Connecticut 2024 Regular Session Status: Enacted

HB 5487 — AN ACT CONCERNING THE OPERATION AND ADMINISTRATION OF THE OFFICE OF THE CLAIMS COMMISSIONER.

Last action — SIGNED BY GOVERNOR

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  4. ✓
    Passed Senate
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 12, 2024. Enacted.

Signed by Governor Ned Lamont (Democratic) on May 21, 2024.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

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High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

638 added · 794 removed

638 line(s) added, 794 removed.

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House of Representatives General Assembly File No.
Substitute House Bill No.
540 February Session, 2024 Substitute House Bill No.
5487 Public Act No.
5487 House of Representatives, April 17, 2024 The Committee on Judiciary reported through REP.
24-44 AN ACT CONCERNING THE OPERATION AND ADMINISTRATION OF THE OFFICE OF THE CLAIMS COMMISSIONER.
STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING THE OPERATION AND ADMINISTRATION OF THE OFFICE OF THE CLAIMS COMMISSIONER.
Such claims shall be heard and determined in accordance with the rules prescribed by the Claims Commissioner pursuant to section 4-157, except as may be sHB5487 / File No.
Such claims shall be heard and determined in accordance with the rules prescribed by the Claims Commissioner pursuant to section 4-157, except as may be provided in section 4-160, as amended by this act.
540 1 sHB5487 File No.
540 provided in section 4-160, as amended by this act.
Section 4-142a of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
Section 4-142a of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July Substitute House Bill No.
5487 1, 2024):
(c) (1) The Governor may, within available appropriations, appoint sHB5487 / File No.
(c) (1) The Governor may, within available appropriations, appoint not more than six [temporary] special deputies to serve in the Office of Public Act No.
540 2 sHB5487 File No.
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540 not more than six [temporary] special deputies to serve in the Office of the Claims Commissioner.
5487 the Claims Commissioner.
The term of the Deputy Claims Commissioner shall not be coterminous with that of the Claims Commissioner, instead the Deputy Claims Commissioner may be replaced upon the appointment of a new Claims Commissioner in accordance with the provisions of sHB5487 / File No.
The term of the Deputy Claims Commissioner shall not be coterminous with that of the Claims Commissioner, instead the Deputy Claims Commissioner may be replaced upon the appointment Public Act No.
540 3 sHB5487 File No.
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540 subdivision (1) of subsection (a) of this section.
5487 of a new Claims Commissioner in accordance with the provisions of subdivision (1) of subsection (a) of this section.
(3) a statement of the amount requested, which shall minimally indicate whether such amount is [less than thirty-five thousand] not in excess of fifty thousand dollars, or [equal to or] in excess of [thirty-five] fifty thousand dollars;
(3) a statement of the amount requested, which shall minimally indicate whether such amount is [less than thirty-five thousand] not in excess of fifty thousand dollars, or [equal to or] in Public Act No.
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5487 excess of [thirty-five] fifty thousand dollars;
A claim exclusively setting forth a request for permission to sue the state may be accompanied by supporting evidence, including, but not limited to, sHB5487 / File No.
A claim exclusively setting forth a request for permission to sue the state may be accompanied by supporting evidence, including, but not limited to, transcripts, records, documents, reports, affidavits or memoranda.
540 4 sHB5487 File No.
540 transcripts, records, documents, reports, affidavits or memoranda.
Hearings may be held at the Office of the Claims Commissioner, at any available hearing facility in the State Capitol or Legislative Office Building, upon request at any courthouse serving a judicial district or geographical area or city or town hall in the state or at such other suitable place as the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy finds is convenient and just to the claimant and to the Attorney General.
Hearings may be held at the Office of the Claims Commissioner, at any available hearing facility in the State Capitol or Legislative Office Building, upon request at any courthouse serving a judicial district or geographical area or city Public Act No.
(b) The Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy may call witnesses, examine and cross- sHB5487 / File No.
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540 5 sHB5487 File No.
5487 or town hall in the state or at such other suitable place as the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy finds is convenient and just to the claimant and to the Attorney General.
540 examine any witness, require information not offered by the claimant or the Attorney General and stipulate matters to be argued.
(b) The Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy may call witnesses, examine and cross- examine any witness, require information not offered by the claimant or the Attorney General and stipulate matters to be argued.
Further refusal of such person shall be punished as provided by section 2-46.
Further refusal of such Public Act No.
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5487 person shall be punished as provided by section 2-46.
sHB5487 / File No.
Sec.
540 6 sHB5487 File No.
540 Sec.
If the miscreant is the claimant or the claimant's attorney, the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy may summarily terminate the proceeding, and the Claims Commissioner, Deputy Claims Commissioner or [temporary] special deputy may dismiss the claim and order it forfeited to the state.
If the miscreant is the claimant or the claimant's attorney, the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy may summarily terminate the proceeding, and the Claims Commissioner, Deputy Public Act No.
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5487 Claims Commissioner or [temporary] special deputy may dismiss the claim and order it forfeited to the state.
The Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy shall make a finding of sHB5487 / File No.
The Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy shall make a finding of fact for eachclaimand file suchfinding withtheorder,recommendation or authorization disposing of the claim.
540 7 sHB5487 File No.
540 fact for eachclaimand filesuchfinding withtheorder,recommendation or authorization disposing of the claim.
(c) If the claimant has the right pursuant to subsection (b) of section 4-158,asamendedbythisact,torequesttheGeneralAssemblytoreview [the] a decision of the Claims Commissioner, Deputy Claims Commissioner or specialdeputy, theOffice oftheClaimsCommissioner shall give written notice to the claimant that the claimant may request the General Assembly to review the decision and that the General Assembly may confirm, modify or vacate the decision or remand the claim to the Office of the Claims Commissioner.
(c) If the claimant has the right pursuant to subsection (b) of section 4-158,asamendedbythisact,torequesttheGeneralAssemblytoreview [the] a decision of the Claims Commissioner, Deputy Claims Commissioner or specialdeputy, theOffice oftheClaimsCommissioner Public Act No.
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5487 shall give written notice to the claimant that the claimant may request the General Assembly to review the decision and that the General Assembly may confirm, modify or vacate the decision or remand the claim to the Office of the Claims Commissioner.
The Office of the Claims Commissioner may not submit any claim to the General Assembly for review unless the request for review is timely filed and the claimant has complied with the sHB5487 / File No.
The Office of the Claims Commissioner may not submit any claim to the General Assembly for review unless the request for review is timely filed and the claimant has complied with the requirements of subdivision (2) of this subsection when requesting such review.
540 8 sHB5487 File No.
540 requirements of subdivision (2) of this subsection when requesting such review.
Section 4-158 of the 2024 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
Section 4-158 of the 2024 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2024):
(b) Any person who has filed a claim in excess of fifty thousand dollars may request the General Assembly to review a decision of the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy (1) ordering the denial or dismissal of the claim pursuant to subdivision (1) of subsection (a) of this section, including denying or dismissing a claim that requests permission to sue the state, or (2) ordering immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section.
(b) Any person who has filed a claim in excess of fifty thousand dollars may request the General Assembly to review a decision of the Claims Commissioner, the Deputy Claims Commissioner or a Public Act No.
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5487 [temporary] special deputy (1) ordering the denial or dismissal of the claim pursuant to subdivision (1) of subsection (a) of this section, including denying or dismissing a claim that requests permission to sue the state, or (2) ordering immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section.
sHB5487 / File No.
(c) [The Office of the Claims Commissioner shall submit each claim for which a request for review is filed pursuant to this section to the General Assembly pursuant to section 4-159.] Pursuant to section 4-159, as amended by this act, the Office of the Claims Commissioner shall submit to the General Assembly each claim for which a request for review has been filed under subsection (b) of this section, provided the request complies with the requirements set forth in said subsection (b).
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(d) If the Claims Commissioner, the Deputy Claims Commissioner or a special deputy ordersimmediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section and a request for review is not timely filed pursuant to subsection (b) of this section, the Office of the Claims Commissioner shall deliver to the Comptroller a certified copy of the Public Act No.
540 (c) [The Office of the Claims Commissioner shall submit each claim for which a request for review is filed pursuant to this section to the General Assembly pursuant to section 4-159.] Pursuant to section 4-159, as amended by this act, the Office of the Claims Commissioner shall submit to the General Assembly each claim for which a request for review has been filed under subsection (b) of this section, provided the request complies with the requirements set forth in said subsection (b).
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(d) If the Claims Commissioner, the Deputy Claims Commissioner or a special deputy ordersimmediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of this section and a request for review is not timely filed pursuant to subsection (b) of this section, the Office of the Claims Commissioner shall deliver to the Comptroller a certified copy of the Claims Commissioner's, Deputy Claims Commissioner's or special deputy's order and the Comptroller shall make payment from such appropriationastheGeneralAssembly may have madefor thepayment of claims or, in the case of contractual claims for goods or services furnished or for property leased, from the appropriation of the agency which received such goods or services or occupied such property.
5487 Claims Commissioner's, Deputy Claims Commissioner's or special deputy's order and the Comptroller shall make payment from such appropriationastheGeneralAssembly may have madefor thepayment of claims or, in the case of contractual claims for goods or services furnished or for property leased, from the appropriation of the agency which received such goods or services or occupied such property.
(f)Notlaterthanfivedaysaftertheconveningofeachregularsession, the Office of the Claims Commissioner shall report to the General Assembly on all claims decided pursuant to this section during the preceding calendar year.
(f)Notlaterthanfivedaysaftertheconveningof eachregularsession, the Office of the Claims Commissioner shall report to the General Assembly on all claims decided pursuant to this section during the preceding calendar year.
(4) the total number sHB5487 / File No.
(4) the total number of claims that were denied;
540 10 sHB5487 File No.
540 of claims that were denied;
(a)Not laterthanfive daysaftertheconveningofeachregularsession and at such other times as the speaker of the House of Representatives and president pro tempore of the Senate may desire, the Office of the Claims Commissioner shall submit to the General Assembly (1) all claims for which the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy recommended payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of section 4-158, as amended by this act, and (2) all claims for which a request for review has been filed pursuant to subsection (b) of section 4-158, as amended by this act, together with a copy of the Claims Commissioner's, Deputy Claims Commissioner's or [temporary] special deputy's findings and the hearing record, if any, of each claim so reported.
(a)Not laterthanfive daysaftertheconveningofeachregularsession Public Act No.
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5487 and at such other times as the speaker of the House of Representatives and president pro tempore of the Senate may desire, the Office of the Claims Commissioner shall submit to the General Assembly (1) all claims for which the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy recommended payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of section 4-158, as amended by this act, and (2) all claims for which a request for review has been filed pursuant to subsection (b) of section 4-158, as amended by this act, together with a copy of the Claims Commissioner's, Deputy Claims Commissioner's or [temporary] special deputy's findings and the hearing record, if any, of each claim so reported.
or (B) Vacate the decision and, in lieu thereof, (i) order the payment of sHB5487 / File No.
or (B) Vacate the decision and, in lieu thereof, (i) order the payment of the claim in a specified amount, or (ii) authorize the claimant to sue the state;
540 11 sHB5487 File No.
540 the claim in a specified amount, or (ii) authorize the claimant to sue the state;
(B) Modify the decision by ordering that a different amount be paid;
Public Act No.
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5487 (B) Modify the decision by ordering that a different amount be paid;
or (4) With respect to a decision of the Claims Commissioner, the Deputy ClaimsCommissioner or a [temporary]specialdeputy pursuant to subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended by this act, or a decision of a [temporary] special deputy pursuant to subsection (d) of section 4-160, as amended by this act, remand the claim to the Office of the Claims Commissioner for such sHB5487 / File No.
or (4) With respect to a decision of the Claims Commissioner, the Deputy ClaimsCommissioner or a [temporary]specialdeputy pursuant to subdivision (1), (2) or (3) of subsection (a) of section 4-158, as amended by this act, or a decision of a [temporary] special deputy pursuant to subsection (d) of section 4-160, as amended by this act, remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct.
540 12 sHB5487 File No.
540 further proceedings as the General Assembly may direct.
(a) (1) Not later than five days after the convening of each regular session, the Claims Commissioner shall report to the General Assembly on all claims that have been filed with the Office of the Claims Commissioner pursuant to section 4-147, as amended by this act, and have not been disposed of by the Office of the Claims Commissioner within two years of the date of filing or within any extension thereof granted by the General Assembly pursuant to subsection (c) of this section, except claims in which the parties have not objected within thirty days to an extension of time sought by the Office of the Claims Commissioner for said office to dispose of the claim.
(a) (1) Not later than five days after the convening of each regular session, the Claims Commissioner shall report to the General Assembly Public Act No.
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5487 on all claims that have been filed with the Office of the Claims Commissioner pursuant to section 4-147, as amended by this act, and have not been disposed of by the Office of the Claims Commissioner within two years of the date of filing or within any extension thereof granted by the General Assembly pursuant to subsection (c) of this section, except claims in which the parties have not objected within thirty days to an extension of time sought by the Office of the Claims Commissioner for said office to dispose of the claim.
sHB5487 / File No.
Sec.
540 13 sHB5487 File No.
540 Sec.
(a) Whenever the Claims Commissioner deems it just and equitable, the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy may authorize suit against the state on any claim which, in the opinion of the Claims Commissioner, presents an issue of law or fact under which the state, were it a private person, could be liable.
(a) Whenever the Claims Commissioner deems it just and equitable, Public Act No.
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5487 the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy may authorize suit against the state on any claim which, in the opinion of the Claims Commissioner, presents an issue of law or fact under which the state, were it a private person, could be liable.
(b) Any claim exclusively requesting permission to sue the state that was filed more than three years prior to July 1, 2023, that has not been disposed of by the Office of the Claims Commissioner, shall be referred sHB5487 / File No.
(b) Any claim exclusively requesting permission to sue the state that was filed more than three years prior to July 1, 2023, that has not been disposed of by the Office of the Claims Commissioner, shall be referred to a [temporary] special deputy for proceedings in accordance with subsection (d) of this section, unless the claimant expressly states the Public Act No.
540 14 sHB5487 File No.
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540 to a [temporary] special deputy for proceedings in accordance with subsection (d) of this section, unless the claimant expressly states the desire to have such claim remain before the Claims Commissioner.
5487 desire to have such claim remain before the Claims Commissioner.
The [temporary] special deputy shall make a determination to deny or dismiss a claim or authorize a claimant to sue the state, not later than ninety days after the claim is referred to such [temporary] special deputy.
The [temporary] special deputy shall make a determination to deny or dismiss a claim or authorize a claimant to sue the state, not later than ninety days after the claim is referred to such [temporary] Public Act No.
A [temporary] special deputy shall authorize suit sHB5487 / File No.
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540 15 sHB5487 File No.
5487 special deputy.
540 against the state if the claim, in the opinion of the [temporary] special deputy, presents an issue of law or fact under which the state, were it a private person, could be liable.
A [temporary] special deputy shall authorize suit against the state if the claim, in the opinion of the [temporary] special deputy, presents an issue of law or fact under which the state, were it a private person, could be liable.
In lieu of filing a notice of claim pursuant to section 4-147, as amended by this act, a claimant may commence a medical malpractice action against the state prior to the expiration of the limitation period set forth in section 4-148 andauthorizationfor suchactionagainst thestate shallbedeemed granted.
In lieu of filing a notice of claim pursuant to section 4-147, as amended by this act, a claimant may commence a medical malpractice action against the state prior to the expiration of the limitation period set forth in section Public Act No.
Any such action shall be limited to medical malpractice claims only and any such action shall be deemed a suit otherwise authorized sHB5487 / File No.
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540 16 sHB5487 File No.
5487 4-148 andauthorizationfor suchactionagainst thestate shallbedeemed granted.
540 by lawinaccordance withsubsection(a)of section4-142.The provisions of this subsection shall apply to any claim alleging malpractice against the state that was timely filed with the Claims Commissioner and remains pending with said commissioner, regardless of whether such claim was filed before, on or after October 1, 2019.
Any such action shall be limited to medical malpractice claims only and any such action shall be deemed a suit otherwise authorized by lawinaccordance withsubsection(a)of section4-142.The provisions of this subsection shall apply to any claim alleging malpractice against the state that was timely filed with the Claims Commissioner and remains pending with said commissioner, regardless of whether such claim was filed before, on or after October 1, 2019.
(h) In each action authorized by the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy, or any action where permission to sue the state has been deemed to have been granted by the Claims Commissioner, the Deputy Claims Commissioner or a special deputy pursuant to subsections (a) to (f), inclusive, of this section or by the General Assembly pursuant to section 4-159, as amended by this act, or 4-159a, as amended by this act, the claimant shall allege such authorization or permission and the date on which it was granted, except that evidence of such authorization or permission shall not be admissible in such action as evidence of the state's liability.
(h) In each action authorized by the Claims Commissioner, the Deputy Claims Commissioner or a [temporary] special deputy, or any action where permission to sue the state has been deemed to have been granted by the Claims Commissioner, the Deputy Claims Commissioner or a special deputy pursuant to subsections (a) to (f), inclusive, of this section or by the General Assembly pursuant to section 4-159, as amended by this act, or 4-159a, as amended by this act, the claimant shall allege such authorization or permission and the date on which it was granted, except that evidence of such authorization or permission shall not be admissible in such action as evidence of the Public Act No.
Except as provided in subsection (d) of this section, (1) the state waives its immunity from liability and from suit in each such actionandwaivesalldefenseswhichmight arise fromtheeleemosynary or governmental nature of the activity complained of, and (2) 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 sHB5487 / File No.
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5487 state's liability.
540 circumstances.
Except as provided in subsection (d) of this section, (1) the state waives its immunity from liability and from suit in each such actionandwaivesalldefenseswhichmight arise fromtheeleemosynary or governmental nature of the activity complained of, and (2) 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.
(i) No such action shall be brought but within one year from the date such authorization becomes effective or permission to sue is granted, whichever date islater.
(i) No such action shall be brought but within one year from the date such authorization becomes effective or permission to sue is granted, whichever date is later.
(n) Costs may be allowed against the state as the court deems just, consistent with the provisions of chapter 901.
Public Act No.
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5487 (n) Costs may be allowed against the state as the court deems just, consistent with the provisions of chapter 901.
Upon receipt of such judgment and certification the sHB5487 / File No.
Upon receipt of such judgment and certification the Comptroller shall make payment as follows:
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540 Comptroller shall make payment as follows:
(1)Thenumber ofsuchactions pending in state and federal court, categorized by the alleged ground for the action, (2) the number of new actions brought in the preceding year in state and federal court, categorized by the alleged ground for the action, (3) the number of actions disposed of in the preceding year, categorized by the ground for the action that was disposed of and whether the action was disposedofbysettlementorlitigationtofinaljudgment,andtheamount paid for actions within the respective categories, and (4) such other information as may be requested, from time to time, by the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.
(1)Thenumber ofsuchactions pending in state and federal court, categorized by the alleged ground for the action, (2) the number of new actions brought in the preceding year in state and federal court, categorized by the alleged ground for the action, (3) the number of actions disposed of in the preceding year, categorized by the ground for the action that was disposed of and whether the action was disposedofbysettlementorlitigationtofinaljudgment,andtheamount paid for actions within the respective categories, and (4) such other information as may be requested, from time to time, by the joint Public Act No.
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5487 standing committee of the General Assembly having cognizance of matters relating to the judiciary.
This act shall take effect as follows and shall amend the following sections:
Approved May 21, 2024 Public Act No.
Section 1 July 1, 2024 4-142(b) Sec.
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2 July 1, 2024 4-142a Sec.
3 July 1, 2024 4-142b Sec.
4 July 1, 2024 4-147 Sec.
5 July 1, 2024 4-151 sHB5487 / File No.
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540 Sec.
6 July 1, 2024 4-151a Sec.
7 July 1, 2024 4-152 Sec.
8 July 1, 2024 4-154 Sec.
9 July 1, 2024 4-158 Sec.
10 July 1, 2024 4-159(a) and (b) Sec.
11 July 1, 2024 4-159a Sec.
12 July 1, 2024 4-160 Statement of Legislative Commissioners:
In Sections 8, 9, 10 and 12, references to "Deputy Claims Commissioner" and "special deputy" were added for internal consistency.
JUD Joint Favorable Subst.
sHB5487 / File No.
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540 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:
None Municipal Impact:
None Explanation The bill, which makes several changes in the laws governing claims against the state and the Office of the Claims Commissioner, results in no fiscal impact to the state.
The Out Years State Impact:
None Municipal Impact:
None sHB5487 / File No.
540 21 sHB5487 File No.
540 OLR Bill Analysis sHB 5487 AN ACT CONCERNING THE OPERATION AND ADMINISTRATION OF THE OFFICE OF THE CLAIMS COMMISSIONER.
SUMMARY This bill makes several changes in the laws governing claims against the state and the Office of the Claims Commissioner (“the office”).
Principally, it:
1.
reinstates the $50,000 minimum threshold for claimants seeking legislative review of the office’s decision on certain claims, and requires all claimants seeking legislative review to submit a summary, of no more than two pages, of the basis for their request;
2.
renames the “temporary” deputies within the office as “special” deputies and removes the current limitation on their service on or after March 1, 2026;
3.
removes the 90-day post-hearing deadline for the office to issue decisions on claims, instead requiring that it make all reasonable efforts to do so withinthis period, and sets alimit onthe duration of extensions that the legislature may grant the office;
4.
makes changes to the required information in claim notices;
5.
specifically requires the claims commissioner to work full time in the position (§ 2);
and 6.
adds claims for $50,000 or less to the list of claims that are privileged for hearing assignment (the existing list includes, among others, claims by people ages 65 or older) (§ 5).
sHB5487 / File No.
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540 The bill also makes minor, technical, and conforming changes, such as specifying that certain provisions in law apply to the deputy claims commissioner and special deputies, not just the claims commissioner.
EFFECTIVE DATE:
July 1, 2024 §§ 8 & 9 — GENERAL ASSEMBLY REVIEW OF DECISIONS The bill reinstates the $50,000 claim threshold for which claimants may request legislative review of certain decisions by the office.
PA 23- removed this threshold, allowing claimants to request legislative review regardless of the amount of the claim.
Under current law, and under the bill only for claims meeting this threshold, a claimant may request that the legislature review any decision ordering (1) a claim’s denial or dismissal, including claims requesting permission to sue the state, or (2) immediate payment of a just claim of up to $35,000.
By law, claimants may also seek legislative review of denials or dismissals by special deputies of certain claims exclusively seeking permission to sue, with no monetary threshold.
By law, a claimant seeking legislative review must submit a written request to the office within 20 days of receiving the decision.
The bill requires the request to include a summary, no longer than two pages, of the factual and legal basis for requesting review.
By law, if a claimant has the right to seek legislative review, the office must notify the claimant of this in writing and include the deadline to do so.
The bill additionally requires this notice to inform the claimant (1) of the claimant’s responsibility to include a written summary of the basis for the request (see above) and (2) that failure to meet the deadline, or to include the summary, extinguishes any right to legislative review.
Under thebill, theoffice must submit claimsto thelegislature forreview only if they meet these requirements, and must not otherwise submit them.
§§ 1 & 2 — SPECIAL DEPUTIES By law, the office includes up to six temporary deputies, who hear and decide claims against the state or make recommendations on claims sHB5487 / File No.
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540 as assigned by the claims commissioner.
Current law prohibits these deputies from being appointed or serving on or after March 1, 2026.
The bill eliminates this termination date and correspondingly renames the role as “special deputies.” As under current law, they serve at the governor’s pleasure for the same term as him or until a successor is qualified and appointed, whichever is later.
By law, the governor appoints these deputies within available appropriations.
They must be attorneys with trial experience and experience practicing before Connecticut courts.
They are paid a per- diem rate for their service.
§§ 8 & 12 — DECISION DEADLINES Current law requires the claims commissioner, deputy claims commissioner, or special deputies to reach a decision within 90 days after hearing a claim.
The bill instead requires them to make all reasonable efforts to reach a decision within this time frame.
The bill makes a similar change to a current deadline after a claimant files a notice that a claim only seeking permission to sue the state remains pending after 18 months.
It requires the office to make all reasonable efforts to reach a decision within 90 days after the notice filing, rather than to reach a decision within that time frame.
Under the bill, the office keeps jurisdiction over the claim after the 90-day period until the end of the next regular legislative session.
Under existing law, if these claims remain undecided after this 90- day period, they are referred to a special deputy, who must issue a decision within 90 days.
§ 11 — LEGISLATIVE EXTENSIONS By law, within five days after the start of each regular legislative session, the claims commissioner must report on claims that remain undisposed for two years following the filing date or any granted or agreed-upon extension.
The office must notify the claimants that the legislature will consider these claims at its next regular session.
Under current law, the legislature has the option to grant the office an sHB5487 / File No.
540 24 sHB5487 File No.
540 extension for these claims.
The bill limits any extension to no later than the end of the next regular session.
§ 4 — CLAIM NOTICES The bill removes the requirement that claimants, when filing a claim notice with the office, file duplicate copies.
It requires the notice to include the telephone number and email address, if any, of the claimant, and if applicable, of the claimant’s principal and attorney, in addition to their names and addresses as under current law.
It also requires claimants or their attorneys to notify the office of any changes in address, telephone number, or email address.
Existing law requires the claim notice to indicate the amount requested.
The bill requires this to at least indicate whether the claim is not over $50,000, instead of under $35,000 as under current law.
The bill specifies that electronic claim notices are deemed to have been filed with the office on the date they were electronically sent.
COMMITTEE ACTION Judiciary Committee Joint Favorable Substitute Yea 36 Nay 0 (03/28/2024) sHB5487 / File No.
540 25
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 24-44

  5. ON CONSENT CALENDAR /IN CONCURRENCE

  6. SENATE PASSED

  7. SENATE CALENDAR NUMBER 387

  8. FAV. RPT., TAB. FOR CAL., SEN.

  9. ON CONSENT CALENDAR

  10. HOUSE PASSED

  11. FILE NO. 540

  12. HOUSE CALENDAR NUMBER 366

  13. FAV. RPT., TABLED FOR HOUSE CALENDAR

  14. RPTD. OUT OF LCO

  15. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/16/24

  16. FILED WITH LCO

  17. Joint Favorable Substitute

  18. PUBLIC HEARING 0318

  19. REF. TO JOINT COMM. ON Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

Show all 186 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate Roll Call Vote

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 23000
Unaffiliated 3000
Republican 10000
Total 36000
% of votes cast 100%0%0%0%
How each member voted (36)
Member Party Vote
Kevin C. Kelly — Yea
Lisa Seminara — Yea
Marilyn Moore — Yea
Bob Duff Democratic Yea
Catherine A. Osten Democratic Yea
Ceci Maher Democratic Yea
Christine Cohen Democratic Yea
Derek Slap Democratic Yea
Douglas McCrory Democratic Yea
Gary A. Winfield Democratic Yea
Herron Gaston Democratic Yea
James J. Maroney Democratic Yea
Jan Hochadel Democratic Yea
Joan V. Hartley Democratic Yea
John W. Fonfara Democratic Yea
Jorge Cabrera Democratic Yea
Julie Kushner Democratic Yea
MD Rahman Democratic Yea
Mae Flexer Democratic Yea
Martha Marx Democratic Yea
Martin M. Looney Democratic Yea
Matthew L. Lesser Democratic Yea
Norman Needleman Democratic Yea
Patricia Billie Miller Democratic Yea
Rick Lopes Democratic Yea
Saud Anwar Democratic Yea
Eric C. Berthel Republican Yea
Heather S. Somers Republican Yea
Henri Martin Republican Yea
Jeff Gordon Republican Yea
John A. Kissel Republican Yea
Paul Cicarella Republican Yea
Rob Sampson Republican Yea
Ryan Fazio Republican Yea
Stephen G. Harding Republican Yea
Tony Hwang Republican Yea

Official roll call →

House Roll Call Vote

Passed 147 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 79002
Republican 44000
Unaffiliated 24002
Total 147004
% of votes cast 97%0%0%3%
How each member voted (151)
Member Party Vote
Arnone — Yea
Khanna — Yea
Michel — Yea
Conley — Yea
Chaleski — Yea
Currey — Yea
Cheeseman — Yea
D'agostino — Yea
Cooley — Yea
Dancho — Yea
Palm — Yea
Denning — Not Voting
Porter — Yea
Ferraro — Yea
Cook — Yea
Ryan — Yea
Harrison — Yea
Figueroa — Yea
Hayes — Yea
Labriola — Not Voting
Tercyak — Yea
Mccarthy Vahey — Yea
Mccarty, K. — Yea
Morrin Bello — Yea
Sanchez, J. — Yea
Sanchez, R. — Yea
Aimee Berger-Girvalo Democratic Yea
Alphonse Paolillo Democratic Yea
Andre F. Baker Democratic Yea
Anne M. Hughes Democratic Yea
Anthony L. Nolan Democratic Yea
Antonio Felipe Democratic Yea
Aundre Bumgardner Democratic Yea
Bob Godfrey Democratic Yea
Bobby G. Gibson Democratic Yea
Brandon Chafee Democratic Yea
Christopher Poulos Democratic Yea
Christopher Rosario Democratic Yea
Corey P. Paris Democratic Not Voting
Derell Wilson Democratic Yea
Dominique Johnson Democratic Yea
Eleni Kavros DeGraw Democratic Yea
Emmanuel Sanchez Democratic Yea
Farley Santos Democratic Yea
Frank Smith Democratic Yea
Fred Gee Democratic Yea
Gary A. Turco Democratic Yea
Geoff Luxenberg Democratic Yea
Geraldo C. Reyes Democratic Yea
Gregory Haddad Democratic Yea
Hector Arzeno Democratic Yea
Henry J. Genga Democratic Not Voting
Hilda E. Santiago Democratic Yea
Hubert D. Delany Democratic Yea
Jaime S. Foster Democratic Yea
Jane M. Garibay Democratic Yea
Jason Doucette Democratic Yea
Jason Rojas Democratic Yea
Jennifer Leeper Democratic Yea
Jill Barry Democratic Yea
Jillian Gilchrest Democratic Yea
John-Michael Parker Democratic Yea
Jonathan Fazzino Democratic Yea
Jonathan Steinberg Democratic Yea
Joseph P. Gresko Democratic Yea
Josh Elliott Democratic Yea
Joshua M. Hall Democratic Yea
Juan R. Candelaria Democratic Yea
Julio A. Concepcion Democratic Yea
Kadeem Roberts Democratic Yea
Kai J. Belton Democratic Yea
Kara Rochelle Democratic Yea
Kate Farrar Democratic Yea
Kerry S. Wood Democratic Yea
Kevin Brown Democratic Yea
Larry B. Butler Democratic Yea
Liz Linehan Democratic Yea
Lucy Dathan Democratic Yea
Marcus Brown Democratic Yea
Maria P. Horn Democratic Yea
Mary Fortier Democratic Yea
Mary M. Mushinsky Democratic Yea
Mary Welander Democratic Yea
Maryam Khan Democratic Yea
Matt Blumenthal Democratic Yea
Matthew Ritter Democratic Yea
Melissa Osborne Democratic Yea
Michael D. Quinn Democratic Yea
Michael DiGiovancarlo Democratic Yea
Mike Demicco Democratic Yea
Minnie Gonzalez Democratic Yea
Moira Rader Democratic Yea
Patricia A. Dillon Democratic Yea
Patrick S. Boyd Democratic Yea
Raghib Allie-Brennan Democratic Yea
Robin E. Comey Democratic Yea
Roland J. Lemar Democratic Yea
Ronald A. Napoli Democratic Yea
Sarah Keitt Democratic Yea
Stephen R. Meskers Democratic Yea
Steven J. Stafstrom Democratic Yea
Susan M. Johnson Democratic Yea
Tammy R. Exum Democratic Yea
Toni E. Walker Democratic Yea
Travis Simms Democratic Yea
Trenee McGee Democratic Yea
William Heffernan Democratic Yea
Anne Dauphinais Republican Yea
Ben McGorty Republican Yea
Bill Buckbee Republican Yea
Brian Lanoue Republican Yea
Cara Christine Pavalock-D'Amato Republican Yea
Carol Hall Republican Yea
Chris Aniskovich Republican Yea
Christie M. Carpino Republican Yea
Craig C. Fishbein Republican Yea
Dave W. Yaccarino Republican Yea
David Rutigliano Republican Yea
Devin R. Carney Republican Yea
Donna Veach Republican Yea
Doug Dubitsky Republican Yea
Gale L. Mastrofrancesco Republican Yea
Greg S. Howard Republican Yea
Irene M. Haines Republican Yea
Jason Perillo Republican Yea
Jay M. Case Republican Yea
Joe Hoxha Republican Yea
Joe Polletta Republican Yea
John E. Piscopo Republican Yea
Joseph H. Zullo Republican Yea
Karen Reddington-Hughes Republican Yea
Kathy Kennedy Republican Yea
Kurt Vail Republican Yea
Lezlye Zupkus Republican Yea
Mark DeCaprio Republican Yea
Mark W. Anderson Republican Yea
Martin Foncello Republican Yea
Mitch Bolinsky Republican Yea
Nicole Klarides-Ditria Republican Yea
Patrick E. Callahan Republican Yea
Seth Bronko Republican Yea
Steve Weir Republican Yea
Tami Zawistowski Republican Yea
Tammy Nuccio Republican Yea
Tim Ackert Republican Yea
Tom Delnicki Republican Yea
Tom O'Dea Republican Yea
Tony J. Scott Republican Yea
Tracy Marra Republican Yea
Vincent J. Candelora Republican Yea
William Pizzuto Republican Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

Who sponsors HB 5487?
HB 5487 is sponsored by Lisa Seminara.
What is the current status of HB 5487?
This bill has been enacted into law. Introduced March 12, 2024. Enacted.
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