JOURNAL OF THE SENATE

Wednesday, May 29, 2013

The Senate was called to order at 11: 20 a. 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 Ecclesiates 2: 13

"I saw that wisdom is better than folly, just as light is better than darkness":

Let us pray.

Gracious God, look in favor upon these Senators and staff. Provide them with every needful thing to do the work of the people. Give them the necessary means to govern with righteousness and justice. Give then wisdom, strength and vision to do that is best for our great state of Connecticut.

Bless our President and protect our Governor, our Lieutenant Governor, our Senators and our Troops who are in harm's way. Hear us as we pray and let us say. Amen.

PLEDGE

Senator Crisco of the 17th, led the Senate in the pledge of Allegiance.

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE JOINT RESOLUTION

The following favorable report was received from the Joint Standing Committees indicated, read the second time and tabled for the calendar.

JUDICIARY. S. R. No. 32 (File No. 873) RESOLUTION APPROVING THE STIPULATED AGREEMENT IN CHERIE EASTERLING, ET AL. V. STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILLS PASSED

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

EDUCATION. Substitute for S. B. No. 1097 (RAISED) (File No. 544) AN ACT CONCERNING REVISIONS TO THE EDUCATION REFORM ACT OF 2012. (LCO 7608) was designated Senate Amendment "A" on May 22.

Senator Stillman of the 20th withdrew Senate Amendment Schedule "A" (LCO7608).

Senator Stillman of the 20th offered Senate Amendment Schedule “B” (LCO 7844) and moved adoption.

Remarking were Senators Boucher of the 26th and Bye of the 5th.

On a voice vote the amendment was adopted

The following is the Amendment.

Strike sections 1 and 2 in their entirety and insert the following in lieu thereof:

"Section 1. Section 10-151b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The superintendent of each local or regional board of education shall annually evaluate or cause to be evaluated each teacher, [in accordance with guidelines established by the State Board of Education, pursuant to subsection (c) of this section, and such other guidelines as may be established by mutual agreement between the local or regional board of education and the teachers' representative chosen pursuant to section 10-153b, and] and for the school year commencing July 1, 2013, and each school year thereafter, such annual evaluations shall be the teacher evaluation and support program adopted pursuant to subsection (b) of this section. The superintendent may conduct additional formative evaluations toward producing an annual summative evaluation. An evaluation pursuant to this subsection shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth. Claims of failure to follow the established procedures of such teacher evaluation and support [programs] program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004. In the event that a teacher does not receive a summative evaluation during the school year, such teacher shall receive a "not rated" designation for such school year. The superintendent shall report (1) the status of teacher evaluations to the local or regional board of education on or before June first of each year, and (2) the status of the implementation of the teacher evaluation and support program, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers who have not been evaluated and other requirements as determined by the Department of Education, to the Commissioner of Education on or before June thirtieth of each year. For purposes of this section, the term "teacher" shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education.

(b) [(1)] Except as provided in subsection (d) of this section, not later than September 1, 2013, each local and regional board of education shall [develop] adopt and implement a teacher evaluation [programs] and support program that is consistent with the guidelines for a model teacher evaluation and support program adopted by the State Board of Education, pursuant to subsection (c) of this section. [, and consistent with the plan developed in accordance with the provisions of subsection (b) of section 10-220a] Such teacher evaluation and support program shall be developed through mutual agreement between the local or regional board of education and the professional development and evaluation committee for the school district, established pursuant to subsection (b) of section 10-220a, as amended by this act. If a local or regional board of education is unable to develop a teacher evaluation and support program through mutual agreement with such professional development and evaluation committee, then such board of education and such professional development and evaluation committee shall consider the model teacher evaluation and support program adopted by the State Board of Education, pursuant to subsection (c) of this section, and such board of education may adopt, through mutual agreement with such professional development and evaluation committee, such model teacher evaluation and support program. If a local or regional board of education and the professional development and evaluation committee are unable to mutually agree on the adoption of such model teacher evaluation and support program, then such board of education shall adopt and implement a teacher evaluation and support program developed by such board of education, provided such teacher evaluation and support program is consistent with the guidelines adopted by the State Board of Education, pursuant to subsection (c) of this section. Each local and regional board of education may commence implementation of the teacher evaluation and support program adopted pursuant to this subsection in accordance with a teacher evaluation and support program implementation plan adopted pursuant to subsection (d) of this section.

[(2) Not later than June thirtieth of each year, each superintendent shall report to the Commissioner of Education the status of the implementation of teacher evaluations, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers who have not been evaluated and other requirements as determined by the Department of Education. ]

(c) (1) On or before July 1, 2012, the State Board of Education shall adopt, in consultation with the Performance Evaluation Advisory Council established pursuant to section 10-151d, as amended by this act, guidelines for a model teacher evaluation and support program. Such guidelines shall include, but not be limited to, [(1)] (A) the use of four performance evaluations designators: Exemplary, proficient, developing and below standard; [(2)] (B) the use of multiple indicators of student academic growth and development in teacher evaluations; [(3)] (C) methods for assessing student academic growth and development; [(4)] (D) a consideration of control factors tracked by the state-wide public school information system, pursuant to subsection (c) of section 10-10a, that may influence teacher performance ratings, including, but not limited to, student characteristics, student attendance and student mobility; [(5)] (E) minimum requirements for teacher evaluation instruments and procedures, including scoring systems to determine exemplary, proficient, developing and below standard ratings; [(6)] (F) the development and implementation of periodic training programs regarding the teacher evaluation and support program to be offered by the local or regional board of education or regional educational service center for the school district to teachers who are employed by such local or regional board of education and whose performance is being evaluated and to administrators who are employed by such local or regional board of education and who are conducting performance evaluations; [(7)] (G) the provision of professional development services based on the individual or group of individuals' needs that are identified through the evaluation process; [(8)] (H) the creation of individual teacher improvement and remediation plans for teachers whose performance is developing or below standard, designed in consultation with such teacher and his or her exclusive bargaining representative for certified teachers chosen pursuant to section 10-153b, and that [(A)] (i) identify resources, support and other strategies to be provided by the local or regional board of education to address documented deficiencies, [(B)] (ii) indicate a timeline for implementing such resources, support, and other strategies, in the course of the same school year as the plan is issued, and [(C)] (iii) include indicators of success including a summative rating of proficient or better immediately at the conclusion of the improvement and remediation plan; [(9)] (I) opportunities for career development and professional growth; and [(10)] (J) a validation procedure to audit evaluation ratings of exemplary or below standard by the department [,] or a third-party entity approved by the department. [, to validate such exemplary or below standard evaluation ratings. The State Board of Education, following the completion of the teacher evaluation and support pilot program, pursuant to section 10-151f, and the submission of the study of such pilot program, pursuant to section 10-151g, shall validate the guidelines adopted under this subsection. ]

(2) The State Board of Education shall, following the completion of the teacher evaluation and support pilot program, pursuant to section 10-151f, as amended by this act, and the submission of the study of such pilot program, pursuant to section 10-151g, as amended by this act, review and may revise, as necessary, the guidelines for a model teacher evaluation and support program and the model teacher evaluation and support program adopted under this subsection.

(d) [The State Board of Education] A local or regional board of education may phase in full implementation of the teacher evaluation and support program adopted pursuant to subsection (b) of this section during the school years commencing July 1, 2013, and July 1, 2014, pursuant to a teacher evaluation and support program implementation plan adopted by the State Board of Education, in consultation with the Performance Evaluation Advisory Council, not later than July 1, 2013. The Commissioner of Education may waive the provisions of [subdivision (1) of] subsection (b) of this section and the implementation plan provisions of this subsection for any local or regional board of education that has [developed] expressed an intent, not later than July 1, 2013, to adopt a teacher evaluation program [prior to the validation of the model teacher evaluation and support program guidelines described in subsection (c) of this section and that the State Board of Education determines is in substantial compliance with such model teacher evaluation and support program guidelines. ] for which such board requests a waiver in accordance with this subsection.

Sec. 2. Subsections (a) and (b) of section 10-220a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each local or regional board of education shall provide an in-service training program for its teachers, administrators and pupil personnel who hold the initial educator, provisional educator or professional educator certificate. Such program shall provide such teachers, administrators and pupil personnel with information on (1) the nature and the relationship of drugs, as defined in subdivision (17) of section 21a-240, and alcohol to health and personality development, and procedures for discouraging their abuse, (2) health and mental health risk reduction education which includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, as defined in section 19a-581, violence, teen dating violence, domestic violence, child abuse and youth suicide, (3) the growth and development of exceptional children, including handicapped and gifted and talented children and children who may require special education, including, but not limited to, children with attention-deficit hyperactivity disorder or learning disabilities, and methods for identifying, planning for and working effectively with special needs children in a regular classroom, including, but not limited to, implementation of student individualized education programs, (4) school violence prevention, conflict resolution, the prevention of and response to youth suicide and the identification and prevention of and response to bullying, as defined in subsection (a) of section 10-222d, except that those boards of education that implement any evidence-based model approach that is approved by the Department of Education and is consistent with subsection (d) of section 10-145a, [subsection (a) of section 10-220a,] sections 10-222d, 10-222g and 10-222h, subsection (g) of section 10-233c and sections 1 and 3 of public act 08-160, shall not be required to provide in-service training on the identification and prevention of and response to bullying, (5) cardiopulmonary resuscitation and other emergency life saving procedures, (6) computer and other information technology as applied to student learning and classroom instruction, communications and data management, (7) the teaching of the language arts, reading and reading readiness for teachers in grades kindergarten to three, inclusive, (8) second language acquisition in districts required to provide a program of bilingual education pursuant to section 10-17f, (9) the requirements and obligations of a mandated reporter. Each local and regional board of education may allow any paraprofessional or noncertified employee to participate, on a voluntary basis, in any in-service training program provided pursuant to this section, and (10) the teacher evaluation and support program [developed] adopted pursuant to subsection (b) of section 10-151b, as amended by this act. The State Board of Education, within available appropriations and utilizing available materials, shall assist and encourage local and regional boards of education to include: (A) Holocaust and genocide education and awareness; (B) the historical events surrounding the Great Famine in Ireland; (C) African-American history; (D) Puerto Rican history; (E) Native American history; (F) personal financial management; (G) domestic violence and teen dating violence; and (H) topics approved by the state board upon the request of local or regional boards of education as part of in-service training programs pursuant to this subsection.

(b) Not later than a date prescribed by the commissioner, each local and regional board of education shall establish a professional development and evaluation committee consisting of certified employees, and such other school personnel as the board deems appropriate, including representatives [of] selected by the exclusive bargaining representative for such employees chosen pursuant to subsection (b) of section 10-153. The duties of such committees shall include, but not be limited to, participation in the development or adoption of a teacher evaluation and support program for the district, pursuant to section 10-151b, as amended by this act, and the development, evaluation and annual updating of a comprehensive local professional development plan for certified employees of the district. Such plan shall: (1) Be directly related to the educational goals prepared by the local or regional board of education pursuant to subsection (b) of section 10-220, (2) on and after July 1, 2011, be developed with full consideration of the priorities and needs related to student outcomes as determined by the State Board of Education, and (3) provide for the ongoing and systematic assessment and improvement of both teacher evaluation and professional development of the professional staff members of each such board, including personnel management and evaluation training or experience for administrators, shall be related to regular and special student needs and may include provisions concerning career incentives and parent involvement. The State Board of Education shall develop guidelines to assist local and regional boards of education in determining the objectives of the plans and in coordinating staff development activities with student needs and school programs. "

Strike sections 6 to 8, inclusive, in their entirety and insert the following in lieu thereof:

"Sec. 6. Subsection (b) of section 10-151f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The teacher evaluation and support pilot program described in subdivision (1) of subsection (a) of this section shall (1) assess and evaluate the implementation of a teacher evaluation and support program [developed] adopted by a local or regional board of education pursuant to subsection (b) of section 10-151b, as amended by this act, that is in compliance with the guidelines for a model teacher evaluation and support program or the model teacher evaluation and support program adopted pursuant to subsection (c) of section 10-151b, as amended by this act, (2) identify district needs for technical assistance and support in implementing such teacher evaluation and support program, (3) provide training to administrators in how to conduct performance evaluations under the teacher evaluation and support program, (4) provide orientation to teachers being evaluated under the teacher evaluation and support program, (5) include a validation process for performance evaluations to be conducted by the Department of Education, or the department's designee, and (6) provide funding for the administration of the teacher evaluation and support program developed by the local or regional board of education.

Sec. 7. Subsection (b) of section 10-151g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) Upon completion of such study, but not later than January 1, 2014, the Neag School of Education at The University of Connecticut shall (1) submit to the State Board of Education such study and any [recommendation concerning validation of the] recommendations concerning revisions to the guidelines for a model teacher evaluation and support program [guidelines] or model teacher evaluation and support program adopted by the State Board of Education pursuant to subsection (c) of section 10-151b, as amended by this act, and (2) submit such study and any such recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to education, in accordance with the provisions of section 11-4a.

Sec. 8. Section 10-151h of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[Prior to] Upon the implementation of (a) the teacher evaluation and support program [developed] adopted pursuant to subsection (b) of section 10-151b, as amended by this act, [but not later than July 1, 2014,] each local and regional board of education shall conduct training programs for all evaluators and orientation for all teachers employed by such board relating to the provisions of such teacher evaluation and support program [developed] adopted by such board of education. Such training shall provide instruction to evaluators in how to conduct proper performance evaluations prior to conducting an evaluation under the teacher evaluation and support program. Such orientation shall be completed by each teacher before a teacher receives an evaluation under the teacher evaluation and support program. For purposes of this section, the term "teacher" shall include each professional employee of a board of education, below the rank of superintendent, who holds a certificate or permit issued by the State Board of Education.

(b) For the school year commencing July 1, 2014, and each school year thereafter, each local and regional board of education shall (1) conduct the training programs and orientation described in subsection (a) of this section at least biennially to all evaluators and teachers employed by such board, (2) conduct such training programs for all new evaluators prior to any evaluations conducted by such evaluators, and (3) provide such orientation to all new teachers hired by such board before such teachers receive an evaluation. "

Strike section 10 in its entirety and renumber the remaining sections and internal references accordingly

Strike section 14 in its entirety and insert the following in lieu thereof:

"Sec. 14. Section 10-145r of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

For the school year commencing July 1, 2014, and [each school year] biennially thereafter, the local or regional board of education [for all certified employees who hold] that employs a certified individual who holds an initial, provisional or professional educator certificate with an early childhood nursery through grade three or an elementary endorsement [and are employed] in a position requiring such an endorsement in kindergarten to grade three, inclusive, shall require [all such certified employees to take the practice version of] each such certified individual to take a survey on reading instruction, developed by the Department of Education that is based on the reading instruction examination approved by the State Board of Education on April 1, 2009, [. Each local and regional board of education shall annually report the results of such practice examination to the Department of Education. ] or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009. The department shall design such survey in a manner that identifies the strengths and weaknesses of such certified individuals in reading instruction practices and knowledge on an individual, school and district level. Such survey shall be administered at no financial cost to such certified individual and in a manner that protects the anonymity of such certified individual. The results of such survey shall not be included as part of any summative ratings for performance evaluations, conducted pursuant to section 10-151b, as amended by this act, and not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200. Such results shall be used for the purpose of improving reading instruction by developing student learning objectives and teacher practice goals that will be included in the professional development conducted pursuant to section 10-148b, as amended by this act, for such certified individuals. "

Strike sections 16 and 17 in their entirety and insert the following in lieu thereof:

"Sec. 16. Subsection (f) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) An endorsement issued prior to July 1, 2013, to teach elementary education grades one to six, inclusive, shall be valid for grades kindergarten to six, inclusive, and for such an endorsement issued on or after July 1, 2013, the endorsement shall be valid for grades one to six, inclusive, except such an endorsement issued between July 1, 2013, and July 1, 2017, to any student who was admitted to a teacher preparation program, as defined in section 10-10a, in the certification endorsement area of elementary education on or before the start of the fall semester of 2012, and successfully completes such program, shall be valid for grades kindergarten to six, inclusive. An endorsement to teach comprehensive special education grades one to twelve, inclusive, shall be valid for grades kindergarten to twelve, inclusive, provided, on and after [July] September 1, 2013, any (1) certified employee [with such] applying for a comprehensive special education endorsement, or (2) applicant for an initial, provisional or professional educator certificate and a comprehensive special education endorsement [achieves] shall achieve a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009, or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009.

Sec. 17. Subsection (i) of section 10-145d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(i) On and after [July] September 1, 2013, any (1) certified employee [with] applying for a remedial reading, [and] remedial language arts or reading consultant endorsement, or (2) applicant for an initial, provisional or professional educator certificate and a remedial reading, remedial language arts or reading consultant endorsement shall achieve a satisfactory score on the reading instruction examination approved by the State Board of Education on April 1, 2009, or a comparable reading instruction examination with minimum standards that are equivalent to the examination approved by the State Board of Education on April 1, 2009. "

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

"Sec. 501. Subsection (a) of section 10-148b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) On or before July 1, 2013, the Commissioner of Education shall create a program of professional development for teachers, as defined in section 10-144d, and principals in scientifically-based reading research and instruction, as defined in section 10-14u. Such program of professional development shall (1) count towards the professional development requirements pursuant to section 10-148a, (2) be based on data collected from student reading assessments, (3) provide differentiated and intensified training in reading instruction for teachers, (4) outline how mentor teachers who will train teachers in reading instruction, (5) outline how model classrooms will be established in schools for reading instruction, (6) inform principals on how to evaluate classrooms and teacher performance in scientifically-based reading research and instruction, and (7) be job-embedded and local whenever possible. In the case of any certified individual who is required to complete the reading instruction survey, pursuant to section 10-145r, as amended by this act, the program of professional development for such individual shall be designed using the results of such survey, in accordance with said section 10-145r.

Sec. 502. Subsection (b) of section 10-153d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The local or regional board of education and the organization designated or elected as the exclusive representative for the appropriate unit, through designated officials or their representatives, shall have the duty to negotiate with respect to salaries, hours and other conditions of employment about which either party wishes to negotiate. For purposes of this subsection and sections 10-153a, 10-153b and 10-153e to 10-153g, inclusive, (1) "hours" shall not include the length of the student school year, the scheduling of the student school year, the length of the student school day, the length and number of parent-teacher conferences and the scheduling of the student school day, except for the length and the scheduling of teacher lunch periods and teacher preparation periods and (2) "other conditions of employment" shall not include the establishment or provisions of any retirement incentive plan authorized by section 10-183jj or the development or adoption of teacher evaluation and support programs, pursuant to section 10-151b, as amended by this act. Such negotiations shall commence not less than two hundred ten days prior to the budget submission date. Any local board of education shall file forthwith a signed copy of any contract with the town clerk and with the Commissioner of Education. Any regional board of education shall file forthwith a signed copy of any such contract with the town clerk in each member town and with the Commissioner of Education. Upon receipt of a signed copy of such contract the clerk of such town shall give public notice of such filing. The terms of such contract shall be binding on the legislative body of the local or regional school district, unless such body rejects such contract at a regular or special meeting called and convened for such purpose within thirty days of the filing of the contract. If a vote on such contract is petitioned for in accordance with the provisions of section 7-7, in order to reject such contract, a minimum number of those persons eligible to vote equal to fifteen per cent of the electors of such local or regional school district shall be required to participate in the voting and a majority of those voting shall be required to reject. Any regional board of education shall call a district meeting to consider such contract within such thirty-day period if the chief executive officer of any member town so requests in writing within fifteen days of the receipt of the signed copy of the contract by the town clerk in such town. The body charged with making annual appropriations in any school district shall appropriate to the board of education whatever funds are required to implement the terms of any contract not rejected pursuant to this section. All organizations seeking to represent members of the teaching profession shall be accorded equal treatment with respect to access to teachers, principals, members of the board of education, records, mail boxes and school facilities and, in the absence of any recognition or certification as the exclusive representative as provided by section 10-153b, participation in discussions with respect to salaries, hours and other conditions of employment. "

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

Section 1

from passage

10-151b

Sec. 2

from passage

10-220a(a) and (b)

Sec. 6

from passage

10-151f(b)

Sec. 7

from passage

10-151g(b)

Sec. 8

from passage

10-151h

Sec. 14

July 1, 2013

10-145r

Sec. 16

from passage

10-145d(f)

Sec. 17

from passage

10-145d(i)

Sec. 501

July 1, 2013

10-148b(a)

Sec. 502

from passage

10-153d(b)

Senator Kissel of the 7th offered Senate Amendment Schedule “C” (LCO 6156) and moved adoption.

Remarking were Senators Markley of the 16th, Stillman of the 20th, Boucher of the 26th and Fasano of the 34th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 04 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 13

Those voting Nay 20

Those absent and not voting 3

On the roll call vote Senate Amendment Schedule “C” (LCO 6156) was rejected.

The following is the roll call vote:

A

   

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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

A

   

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 3, remove the brackets around "The" and strike "For the school year commencing July 1, 2013, and each"

In line 4, strike "school year thereafter, the"

In line 6, after "teacher," insert "and for the school year commencing July 1, 2014, and each school year thereafter, such annual evaluations shall be"

In line 29, insert brackets around "2013" and after the closing bracket insert "2014"

In line 123, strike "2013" and insert "2014" in lieu thereof

Strike lines 126 to 132, inclusive, in their entirety

In line 235, strike the brackets around "and"

In line 236, strike ", and (3) assisting the State Board of"

Strike lines 237 and 238 in their entirety

In line 239, strike "151b, as amended by this act"

In line 405, strike "2013" and insert "2014" in lieu thereof

Remarking was Senators Stillman of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 06 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 33

Those voting Nay 0

Those absent and not voting 3

On the roll call vote Senate Bill No. 1097 as amended by Senate Amendment Schedule “B” (LCO 7844) was Passed.

The following is the roll call vote:

A

   

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

A

   

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

A

   

36

L. SCOTT FRANTZ

INSURANCE AND REAL ESTATE. S. B. No. 596 (RAISED) (File No. 3) AN ACT CONCERNING THE DUTIES OF THE CONNECTICUT HEALTH INSURANCE EXCHANGE.

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

Remarking was Senator Witkos of the 8th.

Senator Fasano of the 34th offered Senate Amendment Schedule “A” (LCO 8063) and moved adoption.

Remarking were Senators Crisco of the 17th, McLachlan of the 24th, Welch of the 31st, Kelly of the 21st, McKinney of the 28th and Gerratana of the 6th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 44 p. m. :

Total Number Voting 32

Necessary for Adoption 17

Those voting Yea 13

Those voting Nay 19

Those absent and not voting 4

On the roll call vote Senate Amendment Schedule “A” (LCO 8063) was rejected.

The following is the roll call vote:

A

   

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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

A

   

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

A

   

36

L. SCOTT FRANTZ

The following is the Amendment.

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

"Sec. 501. Section 38a-1085 of the general statutes is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) If an individual seeking coverage under a qualified health plan believes he or she is not eligible to receive a subsidy pursuant to the Affordable Care Act or is not seeking such subsidy, such individual shall not be required to submit financial information to the exchange to enroll in a qualified health plan. "

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

Sec. 501

from passage

38a-1085

Senator Fasano of the 34th offered Senate Amendment Schedule “B” (LCO 8064) 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 12: 55 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 15

Those voting Nay 18

Those absent and not voting 3

On the roll call vote Senate Amendment Schedule “B” (LCO 8064) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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

A

   

23

ANDRES AYALA

   

N

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

   

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

 

Y

 

18

ANDREW MAYNARD

A

   

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 167, bracket "and"

In line 178, after "outside the exchange" insert the following:

"; and

(26) Beginning February, 2014, and monthly thereafter until January, 2016, provide a presentation to the joint standing committees of the General Assembly having cognizance of matters relating to insurance, public health and appropriations on the number of qualified individuals enrolled to date in a qualified health plan through the exchange and the amount of the subsidy, if any, each such individual receives pursuant to the Affordable Care Act"

Remarking was Senator McLachlan of the 24th.

Senator McLachlan of the 24th offered Senate Amendment Schedule “C” (LCO 7415) and moved adoption.

Remarking was Senator Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 49 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 11

Those voting Nay 22

Those absent and not voting 3

On the roll call vote Senate Amendment Schedule “C” (LCO 7415) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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

A

   

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

   

N

25

BOB DUFF

   

N

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

A

   

36

L. SCOTT FRANTZ

The following is the Amendment.

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

"Section 1. Section 38a-1084 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

The exchange shall:

(1) Administer the exchange for both qualified individuals and qualified employers;

(2) Commission surveys of individuals, small employers and health care providers on issues related to health care and health care coverage;

(3) Implement procedures for the certification, recertification and decertification, consistent with guidelines developed by the Secretary under Section 1311(c) of the Affordable Care Act, and section 38a-1086, of health benefit plans as qualified health plans;

(4) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance;

(5) Provide for enrollment periods, as provided under Section 1311(c)(6) of the Affordable Care Act;

(6) Maintain an Internet web site through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans including, but not limited to, the enrollee satisfaction survey information under Section 1311(c)(4) of the Affordable Care Act and any other information or tools to assist enrollees and prospective enrollees evaluate qualified health plans offered through the exchange;

(7) Publish the average costs of licensing, regulatory fees and any other payments required by the exchange and the administrative costs of the exchange, including information on monies lost to waste, fraud and abuse, on an Internet web site to educate individuals on such costs;

(8) Assign a rating to each qualified health plan offered through the exchange in accordance with the criteria developed by the Secretary under Section 1311(c)(3) of the Affordable Care Act, and determine each qualified health plan's level of coverage in accordance with regulations issued by the Secretary under Section 1302(d)(2)(A) of the Affordable Care Act;

(9) Use a standardized format for presenting health benefit options in the exchange, including the use of the uniform outline of coverage established under Section 2715 of the Public Health Service Act, 42 USC 300gg-15, as amended from time to time;

(10) Inform individuals, in accordance with Section 1413 of the Affordable Care Act, of eligibility requirements for the Medicaid program under Title XIX of the Social Security Act, as amended from time to time, the Children's Health Insurance Program (CHIP) under Title XXI of the Social Security Act, as amended from time to time, or any applicable state or local public program, and enroll an individual in such program if the exchange determines, through screening of the application by the exchange, that such individual is eligible for any such program;

(11) Collaborate with the Department of Social Services, to the extent possible, to allow an enrollee who loses premium tax credit eligibility under Section 36B of the Internal Revenue Code and is eligible for HUSKY Plan, Part A or any other state or local public program, to remain enrolled in a qualified health plan;

(12) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of any premium tax credit under Section 36B of the Internal Revenue Code and any cost-sharing reduction under Section 1402 of the Affordable Care Act;

(13) Establish a program for small employers through which qualified employers may access coverage for their employees and that shall enable any qualified employer to specify a level of coverage so that any of its employees may enroll in any qualified health plan offered through the exchange at the specified level of coverage;

[(14) Offer enrollees and small employers the option of having the exchange collect and administer premiums, including through allocation of premiums among the various insurers and qualified health plans chosen by individual employers; ]

[(15)] (14) Grant a certification, subject to Section 1411 of the Affordable Care Act, attesting that, for purposes of the individual responsibility penalty under Section 5000A of the Internal Revenue Code, an individual is exempt from the individual responsibility requirement or from the penalty imposed by said Section 5000A because:

(A) There is no affordable qualified health plan available through the exchange, or the individual's employer, covering the individual; or

(B) The individual meets the requirements for any other such exemption from the individual responsibility requirement or penalty;

[(16)] (15) Provide to the Secretary of the Treasury of the United States the following:

(A) A list of the individuals granted a certification under subdivision [(15)] (14) of this section, including the name and taxpayer identification number of each individual;

(B) The name and taxpayer identification number of each individual who was an employee of an employer but who was determined to be eligible for the premium tax credit under Section 36B of the Internal Revenue Code because:

(i) The employer did not provide minimum essential health benefits coverage; or

(ii) The employer provided the minimum essential coverage but it was determined under Section 36B(c)(2)(C) of the Internal Revenue Code to be unaffordable to the employee or not provide the required minimum actuarial value; and

(C) The name and taxpayer identification number of:

(i) Each individual who notifies the exchange under Section 1411(b)(4) of the Affordable Care Act that such individual has changed employers; and

(ii) Each individual who ceases coverage under a qualified health plan during a plan year and the effective date of that cessation;

[(17)] (16) Provide to each employer the name of each employee, as described in subparagraph (B) of subdivision [(16)] (15) of this section, of the employer who ceases coverage under a qualified health plan during a plan year and the effective date of the cessation;

[(18)] (17) Perform duties required of, or delegated to, the exchange by the Secretary or the Secretary of the Treasury of the United States related to determining eligibility for premium tax credits, reduced cost-sharing or individual responsibility requirement exemptions;

[(19)] (18) Select entities qualified to serve as Navigators in accordance with Section 1311(i) of the Affordable Care Act and award grants to enable Navigators to:

(A) Conduct public education activities to raise awareness of the availability of qualified health plans;

(B) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under Section 36B of the Internal Revenue Code and cost-sharing reductions under Section 1402 of the Affordable Care Act;

(C) Facilitate enrollment in qualified health plans;

(D) Provide referrals to the Office of the Healthcare Advocate or health insurance ombudsman established under Section 2793 of the Public Health Service Act, 42 USC 300gg-93, as amended from time to time, or any other appropriate state agency or agencies, for any enrollee with a grievance, complaint or question regarding the enrollee's health benefit plan, coverage or a determination under that plan or coverage; and

(E) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the exchange;

[(20)] (19) Review the rate of premium growth within and outside the exchange and consider such information in developing recommendations on whether to continue limiting qualified employer status to small employers;

[(21)] (20) Credit the amount, in accordance with Section 10108 of the Affordable Care Act, of any free choice voucher to the monthly premium of the plan in which a qualified employee is enrolled and collect the amount credited from the offering employer;

[(22)] (21) Consult with stakeholders relevant to carrying out the activities required under sections 38a-1080 to 38a-1090, inclusive, including, but not limited to:

(A) Individuals who are knowledgeable about the health care system, have background or experience in making informed decisions regarding health, medical and scientific matters and are enrollees in qualified health plans;

(B) Individuals and entities with experience in facilitating enrollment in qualified health plans;

(C) Representatives of small employers and self-employed individuals;

(D) The Department of Social Services; and

(E) Advocates for enrolling hard-to-reach populations;

[(23)] (22) Meet the following financial integrity requirements:

(A) Keep an accurate accounting of all activities, receipts and expenditures and annually submit to the Secretary, the Governor, the Insurance Commissioner and the General Assembly a report concerning such accountings;

(B) Fully cooperate with any investigation conducted by the Secretary pursuant to the Secretary's authority under the Affordable Care Act and allow the Secretary, in coordination with the Inspector General of the United States Department of Health and Human Services, to:

(i) Investigate the affairs of the exchange;

(ii) Examine the properties and records of the exchange; and

(iii) Require periodic reports in relation to the activities undertaken by the exchange; and

(C) Not use any funds in carrying out its activities under sections 38a-1080 to 38a-1089, inclusive, that are intended for the administrative and operational expenses of the exchange, for staff retreats, promotional giveaways, excessive executive compensation or promotion of federal or state legislative and regulatory modifications;

[(24)] (23) Seek to include the most comprehensive health benefit plans that offer high quality benefits at the most affordable price in the exchange; and

[(25)] (24) Report at least annually to the General Assembly on the effect of adverse selection on the operations of the exchange and make legislative recommendations, if necessary, to reduce the negative impact from any such adverse selection on the sustainability of the exchange, including recommendations to ensure that regulation of insurers and health benefit plans are similar for qualified health plans offered through the exchange and health benefit plans offered outside the exchange. The exchange shall evaluate whether adverse selection is occurring with respect to health benefit plans that are grandfathered under the Affordable Care Act, self-insured plans, plans sold through the exchange and plans sold outside the exchange.

Sec. 2. Subdivision (15) of subsection (c) of section 38a-1083 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(15) Award grants to Navigators as described in subdivision [(19)] (18) of section 38a-1084, as amended by this act, and in accordance with section 38a-1087. Applications for grants from the exchange shall be made on a form prescribed by the board; "

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

Section 1

October 1, 2013

38a-1084

Sec. 2

October 1, 2013

38a-1083(c)(15)

Senator Kelly of the 21st offered Senate Amendment Schedule “D” (LCO 5878) and moved adoption.

Remarking were Senators Crisco of the 17th, McLachlan of the 24th, Boucher of the 26th and Kane of the 32nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 49 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 13

Those voting Nay 22

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “D” (LCO 5878) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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

   

N

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

"Section 1. (Effective January 1, 2015) (a) The Connecticut Health Insurance Exchange established pursuant to section 38a-1081 of the general statutes shall evaluate the feasibility of negotiating premiums with health carriers offering or seeking to offer qualified health plans, as such terms are defined in section 38a-1080 of the general statutes, through the exchange.

(b) Not later than January 1, 2016, the exchange shall report its findings of such evaluation, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing

committees of the General Assembly having cognizance of matters relating to insurance and public health. "

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

Section 1

January 1, 2015

New section

Senator Kelly of the 21st offered Senate Amendment Schedule “E” (LCO 7413) 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 3: 03 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “E” (LCO 7413) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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

"Section 1. Subsection (c) of section 38a-1083 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(c) The exchange is authorized and empowered to:

(1) Have perpetual successions as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Adopt an official seal and alter the same at pleasure;

(3) Maintain an office in the state at such place or places as it may designate;

(4) Employ such assistants, agents, managers and other employees as may be necessary or desirable;

(5) Acquire, lease, purchase, own, manage, hold and dispose of real and personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes, provided all such acquisitions of real property for the exchange's own use with amounts appropriated by this state to the exchange or with the proceeds of bonds supported by the full faith and credit of this state shall be subject to the approval of the Secretary of the Office of Policy and Management and the provisions of section 4b-23;

(6) Receive and accept, from any source, aid or contributions, including money, property, labor and other things of value;

(7) Charge assessments or user fees to health carriers that are capable of offering a qualified health plan through the exchange or otherwise generate funding necessary to support the operations of the exchange;

(8) Procure insurance against loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable;

(9) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state and in obligations that are legal investments for savings banks in the state;

(10) Issue bonds, bond anticipation notes and other obligations of the exchange for any of its corporate purposes, and to fund or refund the same and provide for the rights of the holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others;

(11) Borrow money for the purpose of obtaining working capital;

(12) Account for and audit funds of the exchange and any recipients of funds from the exchange;

(13) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts entered into by the exchange shall not be subject to the approval of any other state department, office or agency, provided copies of all contracts of the exchange shall be maintained by the exchange as public records, subject to the proprietary rights of any party to the contract;

(14) To the extent permitted under its contract with other persons, consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind to which the exchange is a party;

(15) Award grants to Navigators as described in subdivision (19) of section 38a-1084 and in accordance with section 38a-1087. Applications for grants from the exchange shall be made on a form prescribed by the board;

[(16) Limit the number of plans offered, and use selective criteria in determining which plans to offer, through the exchange, provided individuals and employers have an adequate number and selection of choices; ]

[(17)] (16) Evaluate jointly with the SustiNet Health Care Cabinet the feasibility of implementing a basic health program option as set forth in Section 1331 of the Affordable Care Act;

[(18)] (17) Sue and be sued, plead and be impleaded;

[(19)] (18) Adopt regular procedures that are not in conflict with other provisions of the general statutes, for exercising the power of the exchange; and

[(20)] (19) Do all acts and things necessary and convenient to carry out the purposes of the exchange, provided such acts or things shall not conflict with the provisions of the Affordable Care Act, regulations adopted thereunder or federal guidance issued pursuant to the Affordable Care Act. "

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

Section 1

October 1, 2013

38a-1083(c)

Remarking was Senator Kelly of the 21st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 07 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 23

Those voting Nay 12

Those absent and not voting 1

On the roll call vote Senate Bill No. 596 was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

A

   

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

   

N

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

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 passed.

JUDICIARY. 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, offered Senate Amendment Schedule “D” (LCO 7745) and moved adoption.

Remarking was Senator Kelly of the 21st.

Senator Crisco of the 17th withdrew Senate amendment Schedule "D" (LCO 7745).

Senator Kelly of the 21st offered Senate Amendment Schedule “C” (LCO 6954) and moved adoption which was designated on May 21st.

Remarking were Senators Crisco of the 17th, McKinney of the 28th, McLachlan of the 24th and Welch of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 00 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “C” (LCO 6954) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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 lines 57 to 61, inclusive, in their entirety

In line 62, strike "(3)" and insert "(2)" in lieu thereof

Strike lines 69 to 79, inclusive, in their entirety

Senator Crisco of the 17th recalled Senate Amendment Schedule “D” (LCO 7745) which was withdrawn earlier today and moved adoption.

Remarking was Senator Kelly of the 21st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 04 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 35

Those voting Nay 0

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “D” (LCO 7745) was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

A

   

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

The following is the Amendment.

In line 45, strike the opening bracket

In line 46, after "companies" insert "and domestic health care centers"

In line 47, after "center" insert ", administrator"

In line 50, after "examiners. " strike the closing bracket

Strike lines 51 to 56, inclusive, in their entirety and insert the following in lieu thereof:

"(e) (1) The commissioner may engage the services of attorneys, appraisers, independent actuaries, independent certified public accountants or other professionals or specialists as examiners to assist the commissioner in an examination under this section of a domestic insurance company or other domestic entity if the commissioner determines that such examination requires additional resources or expertise not available from the commissioner's staff and that there is a risk to consumers that requires immediate action. The commissioner shall conduct such examination in a manner that is cost effective for the Insurance Department and the domestic insurance company or other domestic entity being examined and that protects consumers. The cost of such services shall be paid by such company or entity. "

Strike lines 72 to 79, inclusive, in their entirety

In line 80, strike "(e)" and insert "(f)" in lieu thereof, and strike "subdivision (1) of"

In line 91, strike "(f)" and insert "(g)" in lieu thereof

In line 100, strike "(g)" and insert "(h)" in lieu thereof

In line 106, strike "(f)" and insert "(g)" in lieu thereof

SENATOR DUFF IN THE CHAIR

Remarking were Senators Fasano of the 34th, Guglielmo of the 35th, Frantz of the 36th, Welch of the 31st and Kelly of the 21st.

Senator Fasano of the 34th offered Senate Amendment Schedule “E” (LCO 8168) and moved adoption.

Remarking was Senators Welch of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 37 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 20

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “E” (LCO 8168) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

A

   

19

CATHERINE A. OSTEN

A

   

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.

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

"Sec. 501. Section 38a-15 of the general statutes is amended by adding subsection (f) as follows (Effective October 1, 2013):

(NEW) (f) Any person engaged by the commissioner pursuant to subdivision (1) of subsection (e) of this section shall file, with the commissioner and with the Office of State Ethics, a statement of financial interests, as described in section 1-83. Such statement shall be a public record. Such statements for the preceding calendar year shall be filed with the Office of State Ethics, as required by law, if such person was so engaged during the preceding calendar year. "

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

Sec. 501

October 1, 2013

38a-15

Remarking was Senator Kane of the 32nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 56 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 20

Those voting Nay 14

Those absent and not voting 2

On the roll call vote Senate Bill No. 1028 as amended by Senate Amendment Schedule “D” (LCO 7745) was Passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

A

   

19

CATHERINE A. OSTEN

A

   

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

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

INTRODUCTION OF

SENATE JOINT RESOLUTION

The following resolution was introduced, read the second time and tabled for the calendar.

S. J. No. 58 RESOLUTION ADOPTING THE STATE PLAN OF CONSERVATION AND DEVELOPMENT POLICIES PLAN UPDATE: 2013-2018.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT 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.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 1081 (RAISED) (File No. 447) AN ACT CONCERNING RECYCLING AND JOBS. (As amended by Senate Amendment Schedule "A").

Senator Meyer of the 12th explained the bill as amended, offered Senate Amendment Schedule “B” (LCO 7742) and moved adoption.

Remarking was Senator Chapin of the 30th and Fasano of the 34th.

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 22a-207a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) As used in sections 22a-208d, 22a-208q and subsection (b) of section 22a-228: (1) "Composting" means a process of accelerated biological decomposition of organic material under controlled conditions; (2) "mixed municipal solid waste" means municipal solid waste that consists of mixtures of solid wastes which have not been separated at the source of generation or processed into discrete, homogeneous waste streams such as glass, paper, plastic, aluminum or tire waste streams provided such wastes shall not include any material required to be recycled pursuant to section 22a-241b; [,] and (3) "mixed municipal solid waste composting facility" means a volume reduction plant where mixed municipal solid waste is processed using composting technology.

(b) As used in this chapter, "end user" means any person who uses a material for such material's original use or any manufacturer who uses a material as feedstock to make a marketable product.

Sec. 2. Section 22a-208f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

Notwithstanding the provisions of section 22a-208a, a scrap metal processor, as described in section 14-67w, shall not be required to obtain a permit under [said] section 22a-208a if on or before [July 1, 1990] July 31, 2014, and annually [on March thirty-first thereafter, he] thereafter, such scrap metal processor submits to the Commissioner of Energy and Environmental Protection, on a form prescribed by the commissioner, the amount of scrap metals generated within the borders of the state and purchased or received [from any municipality, municipal or regional authority, the state or any political subdivision of the state listed by town of origin. He shall also send to each Connecticut municipality included in such listing a copy of such information pertaining to the municipality] by such processor for the prior state fiscal year, including a good faith estimate of the amount received directly from instate construction or demolition sites. Such report shall identify the monthly amounts of scrap metal generated within the state, other recyclable materials generated within the state and recycling residue generated, each of which was sent out by such processor, and indicate the destination facility type for such materials, including an indication of whether such facility is in this state.

Sec. 3. Subsection (g) of section 22a-220a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(g) As used in this section, "collector" means any person who holds himself out for hire regularly to collect solid waste [on a regular basis] from residential, business, commercial or other establishments. "Collector" does not include: (1) Any person who transports solid waste that is incidentally generated during professional or commercial activities unrelated to the collection of solid waste, such as residential property repairs, provided such solid waste is self-generated by such person's professional or commercial activities and such solid waste is transported to an authorized recycling facility, a permitted recycling facility, or a permitted solid waste facility, and (2) any person who transports used materials for the purpose of delivering such materials to a charitable organization that distributes reused household items or to a retail facility that sells reused household items.

Sec. 4. Subsection (a) of section 22a-226e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) [Not later than six months after the establishment of service in the state by two or more permitted source-separated organic material composting facilities, as defined in section 22a-207, that have a combined capacity to service the needs of commercial food wholesalers or distributors, industrial food manufacturers or processors, supermarkets, resorts or conference centers that each generate an average projected volume of not less than one hundred four tons per year of source-separated organic materials] (1) On and after January 1, 2014, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than one hundred four tons per year of source-separated organic materials shall: [(1)] (A) Separate such source-separated organic materials from other solid waste; and [(2)] (B) ensure that such source-separated organic materials are recycled at [a permitted source-separated organic material composting facility that is not more than twenty miles from such wholesaler, distributor, manufacturer, processor, supermarket, resort or conference center, as applicable] any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.

(2) On and after January 1, 2020, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than fifty-two tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.

Sec. 5. (NEW) (Effective October 1, 2013) The Commissioner of Energy and Environmental Protection, in consultation with other state agencies or quasi-public agencies, shall identify opportunities for the establishment of a new, or the expansion of any existing, recycling infrastructure investment program.

Sec. 6. (NEW) (Effective October 1, 2013, and applicable to assessment years commencing on or after said date) (a) For the purposes of this section:

(1) "Municipality" has the same meaning as provided in section 12-129r of the general statutes.

(2) "Recycling" has the same meaning as provided in section 22a-207 of the general statutes.

(b) Any municipality may, by ordinance adopted by its legislative body, provide an exemption from property tax for any machinery or equipment used in connection with recycling that is installed on or after October 1, 2013. Any such exemption shall apply only to: (1) The increased value of the commercial or industrial property that is attributable to such machinery or equipment, and (2) the first fifteen assessment years following installation of such machinery or equipment.

Sec. 7. (NEW) (Effective from passage) (a) Not later than June 30, 2013, the Department of Energy and Environmental Protection, in consultation with the Office of Policy and Management, shall initiate one or more audits of the Connecticut Resources Recovery Authority. The Connecticut Resources Recovery Authority shall cooperate fully with any such audit and shall pay the cost of any such audit provided such payment shall not exceed a cumulative total of five hundred thousand dollars. Any such audit may include, but need not be limited to, a review or analysis of: (1) The results of any such audits, review of any investigation of said authority or by said authority that occurred prior to the effective date of this section, (2) the financial condition of said authority, (3) said authority's short and long-term liabilities, including, but not limited to, such liabilities to bond holders, employees, former employees and such liabilities from lawsuits, leases, contractual obligations and any other matter, (4) said authority's existing and projected revenues, (5) said authority's cash flow projections for each of the next three calendar years, (6) said authority's operations, including, but not limited to, human resources, facilities use, information technology services, and identification of potential operating efficiencies, (7) said authority's internal controls, financial management and risk management practices, and (8) any transaction of said authority.

(b) On or before October 30, 2013, the Department of Energy and Environmental Protection, in conjunction with the Office of Policy and Management, shall provide a summary of the findings of such audits to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the environment, appropriations and government administration.

Sec. 8. (Effective from passage) (a) There is established a Resources Recovery Task Force to study the operations, financial stability and business models for resource recovery facilities operating in the state.

(b) The task force shall consist of the following members:

(1) One appointed by the speaker of the House of Representatives, who shall be a municipal official or a representative of an organization that represents municipalities;

(2) One appointed by the president pro tempore of the Senate, who shall be a municipal official or a representative of an organization that represents municipalities;

(3) One appointed by the minority leader of the House of Representatives, who shall be a municipal official or a representative of an organization that represents municipalities;

(4) One appointed by the minority leader of the Senate, who shall be a municipal official or a representative of an organization that represents municipalities;

(5) One appointed by the majority leader of the House of Representatives, who shall be a representative of the solid waste hauling industry;

(6) One appointed by the majority leader of the Senate, who shall have experience in energy procurement;

(7) Four appointed by the Governor, each of whom shall represent resource recovery facilities in this state or have experience in energy procurement;

(8) The Commissioner of Energy and Environmental Protection, or the commissioner's designee;

(9) The Secretary of the Office of Policy and Management, or the secretary's designee; and

(10) The Commissioner of Administrative Services, or the commissioner's designee.

(c) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(d) The Commissioner of Energy and Environmental Protection, or the commissioner's designee shall serve as the chairperson of the task force. Such chairperson shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(e) The administrative staff of the Department of Energy and Environmental Protection shall serve as administrative staff of the task force.

(f) Not later than December 15, 2013, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to energy, in accordance with the provisions of section 11-4a of the general statutes. Such report shall include:

(1) A review of the applicable statutes and regulations regarding renewable energy certificate credits provided to resource recovery facilities in the state and a recommendation on whether such statutes should be modified. For any such recommendation, the task force shall specify the expected economic impact that such recommendation will have on resource recovery facilities, municipalities and energy consumers in the state;

(2) An analysis of the financial status of the resource recovery facilities operating in the state and recommendations to improve such status, including, but not limited to, whether bilateral purchasing agreements between resource recovery facility-based businesses and the state or municipalities would provide a mechanism for improving the long-term financial stability of such facilities;

(3) Recommendations for any changes to the statutes and regulations concerning bilateral purchase agreements and a description of the effect that such recommendations would have on the anticipated structure of such agreements and the financial impacts such agreements would have on resource recovery facilities, municipalities, and energy consumers in the state;

(4) A recommendation on whether resource recovery facilities in this state should be defined as an "electric municipal utility" for the purpose of the municipalities such facilities serve; and

(5) Any other recommendations the task force deems appropriate concerning the future of resource recovery facilities in the state and the long-term financial status of such facilities.

(f) The task force shall terminate on the date it submits such report or December 15, 2013, whichever is later.

Sec. 9. (NEW) (Effective from passage) The Connecticut Resources Recovery Authority shall develop a transition plan for: (1) Achieving a sustainable business model that improves the long-term financial stability of said authority, or (2) conducting the dissolution of said authority and the disposing of said authority's assets. Such plan shall be transmitted to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to energy and the environment on or before November 30, 2013. Such plan shall be developed in consultation with the Resources Recovery Task Force established in section 2 of this act. In developing such plan, the authority shall detail and give consideration to, but not be limited to, an assessment of:

(A) The benefits and consequences of: (i) The closure or sale of the Mid-Connecticut Resource Recovery Facility, (ii) the transition of such facility to an alternative use such as a solid waste management facility, and (iii) the sale of other authority assets;

(B) The reductions in authority expenses, including, but not limited to, management fees, labor costs, contract obligations and legal fees;

(C) Said authority's financial and legal liabilities and an evaluation of whether such liabilities may be eliminated or mitigated;

(D) The operational requirements of said authority's regional transfer stations, landfills and any other functional role of said authority;

(E) Said authority's state-wide role in the areas of bonding, education and development and how such transition plan affects that role; and

(F) The post-closure responsibilities and liabilities of said authority for landfills under said authority's care and control.

Sec. 10. Section 22a-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function, to be known as the Connecticut Resources Recovery Authority. The authority shall not be construed to be a department, institution or agency of the state.

(b) On and before May 31, 2002, the powers of the authority shall be vested in and exercised by a board of directors, which shall consist of twelve directors: Four appointed by the Governor and two ex-officio members, who shall have a vote including the Commissioner of Transportation and the Commissioner of Economic and Community Development; two appointed by the president pro tempore of the Senate, two by the speaker of the House, one by the minority leader of the Senate and one by the minority leader of the House of Representatives. Any such legislative appointee may be a member of the General Assembly. The directors appointed by the Governor under this subsection shall serve for terms of four years each, from January first next succeeding their appointment, provided, of the directors first appointed, two shall serve for terms of two years, and two for terms of four years, from January first next succeeding their appointment. Any vacancy occurring under this subsection other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term. Of the four members appointed by the Governor under this subsection, two shall be first selectmen, mayors or managers of Connecticut municipalities; one from a municipality with a population of less than fifty thousand, one from a municipality of over fifty thousand population; two shall be public members without official governmental office or status with extensive high-level experience in municipal or corporate finance or business or industry, provided not more than two of such appointees shall be members of the same political party. The chairman of the board under this subsection shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly and shall serve at the pleasure of the Governor. Notwithstanding the provisions of this subsection, the terms of all members of the board of directors who are serving on May 31, 2002, shall expire on said date.

(c) On and after June 1, 2002, the powers of the authority shall be vested in and exercised by a board of directors, which shall consist of eleven directors as follows: Three appointed by the Governor, one of whom shall be a municipal official of a municipality having a population of fifty thousand or less and one of whom shall have extensive, high-level experience in the energy field; two appointed by the president pro tempore of the Senate, one of whom shall be a municipal official of a municipality having a population of more than fifty thousand and one of whom shall have extensive high-level experience in public or corporate finance or business or industry; two appointed by the speaker of the House of Representatives, one of whom shall be a municipal official of a municipality having a population of more than fifty thousand and one of whom shall have extensive high-level experience in public or corporate finance or business or industry; two appointed by the minority leader of the Senate, one of whom shall be a municipal official of a municipality having a population of fifty thousand or less and one of whom shall have extensive high-level experience in public or corporate finance or business or industry; two appointed by the minority leader of the House of Representatives, one of whom shall be a municipal official of a municipality having a population of fifty thousand or less and one of whom shall have extensive, high-level experience in the environmental field. No director may be a member of the General Assembly. Not more than two of the directors appointed by the Governor shall be members of the same political party. The appointed directors shall serve for terms of four years each, provided, of the directors first appointed for terms beginning on June 1, 2002, (1) two of the directors appointed by the Governor, one of the directors appointed by the president pro tempore of the Senate, one of the directors appointed by the speaker of the House of Representatives, one of the directors appointed by the minority leader of the Senate and one of the directors appointed by the minority leader of the House of Representatives shall serve an initial term of two years and one month, and (2) the other appointed directors shall serve an initial term of four years and one month. The appointment of each director for a term beginning on or after June 1, 2004, shall be made with the advice and consent of both houses of the General Assembly. The Governor shall designate one of the directors to serve as chairperson of the board, with the advice and consent of both houses of the General Assembly. The chairperson of the board shall serve at the pleasure of the Governor. Any appointed director who fails to attend three consecutive meetings of the board or who fails to attend fifty per cent of all meetings of the board held during any calendar year shall be deemed to have resigned from the board. Any vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term. As used in this subsection, "municipal official" means the first selectman, mayor, city or town manager or chief financial officer of a municipality that has entered into a solid waste disposal services contract with the authority and pledged the municipality's full faith and credit for the payment of obligations under such contract.

(d) The chairperson shall, with the approval of the directors, appoint a president of the authority who shall be an employee of the authority and paid a salary prescribed by the directors. The president shall supervise the administrative affairs and technical activities of the authority in accordance with the directives of the board.

(e) Each director shall be entitled to reimbursement for said director's actual and necessary expenses incurred during the performance of said director's official duties.

(f) Directors may engage in private employment, or in a profession or business, subject to any applicable laws, rules and regulations of the state or federal government regarding official ethics or conflict of interest.

(g) Six directors of the authority shall constitute a quorum for the transaction of any business or the exercise of any power of the authority, provided, two directors from municipal government shall be present in order for a quorum to be in attendance. For the transaction of any business or the exercise of any power of the authority, and except as otherwise provided in this chapter, the authority shall have power to act by a majority of the directors present at any meeting at which a quorum is in attendance. If the legislative body of a municipality that is the site of a facility passes a resolution requesting the Governor to appoint a resident of such municipality to be an ad hoc member, the Governor shall make such appointment upon the next vacancy for the ad hoc members representing such facility. The Governor shall appoint with the advice and consent of the General Assembly ad hoc members to represent each facility operated by the authority provided at least one-half of such members shall be chief elected officials of municipalities, or their designees. Each such facility shall be represented by two such members. The ad hoc members shall be electors from a municipality or municipalities in the area to be served by the facility and shall vote only on matters concerning such facility. The terms of the ad hoc members shall be four years.

[(h) There is established, effective June 1, 2002, a steering committee of the board of directors, consisting of at least three but not more than five directors, who shall be jointly appointed by the Governor, the president pro tempore of the Senate and the speaker of the House of Representatives. Said committee shall consist of at least one director who is a municipal official, as defined in subsection (c) of this section. The steering committee shall forthwith establish a financial restructuring plan for the authority, subject to the approval of the board of directors, and shall implement said plan. The financial restructuring plan shall determine the financial condition of the authority and provide for mitigation of the impact of the Connecticut Resources Recovery Authority-Enron-Connecticut Light and Power Company transaction on municipalities which have entered into solid waste disposal services contracts with the authority. The steering committee shall also review all aspects of the authority's finances and administration, including but not limited to, tipping fees and adjustments to such fees, the annual budget of the authority, any budget transfers, any use of the authority's reserves, all contracts entered into by or on behalf of the authority, including but not limited to, an assessment of the alignment of interests between the authority and the authority's contractors, all financings or restructuring of debts, any sale or other disposition or valuation of assets of the authority, including sales of electricity and steam, any joint ventures and strategic partnerships, and the initiation and resolution of litigation, arbitration and other disputes. The steering committee (1) shall have access to all information, files and records maintained by the authority, (2) may retain consultants and utilize other resources necessary to carry out its responsibilities under this subsection, which have a total cost of not more than five hundred thousand dollars, without the approval of the board of directors, and may draw on accounts of the authority for such costs, and (3) shall submit a report to the board of directors and the General Assembly, in accordance with section 11-4a, on its findings, progress and recommendations for future action by the board of directors in carrying out the purposes of this subsection, not later than December 31, 2002. Said report shall also include a report on any loans made to the authority under section 22a-268d. The steering committee shall terminate on December 31, 2002, unless extended by the board. ]

[(i)] (h) The board may delegate to three or more directors such board powers and duties as it may deem necessary and proper in conformity with the provisions of this chapter and its bylaws. At least one of such directors shall be a municipal official, as defined in subsection (c) of this section, and at least one of such directors shall not be a state employee.

[(j)] (i) Appointed directors may not designate a representative to perform in their absence their respective duties under this chapter.

[(k)] (j) The term "director", as used in this section, shall include such persons so designated as provided in this section and this designation shall be deemed temporary only and shall not affect any applicable civil service or retirement rights of any person so designated.

[(l)] (k) The appointing authority for any director may remove such director for inefficiency, neglect of duty or misconduct in office after giving the director a copy of the charges against the director and an opportunity to be heard, in person or by counsel, in the director's defense, upon not less than ten days' notice. If any director shall be so removed, the appointing authority for such director shall file in the office of the Secretary of the State a complete statement of charges made against such director and the appointing authority's findings on such statement of charges, together with a complete record of the proceedings.

[(m)] (l) The authority shall continue as long as it has bonds or other obligations outstanding and until its existence is terminated by law. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut.

[(n)] (m) The directors, members and officers of the authority and any person executing the bonds or notes of the authority shall not be liable personally on such bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof, nor shall any director, member or officer of the authority be personally liable for damage or injury, not wanton or wilful, caused in the performance of such person's duties and within the scope of such person's employment or appointment as such director, member or officer.

[(o)] (n) Notwithstanding the provisions of any other law to the contrary, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a director of the authority, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the authority in specific respect to such person, firm or corporation.

Sec. 11. Sections 22a-268c to 22a-268f, inclusive, of the general statutes are repealed. (Effective from passage)"

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

Section 1

October 1, 2013

22a-207a

Sec. 2

October 1, 2013

22a-208f

Sec. 3

October 1, 2013

22a-220a(g)

Sec. 4

October 1, 2013

22a-226e(a)

Sec. 5

October 1, 2013

New section

Sec. 6

October 1, 2013, and applicable to assessment years commencing on or after said date

New section

Sec. 7

from passage

New section

Sec. 8

from passage

New section

Sec. 9

from passage

New section

Sec. 10

from passage

22a-261

Sec. 11

from passage

Repealer section

Senator Meyer of the 12th offered Senate Amendment Schedule “C” (LCO 7911) and moved adoption.

Remarking was Senator Maynard of the 18th.

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 (a) of section 22a-221 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The state, any municipality or any municipal or regional authority may make contracts for the exercise of its corporate or municipal powers with respect to the collection, transportation, separation, volume reduction, processing, storage and disposal of its solid wastes for a period not exceeding thirty years and may pledge its full faith and credit for the payment of obligations under such contracts. Said thirty-year limitation shall not apply to the extension of any such contract that was in force as of December 31, 2008, and that was approved by the commissioner pursuant to subsection (a) of section 22a-213. "

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

Sec. 501

from passage

22a-221(a)

Senator Witkos of the 8th offered Senate Amendment Schedule “D” (LCO 5834) and moved adoption.

Remarking were Senators Meyer of the 12th, McKinney of the 28th, Kane of the 32nd and McKinney of the 28th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6: 38 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 20

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “D” (LCO 5834) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

A

   

19

CATHERINE A. OSTEN

A

   

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.

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

"Sec. 501. (Effective from passage) The Department of Energy and Environmental Protection shall study the feasibility of phasing out the provisions of sections 22a-243 to 22a-246, inclusive, of the general statutes due to the implementation of single stream recycling. Not later than February 1, 2014, the department shall report the findings of such study, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. "

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

Sec. 501

from passage

New section

On the motion of Senator Looney of the 11th the bill was passed temporarily as Amended by Senate Amendments Schedules "A", "B" and "C".

BUSINESS ON THE CALENDAR

DIAGREEING ACTIONS

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. S. B. No. 111 (COMM) (File Nos. 431 and 830) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE IMPLEMENTATION OF E-GOVERNMENT. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR

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

HUMAN SERVICES. 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").

THE PRESIDENT IN THE CHAIR

BUSINESS ON THE CALENDAR

FAVORABLE REPORT 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 passed.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 6495 (RAISED) (File Nos. 368 and 854) AN ACT CONCERNING THE ISSUANCE OF MOTOR VEHICLE OPERATORS' LICENSES. (As amended by House Amendment Schedule "A").

Senator Maynard of the 18th explained the bill as amended and moved passage.

Remarking were Senators Boucher of the 26th, Meyer of the 12th, McLachlan of the 24th, LeBeau of the 3rd, Kane of the 32nd, Ayala of the 23rd, Welch of the 31st, Markley of the 16th and Frantz of the 36th.

SENATOR DUFF IN THE CHAIR

Senator Kissel of the 7th offered Senate Amendment Schedule “A” (LCO 8078) and moved adoption.

Remarking were Senators Boucher of the 26th, McLachlan of the 24th, Looney of the 11th and McKinney of the 28th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 00 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “A” (LCO 8078) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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 61, strike "in Connecticut"

In line 67, strike "in Connecticut by searching the electronic" and insert in lieu thereof "by conducting a national criminal history background check of such applicant. "

Strike lines 68 and 69 in their entirety

In line 70, strike "and date of birth. "

THE PRESIDENT IN THE CHAIR

Senator Kane of the 32nd offered Senate Amendment Schedule “B” (LCO 8030) and moved adoption.

Remarking were Senators Boucher of the 26th and Maynard of the 18th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 13 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “B” (LCO 8030) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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 85, after "purposes. " insert "Each motor vehicle operator's license issued pursuant to this section shall include an indication on the front of such license stating that such license is "not to be used as voter identification". "

Senator McLachlan of the 24th offered Senate Amendment Schedule “C” (LCO 8077) and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 33 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 15

Those voting Nay 19

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “C” (LCO 8077) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

A

   

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

A

   

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

"Section 1. (Effective from passage) (a) There is established a task force to study issues concerning the issuance of motor vehicle operator's licenses to individuals who cannot establish legal presence in the United States. Such task force shall (1) examine the logistics of the issuance of such licenses by the Department of Motor Vehicles, (2) examine policies concerning such issuance in other states, (3) examine the impact of the issuance of such licenses on state and local law enforcement officials, (4) consider issues of federal compliance related to the issuance of such licenses, and (5) analyze the impact of potential federal immigration reform measures on the issuance of such licenses.

(b) The task force shall consist of the following members:

(1) Two appointed by the speaker of the House of Representatives;

(2) Two appointed by the president pro tempore of the Senate;

(3) One appointed by the majority leader of the House of Representatives;

(4) One appointed by the majority leader of the Senate;

(5) One appointed by the minority leader of the House of Representatives;

(6) One appointed by the minority leader of the Senate; and

(7) The Commissioner of Motor Vehicles, or the commissioner's designee.

(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to transportation shall serve as administrative staff of the task force.

(g) Not later than January 1, 2014, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2014, whichever is later. "

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

Section 1

from passage

New section

Senator Witkos of the 8th explained the bill, offered Senate Amendment Schedule “D” (LCO 8080) and moved adoption.

Remarking was Senator Maynard of the 18th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 44 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “D” (LCO 8080) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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 58, after "commissioner. " insert "No form of proof of identity or proof of residency submitted by an applicant shall be a photocopy, a notarized photocopy or a noncertified copy of any document. "

Senator Witkos of the 8th offered Senate Amendment Schedule “E” (LCO 8095) and moved adoption.

Remarking were Senator Boucher of the 26th and Maynard of the 18th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 52 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “E” (LCO 8095) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

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 line 61 in its entirety and insert the following in lieu thereof:

"any felony, significant misdemeanor or more than three misdemeanors of any kind in Connecticut. Significant misdemeanors include burglary, domestic violence, sexual abuse or exploitation, unlawful possession of a firearm, driving under the influence, drug distribution or trafficking or any other misdemeanor for which the applicant was sentenced to more than ninety days in jail, not including any suspended sentence or time in custody pursuant to an immigration detainer. The commissioner shall not issue any such license to an applicant posing a threat to national security or public safety. "

In line 67, after "felony" insert ", significant misdemeanor or more than three misdemeanors of any kind"

Remarking were Senators Witkos of the 8th, Crisco of the 17th, Fasano of the 34th, Looney of the 11th, McKinney of the 28th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 37 a. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 19

Those voting Nay 16

Those absent and not voting 1

On the roll call vote House Bill No. 6495 as amended by House Amendment Schedule "A" was passed. In concurrence with the House.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

A

   

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

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

   

N

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

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 12: 39 a. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 35

Those voting Nay 0

Those absent and not voting 1

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

A

   

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

SENATOR(S) ABSENT

The following Senator(s) may have missed some votes due to the following:

Coleman of the 2nd - Illness

Ayala of the 23rd – Legislative Business

Frantz of the 36th – Legislative Business

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 12: 41 a. m. adjourned subject to the call of the chair.

BILL SIGNED BY HIS EXCELLENCY,

THE GOVERNOR

The following bill was signed by His Excellency, the Governor, on the date indicated:

May 29, 2013

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 6574 (RAISED) (File Nos. 550 and 644) AN ACT ESTABLISHING A TASK FORCE TO CONSIDER IMPEDIMENTS TO FAIR HOUSING CHOICE. (As amended by House Amendment Schedule "A").

Special Act No. 3

GENERAL LAW. Substitute for S. B. No. 880 (RAISED) (File No. 152) AN ACT CONCERNING MUNICIPAL POLICE DEPARTMENTS AND THE RENEWAL OF CERTAIN ALCOHOLIC LIQUOR PERMITS.

Special Act No. 4

PUBLIC HEALTH. S. B. No. 63 (COMM) (File No. 103) AN ACT CONCERNING GRANTS FROM THE BIOMEDICAL RESEARCH TRUST FUND FOR STROKE RESEARCH.

Public Act No. 18

COMMERCE. Substitute for S. B. No. 619 (COMM) (File No. 384) AN ACT CONCERNING THE COMMISSION ON CONNECTICUT'S FUTURE.

Public Act No. 19

PUBLIC HEALTH. Substitute for S. B. No. 874 (RAISED) (File No. 150) AN ACT CONCERNING VARIOUS REVISIONS TO THE DEPARTMENT OF DEVELOPMENTAL SERVICES' STATUTES.

Public Act No. 20

JUDICIARY. H. B. No. 5117 (COMM) (File Nos. 618 and 699) AN ACT CONCERNING INCREASED PENALTIES FOR FAILING TO STOP FOR SCHOOL CROSSING GUARDS. (As amended by House Amendment Schedule "A").

Public Act No. 22

PUBLIC SAFETY AND SECURITY. H. B. No. 6007 (COMM) (File No. 398) AN ACT CONCERNING "BLUE ALERTS".

Public Act No. 24

PUBLIC HEALTH. Substitute for H. B. No. 6392 (RAISED) (File No. 125) AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' REPORTING REQUIREMENTS.

Public Act No. 26

JUDICIARY. H. B. No. 6571 (RAISED) (File No. 633) AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION WITH RESPECT TO SEXUAL ASSAULT IN THE FOURTH DEGREE AND KIDNAPPING IN THE FIRST DEGREE WITH A FIREARM.

Public Act No. 28

JUDICIARY. Substitute for S. B. No. 829 (RAISED) (File No. 185) AN ACT CONCERNING THE UNAUTHORIZED PRACTICE OF LAW.

Public Act No. 29

EDUCATION. S. B. No. 996 (RAISED) (File No. 269) AN ACT CONCERNING RECOMMENDATIONS BY THE LEGISLATIVE COMMISSIONERS FOR TECHNICAL REVISIONS TO THE EDUCATION STATUTES.

Public Act No. 31

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 1073 (RAISED) (File No. 347) AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO PUBLIC SAFETY STATUTES.

Public Act No. 32

ENVIRONMENT. Substitute for H. B. No. 5310 (COMM) (File No. 100) AN ACT CONCERNING THE DUTIES AND AUTHORITY OF THE CONNECTICUT AGRICULTURAL EXPERIMENT STATION.

Public Act No. 33

HOUSING. Substitute for S. B. No. 114 (COMM) (File Nos. 178 and 810) AN ACT PROHIBITING RESIDENTIAL LANDLORDS FROM REQUIRING TENANTS TO PAY RENT BY ELECTRONIC FUNDS TRANSFER. (As amended by Senate Amendment Schedule "A" and House Amendment Schedule "A").

Public Act No. 35

HOUSING. H. B. No. 5970 (COMM) (File No. 208) AN ACT CONCERNING THE POWER OF MUNICIPAL FAIR RENT COMMISSIONS.

Public Act No. 36

PUBLIC HEALTH. Substitute for H. B. No. 6243 (COMM) (File Nos. 571 and 704) AN ACT CONCERNING THE PRACTICE OF THAI YOGA. (As amended by House Amendment Schedule "A").

Public Act No. 37

ENVIRONMENT. H. B. No. 6313 (RAISED) (File No. 77) AN ACT CONCERNING LOCALLY GROWN POULTRY IN CONNECTICUT FOOD MARKETS.

Public Act No. 38

ENVIRONMENT. Substitute for H. B. No. 6315 (RAISED) (File No. 78) AN ACT CONCERNING THE RESALE OF DOGS TO MILITARY AND LAW ENFORCEMENT AGENCIES.

Public Act No. 39

PUBLIC SAFETY AND SECURITY. Substitute for H. B. No. 6346 (RAISED) (File Nos. 123 and 790) AN ACT REVISING VARIOUS STATUTES CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES. (As amended by House Amendment Schedule "A").

Public Act No. 40

EDUCATION. Substitute for H. B. No. 6383 (RAISED) (File Nos. 291 and 642) AN ACT CONCERNING HIRING STANDARDS FOR ATHLETIC DIRECTORS. (As amended by House Amendment Schedule "A").

Public Act No. 41

JUDICIARY. Substitute for H. B. No. 6437 (RAISED) (File Nos. 365 and 755) AN ACT CONCERNING A MATTRESS STEWARDSHIP PROGRAM. (As amended by House Amendment Schedules "A" and "C").

Public Act No. 42

ENVIRONMENT. H. B. No. 6453 (RAISED) (File Nos. 134 and 756) AN ACT CONCERNING FOAMED-IN-PLACE INSULATING MATERIAL. (As amended by House Amendment Schedule "A").

Public Act No. 43

COMMERCE. H. B. No. 6466 (RAISED) (File No. 138) AN ACT CLARIFYING COLLATERAL REQUIREMENTS FOR APPLICANTS FOR FINANCIAL ASSISTANCE FROM THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT AND CONNECTICUT INNOVATIONS, INCORPORATED.

Public Act No. 45

COMMERCE. H. B. No. 6529 (RAISED) (File No. 301) AN ACT INTEGRATING MUNICIPALITIES INTO THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT ELECTRONIC BUSINESS PORTAL.

Public Act No. 46

JUDICIARY. Substitute for H. B. No. 6641 (RAISED) (File Nos. 670 and 787) AN ACT CONCERNING THE SEXUAL ASSAULT OF A PERSON WHO IS PHYSICALLY HELPLESS OR WHOSE ABILITY TO CONSENT IS OTHERWISE IMPAIRED. (As amended by House Amendment Schedule "A").

Public Act No. 47

HUMAN SERVICES. Substitute for S. B. No. 887 (RAISED) (File No. 56) AN ACT CONCERNING THE CARE 4 KIDS PROGRAM.

Public Act No. 50

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 977 (RAISED) (File No. 488) AN ACT CONCERNING THE MEMBERSHIP OF CONSTRUCTION SERVICE PANELS.

Public Act No. 51

HUMAN SERVICES. S. B. No. 822 (RAISED) (File No. 48) AN ACT CONCERNING INTERVIEWS OF CHILDREN BY THE DEPARTMENT OF CHILDREN AND FAMILIES DURING INVESTIGATIONS OF CHILD ABUSE AND NEGLECT. (As amended by Senate Amendment Schedule "A").

Public Act No. 52

JUDICIARY. S. B. No. 821 (RAISED) (File No. 55) AN ACT CONCERNING RESPONSIBILITIES OF MANDATED REPORTERS OF CHILD ABUSE AND NEGLECT. (As amended by Senate Amendment Schedule "A").

Public Act No. 53

PUBLIC HEALTH. Substitute for S. B. No. 991 (RAISED) (File No. 538) AN ACT CONCERNING AN ADVISORY COUNCIL ON PALLIATIVE CARE. (As amended by Senate Amendment Schedule "A").

Public Act No. 55

COMMERCE. S. B. No. 1004 (RAISED) (File No. 156) AN ACT ENCOURAGING THE EXPORTATION OF STATE PRODUCTS AND SERVICES THROUGH THE SMALL BUSINESS EXPRESS PROGRAM. (As amended by Senate Amendment Schedule "A").

Public Act No. 56