Substitute Senate Bill No. 213
          Substitute Senate Bill No. 213

               PUBLIC ACT NO. 98-76


AN  ACT CONCERNING  THE  CASELOAD  OF  THE  CLAIMS
COMMISSIONER.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section   1.  Section  4-160  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  When  the  Claims  Commissioner  deems it
just and equitable, he may authorize suit  against
the  state  on  any  claim  which, in his opinion,
presents an issue of law or fact under  which  the
state, were it a private person, could be liable.
    (b)  IN ANY CLAIM ALLEGING MALPRACTICE AGAINST
THE STATE, A STATE HOSPITAL  OR  A  SANITORIUM  OR
AGAINST A PHYSICIAN, SURGEON, DENTIST, PODIATRIST,
CHIROPRACTOR  OR  OTHER   LICENSED   HEALTH   CARE
PROVIDER  EMPLOYED  BY  THE STATE, THE ATTORNEY OR
PARTY FILING THE CLAIM MAY SUBMIT A CERTIFICATE OF
GOOD   FAITH   TO   THE   CLAIMS  COMMISSIONER  IN
ACCORDANCE  WITH  SECTION  52-190a.  IF   SUCH   A
CERTIFICATE  IS SUBMITTED, THE CLAIMS COMMISSIONER
SHALL AUTHORIZE SUIT AGAINST  THE  STATE  ON  SUCH
CLAIM.
    [(b)]  (c)  In  each  action authorized by the
Claims Commissioner pursuant to subsection (a)  OR
(b)  of  this  section  or by the General Assembly
pursuant to  section  4-159,  the  claimant  shall
allege such authorization and the date on which it
was granted. 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. 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.
    [(c)]  (d) No such action shall be brought but
within one year from the date  such  authorization
to  sue  is  granted.  With  respect  to any claim
pending before the Claims Commissioner on  October
1,  1992,  or presented to the Claims Commissioner
on or after said date for which  authorization  to
sue   is   granted,   any  statute  of  limitation
applicable to such action shall  be  tolled  until
the  date  such  authorization  to sue is granted.
Action shall be brought 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-New  Britain  or  in   the   judicial
district in which the claim arose.
    [(d)]  (e)  Civil process directed against the
state shall  be  served  as  provided  by  section
52-64.
    [(e)]  (f)  Issues  arising  in  such  actions
shall be tried to the court without a jury.
    [(f)]  (g)  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.
    [(g)]  (h)  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.
    [(h)]  (i)  Costs  may  be allowed against the
state as the court deems just, consistent with the
provisions of chapter 901.
    [(i)]  (j)  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  he  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.
    [(j)]   (k)   Within   five   days  after  the
convening of each regular  session,  the  Attorney
General  shall  report  to the General Assembly on
the  status  and  disposition   of   all   actions
authorized  pursuant  to  this  section or section
4-159.
    Sec.  2.  Subsection  (a) of section 3-125a of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a)    Notwithstanding   the   provisions   of
subsection [(g)] (h) of section 4-160, AS  AMENDED
BY  SECTION  1  OF  THIS ACT, the Attorney General
shall not enter into any agreement or  stipulation
in connection with a lawsuit to which the state is
a party that contains any provision which requires
an  expenditure from the General Fund budget in an
amount in  excess  of  two  million  five  hundred
thousand dollars over the term of the agreement or
stipulation,  unless  the  General  Assembly,   by
resolution,  accepts  the terms of such provision.
The General Assembly may reject such provision  by
a  three-fifths vote of each house. Such provision
shall be deemed approved if the  General  Assembly
fails  to vote to approve or reject such provision
within  thirty  days  of  the  date  of  submittal
pursuant to subsection (b) of this section.

Approved May 27, 1998