Connecticut Seal

General Assembly

 

Raised Bill No. 5599

February Session, 2016

 

LCO No. 2570

 

*02570_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

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

Statement of Purpose:

To permit Millicent Corbett to pursue a claim against the state for damage to her property that was incurred when she was acting as a provider of services to the Department of Developmental Services.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]