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statutes is repealed and the following is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