JOURNAL OF THE HOUSE

Thursday, May 24, 2007

The House of Representatives was called to order at 11: 44 o'clock a. m. , Speaker James A. Amann in the Chair.

Prayer was offered by the House Chaplain, Reverend Michael S. Galasso of Hartford, Connecticut.

The following is the prayer:

Let us pray. Heavenly Father, bless this gathering on this beautiful Spring day as we prepare to deliberate over the bills to be presented by the various committees. Give us wisdom to decide rightly the needs of our people. Amen.

The Pledge of Allegiance was led by Representative Abercrombie of the 83rd District.

COMMUNICATION

The following communication was received on the date indicated, read by the Clerk and referred to the Committee indicated:

Communication - City of New Haven - Board of Alderman - Resolution - File No. LM-07-0174 - Medicaid Reimbursement. Date Received: May 23, 2007

Referred to the Committees on Human Services and Planning and Development.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

HOUSE BILLS PASSED

The following bills were taken from the table, read the third time, the reports of the committees indicated accepted and the bills passed.

APPROPRIATIONS. Substitute for H. B. No. 6949 (COMM) (File No. 703) AN ACT CONCERNING A SERVICE BONUS FOR CERTAIN MEMBERS OF THE CONNECTICUT NATIONAL GUARD ON ACTIVE SERVICE WITH THE ARMED FORCES.

The bill was explained by Representative Graziani of the 57th who offered House Amendment Schedule "A" (LCO 7729) and moved its adoption.

The amendment was discussed by Representatives Alberts of the 50th and Belden of the 113th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 7729):

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 27-138 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Soldiers, Sailors and Marines Fund shall remain as established and shall be in the custody of the Treasurer as trustee of [said] the fund and shall be administered by the treasurer of the American Legion. The Treasurer shall [administer said] invest the fund [as required by the provisions of this chapter,] and shall reinvest as much of [said] the fund as is not required for current disbursement in accordance with the provisions of part I of chapter 32. The interest accumulations of the fund so held in trust or so much thereof as is found necessary to carry out the purposes hereinafter stated shall be paid, upon the order of the Comptroller, upon such statements as [he] the Comptroller may require, to the treasurer of the American Legion, who shall disburse the same, and the balance of said accumulations, except for a reserve of one hundred thousand dollars held in custody of the trustee for contingent purposes, shall at the end of each fiscal year be added to the principal of the fund. If the interest accumulations of the fund, together with available appropriations, if any, of other funds, are insufficient to carry out the purposes of this part, the Finance Advisory Committee, upon recommendation of the Governor, shall make appropriations therefor from the state General Fund, limited, however, for any fiscal year to amounts which, together with said interest accumulations for such year, shall not exceed the annual interest on thirty-five million dollars at the average rate of the investment yield earned during the preceding fiscal year on the Soldiers, Sailors and Marines Fund, provided, in case of disaster constituting an emergency, as declared by the Governor, the Finance Advisory Committee may make additional appropriations to [said] the fund without regard to such limitation. Payments to the treasurer of the American Legion shall be made at such definite and stated periods as are necessary to meet the convenience of the American Legion and said trustee; but each payment shall be made upon the order of the treasurer of the American Legion, approved by at least two of its executive officers or of a special committee thereof thereunto specially authorized. No part of the interest accumulation of [said] the fund shall be expended for the purpose of maintaining the American Legion.

Sec. 502. Section 27-138a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [trustee] treasurer of the American Legion as administrator of the Soldiers, Sailors and Marines Fund [shall] may make available at each town clerk's office a copy of the regulations of [said] the fund and applications for aid from [said] the fund.

Sec. 503. Section 27-140 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

All money so paid to and received by the American Legion shall be expended by it in furnishing food, wearing apparel, medical or surgical aid or care or relief to, or in bearing the funeral expenses of, soldiers, sailors or marines who performed service in time of war, as defined in subsection (a) of section 27-103, in any branch of the military service of the United States, including the Connecticut National Guard, or who were engaged in any of the wars waged by the United States during said periods in the forces of any government associated with the United States, who have been honorably discharged therefrom or honorably released from active service therein, and who were citizens or resident aliens of the state at the time of entering said armed forces of the United States, including the Connecticut National Guard, or of any such government, or to their spouses who are living with them, or to their widows or widowers who were living with them at the time of death, or dependent children under eighteen years of age, who may be in need of the same. All such payments shall be made by the American Legion under authority of its bylaws, which bylaws shall set forth the procedure for proof of eligibility for such aid, [and shall be approved by the trustee,] provided payments made for the care and treatment of any person entitled to the benefits provided for herein, at any hospital receiving aid from the General Assembly unless special care and treatment are required, shall be in accordance with the provisions of section 17b-239, and provided the sum expended for the care or treatment of such person at any other place than a state-aided hospital shall in no case exceed the actual cost of supporting such person at the Veterans' Home, unless special care and treatment are required, when such sum as may be determined by the treasurer of such organization may be paid therefor. The treasurer of such organization shall account to [said trustee] the Governor and the General Assembly during the months of January, April, July and October for all moneys disbursed by it during the three months next preceding the first day of either of said months, and such account shall show the amount of and the name and address of each person to whom such aid has been furnished. Upon the completion of the trust provided for in section 27-138, the principal fund [so held by said trustee] shall revert to the State Treasury. "

The bill was discussed by Representatives Alberts of the 50th, Nicastro of the 79th and Kalinowski of the 100th.

The Speaker ordered the vote be taken by roll call at 12: 24 p. m.

The following is the result of the vote:

Total Number Voting 139

Necessary for Passage 70

Those voting Yea 139

Those voting Nay 0

Those absent and not voting 12

On a roll call vote House Bill No. 6949 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

APPROPRIATIONS. Substitute for H. B. No. 5639 (COMM) (File No. 694) AN ACT CONCERNING THE CLOSING OF A LONG-TERM CARE FACILITY.

The bill was explained by Representative Villano of the 91st who offered House Amendment Schedule "A" (LCO 7358) and moved its adoption.

The amendment was discussed by Representatives Gibbons of the 150th, Belden of the 113th, O'Neill of the 69th, Alberts of the 50th, Ruwet of the 65th, Miller of the 122nd and Caron of the 44th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 7358):

Strike lines 41-76 in their entirety and substitute the following in lieu thereof:

"(c) In conducting its activities pursuant to this section, section 17b-352 or both, the commissioner or said commissioner's designee [may] shall hold a public hearing [on an] upon the earliest occurrence of: (1) Receipt of any letter of intent submitted by a facility to the department, or (2) receipt of any certificate of need application [or on more than one application, if such applications are of a similar nature with respect to the request. At least two weeks' notice of the hearing shall be given to the] submitted by a facility. The commissioner, or the commissioner's designee shall provide both the facility and the public with notice of the date of the hearing not less than fourteen days in advance of such date. Notice to the facility shall be by certified mail and notice to the public shall be by publication in a newspaper having a substantial circulation in the area served by the facility. Such hearing shall be held at the [discretion of the commissioner in Hartford or in the area so served] facility for which the letter of intent or certificate of need application was submitted not later than thirty days after the date on which such letter or application was received by the commissioner. The commissioner or said commissioner's designee shall consider such request in relation to the community or regional need for such capital program or purchase of land, the possible effect on the operating costs of the facility and such other relevant factors as the commissioner or said commissioner's designee deems necessary. In approving or modifying such request, the commissioner or said commissioner's designee may not prescribe any condition, such as, but not limited to, any condition or limitation on the indebtedness of the facility in connection with a bond issued, the principal amount of any bond issued or any other details or particulars related to the financing of such capital expenditure, not directly related to the scope of such capital program and within the control of the facility. If the hearing is conducted by a designee of the commissioner, the designee shall submit any findings and recommendations to the commissioner. The commissioner shall grant, modify or deny such request within ninety days, except as provided for in this section. Upon the request of the applicant, the review period may be extended for an additional fifteen days if the commissioner or said commissioner's designee has requested additional information subsequent to the commencement of the review period. The commissioner or said commissioner's designee may extend the review period for a maximum of thirty days if the applicant has not filed in a timely manner information deemed necessary by the commissioner or said commissioner's designee. No facility shall be allowed to close, terminate a service or decrease substantially its total bed capacity until such time as a public hearing has been held in accordance with the provisions of this section and the commissioner has approved the facility's request. The commissioner may impose a civil penalty of not more than five thousand dollars on any facility that fails to comply with the provisions of this subsection. Penalty payments received by the commissioner pursuant to this subsection shall be deposited in the special fund established by the department pursuant to subsection (c) of section 17b-357 and used for the purposes specified in said subsection (c). "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (b) of section 19a-545 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) Not later than ninety days after appointment as a receiver, such receiver shall take all necessary steps to stabilize the operation of the facility in order to ensure the health, safety and welfare of the residents of such facility. In addition, within a reasonable time period after the date of appointment, not to exceed six months, the receiver shall: (1) Determine whether the facility can continue to operate and provide adequate care to residents in substantial compliance with applicable federal and state law within the facility's state payments as established by the Commissioner of Social Services pursuant to subsection (f) of section 17b-340, together with income from self-pay residents, Medicare payments and other current income and shall report such determination to the court; [and] (2) determine the amount of state payments that would be necessary to continue to operate the facility in a manner that provides adequate care to residents in compliance with applicable federal and state law, together with income from self-pay residents, Medicare payments and other current income, if the existing rate is determined by the receiver to be inadequate to continue the facility's operations, and shall report such determination to the court; and (3) seek facility purchase proposals. If the receiver determines that the facility will be unable to continue to operate in compliance with said requirements, the receiver shall request an [immediate] order of the court to close the facility and, if granted, make arrangements for the orderly transfer of residents pursuant to subsection (a) of this section unless the receiver determines that a transfer of the facility to a qualified purchaser is expected [within ninety days] during the six-month period commencing on the date of the receiver's appointment or within a reasonable period of time if beyond six months. If a transfer is not completed within [one hundred eighty days of the appointment of the receiver] such period and all purchase and sale proposal efforts have been exhausted, the receiver shall request an immediate order of the court to close the facility and make arrangements for the orderly transfer of residents pursuant to subsection (a) of this section.

Sec. 502. Subdivision (16) of subsection (f) of section 17b-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(16) The interim rate established to become effective upon sale of any licensed chronic and convalescent home or rest home with nursing supervision for which a receivership has been imposed pursuant to sections 19a-541 to 19a-549, inclusive, shall not exceed the rate in effect for the facility at the time of the imposition of the receivership, subject to any annual increases permitted by this section; provided [if such rate is less than the median rate for the facility's peer grouping, as defined in subdivision (2) of this subsection,] the Commissioner of Social Services may, in the commissioner's discretion, and after consultation with the receiver, establish an increased rate for the facility [not to exceed such median rate unless the Secretary of the Office of Policy and Management, after review of area nursing facility bed availability and other pertinent factors, authorizes the Commissioner of Social Services to establish a rate higher than the median rate. In the event the rate in effect for the facility at the time of imposition of the receivership is greater than the median rate for the facility's peer grouping, as defined in subdivision (2) of this subsection, the Secretary of the Office of Policy and Management, after review of area nursing facility bed availability and other pertinent factors, may authorize the Commissioner of Social Services to establish an increased interim rate] if the commissioner determines that such higher rate is needed to keep the facility open and to ensure the health, safety and welfare of the residents at such facility. "

The Speaker ordered the vote be taken by roll call at 1: 10 p. m.

The following is the result of the vote:

Total Number Voting 142

Necessary for Passage 72

Those voting Yea 101

Those voting Nay 41

Those absent and not voting 9

On a roll call vote House Bill No. 5639 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

BUSINESS ON THE CALENDAR

MATTERS REFERRED TO THE COMMITTEE ON

APPROPRIATIONS

On motion of Representative Walker of the 93rd District, the following matters were referred to the Committee on Appropriations.

PUBLIC SAFETY AND SECURITY. Substitute for H. B. No. 7084 (RAISED) (File Nos. 645 and 855) AN ACT ESTABLISHING AN URBAN VIOLENCE REDUCTION GRANT PROGRAM.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 7314 (RAISED) (File Nos. 264 and 856) AN ACT ESTABLISHING THE STATE HEALTH INSURANCE PURCHASING POOL PROGRAM.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

HOUSE BILL PASSED

The following bill was taken from the table, read the third time, the report of the committee indicated accepted and the bill passed.

FINANCE, REVENUE AND BONDING. H. B. No. 7281 (RAISED) (File No. 676) AN ACT CONCERNING PROPERTY TAX EXEMPTIONS FOR CERTAIN MACHINERY AND EQUIPMENT.

The bill was explained by Representative Moukawsher of the 40th who offered House Amendment Schedule "A" (LCO 7821) and moved its adoption.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 7821):

In line 230, strike "for any reason" and insert in lieu thereof "to reflect a correction due to a clerical omission or mistake, or to reflect a correction that is supported by documentation provided by an assessor"

In line 234, insert an opening bracket before "five"

In line 235, insert a closing bracket after "days" and after the closing bracket insert "the twenty-fourth day of December"

The Speaker ordered the vote be taken by roll call at 1: 19 p. m.

The following is the result of the vote:

Total Number Voting 141

Necessary for Passage 71

Those voting Yea 141

Those voting Nay 0

Those absent and not voting 10

On a roll call vote House Bill No. 7281 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

SENATE BILL PASSED

The following bill was taken from the table, read the third time, the report of the committee indicated accepted and the bill passed.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 1318 (RAISED) (File No. 188) AN ACT CONCERNING PUBLIC INSTITUTION OF HIGHER EDUCATION SYSTEM TRANSFER AND ARTICULATION PROCESS. (As amended by Senate Amendment Schedule "A").

The bill was explained by Representative Willis of the 64th who offered Senate Amendment Schedule "A" (LCO 7263) and moved its adoption.

The amendment was discussed by Representatives Giuliano of the 23rd, Hovey of the 112th Sawyer of the 55th and Cafero of the 142nd.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The Speaker ordered the vote be taken by roll call at 1: 32 p. m.

The following is the result of the vote:

Total Number Voting 141

Necessary for Passage 71

Those voting Yea 141

Those voting Nay 0

Those absent and not voting 10

On a roll call vote Senate Bill No. 1318 as amended by Senate Amendment Schedule "A" was passed in concurrence with the Senate.

The following is the roll call vote:

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

HOUSE BILLS PASSED

The following bills were taken from the table, read the third time, the reports of the committees indicated accepted and the bills passed.

JUDICIARY. H. B. No. 7085 (File No. 601) AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN SEXUAL ASSAULT OFFENSES USING DNA EVIDENCE.

The bill was explained by Representative Lawlor of the 99th who offered House Amendment Schedule "A" (LCO 7935) and moved its adoption.

The amendment was discussed by Representatives O'Neill of the 69th, Noujaim of the 74th, Sawyer of the 55th,

DEPUTY SPEAKER GODFREY IN THE CHAIR

Berger of the 73rd, Miller of the 122nd and Stone of the 9th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 7935):

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Subsection (a) of section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record, [and] residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 502. Subsection (a) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, register such person's name, identifying factors [,] and criminal history record, documentation of any treatment received by such person for mental abnormality or personality disorder, and such person's residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 503. Subsection (b) of section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 504. Subsection (c) of section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(c) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who is employed in this state, carries on a vocation in this state or is a student in this state, shall, without undue delay after the commencement of such employment, vocation or education in this state, register such person's name, identifying factors [,] and criminal history record, locations visited on a recurring basis, [or] and such person's residence address, if any, in this state, [and] residence address in such person's home state and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a sexual offender in such other state. If such person terminates such person's employment, vocation or education in this state, [or] changes such person's address in this state or establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such termination, [or] new address or identifier.

Sec. 505. Subsection (a) of section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person's name, identifying factors, criminal history record, [and] residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 506. Subsection (a) of section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any court, the Commissioner of Correction or the Psychiatric Security Review Board, prior to releasing into the community any person convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, except a person being released unconditionally at the conclusion of such person's sentence or commitment, shall require as a condition of such release that such person complete the registration procedure established by the Commissioner of Public Safety under sections 54-251, 54-252 and 54-254, as amended by this act. The court, the Commissioner of Correction or the Psychiatric Security Review Board, as the case may be, shall provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, and transmit the completed registration package to the Commissioner of Public Safety who shall enter the information into the registry established under section 54-257. If a court transmits the completed registration package to the Commissioner of Public Safety with respect to a person released by the court, such package need not include identifying factors for such person. In the case of a person being released unconditionally who declines to complete the registration package through the court or the releasing agency, the court or agency shall: (1) Except with respect to information that is not available to the public pursuant to court order, rule of court or any provision of the general statutes, provide to the Commissioner of Public Safety the person's name, date of release into the community, anticipated residence address, if known, and criminal history record, any known treatment history of such person, any electronic mail address, instant message address or other similar Internet communication identifier for such person, if known, and any other relevant information; (2) inform the person that such person has an obligation to register within three days with the Commissioner of Public Safety for a period of ten years following the date of such person's release or for life, as the case may be, [and] that if such person changes such person's address such person shall within five days register the new address in writing with the Commissioner of Public Safety and, if the new address is in another state or if such person is employed in another state, carries on a vocation in another state or is a student in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders, and that if such person establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier such person shall, within five days, register such identifier with the Commissioner of Public Safety; (3) provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, as explained to the person under subdivision (2) of this section; and (4) make a specific notation on the record maintained by that agency with respect to such person that the registration requirements were explained to such person and that such person was provided with a written summary of such person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act.

Sec. 507. Subsection (a) of section 54-258 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) (1) Notwithstanding any other provision of the general statutes, except subdivisions (3), [and] (4) and (5) of this subsection, the registry maintained by the Department of Public Safety shall be a public record and shall be accessible to the public during normal business hours. The Department of Public Safety shall make registry information available to the public through the Internet. Not less than once per calendar quarter, the Department of Public Safety shall issue notices to all print and electronic media in the state regarding the availability and means of accessing the registry. Each local police department and each state police troop shall keep a record of all registration information transmitted to it by the Department of Public Safety, and shall make such information accessible to the public during normal business hours.

(2) Any state agency, the Judicial Department, any state police troop or any local police department may, at its discretion, notify any government agency, private organization or individual of registration information when such agency, said department, such troop or such local police department, as the case may be, believes such notification is necessary to protect the public or any individual in any jurisdiction from any person who is subject to registration under section 54-251, 54-252, 54-253 or 54-254, as amended by this act.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department, state police troops and local police departments shall not disclose the identity of any victim of a crime committed by a registrant or treatment information provided to the registry pursuant to sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, except to government agencies for bona fide law enforcement or security purposes.

(4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, registration information the dissemination of which has been restricted by court order pursuant to section 54-255 and which is not otherwise subject to disclosure, shall not be a public record and shall be released only for law enforcement purposes until such restriction is removed by the court pursuant to said section.

(5) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a registrant's electronic mail address, instant message address or other similar Internet communication identifier shall not be a public record, except that the Department of Public Safety may release such identifier for law enforcement or security purposes in accordance with regulations adopted by the department. The department shall adopt regulations in accordance with chapter 54 to specify the circumstances under which and the persons to whom such identifiers may be released including, but not limited to, providers of electronic communication service or remote computing service, as those terms are defined in section 509 of this act, and operators of Internet web sites, and the procedure therefor.

[(5)] (6) When any registrant completes the registrant's term of registration or is otherwise released from the obligation to register under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, the Department of Public Safety shall notify any state police troop or local police department having jurisdiction over the registrant's last reported residence address that the person is no longer a registrant, and the Department of Public Safety, state police troop and local police department shall remove the registrant's name and information from the registry.

Sec. 508. (NEW) (Effective October 1, 2007) (a) A person is guilty of misrepresentation of age to entice a minor when such person, in the course of and in furtherance of the commission of a violation of section 53a-90a of the general statutes, intentionally misrepresents such person's age.

(b) Misrepresentation of age to entice a minor is a class C felony.

Sec. 509. (NEW) (Effective October 1, 2007) (a) For the purposes of this section:

(1) "Basic subscriber information" means: (A) Name, (B) address, (C) age or date of birth, (D) electronic mail address, instant message address or other similar Internet communication identifier, and (E) subscriber number or identity, including any assigned Internet protocol address;

(2) "Electronic communication" means "electronic communication" as defined in 18 USC 2510, as amended from time to time;

(3) "Electronic communication service" means "electronic communication service" as defined in 18 USC 2510, as amended from time to time;

(4) "Registrant" means a person required to register under section 54-251, 54-252, 54-253 or 54-254 of the general statutes, as amended by this act;

(5) "Remote computing service" means "remote computing service" as defined in section 18 USC 2711, as amended from time to time; and

(6) "Wire communication" means "wire communication" as defined in 18 USC 2510, as amended from time to time.

(b) The Commissioner of Public Safety shall designate a sworn law enforcement officer to serve as liaison between the department and providers of electronic communication services or remote computing services to facilitate the exchange of nonpersonally identifiable information concerning registrants.

(c) Whenever such designated law enforcement officer ascertains from such exchange of nonpersonally identifiable information that there are subscribers, customers or users of such providers who are registrants, such officer shall initiate a criminal investigation to determine if such registrants are in violation of the registration requirements of section 54-251, 54-252, 54-253 or 54-254 of the general statutes, as amended by this act, or of the terms and conditions of their parole or probation by virtue of being subscribers, customers or users of such providers.

(d) Such designated law enforcement officer may request an ex parte order from a judge of the Superior Court to compel a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to subscribers, customers or users who have been identified by such provider to be registrants. The judge shall grant such order if the law enforcement officer offers specific and articulable facts showing that there are reasonable grounds to believe that the basic subscriber information sought is relevant and material to the ongoing criminal investigation. The order shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement officer shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier.

(e) A provider of electronic communication service or remote computing service shall disclose basic subscriber information to such designated law enforcement officer when an order is issued pursuant to subsection (d) of this section.

(f) A provider of electronic communication service or remote computing service that provides information in good faith pursuant to an order issued pursuant to subsection (d) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.

Sec. 510. Section 54-259a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a Risk Assessment Board consisting of the Commissioner of Correction, the Commissioner of Mental Health and Addiction Services, the Commissioner of Public Safety, the Chief State's Attorney, the Chief Public Defender, the chairperson of the Board of Pardons and Paroles, the executive director of the Court Support Services Division of the Judicial Department and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety, or their designees, a victim advocate with experience working with sexual assault victims and sexual offenders appointed by the Governor, a forensic psychiatrist with experience in the treatment of sexual offenders appointed by the Governor and a person trained in the identification, assessment and treatment of sexual offenders appointed by the Governor.

(b) The board shall develop a risk assessment scale that assigns weights to various risk factors including, but not limited to, the seriousness of the offense, the offender's prior offense history, the offender's characteristics, the availability of community supports, whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community and whether the offender demonstrates a physical condition that minimizes the risk of reoffending, and specifies the risk level to which offenders with various risk assessment scores shall be assigned.

(c) The board shall use the risk assessment scale to assess the risk of reoffending of each person subject to registration under this chapter, including incarcerated offenders who are within one year of their estimated release date, and assign each such person a risk level of high, medium or low.

(d) The board shall use the risk assessment scale to determine which offenders should be prohibited from residing within one thousand feet of the real property comprising a public or private elementary or secondary school or a facility providing child day care services, as defined in section 19a-77.

[(d)] (e) Not later than [February 1, 2007] October 1, 2007, the board shall submit a report to the joint standing committee of the General Assembly on the judiciary in accordance with section 11-4a setting forth its findings and recommendations concerning: (1) Whether information about sexual offenders assigned a risk level of high, medium or low should be made available to the public through the Internet; (2) the types of information about sexual offenders that should be made available to the public through the Internet which may include, but not be limited to, (A) the name, residential address, physical description and photograph of the registrant, (B) the offense or offenses of which the registrant was convicted or found not guilty by reason of mental disease or defect that required registration under this chapter, (C) a brief description of the facts and circumstances of such offense or offenses, (D) the criminal record of the registrant with respect to any prior convictions or findings of not guilty by reason of mental disease or defect for the commission of an offense requiring registration under this chapter, and (E) the name of the registrant's supervising correctional, probation or parole officer, and contact information for such officer; (3) whether any of the persons assigned a high risk level by the board pursuant to subsection (c) of this section meets the criteria for civil commitment pursuant to section 17a-498; (4) whether additional restrictions should be placed on persons subject to registration under this chapter such as curfews and intensive monitoring on certain holidays; [and] (5) whether persons convicted of a sexual offense who pose a high risk of reoffending should be required to register under this chapter regardless of when they were convicted or released into the community; and (6) whether persons determined to be guilty with adjudication withheld in any other state or jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250 should be required to register under this chapter.

Sec. 511. Subsections (a) and (b) of section 54-255 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person for a violation of section 53a-70b, the court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The victim may at any time petition the court to remove the restriction on the dissemination of such registration information and to make such registration information available to the public. The court shall remove the restriction on the dissemination of such registration information if, at any time, the court finds that public safety requires that such person's registration information be made available to the public or that a change of circumstances makes publication of such registration information no longer likely to reveal the identity of the victim within the community where the victim resides. Prior to ordering or removing the restriction on the dissemination of such person's registration information, the court shall consider any information or statements provided by the victim.

(b) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21, the court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The victim may at any time petition the court to remove the restriction on the dissemination of such registration information and to make such registration information available to the public. The court shall remove the restriction on the dissemination of such registration information if, at any time, it finds that public safety requires that such person's registration information be made available to the public or that a change in circumstances makes publication of the registration information no longer likely to reveal the identity of the victim within the community where the victim resides.

Sec. 512. Subsection (b) of section 17a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist, psychologist, coach of intramural or interscholastic athletics, school teacher, school principal, school guidance counselor, school paraprofessional, school coach, social worker, police officer, juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a battered women's counselor as defined in section 52-146k, any person who is a licensed professional counselor, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, the Child Advocate and any employee of the Office of Child Advocate and any person paid to service or repair personal computers.

Sec. 513. Section 17a-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

Any mandated reporter, as defined in section 17a-101, as amended by this act, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive. Any person required to report under the provisions of this section who fails to make such report shall be fined not less than five hundred dollars [nor] or more than two thousand five hundred dollars and shall be required to participate in an educational and training program pursuant to subsection (d) of section 17a-101.

Sec. 514. Subsection (b) of section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) Whenever a person is convicted or found not guilty by reason of mental disease or defect of an offense that will require such person to register under section 54-251, 54-252 or 54-254, the [court] state's attorney for the judicial district in which the offense was committed shall provide to the Department of Public Safety a written summary of the offense that includes the age and sex of any victim of the offense and a specific description of the offense. Such summary shall be added to the registry information made available to the public through the Internet. "

The bill was discussed by Representatives Dyson of the 94th, Dillon of the 94th and Noujaim of the 74th.

The Speaker ordered the vote be taken by roll call at 2: 50 p. m.

The following is the result of the vote:

Total Number Voting 149

Necessary for Passage 75

Those voting Yea 149

Those voting Nay 0

Those absent and not voting 2

On a roll call vote House Bill No. 7085 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

APPROPRIATIONS. H. B. No. 6893 (COMM) (File No. 702) AN ACT CONCERNING EXPANDED OUTREACH AND COMMUNICATION ACTIVITIES BY THE CHOICES HEALTH INSURANCE ASSISTANCE PROGRAM.

The bill was explained by Representative Abercrombie of the 83rd.

The bill was discussed by Representative Gibbons of the 150th.

The Speaker ordered the vote be taken by roll call at 2: 56 p. m.

The following is the result of the vote:

Total Number Voting 149

Necessary for Passage 75

Those voting Yea 149

Those voting Nay 0

Those absent and not voting 2

On a roll call vote House Bill No. 6893 was passed.

The following is the roll call vote: