Section 4-159 - Submission of certain claims to legislature. Review and disposition of claims by legislature(a) Not later than five days after the convening of each regular session 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 Commissioner or a temporary 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, and (2) all claims for which a request for review has been filed pursuant to subsection (b) of section 4-158, together with a copy of the Claims Commissioner's, Deputy Commissioner's or temporary deputy's findings and the hearing record, if any, of each claim so reported.(b) The General Assembly shall:(1) With respect to a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy ordering the denial or dismissal of a claim pursuant to subdivision (1) of subsection (a) of section 4-158 or a decision of a temporary deputy ordering the denial or dismissal of a claim pursuant to subsection (d) of section 4-160: (A) Confirm the decision; 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;(2) With respect to a decision of the Claims Commissioner ordering the immediate payment of a just claim in an amount not exceeding thirty-five thousand dollars pursuant to subdivision (2) of subsection (a) of section 4-158:(A) Confirm the decision;(B) Modify the decision by ordering that a different amount be paid; or(C) Vacate the decision and, in lieu thereof, (i) order no payment be made, or (ii) authorize the claimant to sue the state;(3) With respect to a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy recommending payment of a just claim in an amount exceeding thirty-five thousand dollars pursuant to subdivision (3) of subsection (a) of section 4-158:(A) Accept the recommendation and order payment of the specified amount;(B) Modify the recommendation by ordering that a different amount be paid; or(C) Reject the recommendation and, in lieu thereof, (i) order no payment be made, or (ii) authorize the claimant to sue the state; or(4) With respect to a decision of the Claims Commissioner, the Deputy Claims Commissioner or a temporary deputy pursuant to subdivision (1), (2) or (3) of subsection (a) of section 4-158, or a decision of a temporary deputy pursuant to subsection (d) of section 4-160, remand the claim to the Office of the Claims Commissioner for such further proceedings as the General Assembly may direct.(c) The General Assembly may grant the claimant permission to sue the state under the provisions of this section when the General Assembly deems it just and equitable and believes the claim to present an issue of law or fact under which the state, were it a private person, could be liable.(d) If the General Assembly orders the payment of a claim, the Office of the Claims Commissioner shall provide a copy of the order to the Comptroller and the Comptroller shall make payment in the manner prescribed for payment of an order of the Claims Commissioner pursuant to section 4-158.(e) The review by the General Assembly of claims submitted to it by the Office of the Claims Commissioner under this section shall be conducted in accordance with such procedures as the General Assembly may prescribe.(1959, P.A. 685, S. 12; 1961, P.A. 476, S. 7; P.A. 75-605, S. 16, 27; P.A. 84-407, S. 4, 5; P.A. 89-208, S. 1, 2; P.A. 90-284, S. 1; P.A. 05-170 , S. 2 ; P.A. 07-217 , S. 8 ; Sept. Sp. Sess. P.A. 09-7, S. 175; P.A. 13-225 , S. 7 ; P.A. 16-127 , S. 17 .)
Amended by P.A. 23-0131, S. 9 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.Amended by P.A. 21-0091, S. 5 of the Connecticut Acts of the 2021 Regular Session, eff. 6/28/2021.Amended by P.A. 19-0182, S. 3 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 16-0127, S. 17 of the Connecticut Acts of the 2016 Regular Session, eff. 6/9/2016. Cited. 186 Conn. 300 ; 189 Conn. 550 ; 204 Conn. 17 ; 209 Conn. 679 ; 211 Conn. 199 ; 212 Conn. 415 ; 222 Conn. 280 ; 239 Conn. 265 . Cited. 20 Conn.App. 676 . Subsec. (c): Does not contain the phrase "jury trial" or reference a litigant's personal rights, thus legislature did not intend to confer upon any litigant the right to a jury trial and, therefore, Subsec. cannot be fairly construed to grant plaintiff all of the rights he would have had, namely the right to a jury trial, if the action were brought against a private person rather than the state. 182 CA 278 .