Connecticut Seal

General Assembly

File No. 496

    February Session, 2016

House Bill No. 5599

House of Representatives, April 6, 2016

The Committee on Judiciary reported through REP. TONG of the 147th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING THE CLAIM AGAINST THE STATE OF MILLICENT CORBETT.

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

Section 1. (Effective from passage) (a) Notwithstanding the failure to file a proper notice of a claim against the state with the clerk of the Office of the Claims Commissioner, within the time limitations specified by subsection (a) of section 4-148 of the general statutes, Millicent Corbett is authorized pursuant to the provisions of subsection (b) of section 4-148 of the general statutes to present her claim against the state to the Claims Commissioner. The General Assembly finds that there is a public purpose served by encouraging accountable state government through the full adjudication of cases involving persons who claim to have been injured by the conduct of state actors. The General Assembly further finds it just and equitable that the time limitations provided for in subsection (a) of section 4-148 of the general statutes be tolled in a case such as this, involving a claimant who commenced a civil action in the superior court for the judicial district of Ansonia-Milford in 2012, thereby providing notice to the state of her claim within the statute of limitations for damage to her property that is alleged to have initially occurred in August 2009. 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. Such claim shall be presented to the Claims Commissioner not later than one year after the effective date of this section.

(b) The state shall be barred from setting up the failure to comply with the provisions of sections 4-147 and 4-148 of the general statutes, from denying that notice of the claim was properly and timely given pursuant to sections 4-147 and 4-148 of the general statutes and 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 claim.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

JUD

Joint Favorable

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 17 $

State Comptroller - Miscellaneous

GF - Cost

Potential

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill permits the claimant to present the claim to the Claims Commissioner for a hearing not later than a year from passage of this bill. This may result in a potential cost to the state related to any future claim award or settlement.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

HB 5599

AN ACT CONCERNING THE CLAIM AGAINST THE STATE OF MILLICENT CORBETT.

SUMMARY:

The Office of Legislative Research does not analyze Special Acts.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

37

Nay

4

(03/21/2016)

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