JOURNAL OF THE SENATE

Tuesday, June 12, 2012

The Senate was called to order at 12: 34 p. m. , in accordance with Senate Joint Resolution No.   54 which was adopted on June 12, 2012 in the June Special Session of the General Assembly the President in the Chair.

The prayer was offered by the Deputy Chaplain, Rabbi Philip Lazowski of Bloomfield, Connecticut.

The following is the prayer:

Our thought for today is from Proverb 14: 23

“All hard work brings a profit but mere talk leads to poverty. ”

Let us pray.

Almight God, help us to work together to serve You and the people of our great state of Connecticut. As we pause in these moments of prayer, seeking strength for that which lies ahead, wisdom for decisions to be made and confidence to stand for what is right and true.

We thank You for work to do and for the challenges to do it.

We thank You for all that has been accomplished through your guidance. Look in favor upon our Nation, President, State and her Leaders.

Protect from all harm our defenders of freedom.

O Lord, hear our prayers as we pray and let us say Amen.

PLEDGE

Senator Daily of the 33rd, led the Senate in the pledge of Allegiance.

INTRODUCTION OF

SENATE JOINT RESOLUTIONS

RESOLUTIONS ADOPTED

The following resolutions were introduced, read and adopted.

S. J. No. 61 RESOLUTION CONCERNING THE JOINT RULES OF THE JUNE 12 SPECIAL SESSION, 2012.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the resolution.

Resolved by this Assembly:

Resolved by this Assembly:

That the joint rules of this Special Session shall be the same as the joint rules in force at the 2012 regular session, except as said rules are amended, altered or repealed in this resolution.

Strike out Rule 3.

Strike out Rule 4.

Strike out Rule 5.

Strike out Rule 6.

Strike out Rule 7 and insert in lieu thereof the following:

LEGISLATIVE COMMISSIONERS

FORM AND INTRODUCTION OF BILLS

7. Only bills and substantive resolutions specified in the Resolution Convening the General Assembly in Special Session to commence not earlier than 10: 00 a. m. on June 12, 2012, shall be received.

The Legislative Commissioners' Office shall prepare all bills and resolutions. When a bill or resolution has been prepared by the Legislative Commissioners' Office and signed by the Speaker and President Pro Tempore, the bill or resolution shall immediately be given to the clerk of the Senate or the House as designated. Before or at the time the bill or resolution is given to the clerk, the Legislative Commissioners' Office shall provide to the Office of Fiscal Analysis copies of each bill or resolution to prepare a fiscal note if required by Rule 15 of the joint rules.

Each bill and resolution shall be printed, without interlineation or erasure. The duplicate copies of each bill or resolution shall be made on yellow-colored and blue-colored paper, respectively, of the same size and format as the original.

Each bill and resolution shall be transmitted, in triplicate by the Legislative Commissioners' Office to the clerks of the House or Senate.

The clerks shall number each bill and resolution.

The clerks shall certify and keep on file a duplicate copy of each bill and resolution. The certified duplicate copy shall remain at all times in the clerk's office. If the original cannot be located, a copy of such certified duplicate copy shall be made by the clerk and used in lieu of the original.

The clerk shall make a notation on the certified duplicate copy of all action taken on the original.

Any member of the General Assembly may co-sponsor a bill or resolution by making a request in writing after it has been filed, to the clerk of the house in which the bill or resolution has been filed to add his or her name as a co-sponsor of the bill or resolution, but not later than the date of the signing of the bill, or the deadline for the signing of the bill, by the Governor, whichever is earlier, or the adoption of the resolution.

After introduction no bill or resolution shall be altered except by the legislative commissioners.

Strike out Rule 8.

Strike out Rule 9 and insert in lieu thereof the following:

BILLS AND SUBSTANTIVE RESOLUTIONS

9. Only bills and substantive resolutions certified by the Speaker and President Pro Tempore in accordance with section 2-26 of the general statutes may be introduced. Bills and resolutions so certified by the Speaker and the President Pro Tempore shall be identified as "bills" or "resolutions".

Each bill amending any statute or special act shall set forth in full the section or subsection of the statute or the special act to be amended. Matter to be omitted or repealed shall be surrounded by brackets or overstricken so that the omitted or repealed matter remains readable, and new matter shall be indicated by capitalization or underscoring of all words in the original bill and by capitalization, underscoring or italics in its printed form. In the case of a section or subsection not amending an existing section of the general statutes but intended to be part of the general statutes, the section or subsection may be in upper and lower case letters preceded by the word (NEW).

Strike out Rule 10.

Strike out Rule 11.

Strike out Rule 13.

Strike out Rule 14 and insert in lieu thereof the following:

TRANSMITTAL BETWEEN HOUSES

14. Upon passage in the first house, the bill or resolution shall be transmitted immediately to the second house.

Strike out Rule 15 and insert in lieu thereof the following:

15. Any bill or substantive resolution which if passed, would affect state or municipal revenue, or would require the expenditure of state or municipal funds, shall have a fiscal note attached. Any fiscal note printed with or prepared for a bill or resolution shall be solely for the purpose of information, summarization and explanation for members of the General Assembly and shall not be construed to represent the intent of the General Assembly or either house thereof for any purpose. Each such fiscal note shall bear the following disclaimer: "The following Fiscal Impact Statement is prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either house thereof for any purpose. " When an amendment is offered to a bill or resolution in the House or the Senate, which, if adopted, would require the expenditure of state or municipal funds or affect state or municipal revenue, a fiscal note shall be available at the time the amendment is offered. Any fiscal note prepared for such an amendment shall be construed in accordance with the provisions of this rule and shall bear the disclaimer required under this rule.

Strike out Rule 16 and insert in lieu thereof the following:

BILLS - READINGS

16. First reading of a bill or resolution shall be by title and number. Second reading shall be passage or rejection of the bill or resolution.

Strike out Rule 17 and insert in lieu thereof the following:

17. Each bill or substantive resolution may be acted upon immediately. No bill or substantive resolution may be acted upon unless it is accompanied by a fiscal note.

Each bill and substantive resolution shall be voted upon by a roll call vote. A bill or resolution, certified in accordance with section 2-26 of the general statutes, if filed in the House, may be transmitted to and acted upon first by the Senate with the consent of the Speaker; and if filed in the Senate, may be transmitted to and acted upon first by the House with the consent of the President Pro Tempore.

Strike out Rules 18, 19, 20, 31, 32 and 34.

S. J. No. 62 RESOLUTION CONCERNING THE EXPENSES OF THE JUNE 12 SPECIAL SESSION, 2012.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the resolution.

Resolved by this Assembly:

That the Joint Committee on Legislative Management is authorized to pay the necessary expenses of this Special Session of the General Assembly.

S. J. No. 63 RESOLUTION CONCERNING THE PRINTING OF THE JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES FOR THE JUNE 12 SPECIAL SESSION, 2012.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the resolution.

Resolved by this Assembly:

That the journals of the proceedings of the Senate and House of Representatives at this Special Session shall be printed as provided in section 2-49 of the general statutes.

INTRODUCTION OF

SENATE RESOLUTION

RESOLUTION ADOPTED

The following resolution was introduced, read and adopted.

S. R. No. 61 RESOLUTION CONCERNING THE RULES OF THE SENATE FOR THE JUNE 12 SPECIAL SESSION, 2012.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the resolution.

Resolved by the Senate:

That the rules of the Senate at this Special Session shall be the same as the rules of the Senate in force at the 2012 regular session, except as said rules are amended, altered or repealed in this resolution.

Strike out Rules 7, 9, 13, 17 and 18.

Strike out Rule 19 and insert in lieu thereof the following:

19. The order of business shall be as follows:

1. Reception of communications from the Governor.

2. Introduction of bills and resolutions.

3. Reception of business from the House.

4. Introduction of guests.

Strike out Rule 29 and insert in lieu thereof the following:

29. When a question is under debate, no motion shall be received except:

1. To adjourn.

2. To recess.

3. For the previous question.

4. To close the debate at a specified time.

5. To pass temporarily.

6. To pass retain.

7. To postpone to a certain time.

8. To divide the question.

9. To amend.

10. To postpone indefinitely.

These several motions shall have precedence in the order listed in this rule, and no motion to continue to the next General Assembly or to postpone indefinitely, having been once decided, shall be again allowed at the same session and at the same state of the bill or subject matter.

Strike out Rule 30 and insert in lieu thereof the following:

30. Amendments shall be filed with the clerk of the Senate.

Any member who offers an amendment, originating in the Senate which, if adopted, would reduce state revenues or increase state expenditures by a specified amount or which would involve a significant fiscal impact, shall make available to the president, president pro tempore, the majority leader of the Senate and the minority leader of the Senate at the time the amendment is offered, in addition to a fiscal note, a signed and typewritten explanation, of the decrease in expenditures or the source of the increased revenues required to balance the state budget.

Whenever a bill is substantively amended, it may be referred to the legislative commissioners to be re-examined for the purposes set forth in Rule 13 of the Joint Rules for the 2012 regular session and to be reprinted as amended. The Legislative Commissioners' Office shall complete its examination of any such bill within three calendar days of its receipt. The bill shall then be transmitted to the clerk.

Add a new Rule 37 as follows:

37. Only those bills and substantive resolutions specified in paragraph 1 of Rule 7 of the Joint Rules for this Special Session, certified as provided in Rule 9 of said Joint Rules, and, except as provided in Rule 33 of said Joint Rules, only those resolutions pertaining to the rules of this Special Session, the printing of the journals of the Senate and the House of Representatives, and the expenses of this Special Session, shall be received.

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th, moved immediate transmittal to the House of all resolutions needing further action by the House.

EMERGENCY CERTIFICATION

SENATE BILL

SENATE BILL PASSED

The following Senate Bill was introduced, read by the Clerk and passed. (Emergency Certification signed by the President Pro Tempore of the Senate and the Speaker of the House accompanied the bill in accordance with Section 2-26 of the Connecticut General Statutes and Joint Rules 9 and 15. )

S. B. No. 501 AN ACT IMPLEMENTING CERTAIN PROVISIONS CONCERNING GOVERNMENT ADMINISTRATION.

Remarking was Senaotr Harp of the 10th, Stillman of the 20th, Kane of the 32nd, Suzio of the 13th, Boucher of the 26th, Roraback of the 30th, Musto of the 22nd, Fonfara of the 1st, Markley of the 16th and McKinney of the 28th.

SENATOR COLEMAN OF THE 2ND IN THE CHAIR

Remarking were Senators Looney of the 11th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Bill No. 501 was passed.

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th moved immediate transmittal to the House Senate Bill No. 501.

RECESS

On motion of Senator Looney of the 11th, the Senate at 6: 17 recessed.

AFTER RECESS

The Senate reconvened at 8: 13 p. m. , the President in the Chair.

BUSINESS FROM THE HOUSE

EMERGENCY CERTIFICATION

HOUSE BILL

HOUSE BILL PASSED

The following House Bill was introduced, read by the Clerk and passed. (Emergency Certification signed by the President Pro Tempore of the Senate and the Speaker of the House accompanied the bill in accordance with Section 2-26 of the Connecticut General Statutes and Joint Rules 9 and 15. )

H. B. No. 6001 AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2012. (AS AMENDED BY HOUSE AMENDMENT SCHEDULE “A” LCO 5819).

Senator Harp of the 10th, explained the bill and moved adoption.

Remarking were Senators Kane of the 32nd, Frantz of the 36th, Kissel of the 7th, Welch of the 31st, McLachlan of the 24th and Kelly of the 21st.

Senator Suzio of the 13th, offered Senate Amendment Schedule “A” (LCO 5823) and moved adoption.

Remarking was Senator Meyer of the 12th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “A” (LCO 5823) was rejected.

The following is the Amendment.

In line 12529, strike "2013" and insert "2015" in lieu thereof

In line 12535, strike "2012" and insert "2014" in lieu thereof

In line 12551, strike "2014" and insert "2016" in lieu thereof

In line 12562, strike "2014" and insert "2016" in lieu thereof

In line 12563, strike "2013" and insert "2015" in lieu thereof

In line 12564, strike "2013" and insert "2015" in lieu thereof

In line 12566, strike "2013" and insert "2015" in lieu thereof

In line 12575, strike "2013" and insert "2015" in lieu thereof

In line 12576, strike "2012" and insert "2014" in lieu thereof

In line 12577, strike "2012" and insert "2014" in lieu thereof

In line 12579, strike "2012" and insert "2014" in lieu thereof

Senator Suzio of the 13th, offered Senate Amendment Schedule “B” (LCO 5822) and moved adoption.

Remarking were Senators Harp of the 10th, Looney of the 11th, McLachlan of the 24th, LeBeau of the 3rd, McKinney of the 28th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “B” (LCO 5822) was rejected.

The following is the Amendment.

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

"Sec. 501. Subsection (a) of section 12-458h of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) (1) The Commissioner of Revenue Services shall, on or before June 15, 2008, and on or before the fifteenth day of June thereafter, calculate, in accordance with subsection (b) of this section, the applicable tax rate per gallon of diesel fuel on the sale or use of such fuel during the twelve-month period beginning on the next succeeding July first, and shall notify each distributor, the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding, and the Secretary of the Office of Policy and Management of such applicable tax rate.

(2) The commissioner shall, on or before June 15, 2008, and on or before the fifteenth day of June thereafter, determine the average wholesale price per gallon of diesel fuel in this state during the twelve-month period ending on the next preceding March thirty-first by using wholesale price information for diesel fuel published by the Oil Price Information Service. Such wholesale price information for "Hartford/Rocky Hill" and "New Haven" shall be averaged by the commissioner. On and after the effective date of this section, in determining such average wholesale price, if any daily price is in excess of three dollars per gallon, the commissioner shall deem such price to be three dollars per gallon. If either the first or last day of such twelve-month period falls on a Sunday or a legal holiday, as defined in section 1-4, the next succeeding day which is not a Sunday or legal holiday shall be substituted for such first or last day, as the case may be. "

Senator Suzio of the 13th, offered Senate Amendment Schedule “C” (LCO 5820) and moved adoption.

Remarking were Senators Boucher of the 26th, Harp of the 10th, and Looney of the 11th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “C” (LCO 5820) was rejected.

The following is the Amendment.

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

"Sec. 501. (Effective from passage) Notwithstanding the provisions of subsections (b) and (c) of section 12-587 of the general statutes, the rate of tax imposed on gross earnings derived from the first sale of gasoline or gasohol within this state, or from consideration given or contracted to be given for gasoline or gasohol for sale, use or consumption in this state, shall be two per cent from July 1, 2012, to August 31, 2012, inclusive.

Sec. 502. Subsection (a) of section 12-704e of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to taxable years commencing on or after January 1, 2012):

(a) Any resident of this state, as defined in subdivision (1) of subsection (a) of section 12-701, who is subject to the tax imposed under this chapter for any taxable year shall be allowed a credit against the tax otherwise due under this chapter in an amount equal to thirty per cent of the earned income credit claimed and allowed for the same taxable year under Section 32 of the Internal Revenue Code, as defined in subsection (a) of section 12-701, provided for the taxable year commencing January 1, 2012, the credit allowed by this section shall be in an amount equal to fifteen per cent of the earned income credit claimed and allowed for the same taxable year under said Section 32. "

Remarking were Senators Boucher of the 26th, Fasano of the 34th, Looney of the 11th, McKinney of the 28th and Williams.

The chair ordered the vote be taken by roll call.

On the roll call vote House Bill No. 6001 as amended by House Amendment Schedule “A” LCO 5819 was Passed. In concurrence with the House.

IMMEDIATE TRANSMITTAL TO THE GOVERNOR

Senator Looney of the 11th, moved for immediate transmittal to the Governor House Bill No. 6001 as amended by House Amendment Schedule “A” LCO 5819.

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 12: 18 a. m. , adjourned Sine Die.

ATTEST:   Ernest J. Cotnoir

Assistant Clerk of the Senate

Hartford, Connecticut

June 12, 2012

12: 18 o'clock a. m.