Substitute House Bill No. 6876
Public Act No. 23-131
AN ACT CONCERNING THE ADMINISTRATION OF THE OFFICE OF
THE CLAIMS COMMISSIONER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 4-142 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) There shall be an Office of the Claims Commissioner which shall
hear and determine all claims against the state except: (1) Claims for the
periodic payment of disability, pension, retirement or other
employment benefits; (2) claims upon which suit otherwise is
authorized by law including suits to recover similar relief arising from
the same set of facts; (3) claims for which an administrative hearing
procedure otherwise is established by law; (4) requests by political
subdivisions of the state for the payment of grants in lieu of taxes; and
(5) claims for the refund of taxes.
(b) The Office of the Claims Commissioner shall consist of the Claims
Commissioner, and, within available appropriations, the Deputy
Claims Commissioner, not more than six temporary deputies and such
administrative staff as may be provided by the Department of
Administrative Services. The Claims Commissioner, the Deputy Claims
Commissioner, or a temporary deputy [or a magistrate] assigned to Substitute House Bill No. 6876
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assist the Claims Commissioner pursuant to section 4-142b, as amended
by this act, shall hear and determine all claims against the state, except
as otherwise provided in subsection (a) of this section. Such claims shall
be heard and determined in accordance with the rules prescribed by the
Claims Commissioner pursuant to section 4-157, except as may be
provided in section 4-160, as amended by this act.
Sec. 2. Section 4-142a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) (1) The Claims Commissioner shall be [appointed] nominated by
the Governor with the advice and consent of the General Assembly to
serve for a term of four years from the first day in July [in] of the year of
[his or her] such appointment and until [his or her] a successor has been
appointed and has qualified. [The Claims Commissioner shall be an
attorney-at-law and shall have been admitted to practice before the
courts of the state of Connecticut for at least five years prior to his or her
appointment. The Claims Commissioner serving on June 28, 2021, may
continue to serve until the expiration of his or her term. On and after
June 28, 2021, each] Each nomination for appointment as Claims
Commissioner by the Governor shall be referred, without debate, to the
joint standing committee of the General Assembly having cognizance of
matters relating to the judiciary, which shall report on each appointment
not later than thirty days after the date of reference. Each appointment
by the General Assembly of the Claims Commissioner shall be by
concurrent resolution. The Claims Commissioner shall be an attorney-
at-law and shall have been admitted to practice before the courts of the
state of Connecticut for at least five years prior to such appointment.
(2) The Claims Commissioner shall receive such compensation as is
fixed under the provisions of section 4-40. The Claims Commissioner
may enter into such contractual agreements, in accordance with
established procedures, as may be necessary for the discharge of [his or
her] the commissioner's duties. Subject to the provisions of section 4-32, Substitute House Bill No. 6876
Public Act No. 23-131 3 of 21
and unless otherwise provided by law, the Claims Commissioner is
authorized to receive any money, revenue or services from the federal
government, corporations, associations or individuals, including
payments from the sale of printed matter or any other materials or
services.
(b) The Office of the Claims Commissioner shall be within the
Department of Administrative Services, provided the office shall have
independent decision-making authority.
(c) (1) The Governor [shall] may, within available appropriations,
appoint not more than six temporary deputies to serve in the Office of
the Claims Commissioner. A temporary deputy shall be an attorney-at-
law who has experience practicing law before the courts of the state of
Connecticut and has trial experience. A temporary deputy may not be
an employee of the office of the Attorney General or have a claim
pending before the Claims Commissioner, either as a claimant or as an
attorney appearing on behalf of a claimant. Each temporary deputy shall
serve at the pleasure of the Governor, for a term coterminous with the
Governor, or until a successor is appointed and qualified, whichever is
longer, provided no temporary deputy may be appointed or serve in
such position on or after [October 1, 2023] March 1, 2026.
(2) A temporary deputy shall receive, for each day of service, the
same compensation as paid to a judge trial referee under subdivision (1)
of subsection (f) of section 52-434 for each day of service by such referee.
(3) Each temporary deputy shall have decision-making authority to
issue a final decision to grant or deny permission to sue for each claim
referred to such deputy under the provisions of subsection (b) or (c) of
section 4-160, as amended by this act.
(d) The Claims Commissioner shall, within available appropriations,
appoint a Deputy Claims Commissioner who shall be an attorney-at- Substitute House Bill No. 6876
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law qualified by training and experience for the duties of the Office of
the Claims Commissioner and shall, in the absence, disability or
disqualification of the Claims Commissioner, perform all the functions
and have all the powers and duties of said office and such other duties
as may be prescribed. The position of Deputy Claims Commissioner
shall be exempt from the classified service. The Deputy Claims
Commissioner shall serve until a successor is appointed by the Claims
Commissioner. The term of the Deputy Claims Commissioner shall not
be coterminous with that of the Claims Commissioner, instead the
Deputy Claims Commissioner may be replaced upon the appointment
of a new Claims Commissioner in accordance with the provisions of
subdivision (1) of subsection (a) of this section.
Sec. 3. Section 4-142b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
The Office of the Claims Commissioner shall maintain a permanent
office in Hartford County in such suitable space as the Commissioner of
Administrative Services provides. All papers required to be filed with
the Office of the Claims Commissioner shall be delivered to such office.
The Claims Commissioner may [designate one or more magistrates who
shall be available to the Office of the Claims Commissioner] assign a
temporary deputy to hear a claim and issue a decision concerning the
final disposition of a claim against the state, or make recommendations
to the Claims Commissioner or Deputy Claims Commissioner
concerning the final disposition of a claim as provided for in this
chapter. [The Claims Commissioner may appoint any magistrate who is
on the list of available magistrates maintained by the Chief Court
Administrator. A magistrate appointed by the Claims Commissioner
may review, hear and decide a claim, or make a recommendation to the
Claims Commissioner concerning the final disposition of a claim. The
Claims Commissioner shall establish such rules as he or she deems
necessary to provide for the appointment of a magistrate to hear and Substitute House Bill No. 6876
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decide matters pursuant to the provisions of this chapter. Such rules
may include limitations on the types of matters that may be heard and
decided by a magistrate and may provide for the issuance of a
recommendation by a magistrate concerning the final disposition of a
claim that is subject to review and approval by the Claims
Commissioner.]
Sec. 4. Section 4-151 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) Claims shall be [heard] considered as soon as practicable after they
are filed. The following claims shall be privileged with respect to
assignment for hearing: (1) Claims by persons who are sixty-five years
or older or who reach such age during the pendency of the claim, (2)
claims by persons who are terminally ill, as defined in section 52-191c,
and (3) claims by executors or administrators of estates. Hearings may
be held at the Office of the Claims Commissioner, at any available
hearing facility in the State Capitol or Legislative Office Building, upon
request at any courthouse serving a judicial district or geographical area
or city or town hall in the state or at such other suitable place as the
Claims Commissioner, the Deputy Claims Commissioner or a
[magistrate] temporary deputy finds is convenient and just to the
claimant and to the Attorney General.
(b) The Claims Commissioner, the Deputy Claims Commissioner or
a [magistrate] temporary deputy may call witnesses, examine and cross-
examine any witness, require information not offered by the claimant or
the Attorney General and stipulate matters to be argued. The Claims
Commissioner, the Deputy Claims Commissioner or a [magistrate]
temporary deputy shall not be bound by any law or rule of evidence,
except the rules prescribed by the Claims Commissioner pursuant to
section 4-157.
(c) The Claims Commissioner, the Deputy Claims Commissioner or a Substitute House Bill No. 6876
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[magistrate] temporary deputy may administer oaths, cause depositions
to be taken, issue subpoenas and order inspection and disclosure of
books, papers, records and documents. Upon good cause shown, any
such order or subpoena may be quashed by the Claims Commissioner,
the Deputy Claims Commissioner or a [magistrate] temporary deputy.
(d) If any person fails to respond to a subpoena, the Claims
Commissioner, the Deputy Claims Commissioner or a [magistrate]
temporary deputy may issue a capias, directed to a state marshal to
arrest such person and bring such person before the Claims
Commissioner, the Deputy Claims Commissioner or a [magistrate]
temporary deputy to testify.
(e) If any person refuses to testify or to produce any relevant,
unprivileged book, paper, record or document, the Claims
Commissioner, the Deputy Claims Commissioner or a [magistrate]
temporary deputy shall certify such fact to the Attorney General, who
shall apply to the superior court for the judicial district in which such
person resides for an order compelling compliance. Further refusal of
such person shall be punished as provided by section 2-46. If such
person is the claimant, the Claims Commissioner, the Deputy Claims
Commissioner or a temporary deputy shall summarily dismiss the claim
and order it forfeited to the state.
(f) When subpoenaed by the Claims Commissioner, the Deputy
Claims Commissioner or a [magistrate, witnesses] temporary deputy, a
witness shall be offered the fees and mileage allowances authorized by
section 52-260, provided no such fee or allowance shall be paid to any
state officer or employee who appears on behalf of the state.
Sec. 5. Section 4-151a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
[On his or her own motion] Upon the motion of the Claims Substitute House Bill No. 6876
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Commissioner, the Deputy Claims Commissioner, or a temporary
deputy, or at the request of the claimant or the representative for the
state, which representative may in appropriate cases be the Attorney
General, the Claims Commissioner, the Deputy Claims Commissioner
or a [magistrate] temporary deputy may waive the hearing of any claim
for ten thousand dollars or less and proceed upon affidavits filed by the
claimant and the state agency concerned.
Sec. 6. Section 4-152 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
If in the course of any proceeding any person is guilty of misbehavior
which obstructs such proceeding, [he or she] such person may be
excluded from further participation [therein] in such hearing. If the
miscreant is the claimant or [his or her] the claimant's attorney, the
Claims Commissioner, the Deputy Claims Commissioner or a
[magistrate] temporary deputy may summarily terminate the
proceeding, and the Claims Commissioner, Deputy Claims
Commissioner or temporary deputy may dismiss the claim and order it
forfeited to the state.
Sec. 7. Subsection (a) of section 4-154 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective July 1,
2023):
(a) Not later than ninety days after hearing a claim, the Claims
Commissioner, the Deputy Claims Commissioner or a temporary
deputy shall render a decision as provided in subsection (a) of section
4-158, as amended by this act. The Claims Commissioner, the Deputy
Claims Commissioner or [the magistrate] a temporary deputy shall
make a finding of fact for each claim and file such finding with the order,
recommendation or authorization disposing of the claim. The Office of
the Claims Commissioner shall [deliver] provide a copy of such finding
and order, recommendation or authorization to the claimant and to the Substitute House Bill No. 6876
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representative for the state, which representative may in appropriate
cases be the Attorney General.
Sec. 8. Subsections (a) and (b) of section 4-158 of the general statutes
are repealed and the following is substituted in lieu thereof (Effective July
1, 2023):
(a) The Claims Commissioner, the Deputy Claims Commissioner or
a temporary deputy may (1) order that a claim be denied or dismissed,
(2) order immediate payment of a just claim in an amount not exceeding
thirty-five thousand dollars, (3) recommend to the General Assembly
payment of a just claim in an amount exceeding thirty-five thousand
dollars, or (4) authorize a claimant to sue the state, as provided in section
4-160, as amended by this act.
(b) Any person who has filed a claim [for more than fifty thousand
dollars] may request the General Assembly to review a decision of the
Claims Commissioner, the Deputy Claims Commissioner or a
temporary deputy (1) ordering the denial or dismissal of the claim
pursuant to subdivision (1) of subsection (a) of this section, including
denying or dismissing a claim that requests permission to sue the state,
or (2) ordering immediate payment of a just claim in an amount not
exceeding thirty-five thousand dollars pursuant to subdivision (2) of
subsection (a) of this section. A person who has filed a claim that has
been denied or dismissed by a temporary deputy pursuant to subsection
(d) of section 4-160, as amended by this act, may request the General
Assembly to review such denial or dismissal. A request for review shall
be in writing and filed with the Office of the Claims Commissioner not
later than twenty days after the date the person requesting such review
receives a copy of the decision. The filing of a request for review shall
automatically stay the decision of the Claims Commissioner or
temporary deputy.
Sec. 9. Section 4-159 of the general statutes is repealed and the Substitute House Bill No. 6876
Public Act No. 23-131 9 of 21
following is substituted in lieu thereof (Effective July 1, 2023):
(a) Not later than five days after the convening of each regular session
and at such other times as the speaker of the House of Representatives
and president pro tempore of the Senate may desire, the Office of the
Claims Commissioner shall submit to the General Assembly (1) all
claims for which the Claims Commissioner, the Deputy Commissioner
or a [magistrate] temporary deputy recommended payment of a just
claim in an amount exceeding thirty-five thousand dollars pursuant to
subdivision (3) of subsection (a) of section 4-158, as amended by this act,
and (2) all claims for which a request for review has been filed pursuant
to subsection (b) of section 4-158, as amended by this act, together with
a copy of the Claims Commissioner's, [the magistrate's] Deputy
Commissioner's or [the] temporary deputy's findings and the hearing
record, if any, of each claim so reported.
(b) The General Assembly shall:
(1) With respect to a decision of the Claims Commissioner, the
Deputy Claims Commissioner or a temporary deputy ordering the
denial or dismissal of a claim pursuant to subdivision (1) of subsection
(a) of section 4-158, as amended by this act: or a decision of a temporary
deputy ordering the denial or dismissal of a claim pursuant to
subsection (d) of section 4-160, as amended by this act:
(A) Confirm the decision; or
(B) Vacate the decision and, in lieu thereof, (i) order the payment of
the claim in a specified amount, or (ii) authorize the claimant to sue the
state;
(2) With respect to a decision of the Claims Commissioner ordering
the immediate payment of a just claim in an amount not exceeding
thirty-five thousand dollars pursuant to subdivision (2) of subsection (a)
of section 4-158, as amended by this act: Substitute House Bill No. 6876
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(A) Confirm the decision;
(B) Modify the decision by ordering that a different amount be paid;
or
(C) Vacate the decision and, in lieu thereof, (i) order no payment be
made, or (ii) authorize the claimant to sue the state;
(3) With respect to a decision of the Claims Commissioner, the
Deputy Claims Commissioner or a temporary deputy recommending
payment of a just claim in an amount exceeding thirty-five thousand
dollars pursuant to subdivision (3) of subsection (a) of section 4-158, as
amended by this act:
(A) Accept the recommendation and order payment of the specified
amount;
(B) Modify the recommendation by ordering that a different amount
be paid; or
(C) Reject the recommendation and, in lieu thereof, (i) order no
payment be made, or (ii) authorize the claimant to sue the state; or
(4) With respect to a decision of the Claims Commissioner, the
Deputy Claims Commissioner or a temporary deputy pursuant to
subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended
by this act, or a decision of a temporary deputy pursuant to subsection
(d) of section 4-160, as amended by this act, remand the claim to the
Office of the Claims Commissioner for such further proceedings as the
General Assembly may direct.
(c) The General Assembly may grant the claimant permission to sue
the state under the provisions of this section when the General
Assembly deems it just and equitable and believes the claim to present
an issue of law or fact under which the state, were it a private person, Substitute House Bill No. 6876
Public Act No. 23-131 11 of 21
could be liable.
(d) If the General Assembly orders the payment of a claim, the Office
of the Claims Commissioner shall [deliver to the Comptroller a notice
of] provide a copy of the order to the Comptroller and the Comptroller
shall make payment in the manner prescribed for payment of an order
of the Claims Commissioner pursuant to section 4-158, as amended by
this act.
(e) The review by the General Assembly of claims submitted to it by
the Office of the Claims Commissioner under this section shall be
conducted in accordance with such procedures as the General Assembly
may prescribe.
Sec. 10. Section 4-160 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) Whenever the Claims Commissioner deems it just and equitable,
the Claims Commissioner, the Deputy Claims Commissioner or a
temporary deputy may authorize suit against the state on any claim
which, in the opinion of the Claims Commissioner, presents an issue of
law or fact under which the state, were it a private person, could be
liable. The Claims Commissioner may grant permission to sue for a
claim that exclusively seeks permission to sue the state based solely on
the notice of claim or any supporting evidence submitted pursuant to
section 4-147, as amended by this act, or both, without holding a
hearing, upon the filing by the attorney or pro se claimant of (1) a motion
for approval to assert a claim without a hearing, requesting a ruling
based solely on the notice of the claim and any supporting evidence
submitted under the provisions of this chapter, and (2) an affidavit
attesting to the validity of a claim. Such affidavit shall be signed,
notarized and filed by both the attorney and claimant or a pro se
claimant, attesting to the following, in the following form: "I have made
a reasonable inquiry, as permitted by the circumstances, which has Substitute House Bill No. 6876
Public Act No. 23-131 12 of 21
given rise to a good faith belief that grounds exist for a suit against the
state. Such inquiry includes (provide a brief description of the inquiry
made)". The claimant shall serve any motion for approval and affidavit
on the office of the Attorney General and any state agency that is a
subject of the claim. The state may file an opposition to the motion for
approval and the affidavit not later than thirty days after such service of
the motion and affidavit. Such opposition shall be limited to opposition
of the claim based solely on jurisdictional grounds, including pursuant
to section 4-142, as amended by this act, or subsection (a) of section 4-
148, or prosecutorial, judicial, quasi-judicial or legislative immunity.
(b) Any claim exclusively requesting permission to sue the state that
was filed more than three years prior to [June 28, 2021] July 1, 2023, that
has not been disposed of by the Office of the Claims Commissioner, shall
be referred to a temporary deputy for proceedings in accordance with
subsection (d) of this section, unless the claimant expressly states the
desire to have [his or her] such claim remain before the Claims
Commissioner.
(c) [On and after July 1, 2022, if] If a claim exclusively requesting
permission to sue the state remains pending with the Office of the
Claims Commissioner eighteen months after the date on which such
claim was filed with the office, a claimant may file a notice indicating
the passage of such eighteen months with the Attorney General, the
Governor and the joint standing committee of the General Assembly
having cognizance of matters relating to the judiciary. The Claims
Commissioner shall issue a decision on such claim not later than ninety
days after the filing of such notice. If the Claims Commissioner does not
issue a decision during such ninety-day period, the claim shall be
referred to a temporary deputy for proceedings in accordance with
subsection (d) of this section. [, provided no claim may be referred to a
temporary deputy on or after July 1, 2023.] The provisions of this
subsection shall not apply to a claim in which the parties have Substitute House Bill No. 6876
Public Act No. 23-131 13 of 21
[stipulated] not objected to an extension of time for the Office of the
Claims Commissioner to dispose of the claim.
(d) (1) If a claim is referred to a temporary deputy under subsection
(b) or (c) of this section, such temporary deputy shall review the notice
of claim, the state's notice of opposition and any discovery or other
supporting evidence, and may, if the temporary deputy deems it
necessary, hold a conference with the parties using telephonic or video
conferencing technology. Consideration of the state's opposition to such
claims shall be limited to jurisdictional grounds or prosecutorial,
judicial, quasi-judicial or legislative immunity. The temporary deputy
shall make a determination to deny or dismiss a claim or authorize a
claimant to sue the state, not later than ninety days after the claim is
referred to such temporary deputy. A temporary deputy shall authorize
suit against the state if the claim, in the opinion of the temporary deputy,
presents an issue of law or fact under which the state, were it a private
person, could be liable. If the resolution of the state's opposition to the
claim is based on a dispute of a material fact, the temporary deputy shall
grant permission to sue the state and preserve the state's right to pursue
such defense in court.
(2) A temporary deputy shall make a finding of fact for each claim
and file such finding with the order or authorization disposing of the
claim with the Claims Commissioner. The temporary deputy shall
[deliver] provide a copy of such finding and order or authorization to
the claimant and to the representative for the state, which representative
may in appropriate cases be the Attorney General.
(e) A claimant exclusively seeking permission to sue the state shall be
deemed to have been granted permission to sue the state by the Claims
Commissioner if the Attorney General files with the Office of the Claims
Commissioner a signed stipulation authorizing permission to sue the
state for a particular claim of the claimant. Substitute House Bill No. 6876
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(f) In any claim alleging malpractice against the state, a state hospital
or against a physician, surgeon, dentist, podiatrist, chiropractor or other
licensed health care provider employed by the state, the attorney or pro
se party filing the claim may submit a certificate of good faith to the
Office of the Claims Commissioner in accordance with section 52-190a.
If such a certificate is submitted, permission to sue the state shall be
deemed granted by the Claims Commissioner (1) on June 28, 2021, if the
certificate has been filed with the Claims Commissioner prior to June 28,
2021, or (2) upon the filing of the certificate with the Office of the Claims
Commissioner, if such certificate is filed on or after June 28, 2021. In lieu
of filing a notice of claim pursuant to section 4-147, as amended by this
act, a claimant may commence a medical malpractice action against the
state prior to the expiration of the limitation period set forth in section
4-148 and authorization for such action against the state shall be deemed
granted. Any such action shall be limited to medical malpractice claims
only and any such action shall be deemed a suit otherwise authorized
by law in accordance with subsection (a) of section 4-142, as amended
by this act. The provisions of this subsection shall apply to any claim
alleging malpractice against the state that was timely filed with the
Claims Commissioner and remains pending with said commissioner,
regardless of whether such claim was filed before, on or after October 1,
2019.
(g) After completion of discovery in a suit filed in the Superior Court
after receiving permission to sue the state on the basis of an affidavit
attesting to the validity of a claim filed in accordance with subsection (a)
of this section, if the court determines that such affidavit was not made
in good faith, that no justiciable issue was presented against the state
and that the state cooperated in good faith with the claimant by
providing informal discovery, the court, upon motion or on its own
initiative, shall impose upon the attorney and claimant or pro se
claimant who signed such affidavit an appropriate sanction, which may
include an order to pay to the state the reasonable expenses incurred by Substitute House Bill No. 6876
Public Act No. 23-131 15 of 21
the state because of the filing of the suit. The court may also submit the
matter to the appropriate authority for disciplinary review of any
attorney who submitted the affidavit.
(h) In each action authorized by the Claims Commissioner or a
temporary deputy, or any action where permission to sue the state has
been deemed to have been granted by the Claims Commissioner,
pursuant to subsections (a) to (f), inclusive, of this section or by the
General Assembly pursuant to section 4-159, as amended by this act, or
4-159a, as amended by this act, the claimant shall allege such
authorization or permission and the date on which it was granted,
except that evidence of such authorization or permission shall not be
admissible in such action as evidence of the state's liability. Except as
provided in subsection (d) of this section, (1) the state waives its
immunity from liability and from suit in each such action and waives all
defenses which might arise from the eleemosynary or governmental
nature of the activity complained of, and (2) the rights and liability of
the state in each such action shall be coextensive with and shall equal
the rights and liability of private persons in like circumstances.
(i) No such action shall be brought but within one year from the date
such authorization becomes effective or permission to sue is granted,
whichever date is later. With respect to any claim presented to the Office
of the Claims Commissioner for which authorization or permission to
sue is granted, any statute of limitation applicable to such action shall
be tolled until the date such authorization or permission to sue is
granted. The claimant shall bring such action against the state as party
defendant in the judicial district in which the claimant resides or, if the
claimant is not a resident of this state, in the judicial district of Hartford
or in the judicial district in which the claim arose.
(j) Civil process directed against the state shall be served as provided
by section 52-64. Substitute House Bill No. 6876
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(k) Issues arising in such actions shall be tried to the court without a
jury.
(l) The laws and rules of practice governing disclosures in civil
actions shall apply against state agencies and state officers and
employees possessing books, papers, records, documents or
information pertinent to the issues involved in any such action.
(m) The Attorney General, with the consent of the court, may
compromise or settle any such action. The terms of every such
compromise or settlement shall be expressed in a judgment of the court.
(n) Costs may be allowed against the state as the court deems just,
consistent with the provisions of chapter 901.
(o) The clerk of the court in which judgment is entered against the
state shall forward a certified copy of such judgment to the Comptroller.
The Attorney General shall certify to the Comptroller when the time
allowed by law for proceeding subsequent to final judgment has expired
and the Attorney General shall designate the state agency involved in
the action. Upon receipt of such judgment and certification the
Comptroller shall make payment as follows: Amounts directed by law
to be paid from a special fund shall be paid from such special fund;
amounts awarded upon contractual claims for goods or services
furnished or for property leased shall be paid from the appropriation of
the agency which received such goods or services or occupied such
property; all other amounts shall be paid from such appropriation as the
General Assembly may have made for the payment of claims.
(p) Not later than five days after the convening of each regular
session, the Attorney General shall report to the joint standing
committee of the General Assembly having cognizance of matters
relating to the judiciary on the status and disposition of all actions
authorized pursuant to this section or section 4-159, as amended by this Substitute House Bill No. 6876
Public Act No. 23-131 17 of 21
act, or brought against the state under any other provision of law and in
which the interests of the state are represented by the Attorney General.
The report shall include: (1) The number of such actions pending in state
and federal court, categorized by the alleged ground for the action, (2)
the number of new actions brought in the preceding year in state and
federal court, categorized by the alleged ground for the action, (3) the
number of actions disposed of in the preceding year, categorized by the
ground for the action that was disposed of and whether the action was
disposed of by settlement or litigation to final judgment, and the amount
paid for actions within the respective categories, and (4) such other
information as may be requested, from time to time, by the joint
standing committee of the General Assembly having cognizance of
matters relating to the judiciary. The report shall identify each action
disposed of by payment of an amount exceeding one hundred thousand
dollars.
Sec. 11. Section 4-147 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
Any person wishing to present a claim against the state shall file with
the Office of the Claims Commissioner a notice of claim, in duplicate,
containing the following information: (1) The name and address of the
claimant; the name and address of [his] the claimant's principal, if the
claimant is acting in a representative capacity, and the name and
address of [his] the claimant's attorney, if the claimant is so represented;
(2) a concise statement of the basis of the claim, including the date, time,
place and circumstances of the act or event complained of; (3) a
statement of the amount requested, which shall minimally indicate
whether such amount is less than thirty-five thousand dollars, or equal
to or in excess of thirty-five thousand dollars; and (4) a request for
permission to sue the state, if such permission is sought. A claim
exclusively setting forth a request for permission to sue the state may be
accompanied by supporting evidence, including, but not limited to, Substitute House Bill No. 6876
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transcripts, records, documents, reports, affidavits or memoranda. A
notice of claim, if sent by mail, shall be deemed to have been filed with
the Office of the Claims Commissioner on the date such notice of claim
is postmarked. [Claims in excess of five thousand dollars shall be
accompanied by a check or money order in the sum of fifty dollars
payable to the Treasurer, state of Connecticut. Claims for five thousand
dollars or less shall be accompanied by a check or money order in the
sum of twenty-five dollars payable to the Treasurer, state of
Connecticut. Except as provided in section 4-165b, fees may be waived
by the Claims Commissioner for good cause but such action by the
Claims Commissioner shall not relieve the claimant from the obligation
of filing the notice of claim in timely fashion within the statute of
limitations under section 4-148.] The Office of the Claims Commissioner
shall promptly [deliver] provide a copy of the notice of claim to the
Attorney General. Such notice shall be for informational purposes only
and shall not be subject to any formal or technical requirements, except
as may be necessary for clarity of presentation and facility of
understanding.
Sec. 12. Section 4-149 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) The Attorney General shall review each claim [delivered] filed
under section 4-147, as amended by this act. If such review discloses to
the satisfaction of the Attorney General that protection of the state's
interest does not reasonably require representation by the Attorney
General before the Claims Commissioner, then such representation shall
be provided by the state agency or department involved in the claim. In
making such determination, the Attorney General shall consider (1) the
sum of money involved; (2) the legal significance of the claim as a
precedent; and (3) the complexity of the legal and factual issues
presented.
(b) The Attorney General shall notify the Claims Commissioner and Substitute House Bill No. 6876
Public Act No. 23-131 19 of 21
the agency or department involved within ninety days of receipt of a
claim by the Attorney General in those instances when the Attorney
General determines that protection of the state's interest does not
reasonably require representation by the Attorney General before the
Claims Commissioner.
(c) When the representative for the state, which representative may
in appropriate cases be the Attorney General, desires to oppose a claim,
such representative shall file with the Office of the Claims
Commissioner a notice of opposition, [in duplicate,] containing a
concise statement of such representative's objections. The Office of the
Claims Commissioner shall promptly [deliver a copy thereof] provide a
copy of the notice of opposition to the claimant.
Sec. 13. Section 4-156 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
Upon the discovery of new evidence, any claimant aggrieved by an
order of the Claims Commissioner rejecting or recommending the
rejection of [his or her] the claimant's claim, in whole or in part, may
apply for rehearing. The claimant shall file with the Office of the Claims
Commissioner an application for such rehearing, [in duplicate,] stating
concisely in the application the matters which he or she desires to
submit to the Office of the Claims Commissioner. The Office of the
Claims Commissioner shall promptly [deliver] provide a copy of the
application to the Attorney General. The Attorney General shall review
the application in the manner specified in subsection (a) of section 4-149,
as amended by this act. If such review discloses to the satisfaction of the
Attorney General that protection of the state's interest does not
reasonably require representation before the Office of the Claims
Commissioner by the Attorney General, the Attorney General shall refer
the application to the state agency or department involved in the claim
for representation of the state before the Office of the Claims
Commissioner not later than ninety days after receipt of the application Substitute House Bill No. 6876
Public Act No. 23-131 20 of 21
by the Attorney General. Each such rehearing shall be subject to the
provisions of this chapter and the rules made thereunder respecting the
hearing and disposition of claims and reports to the General Assembly.
Sec. 14. Section 4-165b of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023):
(a) Any inmate, as defined in section 18-84, who suffers an injury may
file a claim against the state. Such claim shall be heard and decided in
accordance with the provisions of this chapter, provided no such claim
shall be presented to the Office of the Claims Commissioner until the
inmate has exhausted all administrative remedies provided by the
Department of Correction. Notwithstanding the provisions of this
subsection, the legal representative of the estate of an inmate may
present to the Office of the Claims Commissioner a claim against the
state prior to having exhausted any administrative remedy provided by
the Department of Correction.
(b) In addition to the information required by section 4-147, as
amended by this act, an inmate's notice of claim shall include a
description of the administrative remedies that have been exhausted.
An inmate shall present such claim to the Office of the Claims
Commissioner not later than one year after the date on which the inmate
exhausted all administrative remedies.
[(c) The Claims Commissioner may not grant a waiver of the filing
fee prescribed in section 4-147 to an inmate when, on three or more prior
occasions, the inmate filed with the Office of the Claims Commissioner
a claim that was dismissed on grounds that it was frivolous, duplicative,
malicious or otherwise failed to state a claim upon which relief could be
granted.]
Sec. 15. Section 4-159a of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2023): Substitute House Bill No. 6876
Public Act No. 23-131 21 of 21
(a) (1) Not later than five days after the convening of each regular
session, the Claims Commissioner shall report to the General Assembly
on all claims that have been filed with the Office of the Claims
Commissioner pursuant to section 4-147, as amended by this act, and
have not been disposed of by the Office of the Claims Commissioner
within two years of the date of filing or within any extension thereof
granted by the General Assembly pursuant to subsection (c) of this
section, except claims in which the parties have [stipulated] not objected
within thirty days to an extension of time sought by the Office of the
Claims Commissioner for [the Office of the Claims Commissioner] said
office to dispose of the claim. (2) The report submitted by the Claims
Commissioner pursuant to subdivision (1) of this subsection shall
minimally include (A) an explanation as to why the claim has not been
disposed of, and (B) the date by which a decision will be rendered on
the claim in the event the General Assembly were to grant the Office of
the Claims Commissioner an extension of time to dispose of the claim.
(b) The Office of the Claims Commissioner shall give notice to all
claimants whose claims are the subject of a report as provided in
subsection (a) of this section that their claims will be considered at the
next regular session of the General Assembly pursuant to subsection (c)
of this section.
(c) With respect to any claim that is the subject of a report as provided
in subsection (a) of this section, the General Assembly may (1) grant the
Office of the Claims Commissioner an extension for a period specified
by the General Assembly to dispose of such claim, (2) grant the claimant
permission to sue the state, (3) grant an award to the claimant, or (4)
deny the claim.