HJ 211 — RESOLUTION AUTHORIZING THE CLAIMANT, THE ESTATE OF KARON NEALY, TO SUE THE STATE.

House of Representatives General Assembly File No.

605735 General Assembly January Session, 2021 Substitute(Reprint Houseof JointFile Resolution No.

211605) Substitute House ofJoint Representatives,Resolution AprilNo. 26, 2021 The Committee on Judiciary reported through REP.

STAFSTROM211 ofAs theAmended 129thby Dist.,House ChairpersonAmendment ofSchedule the"A" CommitteeApproved onby the partLegislative ofCommissioner theMay House,26, that2021 theRESOLUTION substituteAUTHORIZING jointTHE resolutionCLAIMANT, oughtTHE toESTATE beOF adopted.KARON NEALY, TO SUE THE STATE.

RESOLUTION AUTHORIZING THE CLAIMANT, BARBARA MAKARA, TO SUE THE STATE.

That:Section 1.

(1)That Pursuantthe todecision subsection (a) of section 4-159a of the generalClaims statutes,Commissioner, thefile Officenumber 24605 of thesaid Claimscommissioner, Commissionerordering hasthe reporteddismissal thatof the claim ofagainst Barbarathe Makara,state filein numberexcess 24754, has not been disposed of withintwenty twothousand yearsdollars of the dateEstate of filingKaron theNealy, claim;is vacated.

andThe (2) the General Assembly, having considered the claim during the regular session, herebyfinds grantsthat said commissioner's reason for dismissing the claimantclaim permissionis toerroneous sueand the state is responsible for significant delay in accordancethe claimant's ability to proceed with the provisionsclaim ofdue subsectionto (c)the Department of sectionCorrection's 4-159adelay ofin releasing certain documents related to the generaldecedent's statutes.injuries, health and cause of death.

The General Assembly further finds that it would be just and equitable to grant the claimant permission to sue the state, that there are compelling equitable circumstances to support such grant and that such grant would serve a public purpose based on the merits of the case.

Therefore, the General Assembly hereby grants the claimant permission to sue the state in sHJ211 / File No.

735 sHJ211 File No.

735 accordance with the provisions of subsection (c) of section 4-159a of the general statutes.

JUD Joint Favorable Subst.

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605735 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.

Agency Affected Fund-Effect FY 22 $ FY 23 $ Comptroller - Adjudicated GF - Potential See Below See Below Claims Account Cost Note:

None Explanation The resolution allows the claimant, Barbara Makara, to sue the state to recover damages.damages as compensation for personal injury and/or property damage allegedly suffered totaling $20,000 or more as set forth in said claim.

ThePayout claimon hasthe notclaim, beenwere disposedit ofto withinoccur, twowould yearsbe ofmade from theComptroller'sAdjudicatedClaimsaccount.The totalcost to thestate cannot be determined as the dateoutcome of filingthis thefuture claim.lawsuit is unknown.

TheHouse claimant's"A" actionstrikes shallthe beoriginal broughtbill notand laterits thanassociated onefiscal yearimpact, fromthus thebecoming date of the finalbill adoptionwith by the Generalabove Assemblyreferenced offiscal thisimpact. resolution.

Payout on the claim, were it to occur, would be made from the Comptroller's Adjudicated Claims account.

The total cost to the state cannot be determined as the outcome of this future lawsuit is unknown.

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does 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 consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

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605735 OLR Bill Analysis sHJ 211 (as amended by House "A") RESOLUTION AUTHORIZING THE CLAIMANT, BARBARA MAKARA, TO SUE THE STATE.

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