JOURNAL OF THE SENATE

Tuesday, May 21, 2013

The Senate was called to order at 5: 39 p. m. , 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 Psalm 55: 2 "Listen to my prayer, O God, do not ignore my plea, hear me and answer me. " Let us pray.

Heavenly Father, thank you for the gifts of prayer and the blessing it brings the others and to ourselves. May your presence shine upon these women and men as they use Your gifts to enhance the lives of Your people in Oklahoma City and its suburbs who suffered with much devastation. Bestow Your grace upon our Senate and State leaders and help them to always do Your will. Bless with Your safekeeping our defenders of freedom, especially those in harm's way. Hear our prayers as we pray and let us all say, Amen.

PLEDGE

Senator Stillman of the 20th, led the Senate in the pledge of Allegiance.

MATTERS RETURNED FROM COMMITTEES

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

The following favorable reports were received from the Joint Standing Committees indicated, the bills were read the second time and tabled for the calendar.

NO NEW FILES

FINANCE, REVENUE AND BONDING. S. B. No. 913 (RAISED) (File No. 188) AN ACT REQUIRING NOTIFICATION OF THE SALE OF A REAL PROPERTY TAX LIEN.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 1070 (RAISED) (File No. 522) AN ACT ESTABLISHING A SCHOOL NURSE ADVISORY COUNCIL. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 814 (RAISED) (File No. 416) AN ACT CONCERNING INTERVENTION IN PERMIT PROCEEDINGS PURSUANT TO THE ENVIRONMENTAL PROTECTION ACT OF 1971. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 819 (RAISED) (File No. 256) AN ACT CONCERNING THE POSSESSIONS OF DECEASED TENANTS. (As amended by Senate Amendment Schedule "A").

JUDICIARY. H. B. No. 6375 (RAISED) (File Nos. 41 and 791) AN ACT CONCERNING UNIFORM CRIME REPORTS. (As amended by House Amendment Schedule "A").

TRANSPORTATION. Substitute for S. B. No. 1166 (RAISED) (File No. 719) AN ACT CONCERNING IGNITION INTERLOCK DEVICES.

ORDER OF THE DAY

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED TEMPORARILY

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed temporarily.

JUDICIARY. Substitute for S. B. No. 802 (RAISED) (File Nos. 99 and 604) AN ACT CONCERNING CONNECTICUT'S EGG STATUTES.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 7455) and moved adoption.

Remarking were Senators Gerratana of the 6th, Bartolomeo of the 13th, Welch of the 31st, Kane of the 32nd, Witkos of the 8th, Linares of the 33rd, Markley of the 16th, Boucher of the 26th, Kissel of the 7th, Fasano of the 34th, Bye of the 5th, Looney of the 11th, McKinney of the 28th and Williams of the 29th.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 21a-92 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

For the purposes of this chapter, [and] section 21a-65, sections 2 and 3 of this act, and section 21a-102, as amended by this act, the following terms shall have the meanings hereinafter specified:

(1) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics;

(2) (A) "Color additive" means a material which (i) is a dye, pigment or other substance made by a process of synthesis or similar artifice, or extracted, isolated or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source, and (ii) when added or applied to a food, drug or cosmetic, or to the human body or any of its parts, is capable, alone or through reaction with other substance, of imparting color thereto, except that the term "color additive" does not include any material exempted by regulation under the federal act, or which the commissioner, by regulation, determines is used, or intended to be used, solely for a purpose or purposes other than coloring; (B) the term "color" includes black, white and intermediate grays, as well as all other colors; (C) nothing in subparagraph (A) of this subdivision shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical used, or intended to be used, solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil which thereby affects its color, whether before or after harvest;

(3) "Commissioner" means the Commissioner of Consumer Protection;

(4) "Contaminated with filth" applies to any food, drug, device or cosmetic not securely protected from dust or dirt, and as far as may be necessary, by all reasonable means, from all foreign or injurious contaminations;

(5) "Cosmetic" means (A) articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body or any of its parts for cleansing, beautifying, promoting attractiveness or altering the appearance, and (B) articles intended for use as a component of any such articles; except that such term shall not include soap;

(6) "Device", except when used in subdivision (15) of this section and in subsection (i) of section 21a-93, [subsection (f)] subdivision (6) of subsection (a) of section 21a-102, as amended by this act, subsection (c) of section 21a-106 and subsection (c) of section 21a-112, means instruments, apparatus and contrivances, including their components, parts and accessories, intended (A) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in [man] humans or other animals, or (B) to affect the structure or any function of the body of [man] humans or other animals;

(7) "Director" means the director of the agricultural experiment station;

(8) "Drug" means (A) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them; (B) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in [man] humans or other animals; (C) articles, other than food, intended to affect the structure or any function of the body of [man] humans or any other animal; and (D) articles intended for use as a component of any articles specified in this subdivision; but shall not include devices or their components, parts or accessories;

(9) "Federal act" means the federal Food, Drug and Cosmetic Act, as amended, Title 21 USC 301 et seq. : 52 Stat. 1040 et seq. ;

(10) "Food" means (A) articles used for food or drink for [man] humans or other animals, [and] (B) chewing gum, (C) infant formula, and [(C)] (D) articles used for components of any such article;

(11) "Food additive" means any substance the intended use of which results or reasonably may be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food; and including any source of radiation intended for any such use, if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or, in the case of a substance used in food prior to January 1, 1958, through either scientific procedures or experience based on common use in food, to be safe under the conditions of its intended use; except that such term does not include (A) a pesticide chemical in or on a raw agricultural commodity; or (B) a pesticide chemical to the extent that it is intended for use or is used in the production, storage or transportation of any raw agricultural commodity; or (C) a color additive; or (D) any substance used in accordance with a sanction or approval granted prior to June 12, 1963, or the federal Food, Drug and Cosmetic Act, the Poultry Products Inspection Act (21 USC 451 et seq. ) or the Meat Inspection Act of March 4, 1907, as amended;

(12) "Immediate container" shall not include package liners;

(13) "Infant formula" means a milk-based or soy-based powder, concentrated liquid or ready-to-feed substitute for human breast milk that is intended for infant consumption and is commercially available;

[(13)] (14) "Intrastate commerce" means any and all commerce within the state of Connecticut and subject to its jurisdiction, and shall include the operation of any business or service establishment;

[(14)] (15) "Label" means a display of written, printed or graphic matter upon the immediate container of any article, provided a requirement made by or under authority of this chapter that any information or other word or statement appear on the label shall not be considered to be complied with unless such information or other word or statement also appears on the outside container or wrapper, if any, of the retail package of such article, or is easily legible through the outside container or wrapper;

[(15)] (16) "Labeling" means all labels and other written, printed or graphic matter (A) upon any article or any of its containers or wrappers, or (B) accompanying such article; provided, if an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device or sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual, and provided the representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment or dusting powder or for such other use as involves prolonged contact with the body;

[(16)] (17) "Natural food" means food (A) which has not been treated with preservatives, antibiotics, synthetic additives, artificial flavoring or artificial coloring; [and] (B) which has not been processed in a manner that makes such food significantly less nutritive; and (C) which has not been genetically-engineered, as defined in section 2 of this act. Processing of food by extracting, purifying, heating, fermenting, concentrating, dehydrating, cooling or freezing shall not, of itself, prevent the designation of such food as "natural food";

[(17)] (18) "New drug" means (A) any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in its labeling or (B) any drug the composition of which is such that such drug, as a result of investigation to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions, except that the provisions of this subsection pertaining to "effectiveness" shall not apply to any drug which (i) was commercially sold or used in the United States on October 9, 1962, (ii) was not a new drug as defined by this subsection prior to the enactment of these provisions, and (iii) was not covered by an effective application under section 21a-110 or under Section 355 of the federal act, when such drug is intended solely for use under conditions prescribed, recommended, or suggested in labeling with respect to such drug on whichever of the above dates is applicable;

[(18)] (19) "Official compendium" means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

[(19)] (20) "Organically grown" means produced through organic farming methods, which involve a system of ecological soil management and mechanical or biological methods to control insects, weeds, pathogens and other pests and which rely on crop rotation, crop residues, composted animal manures, legumes, green manures, composted organic waste or mineral-bearing rocks;

[(20)] (21) "Person" includes any individual, partnership, corporation, limited liability company or association;

[(21)] (22) "Pesticide chemical" means any substance which, alone, in chemical combination or in formulation with one or more other substances is an "economic poison" within the meaning of the federal Insecticide, Fungicide and Rodenticide Act, 7 USC 135-135k, and which is used in the production, storage or transportation of raw agricultural commodities;

[(22)] (23) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing;

[(23)] (24) The term "safe" has reference to the health of [man] human or animal;

[(24)] (25) "Sale" means any and every sale and includes (A) manufacture, processing, packing, canning, bottling or any other production, preparation or putting up; (B) exposure, offer or any other proffer; (C) holding, storing or any other possessing; (D) dispensing, giving, delivering, serving or any other supplying; and (E) applying, administering or any other using.

Sec. 2. (NEW) (Effective October 1, 2013) For purposes of this section, section 3 of this act, section 21a-102 of the general statutes, as amended by this act, and section 5 of this act:

(1) "Enzyme" means a protein that catalyzes chemical reactions of other substances without being destroyed or altered upon completion of such reactions;

(2) "Genetically-engineered" or "genetic engineering" means a process whereby any food intended for human consumption or any seed or seed stock that is intended to produce food for human consumption (A) is produced from an organism or organisms in which the genetics are materially altered through the application of: (i) In vitro nucleic acid techniques, including recombinant DNA (deoxyribonucleic acid) techniques, the direct injection of nucleic acid into cells or organelles, encapsulation, gene deletion and doubling, or (ii) fusion of cells that do not fall within the same taxonomic family, that overcome natural physiological reproductive or recombinant barriers and that are not techniques used in traditional breeding and selection such as conjugation, transduction and hybridization; (B) is treated with a material described in subparagraph (A) of this subdivision for purposes that include, but are not limited to, increasing a raw agricultural commodity's resistance to herbicides and pesticides; or (C) contains an ingredient, component or substance described in subparagraph (A) of this subdivision;

(3) "In vitro nucleic acid techniques" means techniques, including, but not limited to, recombinant deoxyribonucleic acid techniques, that use vector systems and techniques involving the direct introduction into organisms of hereditary materials prepared outside the organisms such as microinjection, macroinjection, chemoporation, electroporation, microencapsulation and liposome fusion;

(4) "Organism" means any biological entity capable of replication, reproduction or transferring genetic material;

(5) "Processed food" means any food intended for human consumption other than a raw agricultural commodity and includes any such food produced from a raw agricultural commodity that has been processed through canning, smoking, pressing, cooking, freezing, dehydration, fermentation or milling;

(6) "Processing aid" means: (A) Any substance that is added to a food intended for human consumption during the processing of such food but that is removed in some manner from the food before the food is packaged in a finished form; (B) any substance that is added to such food during processing, that is converted into constituents normally present in the food, and that does not significantly increase the amount of the constituents naturally found in the food; or (C) any substance that is added to such food for its technical or functional effect in the processing but that is present in the finished food at insignificant levels and that does not have any technical or functional effect in the finished food;

(7) "Retailer" means a person or entity that engages in the sale of food intended for human consumption to a consumer;

(8) "Distributor" means a person or entity that sells, supplies, furnishes or transports food intended for human consumption in this state that such person or entity does not produce; and

(9) "Manufacturer" means a person who produces food intended for human consumption or seed or seed stock that is intended to produce food for human consumption and sells such item to a retailer or distributor.

Sec. 3. (NEW) (Effective October 1, 2013) (a) On and after July 1, 2016, or on and after July 1, 2015, if a mandatory labeling law for foods made with the process of genetic engineering is adopted before July 1, 2015, by any three of the following states: (1) Maine; (2) New Hampshire; (3) Vermont; (4) Massachusetts; (5) Rhode Island; (6) New York; (7) Pennsylvania; or (8) New Jersey, no person shall sell, offer for sale or distribute in this state any (A) food intended for human consumption, or (B) seed or seed stock that is intended to produce food for human consumption that is entirely or partially genetically-engineered, except a processed food subject to the provisions of this section solely because one or more processing aids or enzymes were produced or derived from genetic engineering, unless such food, seed or seed stock is labeled as follows: (i) In the case of such wholesale food that is not intended for retail sale, on the bill of sale accompanying such food during shipping, with the clear and conspicuous words: "Produced with Genetic Engineering"; (ii) in the case of such food for retail sale contained in a package, with the clear and conspicuous words: "Produced with Genetic Engineering"; (iii) in the case of such food that is a raw agricultural commodity, on the package offered for retail sale or, in the case of any such commodity that is not separately packaged or labeled, on the retail store shelf or bin that holds such commodity displayed for sale with the clear and conspicuous words: "Produced with Genetic Engineering"; and (iv) in the case of any such seed or seed stock, on the container holding the seed or seed stock displayed for sale or any label identifying ownership or possession of the commodity with the clear and conspicuous words: "Produced with Genetic Engineering". Such food labeling shall be displayed in the same size and font as the ingredients in the nutritional facts panel on the food label.

(b) The requirements of subsection (a) of this section shall not apply to any of the following:

(1) Alcoholic beverages;

(2) Food intended for human consumption that is not packaged for retail sale and that either: (A) Is a processed food prepared and intended for immediate consumption, or (B) is served, sold or otherwise provided in any restaurant or other food facility that is primarily engaged in the sale of food prepared and intended for immediate consumption; and

(3) Farm products that are sold by a farmer or the farmer's agent to a consumer at a pick-your-own farm, roadside stand, on-farm market or farmers' market.

(c) Any person selling, offering for sale or distributing in this state any food, seed or seed stock required to be labeled as provided in this section shall be responsible for ensuring that such food, seed or seed stock is so labeled.

(d) The provisions of this section shall be enforced, within available appropriations, by the Commissioner of Consumer Protection.

(e) Any person found to knowingly violate this section shall be liable for a civil penalty not to exceed one thousand dollars per day, per product. Calculation of such civil penalty shall not be made or multiplied by the number of individual packages of the same product displayed or offered for retail sale. Civil penalties assessed under this section shall accrue and be assessed per each uniquely named, designated or marketed product.

(f) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement and enforce the provisions of this section.

Sec. 4. Section 21a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) A food shall be deemed to be misbranded: [(a)] (1) If its labeling is false or misleading in any particular. A statement on the label or labeling either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered misleading, unless the agency concerned has approved the statement prior to its use; [(b)] (2) if it is offered for sale under the name of another food; [(c)] (3) if it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated; [(d)] (4) if its container is so made, formed or filled as to be misleading; [(e)] (5) if in package form, unless it bears a label containing [(1)] (A) the name and place of business of the manufacturer, packer or distributor; and [(2)] (B) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, under [subdivision (2) of this subsection] this subparagraph, reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations promulgated by the commissioner and director, acting jointly; [(f)] (6) if any information or other word or statement, required by or under authority of this chapter to appear on the label or labeling, is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; [(g)] (7) if it purports to be or simulates or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by section 21a-100, unless [(1)] (A) it conforms to such definition and standard, and [(2)] (B) its label bears the name of the food specified in the definition and standard, and, so far as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food; [(h)] (8) if it purports to be or is represented as [(1)] (A) a food for which a standard of quality has been prescribed by regulations as provided by section 21a-100 and its quality falls below such standard, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; [or (2)] (B) a food for which a standard or standards of fill of container have been prescribed by regulations as provided by section 21a-100, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; [(3)] or (C) a food for which no definition and standard of identity and no standard of quality has been prescribed by regulations as provided by section 21a-100, and it falls below the standard of purity, quality or strength which it purports or is represented to possess; [(i)] (9) if it is not subject to the provisions of [subsection (g)] subdivision (7) of this [section] subsection, unless its label bears [(1)] (A) the common or usual name of the food, if any, and [(2)] (B) if it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings without naming each; provided, to the extent that compliance with the requirements of [subdivision (2) of this subsection] this subparagraph is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the commissioner and director, acting jointly; [(j)] (10) if it purports to be or is represented to be for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as is necessary in order fully to inform purchasers as to its value for such uses, as provided by regulations promulgated by the commissioner and director, acting jointly; [(k)] (11) if it bears or contains any artificial flavoring, artificial coloring, artificial sweetening or chemical preservative, unless it bears labeling stating that fact; provided, to the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by regulations promulgated by the commissioner and director, acting jointly; (12) if it is intended for human consumption and genetically-engineered, as defined in section 2 of this act, and does not bear labeling as required in accordance with section 3 of this act, unless (A) it is a food intended for human consumption produced without the producer's knowledge that a seed or other component of such food was genetically-engineered, or (B) on or before July 1, 2019, it is a processed food, as defined in section 2 of this act, that is subject to the provisions of section 3 of this act, solely because it contains one or more materials that have been produced with genetic engineering, as defined in section 2 of this act, provided such genetically-engineered materials do not, in the aggregate, account for more than nine-tenths of one per cent of the total weight of the processed food.

(b) Seed or seed stock that is intended to produce food for human consumption shall be deemed misbranded if it is genetically-engineered, as defined in section 2 of this act, and does not bear labeling as required in accordance with section 3 of this act.

Sec. 5. Section 21a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

All such proceedings for the enforcement, or to restrain violations, of this chapter and section 3 of this act shall be by and in the name of the state of Connecticut. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

21a-92

Sec. 2

October 1, 2013

New section

Sec. 3

October 1, 2013

New section

Sec. 4

October 1, 2013

21a-102

Sec. 5

October 1, 2013

21a-99

On the motion of Senator Looney of the 11th the bill as amended by Senate Amendment Schedule "A" (LCO 7455) was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on Consent Calendar No. 1.

BANKS. Substitute for S. B. No. 232 (RAISED) (File No. 141) AN ACT CONCERNING REVISIONS TO THE BANKING STATUTES.

Senator Leone of the 27th explained the bill and on his motion it was placed on the Consent Calendar.

SENATOR DUFF IN THE CHAIR

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT DESIGANATED

BILL REFERED TO THE COMMITTEE ON JUDICIARY

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Judiciary Committee.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 1028 (RAISED) (File No. 273) AN ACT CONCERNING INSURANCE DEPARTMENT EXAMINATIONS OF MARKET CONDUCT ACTIVITY.

Senator Crisco of the 17th explained the bill and moved passage.

Senator Kelly of the 21st offered Senate Amendment Schedule “A” (LCO 6952) and moved adoption.

Remarking was Senator Crisco of the 17th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 27 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 20

Those absent and not voting 2

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

   

N

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

A

   

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

A

   

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 10, after "who" insert the following: "are prequalified as contractors by the Commissioner of Administrative Services pursuant to section 4a-100, as amended by this act, and who"

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

"Sec. 501. Subsection (a) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) As used in this section: (1) "Prequalification" means prequalification issued by the Commissioner of Administrative Services to (A) bid on a contract or perform work pursuant to a contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or any other public work by the state or a municipality, except a public highway or bridge project or any other construction project administered by the Department of Transportation, or to perform work under such a contract as a substantial subcontractor, or (B) act as a market conduct examiner pursuant to subsection (b) of section 38a-15, as amended by this act; (2) "subcontractor" means a person who performs work with a value in excess of twenty-five thousand dollars for a contractor pursuant to a contract for work for the state or a municipality which is estimated to cost more than five hundred thousand dollars; (3) "principals and key personnel" includes officers, directors, shareholders, members, partners and managerial employees; (4) "aggregate work capacity rating" means the maximum amount of work an applicant is capable of undertaking for any and all projects; (5) "single project limit" means the highest estimated cost of a single project that an applicant is capable of undertaking; (6) "contract" means an agreement for work for the state or a municipality that is estimated to cost more than five hundred thousand dollars and is funded, in whole or in part, by state funds; and (7) "substantial subcontractor" means a person who performs work with a value in excess of five hundred thousand dollars for a contractor pursuant to a contract for work for the state or a municipality which is estimated to cost more than five hundred thousand dollars. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

October 1, 2013

4a-100(a)

Senator Kelly of the 21st explained the bill, offered Senate Amendment Schedule “B” (LCO 6950) and moved adoption.

Remarking were Senators Crisco of the 17th, Welch of the 31st, McKinney of the 28th and Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 04 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “B” (LCO 6950) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

   

N

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 51, after "(1)" insert "(A)"

After line 56, insert the following:

"(B) The commissioner shall submit a report annually, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to insurance. Such report shall include (i) a list of the names of all attorneys, actuaries, accountants and other experts engaged by the commissioner under subdivision (1) of this subsection and all market conduct examiners appointed by the commissioner under subsection (b) of this section in the preceding year, and (ii) the basis for each such engagement or appointment including, but not limited to, each person's abilities and qualifications.

(C) The commissioner shall submit annually to the Office of State Ethics the list under subparagraph (B)(i) of this subdivision. Said office shall conduct an investigation into any connection between the commissioner and each person included in such list for potential conflicts of interest under chapter 10. "

Senator Kelly of the 21st explained the bill, offered Senate Amendment Schedule “C” (LCO 6954) and moved adoption.

Remarking were Senators Crisco of the 17th, Fasano of the 34th, Welch of the 31st and McLachlan of the 24th.

On the motion of Senator Looney of the 11th the bill was referred to the Committee on Judiciary with Senate Amendment Schedule "C" (LCO 6954) designated.

PRESIDENT IN THE CHAIR

BUSINESS ON THE CALENDAR

BILL PASSED TEMPORARILY EARLIER TODAY

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill as amended passed.

JUDICIARY. Substitute for S. B. No. 802 (RAISED) (File Nos. 99 and 604) AN ACT CONCERNING CONNECTICUT'S EGG STATUTES.

Senator Meyer of the 12th explained the bill as amended and moved passage.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 36 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote Senate Bill No. 802 as amended by Senate Amendment Schedule “A” (LCO 7455) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

ENVIRONMENT. S. B. No. 326 (COMM) (File No. 146) AN ACT CONCERNING CONSUMER PROTECTION.

Senator Doyle of the 9th explained the bill and moved passage.

Senator Meyer of the 12th offered Senate Amendment Schedule “A” (LCO 7420) and moved adoption.

Remarking was Senator Chapin of the 30th.

On a voice vote the amendment was adopted

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 22-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) All shell eggs of chickens sold or offered for sale for human consumption in this state by any person, firm or corporation shall be labeled with the grade and size designation as set forth in the consumer grades, except as hereinafter provided, and shall be labeled in compliance with the federal Food, Drug and Cosmetic Act and the federal Egg Products Inspection Act. All shell eggs of turkeys, ducks, quail, guinea fowl or other birds whose eggs are suitable for human consumption and that are sold or offered for sale in this state by any person, firm or corporation shall be labeled in compliance with the federal Food, Drug and Cosmetic Act and the federal Nutrition Labeling and Education Act.

(b) All retail establishments shall handle and store all shell eggs in compliance with the federal Food, Drug and Cosmetic Act. All shell egg distribution and shell egg grading establishments shall store, handle and transport eggs in compliance with the federal Egg Products Inspection Act.

(c) All shell eggs offered for sale shall be held, stored and transported at an ambient air temperature of not greater than forty-five degrees Fahrenheit, except that shell eggs may, for a functional reason, be tempered for processing, provided such eggs are not held for more than thirty-six hours at room temperature.

Sec. 2. Section 22-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[The standards of quality for consumer grades for shell eggs grade AA, grade A, grade B and grade C, established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, shall apply to all shell eggs sold or offered for sale by any person, firm or corporation. Any edible eggs not conforming to the specifications of grade AA, A, B or C shall be sold as "undergrade eggs", or as "checks", "cracks" or "dirties". ] All shell eggs of chickens sold or offered for sale by any person, firm or corporation shall meet at least one of the consumer grades for shell eggs established by the United States Department of Agriculture under the federal Egg Products Inspection Act. Nonconforming edible eggs of chickens shall be sold as "undergrade eggs", or as "checks", "cracks" or "dirties". The final determination as to meeting these grades shall be made by candling.

Sec. 3. Section 22-42 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The net weight and size requirements for consumer grades for shell eggs, established by the [Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27,] United States Department of Agriculture under the federal Egg Products Inspection Act shall apply to all shell eggs of chickens sold or offered for sale in this state by any person, firm or corporation.

Sec. 4. Section 22-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The term "fresh eggs", "strictly fresh eggs", "hennery eggs" or "new-laid eggs" or words or descriptions of similar import shall not be used on any eggs which do not meet the minimum requirements for consumer grade A, or on any eggs which have been held in cold storage for more than thirty days. The word "Connecticut" may not be used in connection with the official grades unless the person or firm engaged in packing the eggs is registered with the state's Department of [Consumer Protection] Agriculture and the eggs were produced on Connecticut farms.

Sec. 5. Section 22-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person, firm or corporation shall advertise, falsely label, sell or offer for sale any eggs which do not conform to the [standards for quality and size for consumer grades established by the Commissioner of Agriculture, after consultation with the Commissioner of Consumer Protection, under the provisions of subsection (b) of section 22-27 and section 22-29, or which do not conform to the provisions of sections 22-40 to 22-44, inclusive] provisions of this part.

(b) The sale of: [inedible] (1) Inedible or adulterated eggs, as defined under the federal Food, Drug and Cosmetic Act, or the federal Egg Products Inspection Act, or (2) incubated eggs is prohibited, except that incubated eggs may be sold as commercial feed or for other commercial purposes other than human consumption, provided such incubated eggs shall be broken and denatured on the premises where incubated, in a manner approved by the Commissioner of [Consumer Protection] Agriculture or the commissioner's designated agent.

Sec. 6. Section 22-48 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[The Commissioner of Consumer Protection shall enforce the provisions of sections 22-40 to 22-45, inclusive, and may adopt suitable regulations to carry out such enforcement. ]

(a) The Commissioner of Consumer Protection or the commissioner's designated agent shall enforce the provisions of this part by inspection of retail and wholesale distribution establishments in this state at a frequency determined by the commissioner. The Commissioner of Consumer Protection or the commissioner's designated agent may issue any notice of violation or order necessary to ensure compliance with this part. The Commissioner of Consumer Protection, in consultation with the Commissioner of Agriculture, may adopt regulations to carry out the provisions of this subsection.

(b) The Commissioner of Agriculture or the commissioner's designated agent shall enforce the provisions of this part by inspection of egg producers and egg grading plants in this state at a frequency determined by the Commissioner of Agriculture. The Commissioner of Agriculture or the commissioner's designated agent may issue any notice of violation or order necessary to ensure compliance with this part. The Commissioner of Agriculture, in consultation with the Commissioner of Consumer Protection, may adopt regulations to carry out the provisions of this subsection.

Sec. 7. Section 22-48a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[Each person, firm or corporation operating an egg-grading plant in Connecticut, which engages in receiving eggs from Connecticut producers for processing, distribution or sale, shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Such registered person, firm or corporation shall not receive eggs for processing without a permit from the commissioner. Each person, firm or corporation so registered shall keep on file a list of all producers from which eggs are received. ]

(a) For the purposes of this part, (1) "egg-grading plant" means any person, firm or corporation who engages in grading, washing or packing eggs in this state; (2) "egg distributor" means any person, firm or corporation in this state who receives packaged eggs and who distributes such eggs in the original packaging to institutional, wholesale or retail establishments; (3) "shell egg" means any egg still in the shell; and (4) "egg" means a shell egg.

(b) Each person, firm or corporation operating an egg grading plant in this state shall register with the Commissioner of Agriculture in a manner and on forms prescribed and furnished by the commissioner. Such registration shall be renewed annually during the month of October. Each location where eggs are washed, graded or packed in the final container shall be registered separately. Such registered person, firm or corporation shall not receive, distribute, process or offer eggs for sale without a permit.

(c) Each person, firm or corporation distributing eggs in this state shall register with the Commissioner of Consumer Protection in a manner and on forms prescribed and furnished by the Commissioner of Consumer Protection. Such registered person, firm or corporation shall not receive, distribute, process or offer eggs for sale in this state without a permit.

(d) Each registration for an egg grading plant or an egg distributor shall be renewed annually during the month of October. The annual registration and renewal fee for an egg grading plant or an egg distributor shall be fixed as follows: (1) For firms processing or handling less than six thousand dozen eggs per year, twenty dollars; (2) for firms processing or handling more than six thousand and less than thirty thousand dozen eggs per year, one hundred dollars; (3) for firms processing or handling more than thirty thousand and less than one hundred fifty thousand dozen eggs per year, three hundred dollars; or (4) for firms processing or handling more than one hundred fifty thousand dozen eggs per year, four hundred dollars.

(e) Each person registered pursuant to this section shall, at all times, keep on file a list of all sources from which eggs are received and a list of all accounts to which eggs are sold. Such lists shall be subject to inspection and shall be provided to the Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, or such commissioners' respective designated agent upon request.

(f) Any application for registration or registration issued pursuant to this section may be refused, suspended or revoked for cause. In refusing to register or, in suspending or revoking any registration, the Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, shall give due consideration to the applicant's or registrant's, as applicable, history of compliance with any written orders or notices of violation issued for any violation of this part or for any written violation of the general statutes or the regulations of Connecticut state agencies concerning food storage, food handling, food sanitation, food safety, egg room sanitation, egg disinfection, egg holding, egg packing, egg storage or egg cooling requirements. All registrations issued pursuant to this section shall be nontransferable.

(g) Any person aggrieved by an order of the Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, or such commissioners' respective designated agent may appeal such order and request an administrative hearing, provided such appeal is in writing and received by the commissioner of the issuing agency not later than ten days after the date such person received such order. Such administrative hearing, if properly requested, shall be held not later than forty-five days after the date of such request. Any appeal made pursuant to this section shall be limited to whether or not the conditions or violations cited in such order existed. The Commissioner of Agriculture or the Commissioner of Consumer Protection, as applicable, or such commissioners' respective designated hearing officer shall render a final decision based upon all the evidence introduced, applying all pertinent provisions of law and regulations. Any final order of the Commissioner of Agriculture or the Commissioner of Consumer Protection, or such commissioners' respective designated hearing officer shall be subject to appeal, as set forth in sections 4-183 and 4-184, except that any such appeal shall be taken to the superior court for the judicial district of Hartford. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

22-40

Sec. 2

from passage

22-41

Sec. 3

from passage

22-42

Sec. 4

from passage

22-44

Sec. 5

from passage

22-45

Sec. 6

from passage

22-48

Sec. 7

from passage

22-48a

Senator Meyer of the 12th offered Senate Amendment Schedule “B” (LCO 7473) and moved adoption.

Remarking were Senators Chapin of the 30th and Frantz of the 36th.

On a voice vote the amendment was adopted

The following is the Amendment.

In lines 7 and 48, after "Act" insert ", as amended from time to time,"

In lines 8, 12, 13, 15, 18, 37 and 72, after "Act" insert ", as amended from time to time"

In line 94, strike "producers" and insert "distributors" in lieu thereof

In line 117, insert "and" before "(3)"

In line 118, after "shell" strike "; and (4) "egg" means a shell egg"

In line 124, strike "Such registered" and insert "No" in lieu thereof

In line 125, strike "not"

In line 126, strike "permit" and insert "registration" in lieu thereof

In line 130, strike "Such registered" and insert "No" in lieu thereof

In line 131, strike "not"

In line 132, strike "permit" and insert "registration" in lieu thereof

In line 137, strike "less than" and after "eggs" insert "or less"

In line 138, strike "less"

In line 139, strike "than" and after "eggs" insert "or less"

In line 142, strike "more than"

In line 143, after "eggs" insert "or more"

Senator Meyer of the 12th offered Senate Amendment Schedule “C” (LCO 7483) and moved adoption.

Remarking were Senators Chapin of the 30t and Welch of the 31st.

On a voice vote the amendment was adopted

The following is the Amendment.

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

"Sec. 501. Subsection (e) of section 22-344 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) (1) No animal importer shall import any dog or cat into this state until such person registers as an animal importer with the commissioner. Such registration shall be on a form as prescribed by the commissioner. Such registration shall require the submission of the following information: (A) The name, mailing address, business address, telephone number and Internet address of such registrant, (B) if such registrant is domiciled out-of-state, the name, Connecticut address and phone number of a Connecticut-based agent for service of process, and (C) the number of animals brought into the state during the prior year by such animal importer and the state or country of origin for each such animal. Such registration shall be accompanied by payment of a fee of one hundred dollars and shall be valid until the December thirty-first following such registration. Such registration shall be renewed annually, in accordance with the provisions of this subsection, provided the commissioner determines that such registrant complies with any requirements provided by the commissioner as to the health, safety and humane treatment of animals that is applicable to animal importers. Such registration shall not be required for any employee or volunteer of a registered animal importer or other person who is required to be licensed pursuant to the provisions of this chapter, provided such employee, volunteer or other person is not otherwise an animal importer. Any person who violates the provisions of this subdivision shall be fined not more than five hundred dollars.

(2) Any animal importer who intends to offer for sale, adoption or transfer any dog or cat at a venue or location that is open to the public or at an outdoor location, including, but not limited to, a parking lot or shopping center, shall provide notice to the Department of Agriculture and the municipal zoning enforcement officer of the town where any such sale, adoption or transfer will occur, not later than ten days prior to such event. Such notice shall state the date for such sale, adoption or transfer event, the exact location of such event and the anticipated number of animals for sale, adoption or transfer at such event. Any person who fails to provide notice as required pursuant to this subdivision shall be fined not more than one hundred dollars per animal that is offered for sale, adoption or transfer at such event.

(3) For the purpose of this subsection, "animal importer" means a person who brings any dog or cat into this state from any other sovereign entity for the purpose of offering such dog or cat to any person for sale, adoption or transfer in exchange for any fee, sale, voluntary contribution, service or any other consideration. "Animal importer" includes any commercial or nonprofit animal rescue or adoption, humane relocation or delivery organization that is not otherwise required to be licensed under the provisions of this chapter.

(4) The provisions of this subsection shall not be construed to apply to any animal importer who offers a dog or cat for sale to a pet shop that is licensed in accordance with the provisions of subsection (b) of this section, provided such animal is delivered directly to a pet shop.

(5) The Commissioner of Agriculture may inspect any animal imported by an animal importer or any record required to be kept by such animal importer, provided such inspection shall not authorize the entry of the commissioner into the residence of such animal importer.

(6) Not later than December 31, 2013, the Commissioner of Agriculture shall prescribe the conditions that constitute the humane treatment of animals that is applicable to animal importers. Such conditions shall include, but not be limited to, the appropriate shelter, availability of food and water and standard of care to be provided by an animal importer to such animals. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

from passage

22-344(e)

     

On motion of Senator Meyer of the 12th, the bill as amended by Senate Amendment Schedule "A" (LCO 7172), "B" (LCO 7473) and "C" (LCO 7483) was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILLS PASSED

The following favorable report were taken from the table, read the third time, the report of the Committees accepted and the bills passed

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 1031 (RAISED) (File No. 274) AN ACT CONCERNING THE INSURANCE DEPARTMENT'S AUTHORITY TO PROTECT CONSUMERS.

Senator Crisco of the 17th explained the bill and moved passage.

Senator Kelly of the 21st offered Senate Amendment Schedule “A” (LCO 6107) and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 11 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “A” (LCO 6107) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

   

N

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

Strike section 4 in its entirety and insert the following in lieu thereof:

"Sec. 4. (NEW) (Effective January 1, 2014) (a) No insurer, health care center, fraternal benefit society, hospital service corporation, medical service corporation or other entity delivering, issuing for delivery, renewing, amending or continuing any individual or group health insurance policy or health care plan in this state shall use a discretionary clause to (1) override definitions and terms contained in such policy or plan, or (2) deny a claim that is otherwise properly payable under the terms of such policy or plan.

(b) As used in this section, "discretionary clause" means any provision in an individual or group health insurance policy or health care plan that (1) reserves discretion to the insurer, health care center, fraternal benefit society, hospital service corporation, medical service corporation or other entity delivering, issuing for delivery, renewing, amending or continuing such policy or plan to interpret the terms of such policy or plan, or (2) provides standards of interpretation or review that are inconsistent with the laws of this state. "

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 17 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 34

Those voting Nay 2

Those absent and not voting 0

On the roll call vote Senate Bill No. 1031 was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

HUMAN SERVICES. Substitute for S. B. No. 852 (RAISED) (File No. 339) AN ACT CONCERNING NURSING HOME OVERSIGHT AND COMMUNITY-BASED PLACEMENTS.

Senator Slossberg of the 14th explained the bill, offered Senate Amendment Schedule “A” (LCO 7213) and moved adoption.

Remarking was Senators Kelly of the 21st.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 26, after "committee" and before the comma, insert an opening bracket

In line 29, before "is" strike the opening bracket and strike "may have"

In line 30, strike "insufficient resources to meet its operating costs" and insert in lieu thereof "shall (1) evaluate any information and data available, including but not limited to, (A) quality of care, (B) acuity, (C) census, and (D) staffing levels of nursing homes operating in the state to assess the overall infrastructure and projected needs of such homes, and (2) recommend appropriate action consistent with the goals, strategies and long-term care needs set forth in the strategic plan developed pursuant to subsection (c) of section 17b-369

In line 48, after "health" and before the comma, insert an opening bracket

In line 49, after "Ombudsman" insert a closing bracket

In line 51, strike "Said joint standing committee chairpersons and"

Strike lines 52 to 55, inclusive, in their entirety

Remarking were Senators Markley of the 16th and McLachlan of the 24th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 31 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote Senate Bill No. 852 as amended by Senate Amendment Schedule “A” (LCO 7213) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILLS PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 1.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 1093 (RAISED) (File No. 392) AN ACT CONCERNING REVISIONS TO THE INSURANCE STATUTES.

Senator Crisco of the 17th explained the bill and moved passage.

Remarking were Senators Kelly of the 21st and Welch of the 31st.

On motion of Senator Crisco of the 17th, the bill was placed on the Consent Calendar No. 1

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 1139 (RAISED) (File No. 497) AN ACT CONCERNING CHANGES TO PROGRAM APPROVAL FOR INSTITUTIONS OF HIGHER EDUCATION.

Senator Bye of the 5th explained the bill, offered Senate Amendment Schedule “A” (LCO 7517) and moved adoption.

Remarking was Senators Boucher of the 26th.

On a voice vote the amendment was adopted.

The following is the Amendment.

On motion of Senator Bye of the 5th, the bill as amended by Senate Amendment Schedule "A" (LCO 7517) was placed on the Consent Calendar No. 1

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 960 (RAISED) (File No. 562) AN ACT AUTHORIZING MUNICIPALITIES TO PROTECT HISTORIC PROPERTIES AND DISTRICTS.

Senator Cassano of the 4th explained the bill and moved passage.

Remarking were Senators Welch of the 31st, LeBeau of the 3rd and Chapin of the 30th.

On motion of Senator Cassano of the 4th, the bill was placed on the Consent Calendar No. 1

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED TEMPORARILY

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed temporarily.

EDUCATION. Substitute for H. B. No. 6358 (File Nos. 503 and 800) AN ACT UNLEASHING INNOVATION IN CONNECTICUT SCHOOLS. (As amended by House Amendment Schedules "A" and "B").

Senator Stillman of the 20th explained the bill as amended and moved passage.

Senator Stillman of the 20th moved for rejection of House Amendment Schedule "B"

Remarking was Senator Boucher of the 26th.

On the motion of Senator Looney of the 11th the bill was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR

On motion of Senator Looney of the 11th, the following bills which were starred for action were placed on the Consent Calendar in accordance with Senate Rule 31.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 103 RESOLUTION CONFIRMING THE NOMINATION OF MOTKUE BOWLES OF WEST HARTFORD TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL. In concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 104 RESOLUTION CONFIRMING THE NOMINATION OF THERESA HOPKINS-STATEN, ESQUIRE OF WEST HARTFORD TO BE A MEMBER OF THE STATE BOARD OF EDUCATION. In concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 105 RESOLUTION CONFIRMING THE NOMINATION OF JOSEPH A. MACDOUGALD OF MADISON TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE CONNECTICUT RESOURCES RECOVERY AUTHORITY. In concurrence with the House.

CONSENT CALENDAR NO. 1

ADOPTED

The chair ordered the vote on business placed on the Consent Calendar be taken by roll call.

The following is the result of the vote at 11: 05 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No. 1 was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

APPROPRIATIONS

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Appropriations.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 975 (RAISED) (File No. 343) AN ACT CONCERNING REVISIONS TO THE TRANSPORTATION STATUTES AND THE DESIGNATION OF ROADS AND BRIDGES IN HONOR OR IN MEMORY OF PERSONS AND ORGANIZATIONS.

BUSINESS ON THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

HUMAN SERVICES

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Human Services.

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 6542 (RAISED) (File Nos. 465 and 804) AN ACT CONCERNING THE PRESERVATION OF FARMLAND AT THE SOUTHBURY TRAINING SCHOOL. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

MATTER REMOVED FROM THE FOOT OF THE CALENDAR

On motion of Senator Looney of the 11th, the following matter was placed on the foot of the calendar:

INSURANCE AND REAL ESTATE. S. B. No. 899 (RAISED) (File No. 438) AN ACT CONCERNING REVISIONS TO STATUTES CONCERNING THE COMPTROLLER.

BUSINESS ON THE CALENDAR

MATTER PLACED ON FOOT OF THE CALENDAR

On motion of Senator Looney of the 11th, the following matter was placed on the foot of the calendar:

GENERAL LAW. Substitute for S. B. No. 439 (COMM) (File No. 106) AN ACT CONCERNING GASOLINE PUMP DISPLAY SCREENS.

JUDICIARY. S. B. No. 1122 (RAISED) (File No. 610) AN ACT CONCERNING THE EXTRADITION OF FUGITIVES.

EDUCATION. H. B. No. 6622 (RAISED) (File No. 468) AN ACT CONCERNING DISTRICT PARTNERSHIPS.

JUDICIARY. S. B. No. 1017 (RAISED) (File No. 653) AN ACT CONCERNING ABANDONED BOATS.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 848 (File No. 561) AN ACT IMPLEMENTING PROVISIONS OF THE BUDGET CONCERNING PUBLIC HEALTH.

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 11: 07 p. m. adjourned subject to the call of the chair.