Bill Text: CT SB00248 | 2018 | General Assembly | Comm Sub

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Bill Title: An Act Concerning The Claims Against The State Of Paul Demaria.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-19 - File Number 606 [SB00248 Detail]

Download: Connecticut-2018-SB00248-Comm_Sub.html

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General Assembly		Raised Bill No. 248
February Session, 2018		LCO No. 1672
		*_____SB00248JUD___040418____*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE CLAIMS AGAINST THE STATE OF PAUL DEMARIA.

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, Paul DeMaria is authorized pursuant to the provisions of subsection (b) of section 4-148 of the general statutes to present his claims 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 due to 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 alleges failure on the part of one or more state actors to detect the presence of malignant mesothelioma in Sarah DeMaria, the decedent spouse of Paul DeMaria. The General Assembly further finds that such authorization remedies an injustice done to Sarah DeMaria and Paul DeMaria for which the state itself bears responsibility. 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. Claims authorized pursuant to this act 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 claims.

This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	New section

JUD

Joint Favorable