordering the |
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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: |
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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 |
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289 | | - | state; |
---|
290 | | - | (2) With respect to a decision of the Claims Commissioner ordering |
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291 | | - | the immediate payment of a just claim in an amount not exceeding |
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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 |
---|
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 |
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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 |
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| 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 |
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| 239 | + | miscreant is the claimant or [his or her] the claimant's attorney, the 185 |
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| 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 |
---|
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 |
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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 |
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353 | | - | attesting to the validity of a claim. Such affidavit shall be signed, |
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354 | | - | notarized and filed by both the attorney and claimant or a pro se |
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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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| 266 | + | LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06876- |
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| 267 | + | R02-HB.docx } |
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| 268 | + | 8 of 17 |
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358 | | - | Public Act No. 23-131 12 of 21 |
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| 270 | + | (2) order immediate payment of a just claim in an amount not exceeding 210 |
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| 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 |
---|
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 |
---|
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 |
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| 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 |
---|
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, |
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447 | | - | regardless of whether such claim was filed before, on or after October 1, |
---|
448 | | - | 2019. |
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449 | | - | (g) After completion of discovery in a suit filed in the Superior Court |
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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 |
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456 | | - | initiative, shall impose upon the attorney and claimant or pro se |
---|
457 | | - | claimant who signed such affidavit an appropriate sanction, which may |
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458 | | - | include an order to pay to the state the reasonable expenses incurred by Substitute House Bill No. 6876 |
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| 341 | + | 10 of 17 |
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460 | | - | Public Act No. 23-131 15 of 21 |
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| 343 | + | amended by this act: 271 |
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| 344 | + | (A) Accept the recommendation and order payment of the specified 272 |
---|
| 345 | + | amount; 273 |
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| 346 | + | (B) Modify the recommendation by ordering that a different amount 274 |
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| 347 | + | be paid; or 275 |
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| 348 | + | (C) Reject the recommendation and, in lieu thereof, (i) order no 276 |
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| 349 | + | payment be made, or (ii) authorize the claimant to sue the state; or 277 |
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| 350 | + | (4) With respect to a decision of the Claims Commissioner, the 278 |
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| 351 | + | Deputy Claims Commissioner or a temporary deputy pursuant to 279 |
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| 352 | + | subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended 280 |
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| 353 | + | by this act, or a decision of a temporary deputy pursuant to subsection 281 |
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| 354 | + | (d) of section 4-160, as amended by this act, remand the claim to the 282 |
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| 355 | + | Office of the Claims Commissioner for such further proceedings as the 283 |
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| 356 | + | General Assembly may direct. 284 |
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| 357 | + | (c) The General Assembly may grant the claimant permission to sue 285 |
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| 358 | + | the state under the provisions of this section when the General 286 |
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| 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 |
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| 361 | + | could be liable. 289 |
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| 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 |
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| 368 | + | the Office of the Claims Commissioner under this section shall be 296 |
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| 369 | + | conducted in accordance with such procedures as the General Assembly 297 |
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| 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. |
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490 | | - | (j) Civil process directed against the state shall be served as provided |
---|
491 | | - | by section 52-64. Substitute House Bill No. 6876 |
---|
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 |
---|
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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| 415 | + | 12 of 17 |
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559 | | - | Public Act No. 23-131 18 of 21 |
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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 |
---|
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 |
---|
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 |
---|
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 |
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648 | | - | Commissioner not later than one year after the date on which the inmate |
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649 | | - | exhausted all administrative remedies. |
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650 | | - | [(c) The Claims Commissioner may not grant a waiver of the filing |
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651 | | - | fee prescribed in section 4-147 to an inmate when, on three or more prior |
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652 | | - | occasions, the inmate filed with the Office of the Claims Commissioner |
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653 | | - | a claim that was dismissed on grounds that it was frivolous, duplicative, |
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654 | | - | malicious or otherwise failed to state a claim upon which relief could be |
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655 | | - | granted.] |
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656 | | - | Sec. 15. Section 4-159a of the general statutes is repealed and the |
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657 | | - | following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6876 |
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659 | | - | Public Act No. 23-131 21 of 21 |
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| 495 | + | regardless of whether such claim was filed before, on or after October 1, 399 |
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| 496 | + | 2019. 400 |
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| 497 | + | (g) After completion of discovery in a suit filed in the Superior Court 401 |
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| 498 | + | after receiving permission to sue the state on the basis of an affidavit 402 |
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| 499 | + | attesting to the validity of a claim filed in accordance with subsection (a) 403 |
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| 500 | + | of this section, if the court determines that such affidavit was not made 404 |
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| 501 | + | in good faith, that no justiciable issue was presented against the state 405 |
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| 502 | + | and that the state cooperated in good faith with the claimant by 406 |
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| 503 | + | providing informal discovery, the court, upon motion or on its own 407 |
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| 504 | + | initiative, shall impose upon the attorney and claimant or pro se 408 |
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| 505 | + | claimant who signed such affidavit an appropriate sanction, which may 409 |
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| 506 | + | include an order to pay to the state the reasonable expenses incurred by 410 |
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| 507 | + | the state because of the filing of the suit. The court may also submit the 411 |
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| 508 | + | matter to the appropriate authority for disciplinary review of any 412 |
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| 509 | + | attorney who submitted the affidavit. 413 |
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| 510 | + | (h) In each action authorized by the Claims Commissioner or a 414 |
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| 511 | + | temporary deputy, or any action where permission to sue the state has 415 |
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| 512 | + | been deemed to have been granted by the Claims Commissioner, 416 |
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| 513 | + | pursuant to subsections (a) to (f), inclusive, of this section or by the 417 |
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| 514 | + | General Assembly pursuant to section 4-159, as amended by this act, or 418 |
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| 515 | + | 4-159a, the claimant shall allege such authorization or permission and 419 |
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| 516 | + | the date on which it was granted, except that evidence of such 420 |
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| 517 | + | authorization or permission shall not be admissible in such action as 421 |
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| 518 | + | evidence of the state's liability. Except as provided in subsection (d) of 422 |
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| 519 | + | this section, (1) the state waives its immunity from liability and from suit 423 |
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| 520 | + | in each such action and waives all defenses which might arise from the 424 |
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| 521 | + | eleemosynary or governmental nature of the activity complained of, and 425 |
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| 522 | + | (2) the rights and liability of the state in each such action shall be 426 |
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| 523 | + | coextensive with and shall equal the rights and liability of private 427 |
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| 524 | + | persons in like circumstances. 428 |
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| 525 | + | (i) No such action shall be brought but within one year from the date 429 |
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| 526 | + | such authorization becomes effective or permission to sue is granted, 430 |
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| 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 |
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662 | | - | session, the Claims Commissioner shall report to the General Assembly |
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663 | | - | on all claims that have been filed with the Office of the Claims |
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664 | | - | Commissioner pursuant to section 4-147, as amended by this act, and |
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665 | | - | have not been disposed of by the Office of the Claims Commissioner |
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666 | | - | within two years of the date of filing or within any extension thereof |
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667 | | - | granted by the General Assembly pursuant to subsection (c) of this |
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668 | | - | section, except claims in which the parties have [stipulated] not objected |
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669 | | - | within thirty days to an extension of time sought by the Office of the |
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670 | | - | Claims Commissioner for [the Office of the Claims Commissioner] said |
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671 | | - | office to dispose of the claim. (2) The report submitted by the Claims |
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672 | | - | Commissioner pursuant to subdivision (1) of this subsection shall |
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673 | | - | minimally include (A) an explanation as to why the claim has not been |
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674 | | - | disposed of, and (B) the date by which a decision will be rendered on |
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675 | | - | the claim in the event the General Assembly were to grant the Office of |
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676 | | - | the Claims Commissioner an extension of time to dispose of the claim. |
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677 | | - | (b) The Office of the Claims Commissioner shall give notice to all |
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678 | | - | claimants whose claims are the subject of a report as provided in |
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679 | | - | subsection (a) of this section that their claims will be considered at the |
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680 | | - | next regular session of the General Assembly pursuant to subsection (c) |
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681 | | - | of this section. |
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682 | | - | (c) With respect to any claim that is the subject of a report as provided |
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683 | | - | in subsection (a) of this section, the General Assembly may (1) grant the |
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684 | | - | Office of the Claims Commissioner an extension for a period specified |
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685 | | - | by the General Assembly to dispose of such claim, (2) grant the claimant |
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686 | | - | permission to sue the state, (3) grant an award to the claimant, or (4) |
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687 | | - | deny the claim. |
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| 533 | + | |
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| 534 | + | of the Claims Commissioner for which authorization or permission to 432 |
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| 535 | + | sue is granted, any statute of limitation applicable to such action shall 433 |
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| 536 | + | be tolled until the date such authorization or permission to sue is 434 |
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| 537 | + | granted. The claimant shall bring such action against the state as party 435 |
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| 538 | + | defendant in the judicial district in which the claimant resides or, if the 436 |
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| 539 | + | claimant is not a resident of this state, in the judicial district of Hartford 437 |
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| 540 | + | or in the judicial district in which the claim arose. 438 |
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| 541 | + | (j) Civil process directed against the state shall be served as provided 439 |
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| 542 | + | by section 52-64. 440 |
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| 543 | + | (k) Issues arising in such actions shall be tried to the court without a 441 |
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| 544 | + | jury. 442 |
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| 545 | + | (l) The laws and rules of practice governing disclosures in civil 443 |
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| 546 | + | actions shall apply against state agencies and state officers and 444 |
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| 547 | + | employees possessing books, papers, records, documents or 445 |
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| 548 | + | information pertinent to the issues involved in any such action. 446 |
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| 549 | + | (m) The Attorney General, with the consent of the court, may 447 |
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| 550 | + | compromise or settle any such action. The terms of every such 448 |
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| 551 | + | compromise or settlement shall be expressed in a judgment of the court. 449 |
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| 552 | + | (n) Costs may be allowed against the state as the court deems just, 450 |
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| 553 | + | consistent with the provisions of chapter 901. 451 |
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| 554 | + | (o) The clerk of the court in which judgment is entered against the 452 |
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| 555 | + | state shall forward a certified copy of such judgment to the Comptroller. 453 |
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| 556 | + | The Attorney General shall certify to the Comptroller when the time 454 |
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| 557 | + | allowed by law for proceeding subsequent to final judgment has expired 455 |
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| 558 | + | and the Attorney General shall designate the state agency involved in 456 |
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| 559 | + | the action. Upon receipt of such judgment and certification the 457 |
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| 560 | + | Comptroller shall make payment as follows: Amounts directed by law 458 |
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| 561 | + | to be paid from a special fund shall be paid from such special fund; 459 |
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| 562 | + | amounts awarded upon contractual claims for goods or services 460 |
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| 563 | + | furnished or for property leased shall be paid from the appropriation of 461 |
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| 564 | + | the agency which received such goods or services or occupied such 462 Substitute Bill No. 6876 |
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| 565 | + | |
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| 570 | + | |
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| 571 | + | property; all other amounts shall be paid from such appropriation as the 463 |
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| 572 | + | General Assembly may have made for the payment of claims. 464 |
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| 573 | + | (p) Not later than five days after the convening of each regular 465 |
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| 574 | + | session, the Attorney General shall report to the joint standing 466 |
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| 575 | + | committee of the General Assembly having cognizance of matters 467 |
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| 576 | + | relating to the judiciary on the status and disposition of all actions 468 |
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| 577 | + | authorized pursuant to this section or section 4-159, as amended by this 469 |
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| 578 | + | act, or brought against the state under any other provision of law and in 470 |
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| 579 | + | which the interests of the state are represented by the Attorney General. 471 |
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| 580 | + | The report shall include: (1) The number of such actions pending in state 472 |
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| 581 | + | and federal court, categorized by the alleged ground for the action, (2) 473 |
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| 582 | + | the number of new actions brought in the preceding year in state and 474 |
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| 583 | + | federal court, categorized by the alleged ground for the action, (3) the 475 |
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| 584 | + | number of actions disposed of in the preceding year, categorized by the 476 |
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| 585 | + | ground for the action that was disposed of and whether the action was 477 |
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| 586 | + | disposed of by settlement or litigation to final judgment, and the amount 478 |
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| 587 | + | paid for actions within the respective categories, and (4) such other 479 |
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| 588 | + | information as may be requested, from time to time, by the joint 480 |
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| 589 | + | standing committee of the General Assembly having cognizance of 481 |
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| 590 | + | matters relating to the judiciary. The report shall identify each action 482 |
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| 591 | + | disposed of by payment of an amount exceeding one hundred thousand 483 |
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| 592 | + | dollars. 484 |
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| 593 | + | This act shall take effect as follows and shall amend the following |
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| 594 | + | sections: |
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| 595 | + | |
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| 596 | + | Section 1 October 1, 2023 4-142 |
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| 597 | + | Sec. 2 October 1, 2023 4-142a |
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| 598 | + | Sec. 3 October 1, 2023 4-142b |
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| 599 | + | Sec. 4 October 1, 2023 4-151 |
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| 600 | + | Sec. 5 October 1, 2023 4-151a |
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| 601 | + | Sec. 6 October 1, 2023 4-152 |
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| 602 | + | Sec. 7 October 1, 2023 4-154(a) |
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| 603 | + | Sec. 8 October 1, 2023 4-158(a) and (b) |
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| 604 | + | Sec. 9 October 1, 2023 4-159 |
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| 605 | + | Sec. 10 October 1, 2023 4-160 Substitute Bill No. 6876 |
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| 606 | + | |
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| 607 | + | |
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| 611 | + | |
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| 612 | + | |
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| 613 | + | |
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| 614 | + | JUD Joint Favorable Subst. |
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| 615 | + | APP Joint Favorable |
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