As used in this chapter:
(1) “Claim” means a petition for the payment or refund of money by the state or for permission to sue the state;
(2) “Just claim” means a claim which in equity and justice the state should pay, provided the state has caused damage or injury or has received a benefit;
(3) “Person” means any individual, firm, partnership, corporation, limited liability company, association or other group, including political subdivisions of the state;
(4) “State agency” includes every department, division, board, office, commission, arm, agency and institution of the state government, whatever its title or function; and
(5) “State officers and employees” includes (A) every person elected or appointed to or employed in any office, position or post in the state government, whatever such person's title, classification or function and whether such person serves with or without remuneration or compensation, including judges of probate courts, employees of such courts and special limited conservators appointed by such courts pursuant to section 17a-543a, and (B) attorneys appointed as victim compensation commissioners, attorneys appointed by the Public Defender Services Commission as public defenders, assistant public defenders or deputy assistant public defenders and attorneys appointed by the court as Division of Public Defender Services assigned counsel, individuals appointed by the Public Defender Services Commission, or by the court, as a guardian ad litem or attorney for a party in a neglect, abuse, termination of parental rights, delinquency or family with service needs proceeding, the Attorney General, the Deputy Attorney General and any associate attorney general or assistant attorney general, any other attorneys employed by any state agency, any commissioner of the Superior Court hearing small claims matters or acting as a fact-finder, arbitrator or magistrate or acting in any other quasi-judicial position, any person appointed to a committee established by law for the purpose of rendering services to the Judicial Department, including, but not limited to, the Legal Specialization Screening Committee, the State-Wide Grievance Committee, the Client Security Fund Committee, the advisory committee appointed pursuant to section 51-81d and the State Bar Examining Committee, any member of a multidisciplinary team established by the Commissioner of Children and Families pursuant to section 17a-106a, the Municipal Electric Consumer Advocate selected pursuant to section 7-121f, the Independent Consumer Advocate selected pursuant to section 7-334a, and any physicians or psychologists employed by any state agency. “State officers and employees” does not include any medical or dental intern, resident or fellow of The University of Connecticut when (i) the intern, resident or fellow is assigned to a hospital affiliated with the university through an integrated residency program, and (ii) such hospital provides protection against professional liability claims in an amount and manner equivalent to that provided by the hospital to its full-time physician employees.
(1959, P.A. 685, S. 1; P.A. 76-371, S. 1, 5; P.A. 80-153, S. 1; 80-197, S. 1; P.A. 84-74, S. 1, 2; P.A. 85-152, S. 1; P.A. 86-110; P.A. 91-349, S. 1, 8; P.A. 93-310, S. 28, 32; P.A. 95-79, S. 8, 189; P.A. 96-246, S. 23; P.A. 99-215, S. 1; P.A. 04-160, S. 4; 04-257, S. 2; May Sp. Sess. P.A. 04-2, S. 19; P.A. 11-51, S. 9, 19; 11-152, S. 7; P.A. 16-127, S. 2; P.A. 18-50, S. 25.)
History: P.A. 76-371 included public defenders or assistant public defenders appointed by public defenders services commission, attorney general, deputy attorney general, assistant attorneys general and any other attorney appointed by state agency and physicians and psychologists employed by state agencies in definition of “state officers and employees”; P.A. 80-153 included commissioners of superior court hearing small claims matters in definition of “state officers and employees”; P.A. 80-197 included deputy assistant public defenders and special assistant public defenders as state officers and employees; P.A. 84-74 included any “associate attorney general” in the definition of state officers and employees; P.A. 85-152 included fact-finders, arbitrators, magistrates, persons in quasi-judicial positions and certain appointees rendering service to the judicial department in definition of “state officers and employees”; P.A. 86-110 included judges of probate court and employees of such courts in definition of “state officers and employees”; P.A. 91-349 added exception to the definition of state officers and employees for medical and dental interns, residents and fellows of The University of Connecticut; P.A. 93-310 added “attorneys appointed as victim compensation commissioners”, effective July 1, 1993; P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 96-246 included members of multidisciplinary team established by Commissioner of Children and Families in definition of “state officers and employers”; P.A. 99-215 included the State-Wide Grievance Committee and the Client Security Fund Committee in the definition of “state officers and employees” and made technical changes; P.A. 04-160 added provision re special limited conservators appointed pursuant to Sec. 17a-543a; P.A. 04-257 made technical changes, effective June 14, 2004; May Sp. Sess. P.A. 04-2 added provision re advisory committee appointed pursuant to Sec. 51-81d and made technical changes; P.A. 11-51 substituted “Division of Public Defender Services assigned counsel” for “special assistant public defenders”, effective July 1, 2011; pursuant to P.A. 11-51, “Commission on Child Protection” was changed editorially by the Revisors to “Public Defender Services Commission”, effective July 1, 2011; P.A. 11-152 redefined “state officers and employees” to include individuals appointed by Public Defender Services Commission, or by the court, as guardian ad litem or attorney in a neglect, abuse, termination of parental rights, delinquency or family with service needs proceeding; P.A. 16-127 designated existing definitions as Subdivs. (1) to (5) and made technical changes, effective June 9, 2016; P.A. 18-50 redefined “state officers and employees” to include Municipal Electric Consumer Advocate and Independent Consumer Advocate, effective May 24, 2018.
Teacher in local school system does not come within definition. 180 C. 96. Cited. 186 C. 300; 189 C. 550; 190 C. 622; 204 C. 17; 207 C. 59; 216 C. 85. Plaintiffs in their role as foster parents were “employees” of the state as that term is used in section. 238 C. 146. Cited. 239 C. 265. “Claim” means petition for permission to sue state for payment or refund of money. 271 C. 96.
Cited. 40 CA 460.
Cited. 26 CS 24; 40 CS 251.
Structure Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 53 - Claims Against the State
Section 4-146. - Notice of injury by claimant.
Section 4-147. - Notice of claim. Filing fees.
Section 4-148. - Limitation on presentation of claim. Exceptions.
Section 4-149. - Representation by the Attorney General.
Section 4-151a. - Waiver of hearings.
Section 4-152. - Misbehavior at proceedings.
Section 4-153. - Records of claims.
Section 4-154. - Time limit for decision. Notice to claimant.
Section 4-155. - Disqualification of commission member.
Section 4-157. - Rules of procedure.
Section 4-160. - Authorization of actions against the state.
Section 4-160a. - Payments not recoverable under insurance policy.
Section 4-160b. - Subrogated or assigned claims. Reduction by amount of third party payment.
Section 4-162. - Deficiency appropriation to cover payments.
Section 4-163. - Fraud in presentation of claim.
Section 4-164. - Appeal from forfeiture.
Section 4-165. - Immunity of state officers and employees from personal liability.
Section 4-165a. - Transitional provisions.