JOURNAL OF THE HOUSE

Wednesday, January 16, 2013

The House of Representatives was called to order at 11: 37 o'clock a. m. , Representative Demicco of the 21st District in the Chair.

Prayer was offered by the guest Chaplain, Alicia R. Michaud of Windsor, Connecticut.

The following is the prayer:

Let us pray. Dear Lord, we ask your blessing on the work of this Assembly. Many challenges have been placed before us. Guide so that the good of all our citizens will be served. Amen.

The Pledge of Allegiance was led by Alicia R. Michaud of Windsor, Connecticut.

OATH OF OFFICE

The Oath of Office was administered to Representative Ezequiel Santiago of the 130th District on January 14, 2013, by Denise W. Merrill, Secretary of the State.

COMMUNICATION FROM HIS EXCELLENCY,

THE GOVERNOR

The following communication was received from His Excellency, the Governor, on the date indicated, read by the Clerk and referred to the Committee on Executive and Legislative Nominations.

January 16, 2013

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Sections 4-1 and 22a-261 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint JOEL FREEDMAN from South Glastonbury, to be a member of the Board of Directors of the Connecticut Resources Recovery Authority to serve a term ending December 31st, 2017 or until a successor is appointed and has qualified, whichever is longer, in succession to Louis Auletta.

DANNEL P. MALLOY

Governor

REPORTS

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

Report - State Board of Education - Recommendations Regarding the Definition of Region for Purposes of Attendance in the Connecticut Technical High School System. (Pursuant to Section 10-4r and Section 11-4a of the Connecticut General Statutes. ) Date Received: January 14, 2013

Referred to the Committees on Education, Labor and Public Employees and Higher Education and Employment Advancement.

Report - Auditors of Public Accounts - Auditor's Report - Department of Economic and Community Development for the Fiscal Years Ended June 30, 2009 and 2010. (Pursuant to Section 2-90 of the Connecticut General Statutes. ) Date Received: January 14, 2013

Referred to the Committee on Commerce.

Annual Report - State of Connecticut - Office of the Treasurer - Annual Report of the Treasurer of the State of Connecticut for the Fiscal Year Ended June 30, 2012. (Pursuant to Section 3-37(a) of the Connecticut General Statutes. ) Date Received: January 14, 2013

Referred to the Committee on Finance, Revenue and Bonding.

Report - Department of Economic and Community Development - Allocation and Expenditure for the Small Business Express Program Report for the Period Ending December 31, 2012. (Pursuant to Section 32-7(g) of the Connecticut General Statutes. ) Date Received: January 15, 2013

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

Report - Department of Economic and Community Development - Small Business Express Program Report for the Fiscal Year Ending December 31, 2012 and Small Business Express Update and Analysis dated January 3, 2013. (Pursuant to Section 32-7(g) of the Connecticut General Statutes. ) Date Received: January 15, 2013

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

Report - Connecticut Judicial Branch - Biennial Report and Statistics 2010 - 2012: Ensuring Access to Justice in Difficult Times. (Pursuant to Section 51-1c of the Connecticut General Statutes. ) Date Received: January 15, 2012

Referred to the Committee on Judiciary.

Report - Office of Governor Dannel P. Malloy - Status Report: Preliminary Evaluation of Potential Public Private Partnership Opportunities. (Pursuant to Public Act 11-1, An Act Promoting Economic Growth and Job Creation in the State, October Special Session. ) Date Received: January 15, 2012

Referred to the Committee on Commerce.

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

HOUSE JOINT RESOLUTIONS

The following House Joint Resolutions were received from the committees indicated, the resolutions read the second time and tabled for the Calendar:

JUDICIARY. H. J. No. 4 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE F. HERBERT GRUENDEL OF BRANFORD TO BE A JUDGE OF THE APPELLATE COURT AND A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 5 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE JOHN D. BOLAND OF POMFRET CENTER TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 6 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE JOHN F. CRONAN OF BRANFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 7 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE FRANK M. D'ADDABBO, JR. OF CROMWELL TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 8 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE CONSTANCE L. EPSTEIN OF GLASTONBURY TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 9 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE DALE W. RADCLIFFE OF BRIDGEPORT TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 10 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE GARY J. WHITE OF NORWALK TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 11 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE ROBERT F. MCWEENY OF FARMINGTON TO BE A SENIOR JUDGE OF THE SUPERIOR COURT.

INTRODUCTION OF BILLS

HOUSE AND SENATE BILLS

On motion of Representative Arconti of the 109th 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.

COMMERCE

Proposed H. B. No. 5302 REP. LAVIELLE, 143rd DIST. 'AN ACT REQUIRING A COST-BENEFIT ANALYSIS OF PROPOSED STATE-FUNDED ECONOMIC DEVELOPMENT CAPITAL INVESTMENTS', to require a cost-benefit analysis to accompany legislation concerning state-funded economic development capital investments.

EDUCATION

Proposed H. B. No. 5303 REP. AMAN, 14th DIST. 'AN ACT PERMITTING RETIRED TEACHERS TO TEACH IN SUBJECT SHORTAGE AREAS', to allow retired teachers to teach in subject shortage areas.

Proposed H. B. No. 5304 REP. AMAN, 14th DIST. 'AN ACT CONCERNING HIGH SCHOOL DIPLOMAS FOR VETERANS', to permit boards of education to award high school diplomas to veterans.

Proposed H. B. No. 5305 REP. LAVIELLE, 143rd DIST. 'AN ACT CONCERNING THE RETENTION OF STUDENTS IN GRADE THREE WHO ARE UNABLE TO DEMONSTRATE PROFICIENCY IN READING', to promote literacy by grade three.

Proposed H. B. No. 5306 REP. LAVIELLE, 143rd DIST. 'AN ACT CONCERNING THE MODIFICATION OF SCHOOL BUS ROUTES FOLLOWING A NATURAL DISASTER', to allow superintendents of schools to modify school bus routes following a natural disaster.

ENERGY AND TECHNOLOGY

Proposed H. B. No. 5307 REP. WRIGHT, 77th DIST. 'AN ACT CONCERNING CABLE TELEVISION EQUIPMENT', to require that each community antenna television company, holder of a certificate of cable franchise authority and holder of a certificate of video franchise authority provide an option for customers to buy any equipment for which such company or holder currently charges a monthly fee, and to require such company or holder to provide community antenna television or video service to any customer who uses equipment provided by a third party.

ENVIRONMENT

Proposed H. B. No. 5308 REP. FRITZ, 90th DIST. 'AN ACT CONCERNING CERTAIN APPLICATIONS FOR REIMBURSEMENT FROM THE UNDERGROUND STORAGE TANK PETROLEUM CLEAN-UP PROGRAM', to enable the filing of certain applications for reimbursement from the Underground Storage Tank Petroleum Clean-up Program.

Proposed H. B. No. 5309 REP. FRITZ, 90th DIST. 'AN ACT CONCERNING THE FINE FOR VIOLATING A QUARANTINE OR REGULATION OF THE CONNECTICUT AGRICULTURAL EXPERIMENT STATION', to update the minimum and maximum amount of a fine that a person is subject to for violating a quarantine or regulation of the Connecticut Agricultural Experiment Station.

Proposed H. B. No. 5310 REP. FRITZ, 90th DIST. 'AN ACT CONCERNING THE DUTIES OF THE BOARD OF CONTROL FOR THE CONNECTICUT AGRICULTURAL EXPERIMENT STATION', to recognize the need to limit certain duties of the Connecticut Agricultural Experiment Station in order to stay within the constraints of available monetary resources.

Proposed H. B. No. 5311 REP. FRITZ, 90th DIST. 'AN ACT AUTHORIZING THE DIRECTOR OF THE CONNECTICUT AGRICULTURAL EXPERIMENT STATION TO ENTER INTO COMPLIANCE AGREEMENTS TO STOP THE SPREAD OF THE EMERALD ASH BORER', to authorize the use of compliance agreements to assist in the prevention of the spread of the Emerald Ash Borer.

FINANCE, REVENUE AND BONDING

Proposed H. B. No. 5312 REP. FRITZ, 90th DIST. ; SEN. FASANO, 34th DIST. ; REP. MUSHINSKY, 85th DIST. ; REP. ADINOLFI, 103rd DIST. ; REP. CANDELORA, 86th DIST. 'AN ACT AMENDING THE PURPOSE OF AN AUTHORIZATION FOR BONDS OF THE STATE', to amend the bond authorization in special act 05-1 of the June special session from being used for the baseball field at Sheehan High School, to being used for the athletic fields of Wallingford public schools.

GENERAL LAW

Proposed H. B. No. 5313 REP. RITTER, 38th DIST. 'AN ACT REQUIRING GASOLINE STATIONS TO BE EQUIPPED WITH GENERATORS', to ensure gas stations will be able to continue to pump gas during power outages.

HOUSING

Proposed H. B. No. 5314 REP. SHABAN, 135th DIST. 'AN ACT EXEMPTING CERTAIN MUNICIPALITIES FROM THE AFFORDABLE HOUSING LAND USE APPEALS PROCEDURE', to exempt certain small towns from the affordable housing land use appeals procedure.

Proposed H. B. No. 5315 REP. SHABAN, 135th DIST. 'AN ACT CONCERNING AFFORDABLE HOUSING', to require developers proposing to construct affordable housing to demonstrate that such development (1) will not result in harm to the environment, and (2) will be connected to mass transit and commercial areas.

HUMAN SERVICES

Proposed H. B. No. 5316 REP. CASE, 63rd DIST. ; REP. BUCK-TAYLOR, 67th DIST. 'AN ACT CONCERNING THE MEDICALLY NEEDY INCOME LIMIT FOR MEDICAID COVERAGE', to allow medically-needy individuals the option of making payments to the state in order to meet income eligibility guidelines for Medicaid coverage.

JUDICIARY

Proposed H. B. No. 5317 REP. ZUPKUS, 89th DIST. 'AN ACT ELIMINATING RISK REDUCTION CREDITS FOR VIOLENT CRIMINALS', to prohibit any person sentenced for a violent crime from earning or retaining risk reduction credit toward a reduction in such person's sentence.

Proposed H. B. No. 5318 REP. SHABAN, 135th DIST. 'AN ACT CONCERNING NONECONOMIC DAMAGES AWARDS IN MEDICAL MALPRACTICE ACTIONS', to limit noneconomic damages awards in medical malpractice actions.

PUBLIC SAFETY AND SECURITY

Proposed H. B. No. 5319 REP. DAVIS, 117th DIST. 'AN ACT REQUIRING MORE INTRUDER-RESISTANT SCHOOL BUILDINGS AND IMPROVED SECURITY METHODS', to require schools to comply with new standards to make schools more resistant to intruders and more secure.

TRANSPORTATION

Proposed H. B. No. 5320 REP. LAVIELLE, 143rd DIST. ; REP. STEINBERG, 136th DIST. 'AN ACT CONCERNING THE REVENUE RAISED FROM PUBLIC TRANSPORTATION FARES', to require public transportation fares to be deposited into a Special Transportation Fund "lockbox".

APPROPRIATIONS

H. R. No. 7 REP. SHARKEY, 88th DIST. 'RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF CONNECTICUT AND THE ADMINISTRATIVE AND RESIDUAL EMPLOYEES UNION (A&R)'

ENERGY AND TECHNOLOGY

Proposed S. B. No. 146 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING PROPERTY TAX EXEMPTIONS FOR RENEWABLE ENERGY SOURCES', to encourage the use of renewable energy sources, and to allow the commercial and industrial sectors to benefit from such sources by expanding current law that allows the property tax exemption for renewable energy sources only if the generation of electricity is for residential or farm use.

INSURANCE AND REAL ESTATE

Proposed S. B. No. 147 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING HEALTH INSURANCE COVERAGE OF ORALLY AND INTRAVENOUSLY ADMINISTERED MEDICATIONS', to require health insurance that provide coverage for intravenously administered medications for the treatment or palliation or therapeutic intervention for the prevention of disabling or life-threatening chronic diseases to provide coverage for orally administered medications for such treatment, palliation or intervention on a basis no less favorable than intravenously administered medications.

Proposed S. B. No. 148 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR MENTAL HEALTH TREATMENTS ORDERED BY A COURT', to require health insurance policies delivered, issued for delivery, renewed, amended or continued in this state to provide coverage for mental health treatments ordered by a court for an insured.

JUDICIARY

Proposed S. B. No. 149 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING STATE ACTION TO REDUCE HUMAN TRAFFICKING AND ASSIST THE VICTIMS OF HUMAN TRAFFICKING', to enhance the state's ability to reduce human trafficking and provide assistance to the victims of human trafficking.

EDUCATION

Proposed S. B. No. 150 SEN. DOYLE, 9th DIST. ; REP. NAFIS, 27th DIST. ; REP. LOPES, 24th DIST. ; REP. GUERRERA, 29th DIST. 'AN ACT REQUIRING THE STATE TO BE FINANCIALLY RESPONSIBLE FOR PRESCHOOL PROGRAM TUITION AT INTERDISTRICT MAGNET SCHOOLS', to repeal the requirement that towns are responsible for paying preschool program tuition at interdistrict magnet schools and to require the state to pay for such preschool program tuitions.

FINANCE, REVENUE AND BONDING

Proposed S. B. No. 151 SEN. DOYLE, 9th DIST. ; REP. NAFIS, 27th DIST. 'AN ACT INCREASING THE VALUE OF ITEMS ALLOWED TO BE SOLD TAX-FREE BY CERTAIN NONPROFIT GROUPS AND SCHOOLS', to relieve the administrative burden on nonprofit groups and schools.

VETERANS' AFFAIRS

Proposed S. B. No. 152 SEN. DOYLE, 9th DIST. ; REP. NAFIS, 27th DIST. 'AN ACT CONCERNING A MUNICIPAL PROPERTY TAX EXEMPTION PROGRAM FOR ONE HUNDRED PERCENT DISABLED VETERANS', to exempt those who qualify as one hundred percent disabled veterans from paying municipal property taxes on their primary residence. The state shall reimburse the towns for any lost revenue.

APPROPRIATIONS

Proposed S. B. No. 153 SEN. MARKLEY, 16th DIST. 'AN ACT CONCERNING REFORM OF THE STATE EMPLOYEES RETIREMENT SYSTEM', to provide tangible taxpayer relief by reforming the state employees retirement system.

FINANCE, REVENUE AND BONDING

Proposed S. B. No. 154 SEN. MARKLEY, 16th DIST. 'AN ACT CONCERNING RETROACTIVE TAX INCREASES', to ban retroactive tax increases.

Proposed S. B. No. 155 SEN. MARKLEY, 16th DIST. 'AN ACT REPEALING THE REAL ESTATE CONVEYANCE TAX', to provide tax relief to homeowners by repealing the real estate conveyance tax.

Proposed S. B. No. 156 SEN. MARKLEY, 16th DIST. 'AN ACT REPEALING THE BUSINESS ENTITY TAX', to provide tax relief to small businesses by repealing the business entity tax.

Proposed S. B. No. 157 SEN. MARKLEY, 16th DIST. ; REP. SAMPSON, 80th DIST. 'AN ACT CONCERNING INCOME TAX REFUNDS', to allow taxpayers the option as to form of payment of their state income tax refund.

CHILDREN

Proposed S. B. No. 158 SEN. OSTEN, 19th DIST. 'AN ACT ESTABLISHING A TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN', to establish a task force on the prevention of sexual abuse of children.

LABOR AND PUBLIC EMPLOYEES

Proposed S. B. No. 159 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING EMPLOYEE PRIVACY', to protect employee privacy by barring employers or potential employers from requiring employees to provide passwords to their personal accounts as a condition of employment.

EDUCATION

Proposed S. B. No. 160 SEN. BYE, 5th DIST. 'AN ACT CONCERNING ECS GRANT AMOUNTS AND THE NUMBER OF CHILDREN ENROLLED IN HALF-DAY KINDERGARTEN PROGRAMS', to better align education cost sharing grants for towns with the amount of classroom instruction offered to kindergarten students.

JUDICIARY

Proposed S. B. No. 161 SEN. BYE, 5th DIST. ; REP. GODFREY, 110th DIST. 'AN ACT CONCERNING THE REDUCTION OF GUN VIOLENCE', to reduce gun violence and limit the availability of especially dangerous firearms.

EDUCATION

Proposed S. B. No. 162 SEN. BYE, 5th DIST. 'AN ACT CONCERNING ADULT EDUCATION PROGRAMS AS AN OPPORTUNITY FOR REMEDIAL COLLEGE PREPARATION', to provide a less expensive option for remedial college preparation by allowing students who need additional preparation for a college program to enroll in an adult education program.

INSURANCE AND REAL ESTATE

Proposed S. B. No. 163 SEN. FASANO, 34th DIST. 'AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR A SECOND MAMMOGRAM', to require health insurance policies to provide coverage of a second mammogram in a policy year if the first mammogram demonstrates heterogeneous or dense breast tissue and the insured's physician orders a second mammogram.

PUBLIC HEALTH

Proposed S. B. No. 164 SEN. FASANO, 34th DIST. 'AN ACT PROHIBITING SMOKING IN PRIVATE CLUBS', to protect public health by extending the smoking ban to include private clubs.

TRANSPORTATION

Proposed S. B. No. 165 SEN. FASANO, 34th DIST. 'AN ACT REQUIRING THE USE OF RETRO-REFLECTIVE PAINT FOR LINES ON STATE HIGHWAYS', to require the use of retro-reflective paint when repainting solid and dashed lines on all state highways.

Proposed S. B. No. 166 SEN. FASANO, 34th DIST. 'AN ACT INCREASING FINES FOR THE UNAUTHORIZED OPERATION OF ALL-TERRAIN VEHICLES ON MUNICIPAL OR PRIVATE LAND WITHOUT THE WRITTEN PERMISSION OF THE LAND OWNER', to double any fine for the unauthorized operation of all-terrain vehicles on municipal or private land without the written permission of the land owner.

ADJOURNMENT

On motion of Representative Arconti of the 109th District, the House adjourned at 11: 40 o'clock a. m. , to meet again at the Call of the Chair.

JOURNAL NOTATION

In the January 15, 2013 Senate List of Bills, the following resolution was incorrectly listed as Senate Joint Resolution No. 8. It should have read Senate Resolution No. 8 as listed below:

S. R. No. 8 SEN. WILLIAMS, 29th DIST. 'RESOLUTION PROPOSING APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF CONNECTICUT AND THE ADMINISTRATIVE AND RESIDUAL EMPLOYEES UNION (A&R)'

REF. APPROPRIATIONS