Senate Session Transcript for 02/18/2004

The Senate was called to order at 11: 50 A. M. , Senator Fasano of the 34th in the Chair.

The Senate will please come to order. Please give your attention to Acting Chaplain, Frank A. Forzano of South Windsor.

Oh God and our Father, we come this day, first of all, thanking You for the opportunity that we have to come together once again and we pray, oh God, that all things might be done for all mankind. We are thankful, Lord, that Thou art able to give us these things that we might be able to do that which would be beneficial to all of our constituents. Oh God, we ask now that Thy would pass Your benefits to all of us. We ask all of this in Your name. Amen.

Mr. President, the Clerk is in possession of Senate Agenda No. 1, dated Wednesday, February 18, 2004.

Mr. President, I move acceptance of Senate Agenda No. 1, dated Wednesday, February 18, 2004, in accordance with the provisions of Senate Rule 9.

(1) COMMUNICATION FROM THE GOVERNOR

(A) JUDICIARY NOMINATIONS - to be referred to Joint Committee(s).

REVISED

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable ELLIOT N. SOLOMON of Bolton to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

(2) INTRODUCTION OF SENATE AND HOUSE LIST OF BILLS AND RESOLUTIONS (LIST NO. 35) - to be waived and bills and resolutions to be referred to committee(s) indicated.

Mr. President, I move that the Senate stand adjourned, subject to the call of the Chair.

Hearing no objection, the Senate will stand adjourned, subject to the call of the Chair.

On motion of Senator Fonfara of the 1st, the Senate adjourned at 11: 53 A. M. , subject to the call of the Chair.

The following Communications from the Governor were inadvertently omitted from the Senate Journal dated February 4, 2004:

The following communications were received from His Excellency, the Governor, read by the Clerk and referred to the Joint Standing Committee on Judiciary.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable RICHARD E. ARNOLD of Orange to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable SIDNEY AXELROD of Milford to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable ROBERT E. BEACH, JR. of Glastonbury to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(1) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable ROBERT J. CALLAHAN of Norwalk to be a State Referee, to serve for a term of eight years from September 1, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable PATRICK L. CARROLL, III, of Shelton to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable LEONARD M. COCO of Trumbull to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JOHN T. DOWNEY of New Haven to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable CHRISTINA G. DUNNELL of Newington to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JOHN C. FLANAGAN of Hamden to be a State Referee, to serve for a term of eight years from July 4, 2004.

Pursuant to Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable PAUL M. FOTI of Branford to be a Judge of the Appellate Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JOSEPH T. GORMLEY, JR. of Cheshire to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable MICHAEL HARTMERE of Milford to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable WILLIAM F. HICKEY of Stamford to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable FRANK A. IANNOTTI of North Haven to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable ALFRED J. JENNINGS of Fairfield to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable John J. Ronan, who became a Judge Trial Referee on November 3, 2002.

Pursuant to article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable BURTON A. KAPLAN of Orange to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JOHN J. LANGENBACH of West Hartford to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable EDWARD J. LEAVITT of West Haven to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable JOSEPH A. MENGACCI of Middlebury to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Salvatore F. Arena, who took Senior status on November 16, 2002.

Pursuant to Section 31-276 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint the Honorable JAMES J. METRO of Sharon to be a Workers' Compensation Commissioner, to serve for a term of five years from April 30, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable GRANT MILLER of West Hartford to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Andre M. Kocay, who passed away on February 10, 2003.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable EDWARD J. MULLARKEY of Rocky Hill to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable A. SUSAN PECK of Chester to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable RUSSELL F. POTTER, JR. of Windham to be a Senior Judge, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JOSEPH J. PURTILL of Pawcatuck to be a State Referee, to serve for a term of eight years from March 12, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable JAMES K. ROBERTSON of Watertown to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Joseph Q. Koletsky, who took Senior status on March 17, 2003.

Pursuant to Section 31-276 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable NANCY E. SALERNO of Middlebury to be a Workers' Compensation Commissioner, to serve for a term of five years from the date of confirmation by you.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable THELMA A. SANTOS of West Hartford to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable WILLIAM M. SHAUGHNESSY of West Hartford to be a State Referee, to serve for a term o eight years from March 12, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JORGE A. SIMON of Glastonbury to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable ALLEN W. SMITH of Glastonbury to be a State Referee, to serve for a term of eight years from March 12, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable ELLIOTT N. SOLOMON of Bolton to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable JOSEPH L. STEINBERG of Hartford to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable GEORGE D. STOUGHTON of Bloomfield to be a State Referee, to serve for a term of eight years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable HILLARY BARGAR-STRACKBEIN of Guilford to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Alexandria D. DiPentima, who was appointed to the Appellate Court on May 13, 2003.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable MARK H. TAYLOR of West Hartford to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable C. Ian McLachlan, who was appointed to the Appellate Court on May 20, 2003.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable BRUCE W. THOMPSON of Branford to be a Judge of the Superior Court, to serve for a term of eight years from March 9, 2004.

Pursuant to Section 31-276 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint the Honorable AMADO VARGAS of Portland to be a Workers' Compensation Commissioner, to serve for a term of five years from March 29, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you the Honorable ELPIDIO N. VITALE of Woodbridge to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Terence A. Sullivan, who took Senior status on June 1, 2003.

Pursuant to Section 31-265 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint the Honorable ERNIE R. WALKER of Hartford to be a Workers' Compensation Commissioner, to serve for a term of five years from March 9, 2004.

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable BRADFORD J. WARD of West Hartford to be a Judge of the Superior Court, to serve for a term of eight years from March 8, 2004.

Pursuant to Section 52-434(a)(l) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable HOWARD F. ZOARSKI of Branford to be a State Referee, to serve for a term of eight years from March 12, 2004.