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Substitute House Bill No. 5174

Special Act No. 03-18

AN ACT AUTHORIZING DERRICK BETTON TO BRING A CIVIL ACTION AGAINST THE COMMISSIONER OF TRANSPORTATION AND CONCERNING REVALUATION IN THE TOWN OF SOMERS AND ISSUANCE OF BONDS IN THE TOWN OF ROCKY HILL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (Effective from passage) Notwithstanding any provision of the general statutes, Derrick Betton is authorized to institute and prosecute to final judgment a civil action against the Commissioner of Transportation to recover damages for injuries sustained by him on September 7, 1996, allegedly caused by the negligence of the commissioner in failing to inspect and remove a dead tree within the limits of a state highway. The General Assembly deems such authorization to be just and equitable and finds that such authorization is supported by compelling equitable circumstances and would serve a public purpose. The state waives its immunity from liability and from suit in such action and waives all defenses which might arise from the eleemosynary or governmental nature of the activity complained of. The state shall be barred from setting up the fact that the claim had once been considered by the Claims Commissioner, by the General Assembly or in a judicial proceeding as defenses to such action. The rights and liability of the state in such action shall be coextensive with and shall equal the rights and liability of private persons in like circumstances. The provisions of subsections (d) to (j), inclusive, of section 4-160 of the general statutes shall be applicable to such action.

Sec. 2. (Effective from passage) Notwithstanding the provisions of chapter 203 of the general statutes, the nonphysical property revaluation for the October 1, 2002, grand list conducted by the town of Somers and approved February 28, 2003, shall be null and void, provided the town meeting of the town of Somers votes that such property revaluation is null and void, that a new physical revaluation shall be conducted and completed for the October 1, 2004, grand list and that property values of real property in the town of Somers shall remain at the level assessed prior to such new revaluation. Nothing in this section shall delay any subsequent revaluations conducted by the town of Somers.

Sec. 3. (Effective from passage) Notwithstanding any defect in the publication of notice of approval of a five hundred thousand dollar appropriation and bond authorization for emergency repairs to the community center, the town of Rocky Hill is authorized to issue and sell bonds for such purpose as set forth in the resolution adopted at the town council meeting held on November 18, 2002, and the vote taken at such meeting and any bonds issued pursuant thereto, but not exceeding the principal amount set forth in such resolution, are hereby ratified, confirmed and validated, and such bonds shall be and are valid and binding general obligations of the town of Rocky Hill.

Approved July 2, 2003