JOURNAL OF THE HOUSE

Monday, February 8, 2010

The House of Representatives was called to order at 11: 33 o'clock a. m. , Representative Boukus of the 22nd District in the Chair.

Prayer was offered by the guest Chaplain, William S. Brown of Danbury, Connecticut.

The following is the prayer:

Let us pray. Heavenly Father, we come before You today with heavy hearts to remember those who lost their lives or suffered injuries in the devastating explosion in Middletown. Help ease the suffering and pain that the families and loved ones of the victims are feeling. May You comfort them and grant them strength. Now, as we turn our attention to the business of this day, may all our efforts benefit the citizens of this great State. Amen.

The Pledge of Allegiance was led by William S. Brown of Danbury, Connecticut.

COMMUNICATION FROM HER EXCELLENCY,

THE GOVERNOR

The following communication was received from Her Excellency, the Governor, on the date indicated, read by the Clerk and referred to the Committee on Judiciary.

February 3, 2010

Corrected Letter

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Section 31-276 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent re-appoint, JOHN A. MASTROPIETRO of Watertown to be a Workers' Compensation Commissioner to serve for a term of five years beginning April 1, 2010.

M. JODI RELL

Governor

Date Received: February 8, 2010

REPORTS

The following reports were received on the date indicated, read by the Clerk and referred to the Committees indicated:

Report - Department of Children and Families - Annual Report Concerning At-Risk Children and Youth. (Pursuant to Section 17a-62 of the Connecticut General Statutes. ) Date Received: February 5, 2010

Referred to the Select Committee on Children and the Committee on Human Services.

Report - Office of the State Treasurer and Office of Policy and Management - Plan for the Sale of State Assets. (Pursuant to Section 125 of Public Act 09-3 of the 2009 June Special Session. ) Date Received: February 8, 2010

Referred to the Committees on Appropriations and Finance, Revenue and Bonding.

INTRODUCTION OF BILLS

HOUSE AND SENATE BILLS

On motion of Representative Green of the 1st District, the first reading of the following bills and resolutions was waived, the list of bills and resolutions as prepared by the Clerks was accepted, and the bills and resolutions referred to the committees as indicated thereon in concurrence.

APPROPRIATIONS

Proposed H. B. No. 5043 REP. FLEISCHMANN, 18th DIST. 'AN ACT ESTABLISHING A BLUE RIBBON COMMISSION ON STATE SPENDING', to reduce long-term growth of state expenditures and to promote policies that will increase the efficiency and efficacy of state programs.

Proposed H. B. No. 5044 REP. LESSER, 100th DIST. 'AN ACT CONCERNING GENERALLY ACCEPTED ACCOUNTING PRINCIPLES', to improve the accountability of state government by making Connecticut compliant with generally accepted accounting principles.

BANKS

H. B. No. 5045 (RAISED) BANKS. 'AN ACT CONCERNING INACTIVE ACCOUNT FEES', to prohibit a financial institution from imposing a dormancy fee on an inactive deposit account for which periodic statements are not provided if the primary account holder has another active account with such financial institution.

H. B. No. 5046 (RAISED) BANKS. 'AN ACT CONCERNING AUTOMATIC OVERDRAFT PROTECTION', to give bank customers the option of incurring a bounced check fee rather than an automatic overdraft protection fee under certain circumstances.

H. B. No. 5047 (RAISED) BANKS. 'AN ACT CONCERNING NEGATIVE ACCOUNT BALANCES', to allow bank customers to cure an insufficient account balance before they are charged an overdraft fee.

H. B. No. 5048 (RAISED) BANKS. 'AN ACT CONCERNING SECURED AND UNSECURED LENDING', to repeal a duplicate provision in the general statutes.

H. B. No. 5049 (RAISED) BANKS. 'AN ACT CONCERNING THE DEPARTMENT OF BANKING', to make changes to the general statutes relating to the Department of Banking.

H. B. No. 5050 (RAISED) BANKS. 'AN ACT ESTABLISHING A REVOLVING LOAN FUND FOR NONPROFIT ECONOMIC AND COMMUNITY DEVELOPMENT ORGANIZATIONS AND CERTAIN LENDERS', to establish a revolving loan fund to provide funds to nonprofit economic and community development organizations and certain lenders.

H. B. No. 5051 (RAISED) BANKS. 'AN ACT CONCERNING OVERDRAFT FEES', to limit banks to charging one overdraft fee per day, rather than charging an overdraft fee for each occurrence.

H. B. No. 5052 (RAISED) BANKS. 'AN ACT CONCERNING THE MORTGAGE CRISIS JOB TRAINING PROGRAM', to appropriate three hundred thousand dollars to the Labor Department for the mortgage crisis job training program.

H. B. No. 5053 (RAISED) BANKS. 'AN ACT CONCERNING TRANSPARENCY AND DISCLOSURE', to ensure transparency by requiring investment advisers to a hedge fund to disclose any potential conflicts of interest or interests that are likely to impair the investment adviser's duties and responsibilities to the fund or its investors.

EDUCATION

Proposed H. B. No. 5054 REP. JOHNSON, 49th DIST. 'AN ACT CONCERNING SCHOOL CONSTRUCTION PROJECTS IN WINDHAM', to allow the town of Windham to be reimbursed for costs associated with an off-site connection to sanitary and public water service utilities at the Windham Interdistrict Magnet School.

GOVERNMENT ADMINISTRATION AND ELECTIONS

Proposed H. B. No. 5055 REP. O'BRIEN, 24th DIST. 'AN ACT REINVENTING GOVERNMENT IN CONNECTICUT', to reduce the deficit by reforming the structure of the government and how funds are distributed.

HUMAN SERVICES

Proposed H. B. No. 5056 REP. VILLANO, 91st DIST. 'AN ACT IMPLEMENTING THE MILLIMAN REPORT'S RECOMMENDATIONS TO ACHIEVE COST SAVINGS IN THE HUSKY PROGRAM', to implement the Milliman Report's recommendations to achieve cost savings in the HUSKY program.

Proposed H. B. No. 5057 REP. O'BRIEN, 24th DIST. 'AN ACT CONCERNING AN INCREASE IN MEDICAID PROVIDER RATES FOR PERSONS WITH DISABILITIES', to increase Medicaid provider rates for persons with disabilities.

LABOR AND PUBLIC EMPLOYEES

H. B. No. 5058 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE RIGHT TO ORGANIZE FOR CERTAIN STATE EMPLOYEES', to allow certain state employees the ability to collectively bargain.

H. B. No. 5059 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE APPOINTMENT OF MUNICIPAL ASSESSORS', to remove town assessors from the election statutes and place them in the municipal statutes and to require they be removed only for good cause.

H. B. No. 5060 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE USE OF CRIMINAL RECORDS FOR THE PURPOSE OF DENYING A PROMOTION TO AN INDIVIDUAL EMPLOYED IN THE FOOD SERVICE OR RETAIL INDUSTRIES', to prevent employers in the food service and retail industries from denying an employee a promotion solely on the basis the employee has a previous criminal record.

H. B. No. 5061 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT ELIMINATING CREDIT REPORTS AS A BASIS FOR EMPLOYMENT DECISIONS', to prevent discrimination of a prospective employee based upon that employee's credit history.

H. B. No. 5062 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING COLLECTIVE BARGAINING, PENSIONS AND HEALTH CARE', to require the Labor Commissioner to report on the status of collective bargaining, pensions, and health care in the state.

H. B. No. 5063 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING LIGHT DUTY WORK IN THE DEPARTMENT OF CORRECTION', to require the availability of light duty work for Department of Correction employees that have suffered certain compensable injuries.

PUBLIC HEALTH

Proposed H. B. No. 5064 REP. FLEISCHMANN, 18th DIST. 'AN ACT CONCERNING THE USE OF TOBACCO SETTLEMENT FUNDS AND TOBACCO TAXES', to ensure that state funds derived from the Tobacco Settlement Fund and taxes on tobacco products are allocated to programs that ameliorate the ill effects of such products.

GOVERNMENT ADMINISTRATION AND ELECTIONS

Proposed H. B. No. 5065 REP. O'CONNOR, 35th DIST. 'AN ACT CONCERNING A MERGER OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION INTO THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT', to reduce state expenditures and improve effectiveness by merging the Department of Environmental Protection and the Department of Economic and Community Development.

HUMAN SERVICES

H. B. No. 5066 (RAISED) HUMAN SERVICES. 'AN ACT CONCERNING EDUCATIONAL STABILITY FOR CHILDREN IN THE CARE AND CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILIES', to provide educational stability for children in the custody of the Department of Children and Families.

H. B. No. 5067 (RAISED) HUMAN SERVICES. 'AN ACT CONCERNING THE TRANSITION OF CARE AND TREATMENT OF CHILDREN AND YOUTH FROM THE DEPARTMENT OF CHILDREN AND FAMILIES TO THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES', to require the Commissioners of Children and Families and Mental Health and Addiction Services to consider and report on a transition of care and treatment of children and youth from the Department of Children and Families to the Department of Mental Health and Addiction Services.

H. B. No. 5068 (RAISED) HUMAN SERVICES. 'AN ACT CONCERNING AMENDMENTS TO THE MEDICAID STATE PLAN', to require the Commissioner of Social Services to submit all proposed amendments to the Medicaid state plan to the human services and appropriations committees.

BANKS

S. B. No. 54 (RAISED) BANKS. 'AN ACT CONCERNING CONSUMER CREDIT LICENSES', to clarify that a person licensed under sections 36a-555 to 36a-573, inclusive, of the general statutes is exempt from the mortgage broker license requirement; to prohibit mortgage brokers from imposing excessive prepaid finance charges; to authorize the Banking Commissioner to deny an application for a license for any mortgage lender, mortgage broker, mortgage loan originator, sales finance company, small loan lender, check cashing service, money transmitter, issuer of Connecticut payment instruments, debt adjuster and consumer collection agency if the applicant or any partner, member, officer, director, principal employee of the applicant or shareholder owning at least ten per cent of each class of the applicant's securities has been convicted of a misdemeanor involving the type of business for which a license is being sought or a felony; and to expressly authorize the commissioner to conduct state and federal criminal history checks of applicants for such licenses and other persons related to such applicants.

S. B. No. 55 (RAISED) BANKS. 'AN ACT CONCERNING ECONOMIC SECURITY', to establish a task force to study ways in which the state may (1) encourage the growth of business, (2) stimulate job growth and increase state and municipal tax revenue, and (3) address concerns regarding the availability of financing after the merger, takeover or liquidation of a financial institution.

S. B. No. 56 (RAISED) BANKS. 'AN ACT CONCERNING CERTAIN BANK FEES', to prohibit a bank from charging a fee to cash checks that are in an amount up to and including fifty thousand dollars and drawn on the bank's account provided certain conditions are met.

S. B. No. 57 (RAISED) BANKS. 'AN ACT CONCERNING EDUCATION LOANS', to prevent the Connecticut Higher Education Supplemental Loan Authority from initiating a collections action against an individual who defaults on an education loan while such individual is enrolled in an institution of higher education in this state.

S. B. No. 58 (RAISED) BANKS. 'AN ACT CONCERNING CONNECTICUT BANKS', to clarify certain powers of Connecticut banks.

S. B. No. 59 (RAISED) BANKS. 'AN ACT CONCERNING BANKS AND CREDIT UNIONS', to allow the Banking Commissioner to obtain national criminal history records checks on organizers and directors of Connecticut banks and credit unions; to permit persons who obtain conditional preliminary approval to organize an expedited Connecticut bank to organize more than one such bank; and to authorize Connecticut banks to merge with their nonbank affiliates.

S. B. No. 60 (RAISED) BANKS. 'AN ACT CONCERNING A STUDY OF CERTAIN PROGRAMS ADMINISTERED BY THE CONNECTICUT HOUSING FINANCE AUTHORITY', to convene a task force to review and evaluate the existing loss mitigation programs administered by the Connecticut Housing Finance Authority.

LABOR AND PUBLIC EMPLOYEES

S. B. No. 61 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT REMOVING THE REQUIREMENT OF EMPLOYER OR INSURER PREAPPROVAL FOR THE PROVISION OF CERTAIN MEDICAL EXAMINATIONS AND TREATMENT TO INJURED WORKERS', to reduce the delay in medical treatment of workers who have had their claims accepted by the employer and remove the requirement for preapproval by the employer or insurer for routine medical examinations and treatment for said workers.

S. B. No. 62 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL CORRECTIONS TO LABOR STATUTES', to make technical corrections to various labor statutes.

S. B. No. 63 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT MANDATING EMPLOYERS PROVIDE PAID SICK LEAVE TO EMPLOYEES', to mandate that certain employers provide paid sick leave to qualifying employees.

S. B. No. 64 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE DENIAL OF UNEMPLOYMENT COMPENSATION BENEFITS TO LIVERY DRIVERS WHO ARE UNEMPLOYED AS A RESULT OF BEING DENIED A SPECIAL OPERATOR'S PERMIT', to prevent livery drivers terminated from employment as a result of being denied a special operator's permit from collecting unemployment compensation.

S. B. No. 65 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING UNEMPLOYMENT COMPENSATION EXTENDED BENEFITS', to require that government employers pay all of the money expended for extended unemployment insurance benefits for its employees who reach the need for such benefits to conform with federal law.

HUMAN SERVICES

S. B. No. 66 (RAISED) HUMAN SERVICES. 'AN ACT CONCERNING EXPANSION OF THE LIVERY LICENSE EXEMPTION TO INCLUDE COMMUNITY-BASED REGIONAL TRANSPORTATION SERVICES FOR THE VISUALLY IMPAIRED', to exempt community-based regional transportation services for the visually impaired from livery license requirements.

S. B. No. 67 (RAISED) HUMAN SERVICES. 'AN ACT CONCERNING ANNUAL BENEFITS AVAILABLE UNDER THE CHARTER OAK HEALTH PLAN', to permit participants in the Charter Oak Health Plan to exceed established annual benefit limits to obtain coverage for treatment that is medically necessary.

S. B. No. 68 (RAISED) HUMAN SERVICES. 'AN ACT CONCERNING THE DEPARTMENT OF SOCIAL SERVICES' AND RECOMMENDED CHANGES TO THE MEDICAL ASSISTANCE AND PHARMACY STATUTES', to make technical and conforming changes to the medical assistance and pharmacy statutes and to add members to the Pharmaceutical and Therapeutics Committee.

ADJOURNMENT

On motion of Representative Green of the 1st District, the House adjourned at 11: 36 o'clock a. m. , to meet again at the Call of the Chair.