Connecticut HB 5430: AN ACT CONCERNING CLAIMS AGAINST THE STATE FOR MEDICAL MALPRACTICE AND INJURIES OCCURRING ON LANDS AVAILABLE TO THE PUBLIC FOR RECREATIONAL PURPOSES.

Bill Text

LCO No. 2298 1 of 9

General Assembly Raised Bill No. 5430
February Session, 2026 LCO No. 2298

Referred to Committee on JUDICIARY

Introduced by:
(JUD)

AN ACT CONCERNING CLAIMS AGAINST THE STATE FOR MEDICAL
MALPRACTICE AND INJURIES OCCURRING ON LANDS AVAILABLE
TO THE PUBLIC FOR RECREATIONAL PURPOSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 4-160 of the 2026 supplement to the general statutes 1
is repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) Whenever the Claims Commissioner deems it just and equitable, 4
the Claims Commissioner, the Deputy Claims Commissioner or a 5
special deputy may authorize suit against the state on any claim which, 6
in the opinion of the Claims Commissioner, presents an issue of law or 7
fact under which the state, were it a private person, could be liable. The 8
Claims Commissioner, the Deputy Claims Commissioner or a special 9
deputy may grant permission to sue for a claim that exclusively seeks 10
permission to sue the state based solely on the notice of claim or any 11
supporting evidence submitted pursuant to section 4-147, or both, 12
without holding a hearing, upon the filing by the attorney or pro se 13
claimant of (1) a motion for approval to assert a claim without a hearing, 14

Raised Bill No. 5430

LCO No. 2298 2 of 9

requesting a ruling based solely on the notice of the claim and any 15
supporting evidence submitted under the provisions of this chapter, 16
and (2) an affidavit attesting to the validity of a claim. Such affidavit 17
shall be signed, notarized and filed by both the attorney and claimant or 18
a pro se claimant, attesting to the following, in the following form: "I 19
have made a reasonable inquiry, as permitted by the circumstances, 20
which has given rise to a good faith belief that grounds exist for a suit 21
against the state. Such inquiry includes (provide a brief description of 22
the inquiry made)". The claimant shall serve any motion for approval 23
and affidavit on the office of the Attorney General and any state agency 24
that is a subject of the claim. The state may file an opposition to the 25
motion for approval and the affidavit not later than thirty days after 26
such service of the motion and affidavit. Such opposition shall be 27
limited to opposition of the claim based solely on jurisdictional grounds, 28
including pursuant to section 4-142, or subsection (a) of section 4-148, or 29
prosecutorial, judicial, quasi-judicial or legislative immunity. 30
(b) Any claim exclusively requesting permission to sue the state that 31
was filed more than three years prior to July 1, 2023, that has not been 32
disposed of by the Office of the Claims Commissioner, shall be referred 33
to a special deputy for proceedings in accordance with subsection (d) of 34
this section, unless the claimant expressly states the desire to have such 35
claim remain before the Claims Commissioner. 36
(c) If a claim exclusively requesting permission to sue the state 37
remains pending with the Office of the Claims Commissioner eighteen 38
months after the date on which such claim was filed with the office, a 39
claimant may file a notice indicating the passage of such eighteen 40
months with the Attorney General, the Governor and the joint standing 41
committee of the General Assembly having cognizance of matters 42
relating to the judiciary. The Claims Commissioner, Deputy Claims 43
Commissioner or a special deputy shall make all reasonable efforts to 44
render a decision on such claim not later than ninety days after the filing 45
of such notice, and the Office of the Claims Commissioner shall retain 46
jurisdiction over the disposition of such claim beyond the ninety-day 47

Raised Bill No. 5430

LCO No. 2298 3 of 9

period until the date for the end of the next regular session of the 48
General Assembly. If the Claims Commissioner, Deputy Claims 49
Commissioner or a special deputy does not issue a decision during such 50
ninety-day period, the claim shall be referred to a special deputy for 51
proceedings in accordance with subsection (d) of this section. The 52
provisions of this subsection shall not apply to a claim in which the 53
parties have not objected to an extension of time for the Office of the 54
Claims Commissioner to dispose of the claim. 55
(d) (1) If a claim is referred to a special deputy under subsection (b) 56
or (c) of this section, such special deputy shall review the notice of claim, 57
the state's notice of opposition and any discovery or other supporting 58
evidence, and may, if the special deputy deems it necessary, hold a 59
conference with the parties using telephonic or video conferencing 60
technology. Consideration of the state's opposition to such claims shall 61
be limited to jurisdictional grounds or prosecutorial, judicial, quasi-62
judicial or legislative immunity. The special deputy shall make a 63
determination to deny or