JOURNAL OF THE SENATE

Saturday, June 1, 2013

The Senate was called to order at 1: 53 p. m. , the President in the Chair.

The prayer was offered by Acting Chaplain, Laura Bartok of Bristol, Connecticut.

The following is the prayer:

Lord, give us each day: the patience to understand those who disagree with us, sensitivity to the needs of others, and the prudence to make decisions which work toward the common good. Amen.

PLEDGE

Senator Slossberg of the 14th, led the Senate in the pledge of Allegiance.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILLS

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 6580 (RAISED) (File Nos. 467 and 895) AN ACT CONCERNING DISCLOSURE OF INDEPENDENT EXPENDITURES AND CHANGES TO OTHER CAMPAIGN FINANCE LAWS AND ELECTION LAWS. (As amended by House Amendment Schedule "A").

JUDICIARY. H. B. No. 6477 (RAISED) (File Nos. 219 and 891) AN ACT CONCERNING VARIOUS REVISIONS TO THE COMMON INTEREST OWNERSHIP ACT AND THE CONDOMINIUM ACT. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 6677 (RAISED) (File Nos. 731 and 894) AN ACT EXCLUDING SCHOOL ACCOMMODATIONS FROM SERVICES THAT ARE SUBJECT TO THE LARCENY STATUTES. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 6538 (RAISED) (File Nos. 329 and 892) AN ACT CONCERNING ARBORISTS AND TREE WARDENS. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 6607 (RAISED) (File Nos. 552 and 893) AN ACT CONCERNING NURSING HOMES. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

DISAGREEING ACTION

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.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 910 (RAISED) (File Nos. 314 and 871) AN ACT CONCERNING EMPLOYEE ACCESS TO PERSONNEL FILES. (As amended by Senate Amendment Schedule "A" and House Amendment Schedules "A" and "B").

Senator Osten of the 19th explained the bill as amended and moved passage.

Remarking were Senators Markley of the 16th and Welch of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 08 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 25

Those voting Nay 8

Those absent and not voting 3

On the roll call vote Senate Bill No. 910 as amended 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

A

   

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

A

   

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

   

N

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

   

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

 

Y

 

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO. 1

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

APPROPRIATIONS. Substitute for S. B. No. 1000 (RAISED) (File No. 197) AN ACT CONCERNING THE BOARD EXAMINATION SERIES PROGRAM.

Senator Stillman of the 20th explained the bill, offered Senate Amendment Schedule “A” (LCO 8333) and moved adoption.

Remarking was Senator Boucher of the 26th.

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 10-5c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Department of Education [may] shall establish [a board examination series pilot] an academic advancement program to allow local and regional boards of education to permit students in grades [nine to] eleven and twelve [, inclusive,] to substitute (1) achievement of a passing score on [a] an existing national examination, as determined by the department, or series of examinations approved by the State Board of Education, (2) a cumulative grade point average determined by the State Board of Education, and (3) at least three letters of recommendation from school professionals, as defined in section 10-66dd, for the high school graduation requirements pursuant to section 10-221a. The State Board of Education shall issue [a board examination] an academic advancement program certificate to any student who has successfully completed such program. Such [board examination] academic advancement program certificate shall be considered in the same manner as a high school diploma for purposes of determining eligibility of a student for enrollment at a public institution of higher education in this state.

(b) Notwithstanding the high school graduation requirements pursuant to section 10-221a, for the school year commencing July 1, [2011] 2013, and each school year thereafter, a local or regional board of education shall permit a student to graduate from high school upon the successful completion of the [board examination series] academic advancement program described in subsection (a) of this section.

Sec. 2. Subsection (g) of section 10-221a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(g) Only courses taken in grades nine [through] to twelve, inclusive, shall satisfy this graduation requirement, except that a local or regional board of education may grant a student credit (1) toward meeting a specified course requirement upon the successful completion in grade seven or eight of any course, the primary focus of which corresponds directly to the subject matter of a specified course requirement in grades nine to twelve, inclusive; (2) toward meeting the high school graduation requirement upon the successful completion of a world language course (A) in grade six, seven or eight, (B) through on-line coursework, or (C) offered privately through a nonprofit provider, provided such student achieves a passing grade on an examination prescribed, within available appropriations, by the Commissioner of Education and such credits do not exceed four; (3) toward meeting the high school graduation requirement upon achievement of a passing grade on a subject area proficiency examination identified and approved, within available appropriations, by the Commissioner of Education, regardless of the number of hours the student spent in a public school classroom learning such subject matter; (4) toward meeting the high school graduation requirement upon the successful completion of coursework at an institution accredited by the Board of Regents for Higher Education or State Board of Education or regionally accredited. One three-credit semester course, or its equivalent, at such an institution shall equal one-half credit for purposes of this section; (5) toward meeting the high school graduation requirement upon the successful completion of on-line coursework, provided the local or regional board of education has adopted a policy in accordance with this subdivision for the granting of credit for on-line coursework. Such a policy shall ensure, at a minimum, that (A) the workload required by the on-line course is equivalent to that of a similar course taught in a traditional classroom setting, (B) the content is rigorous and aligned with curriculum guidelines approved by the State Board of Education, where appropriate, (C) the course engages students and has interactive components, which may include, but are not limited to, required interactions between students and their teachers, participation in on-line demonstrations, discussion boards or virtual labs, (D) the program of instruction for such on-line coursework is planned, ongoing and systematic, and (E) the courses are (i) taught by teachers who are certified in the state or another state and have received training on teaching in an on-line environment, or (ii) offered by institutions of higher education that are accredited by the Board of Regents for Higher Education or State Board of Education or regionally accredited; or (6) toward meeting the high school graduation requirement upon the successful completion of the [board examination series] academic advancement program, pursuant to section 10-5c, as amended by this act. "

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

Section 1

July 1, 2013

10-5c

Sec. 2

July 1, 2013

10-221a(g)

One the motion of Senator Stillman of the 20th the bill as amended by Senate Amendment Schedule "A" (LCO 8333) was placed on Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

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.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 1130 (RAISED) (File No. 450) AN ACT MAXIMIZING JOBS FOR STATE WORKERS BY REQUIRING LOCAL CONSTRUCTION HIRING REPORTS BY RECIPIENTS OF ECONOMIC DEVELOPMENT FUNDS.

Senator LeBeau of the 3rd explained the bill, offered Senate Amendment Schedule “A” (LCO 8378) and moved adoption.

Remarking were Senators Frantz of the 36th, Kane of the 32nd and McKinney of the 28th.

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. (NEW) (Effective October 1, 2013) (a) Any recipient of a notification of approval for financial assistance from the Department of Economic and Community Development in an amount greater than or equal to that in subsection (b) or (c) of section 32-462 of the general statutes, whichever is applicable, shall, not later than thirty days after the date of such notification, provide said department with a letter of intent to take reasonable steps to contract with Connecticut businesses for any construction-related portion of a facility construction or expansion project funded in whole or in part by such assistance. Such letter shall include a list of proposed steps such recipient shall take to contract with Connecticut businesses. For purposes of this section, "financial assistance" has the same meaning as in section 32-462 of the general statutes.

(b) Not more than twelve months after beginning the construction-related portion of any such project, any recipient of financial assistance that has submitted a letter pursuant to subsection (a) of this section shall file a report with the Labor Department and the Department of Economic and Community Development that shall include: (1) The names of businesses contracted by such recipient to perform the construction-related portion of such project; (2) the number of Connecticut residents employed on the construction-related portion of such project; (3) the number of and total combined wages and benefits paid to full-time employees to be utilized in the construction-related portion of such project; and (4) any other information required by the Labor Department and the Department of Economic and Community Development.

(c) Not later than February first, annually, the Department of Economic and Community Development, in consultation with the Labor Department, shall submit, in accordance with the provisions of section 11-4a of the general statutes, a report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to commerce and labor. Such report shall summarize the reports filed in the preceding calendar year pursuant to subsection (b) of this section, and shall include, but not be limited to: (1) A list of the businesses included in any report filed pursuant to subsection (b) of this section; (2) the number of Connecticut residents employed on each such project, and in the aggregate; (3) the total combined wages and benefits paid to full-time employees utilized in the construction-related portion of each such project and in the aggregate; and (4) any other information required by the Labor Department and the Department of Economic and Community Development. Such report shall be included in the annual report required pursuant to section 32-1m of the general statutes. "

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

Section 1

October 1, 2013

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 53 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 30

Those voting Nay 4

Those absent and not voting 2

On the roll call vote Senate Bill No. 1130 as amended by Senate Amendment Schedule “A” (LCO 8378) 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

 

Y

 

21

KEVIN KELLY

A

   

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

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILLS PLACED ON CONSENT CALENDAR NO. 1

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

GENERAL LAW. Substitute for S. B. No. 1067 (RAISED) (File No. 521) AN ACT CONCERNING THE PROVISION OF CERTAIN SERVICES AT MEDICAL SPAS.

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 8417) and moved adoption.

Remarking were Senators Welch of the 31st and Witkos of the 8th.

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. (NEW) (Effective October 1, 2013) (a) For purposes of this section, "medical spa facility" means an establishment in which cosmetic medical procedures, as defined in section 12-407 of the general statutes, are performed. Such procedures include, but are not limited to, liposuction, laser procedures, intense pulsed light, injection of cosmetic filling agents and neurotoxins.

(b) Each medical spa facility shall employ or contract for the services of a physician who (1) is licensed pursuant to chapter 370 of the general statutes, (2) is actively practicing in the state, and (3) maintains staff privileges with a hospital or has received education or training from an institution of higher education or professional organization to perform cosmetic medical procedures and has experience performing such procedures. Such physician shall act as the establishment's medical director.

(c) The medical director or another physician who is employed by the medical spa facility and who meets the requirements of subdivisions (1) to (3), inclusive, of subsection (b) of this section shall perform an initial physical assessment of each person undergoing a cosmetic medical procedure at such facility prior to such procedure being performed.

(d) Any cosmetic medical procedure performed at a medical spa facility shall be performed by a physician licensed pursuant to chapter 370 of the general statutes, a physician assistant licensed pursuant to chapter 370 of the general statutes, an advanced practice registered nurse licensed pursuant to chapter 378 of the general statutes or a registered nurse licensed pursuant to chapter 378 of the general statutes in accordance with applicable statutory authority. Any such procedure that is not performed by a physician shall be performed under the supervision and control of a physician.

(e) Each medical spa facility shall post notice of the medical director's name and any specialty of the medical director in a conspicuous place that is accessible to customers at the facility. Such information shall also be contained in any advertisement by the medical spa facility concerning services offered by the facility. "

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

Section 1

October 1, 2013

New section

One the motion of Senator Gerratana of the 6th the bill as amended by Senate Amendment Schedule "A" (LCO 8417) was placed on Consent Calendar No. 1.

LABOR AND PUBLIC EMPLOYEES. S. B. No. 1033 (RAISED) (File No. 250) AN ACT CONCERNING STATE EMPLOYEE BENEFITS.

Senator Osten of the 19th explained the bill, offered Senate Amendment Schedule “A” (LCO 8462) and moved adoption.

Remarking was Senator Witkos of the 8th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 06 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 34

Those voting Nay 0

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “A” (LCO 8462) 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

A

   

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.

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

"Section 1. Section 29-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The Commissioner of Emergency Services and Public Protection may, within available appropriations, appoint suitable persons from the regular state police force as resident state policemen in addition to the regular state police force to be employed and empowered as state policemen in any town or two or more adjoining towns lacking an organized police force, and such officers may be detailed by said commissioner as resident state policemen for regular assignment to such towns, provided each town shall pay sixty per cent of the cost of compensation, maintenance and other expenses of the state policemen detailed to such town, and on and after July 1, 2011, each town shall pay seventy per cent of such regular cost and other expenses and one hundred per cent of any overtime costs. [and such portion of fringe benefits directly associated with such overtime costs. ] Such town or towns and the Commissioner of Emergency Services and Public Protection are authorized to enter into agreements and contracts for such police services, with the approval of the Attorney General, for periods not exceeding two years.

(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Emergency Services and Public Protection shall appoint a resident state policeman to serve in a pilot program assignment for two towns lacking an organized police force or constabulary and located within the jurisdiction of the same state police troop pursuant to a memorandum of agreement with towns requesting participation in the pilot program. Towns participating in the pilot program shall be responsible for the costs and expenses of such resident state policeman as provided in subsection (a) of this section.

(c) The Commissioner of Emergency Services and Public Protection shall exercise such supervision and direction over any resident policeman so appointed as said commissioner deems necessary, and each appointee shall be required to conform to the requirements of chapter 67. Each resident state policeman shall have the same powers as officers of the regular state police force and be entitled to the same rights and subject to the same rules and regulations as the Division of State Police within the Department of Emergency Services and Public Protection. "

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

Section 1

October 1, 2013

29-5

One the motion of Senator Osten of the 19th the bill as amended by Senate Amendment Schedule "A" (LCO 8462) was placed on Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

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.

LABOR AND PUBLIC EMPLOYEES. S. B. No. 732 (COMM) (File No. 336) AN ACT CONCERNING WORKFORCE DEVELOPMENT BOARDS AND THE CHRONICALLY UNEMPLOYED.

Senator Osten of the 19th explained the bill, offered Senate Amendment Schedule “A” (LCO 8212) and moved adoption.

Remarking was Senator Witkos of the 8th.

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. (Effective July 1, 2013) (a) Not later than October 1, 2013, the Labor Department, in collaboration with Workforce Investment Boards within the state, shall conduct a study of programs offered to individuals seeking employment within the state. The topics of such study shall include, but not be limited to:

(1) The location, ownership and management of Workforce Investment Board offices within the state;

(2) The number of employees dedicated to assisting individuals seeking employment in each Workforce Investment Board office;

(3) The number of individuals seeking employment that are served through each Workforce Investment Board office on an annual basis;

(4) The number of employers that utilize Workforce Investment Boards throughout the state;

(5) The type of training programs offered by each Workforce Investment Board and the frequency that such training is offered;

(6) Whether training programs offered by individual Workforce Investment Boards are planned in conjunction with the department to maximize efficiency and avoid duplication of resources;

(7) The type and quality of casework assumed by each Workforce Investment Board, including the process by which individuals seeking employment are documented and the number of such individuals who are served through each office;

(8) Whether an individual seeking employment can simultaneously participate in a state-operated employment program through the department and a Workforce Investment Board program; and

(9) The methods by which the department and Workforce Investment Boards coordinate employment programs in each region of the state.

(b) Not later than January 1, 2014, the department shall submit, in accordance with the provisions of section 11-4a of the general statutes, a report to the General Assembly detailing the findings of the study conducted pursuant to subsection (a) of this section. "

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

Sec. 501

July 1, 2013

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 12 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 33

Those voting Nay 1

Those absent and not voting 2

On the roll call vote Seante Bill No. 732 as amended by Senate Amendment Schedule “A” (LCO 8212) 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

 

Y

 

21

KEVIN KELLY

A

   

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILL PASSED TEMPORARILY

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

PUBLIC HEALTH. Substitute for H. B. No. 6525 (RAISED) (File Nos. 227 and 848) AN ACT CONCERNING CHILDHOOD OBESITY AND PHYSICAL EXERCISE IN SCHOOLS. (As amended by House Amendment Schedule "A").

Senator Bartolomeo of the 13th explained the bill as amended and moved passage.

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

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO. 1

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

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5926 (RAISED) (File Nos. 7 and 838) AN ACT CONCERNING PERSONAL RISK INSURANCE RATE FILINGS. (As amended by House Amendment Schedule "A").

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

Remarking was Senator Welch of the 31st.

One the motion of Senator Crisco of the 17th the bill as amended was placed on Consent Calendar No. 1. In concurrence with the House.

BUSINESS ON THE CALENDAR

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.

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 6379 (RAISED) (File Nos. 289 and 846) AN ACT CONCERNING SURPLUS LINES INSURANCE BROKERS. (As amended by House Amendment Schedule "A").

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

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

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 33 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 24

Those voting Nay 11

Those absent and not voting 1

On the roll call vote House Bill No. 6379 as amended 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

   

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

 

Y

 

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.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO. 1

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 5358 (COMM) (File Nos. 621 and 857) AN ACT PROHIBITING STATE CONTRACTS WITH ENTITIES MAKING CERTAIN INVESTMENTS IN IRAN. (As amended by House Amendment Schedule "A").

Senator Musto of the 22nd explained the bill as amended and moved passage.

Remarking was Senator Boucher of the 26th.

One the motion of Senator Musto of the 22nd the bill as amended was placed on Consent Calendar No. 1. In concurrence with the House.

BUSINESS ON THE CALENDAR

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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 6373 (File Nos. 124 and 845) AN ACT CONCERNING THE POLICING OF INDIAN TRIBAL LAND. (As amended by House Amendment Schedule "A").

Senator Hartley of the 15th explained the bill as amended and moved passage.

Remarking were Senators Witkos of the 8th, Guglielmo of the 35th, Kane of the 32nd, Markley of the 16th, Welch of the 31st, Frantz of the 36th and Stillman of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 05 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 30

Those voting Nay 4

Those absent and not voting 2

On the roll call vote House Bill No. 6373 as amended 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

 

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

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

A

   

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 1

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

APPROPRIATIONS. Substitute for H. B. No. 5113 (COMM) (File Nos. 393 and 851) AN ACT CONCERNING POOL SAFETY AT PUBLIC SCHOOLS. (As amended by House Amendment Schedule "A").

Senator Hartley of the 15th explained the bill as amended and moved passage.

Remarking were Senators Stillman of the 20th, Cassano of the 4th, Chapin of the 30th, Boucher of the 26th and LeBeau of the 3rd.

One the motion of Senator Hartley of the 15th the bill as amended was placed on Consent Calendar No. 1. In concurrence with the House.

EDUCATION. Substitute for H. B. No. 6506 (RAISED) (File No. 463) AN ACT CONCERNING STATE-FUNDED CHILD CARE FACILITIES.

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

Remarking was Senator Boucher of the 26th.

One the motion of Senator Stillman of the 20th the bill was placed on Consent Calendar No. 1. In concurrence with the House.

BUSINESS ON THE CALENDAR

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.

PUBLIC HEALTH. Substitute for H. B. No. 6525 (RAISED) (File Nos. 227 and 848) AN ACT CONCERNING CHILDHOOD OBESITY AND PHYSICAL EXERCISE IN SCHOOLS. (As amended by House Amendment Schedule "A").

Senator Bartolomeo of the 13th explained the bill as amended and moved passage.

Remarking were Senator Linares of the 33rd, Ayala of the 23rd, Welch of the 31st and Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 42 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 31

Those voting Nay 4

Those absent and not voting 1

On the roll call vote House Bill No. 6525 as amended 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

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

   

N

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

   

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

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 1

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

GENERAL LAW. H. B. No. 6406 (RAISED) (File Nos. 173 and 706) AN ACT CONCERNING THE ELECTRONIC PRESCRIPTION DRUG MONITORING PROGRAM. (As amended by House Amendment Schedule "A").

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

Remarking were Senators Witkos of the 8th, Boucher of the 26th, Markley of the 16th and LeBeau of the 3rd.

One the motion of Senator Doyle of the 9th the bill as amended was placed on Consent Calendar No. 1. In concurrence with the House.

TRANSPORTATION. H. B. No. 6023 (COMM) (File No. 322) AN ACT CONCERNING THE USE OF RECYCLED ASPHALT ROOFING SHINGLES IN ROAD PAVING MATERIALS.

SENATOR DUFF IN THE CHAIR

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

Remarking was Senator Boucher of the 26th.

One the motion of Senator Maynard of the 18th the bill was placed on Consent Calendar No. 1. In concurrence with the House.

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5441 (COMM) (File Nos. 355 and 821) AN ACT AUTHORIZING CERTAIN EMERGENCY RESPONSE EMPLOYEES TO ENROLL IN THE MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM. (As amended by House Amendment Schedule "A").

Senator Osten of the 19th explained the bill as amended and moved passage.

Remarking was Senator Markley of the 16th.

One the motion of Senator Osten of the 19th the bill as amended was placed on Consent Calendar No. 1. In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 6151 (COMM) (File No. 327) AN ACT CONCERNING CERTAIN OPERATORS OF MOTOR VEHICLES AND ELIGIBILITY FOR UNEMPLOYMENT BENEFITS.

Senator Osten of the 19th explained the bill and moved passage.

Remarking was Senator Markley of the 16th.

One the motion of Senator Osten of the 19th the bill was placed on Consent Calendar No. 1. In concurrence with the House.

APPROPRIATIONS. H. B. No. 6365 (RAISED) (File No. 769) AN ACT CONCERNING THE ISSUANCE OF INITIAL TEACHER CERTIFICATES TO GRADUATES OF THE CONNECTICUT ALTERNATE ROUTE TO CERTIFICATION PROGRAM.

Senator Bye of the 5th explained the bill and moved passage.

Remarking was Senator Boucher of the 26th.

One the motion of Senator Bye of the 5th the bill was placed on Consent Calendar No. 1. In concurrence with the House.

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. H. B. No. 6416 (RAISED) (File No. 85) AN ACT CONCERNING STATE CHARTER SCHOOL EMPLOYEES. (As amended by Senate Amendment Schedule "A").

Senator Osten of the 19th explained the bill as amended and moved passage.

Senator Boucher of the 26th offered Senate Amendment Schedule “A” (LCO 7921) and moved adoption.

Remarking were Senators Frantz of the 36th and Osten of the 19th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 28 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 7921) 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.

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

"Sec. 501. (NEW) (Effective October 1, 2013) Notwithstanding the provisions of subsection (c) of section 10-153b of the general statutes, as amended by this act, any organization of certified professional employees designated to represent the employees of a state charter school, as defined in section 10-66aa of the general statutes, shall only represent such state charter school employees in negotiations with respect to salaries and employment benefits with the governing council of such state charter school. "

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

Sec. 501

October 1, 2013

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 30 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 House Bill No. 6416 as amended 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

 

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

JUDICIARY. H. B. No. 5515 (RAISED) (File No. 121) AN ACT CONCERNING RESIDENTIAL STAYS AT CORRECTIONAL FACILITIES.

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

PRESIDENT IN THE CHAIR

Remarking were Senators Kissel of the 7th, Witkos of the 8th, Kane of the 32nd and Cassano of the 4th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 51 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 33

Those voting Nay 2

Those absent and not voting 1

On the roll call vote House Bill No. 5515 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

 

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

   

N

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 5514 (RAISED) (File No. 623) AN ACT CONCERNING THE ADMINISTRATOR OF THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.

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

Remarking was Senator Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 58 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 31

Those voting Nay 4

Those absent and not voting 1

On the roll call vote House Bill No. 5514 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

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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.

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 6683 (RAISED) (File Nos. 697 and 829) AN ACT CONCERNING THE ABATEMENT OF A PUBLIC NUISANCE. (As amended by House Amendment Schedule "A"). In concurrence with the House.

JUDICIARY. H. B. No. 5666 (COMM) (File Nos. 720 and 882) AN ACT CONCERNING SEXUAL EXPLOITATION AND TRAFFICKING IN PERSONS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

CONSENT CALENDAR NO. 1

ADOPTED

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

The following is the result of the vote at 6: 03 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 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

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 report of the Committees accepted and the bills passed.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 840 (File No. 679) AN ACT CONCERNING NEXT GENERATION CONNECTICUT.

Senator Fonfara of the 1st explained the bill, offered Senate Amendment Schedule “A” (LCO 8504) and moved adoption.

Remarking were Senators LeBeau of the 3rd, Frantz of the 36th, Witkos of the 8th, Crisco of the 17th, Markley of the 16th, Kane of the 32nd, Welch of the 31st, Guglielmo of the 35th, Stillman of the 20th, Leone of the 27th, Linares of the 33rd, Bye of the 5th, Cassano of the 4th, Meyer of the 12th, McLachlan of the 24th, Boucher of the 26th, 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 8: 05 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 29

Those voting Nay 5

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “A” (LCO 8504) 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

A

   

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

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

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 10a-109b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The purpose of The University of Connecticut 2000 Act is to promote the welfare and prosperity of the people of the state and the continuation and improvement of their educational opportunities by approving a special capital improvement program for The University of Connecticut and enabling The University of Connecticut to borrow money and enter into financing transactions in its own name, on behalf of the state, to expand the authority of The University of Connecticut to construct projects and to assure a state commitment to support the financing of the acquisition, construction, reconstruction, improvement and equipping of facilities, structures and related systems for the benefit of the educational and economic development needs of the state and The University of Connecticut, all to the public benefit and good, and the exercise of the powers, to the extent and manner provided in The University of Connecticut 2000 Act, is declared to be for a public purpose and to be the exercise of an essential governmental function.

(b) The purposes of sections 10a-109gg to 10a-109mm, inclusive, and the provisions of sections 10a-109c to 10a-109e, inclusive, 10a-109g, 10a-109n and 32-41s relating to The University of Connecticut Health Center and John Dempsey Hospital are to advance health care, education and economic development in the state by (1) encouraging collaboration, innovation, job creation and new investment by The University of Connecticut, various hospitals and other institutions involved in the health and bioscience industries of the state; (2) enabling (A) the construction of a new bed tower at John Dempsey Hospital, and (B) the renovation of academic, clinical and research space and the construction of a new ambulatory care center at The University of Connecticut Health Center to enhance the academic, clinical and research missions of The University of Connecticut School of Medicine and School of Dental Medicine; (3) facilitating the assumption of operational control of the neonatal intensive care unit located at John Dempsey Hospital by Connecticut Children's Medical Center resulting in a regional children's health care system and an increased adult medical surgical bed capacity for John Dempsey Hospital; (4) supporting the development of (A) a comprehensive cancer center to expand clinical trials and advance patient care at multiple sites in the Hartford region, (B) a state-of-the-art simulation and conference center to be located on the campus of Hartford Hospital that will be used to educate and train health care professionals utilizing new technologies and simulated care settings, (C) a primary care institute located on the campus of Saint Francis Hospital and Medical Center, the Connecticut Institute for Primary Care Innovation, that is intended to increase the number of primary care providers in the state by engaging in research and training to facilitate the effective delivery of primary care, (D) a health disparities institute sponsored by The University of Connecticut that will enhance research and the delivery of care to the minority and medically underserved populations of the state, (E) a Permanent Regional Phase One Clinical Trials Unit to be located at The Hospital of Central Connecticut, (F) a cancer treatment center to be located in its entirety within the city of New Britain, and (G) patient room renovations at Bristol Hospital; and (5) fostering growth in the bioscience sector of the state's economy by extending the same benefits afforded to businesses located in an enterprise zone to businesses that are engaged in bioscience and located in the city of Hartford or certain areas in the town of Farmington, the city of New Britain and the city of Bristol.

(c) The purposes of the construction, renovations, infrastructure and equipment related to Next Generation Connecticut are to: (1) Develop preeminence in The University of Connecticut's research and innovation programs, (2) hire and support outstanding faculty, (3) train and educate graduates to meet the future workforce needs of Connecticut, and (4) initiate collaborative partnerships that lead to scientific and technological breakthroughs. For purposes of this section and section 3 of this act, "Next Generation Connecticut" means UConn 2000, as modified by this act.

Sec. 2. (Effective July 1, 2013) Not later than December 31, 2019, and five years thereafter, the university shall conduct an assessment of the university's progress in meeting the purposes set forth in subsection (c) of section 10a-109b of the general statutes, as amended by this act. The university shall select peers from nationally-ranked research universities to conduct such assessment. The selected peers shall seek input from the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and higher education prior to the completion of such assessment.

Sec. 3. (Effective July 1, 2013) The University of Connecticut shall develop a comprehensive plan to guide Next Generation Connecticut investments. The university shall develop such plan in consultation with: (1) An industry advisory board selected by the university that shall be representative of the state's science, technology, engineering and math-related industries and shall include, but not be limited to, chief science officers or chief technology officers from such industries; (2) an independent research and development advisory firm selected by the university; (3) university academic leaders; (4) federal and private funding agencies; and (5) research and innovation benchmarks identified by the university and an analysis of the university's progress in meeting such benchmarks in comparison to nationally-ranked research universities. Such plan shall identify strategic growth areas for the research, innovation, workforce and economic development needs of Connecticut. The industry advisory board, independent research and development advisory firm and university academic leaders shall seek input from the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and higher education prior to the completion of the plan. The Board of Trustees of The University of Connecticut shall review and approve such plan not later than July 1, 2014.

Sec. 4. Subdivision (10) of subsection (a) of section 10a-109d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(10) To borrow money and issue securities to finance the acquisition, construction, reconstruction, improvement or equipping of any one project, or more than one, or any combination of projects, or to refund securities issued after June 7, 1995, or to refund any such refunding securities or for any one, or more than one, or all of those purposes, or any combination of those purposes, and to provide for the security and payment of those securities and for the rights of the holders of them, except that the amount of any such borrowing, the special debt service requirements for which are secured by the state debt service commitment, exclusive of the amount of borrowing to refund securities, or to fund issuance costs or necessary reserves, may not exceed the aggregate principal amount of (A) for the fiscal years ending June 30, 1996, to June 30, 2005, inclusive, one billion thirty million dollars, (B) for the fiscal years ending June 30, 2006, to June 30, [2018] 2024, inclusive, [one billion seven hundred nineteen million nine hundred thousand] three billion two hundred seventy million nine hundred thousand dollars, and (C) such additional amount or amounts: (i) Required from time to time to fund any special capital reserve fund or other debt service reserve fund in accordance with the financing transaction proceedings, and (ii) to pay or provide for the costs of issuance and capitalized interest, if any; the aggregate amounts of subparagraphs (A), (B) and (C) of this subdivision are established as the authorized funding amount, and no borrowing within the authorized funding amount for a project or projects may be effected unless the project or projects are included in accordance with subsection (a) of section 10a-109e;

Sec. 5. Subsection (a) of section 10a-109e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The university may administer, manage, schedule, finance, further design and construct UConn 2000, to operate and maintain the components thereof in a prudent and economical manner and to reserve for and make renewals and replacements thereof when appropriate, it being hereby determined and found to be in the best interest of the state and the university to provide this independent authority to the university along with providing assured revenues therefor as the efficient and cost effective course to achieve the objective of avoiding further decline in the physical infrastructure of the university and to renew, modernize, enhance and maintain such infrastructure, the particular project or projects, each being hereby approved as a project of UConn 2000, and the presently estimated cost thereof being as follows:

 

UConn 2000 Project

Phase I

Phase II

Phase III

   

Fiscal Years

Fiscal Years

Fiscal Years

   

1996-1999

2000-2005

[2005-2018]

       

2005-2024

         
 

Academic and Research

   

450,000,000

 

Facilities

     
         
 

Agricultural Biotechnology

     
 

Facility

9,400,000

   
         
 

Agricultural Biotechnology

     
 

Facility Completion

 

10,000,000

 
         
 

Alumni Quadrant

     
 

Renovations

 

14,338,000

 
         
 

Arjona and Monteith

     
 

(new classroom buildings)

   

66,100,000

         
 

Avery Point Campus

     
 

Undergraduate and

     
 

Library Building

   

35,000,000

         
 

Avery Point Marine

     
 

Science Research Center –

     
 

Phase I

34,000,000

   
         
 

Avery Point Marine

     
 

Science Research Center –

     
 

Phase II

 

16,682,000

 
         
 

Avery Point Renovation

 

5,600,000

15,000,000

         
 

Babbidge Library

0

   
         
 

Balancing Contingency

 

5,506,834

 
         
 

Beach Hall Renovations

   

10,000,000

         
 

Benton State Art Museum

     
 

Addition

 

1,400,000

3,000,000

         
 

Biobehavioral Complex

     
 

Replacement

   

4,000,000

         
 

Bishop Renovation

   

8,000,000

         
 

Budds Building

     
 

Renovation

 

2,805,000

 
         
 

Business School

     
 

Renovation

 

4,803,000

 
         
 

Chemistry Building

53,700,000

   
         
 

Commissary Warehouse

   

1,000,000

         
 

Deferred Maintenance/

     
 

Code/ADA Renovation

     
 

Lump Sum

39,332,000

 

[215,000,000]

       

805,000,000

         
 

Deferred Maintenance &

     
 

Renovation Lump Sum

     
 

Balance

 

104,668,000

 
         
 

East Campus North

     
 

Renovations

 

11,820,000

 
         
 

Engineering Building

     
 

(with Environmental

     
 

Research Institute)

   

36,700,000

         
 

Equine Center

 

1,000,000

 
         
 

Equipment, Library

     
 

Collections &

     
 

Telecommunications

60,500,000

 

[200,000,000]

       

470,000,000

         
 

Equipment, Library

     
 

Collections &

     
 

Telecommunications

     
 

Completion

 

182,118,146

 
         
 

Family Studies (DRM)

     
 

Renovation

   

6,500,000

         
 

Farm Buildings Repairs/

     
 

Replacement

   

6,000,000

         
 

Fine Arts Phase II

   

20,000,000

         
 

Floriculture Greenhouse

   

3,000,000

         
 

Gant Building Renovations

   

34,000,000

         
 

Gant Plaza Deck

 

0

 
         
 

Gentry Completion

   

10,000,000

         
 

Gentry Renovation

 

9,299,000

 
         
 

Grad Dorm Renovations

 

7,548,000

 
         
 

Gulley Hall Renovation

 

1,416,000

 
         
 

Hartford Relocation

     
 

Acquisition/Renovation

 

56,762,020

70,000,000

         
 

Hartford Relocation Design

1,500,000

   
         
 

Hartford Relocation

     
 

Feasibility Study

500,000

   
         
 

Heating Plant Upgrade

10,000,000

   
         
 

Hilltop Dormitory New

 

30,000,000

 
         
 

Hilltop Dormitory

     
 

Renovations

 

3,141,000

 
         
 

Ice Rink Enclosure

2,616,000

   
         
 

Incubator Facilities

   

10,000,000

         
 

International House

     
 

Conversion

 

800,000

 
         
 

Intramural, Recreational

     
 

and Intercollegiate Facilities

   

31,000,000

         
 

Jorgensen Renovation

   

7,200,000

         
 

Koons Hall Renovation/

     
 

Addition

   

7,000,000

         
 

Lakeside Renovation

   

3,800,000

         
 

Law School Renovations/

     
 

Improvements

   

15,000,000

         
 

Library Storage Facility

   

5,000,000

         
 

Litchfield Agricultural

     
 

Center – Phase I

1,000,000

   
         
 

Litchfield Agricultural

     
 

Center – Phase II

 

700,000

 
         
 

Manchester Hall

     
 

Renovation

   

6,000,000

         
 

Mansfield Apartments

     
 

Renovation

2,612,000

   
         
 

Mansfield Training School

     
 

Improvements

 

27,614,000

29,000,000

         
 

Natural History Museum

     
 

Completion

   

4,900,000

         
 

North Campus Renovation

2,654,000

   
         
 

North Campus Renovation

     
 

Completion

 

21,049,000

 
         
 

North Hillside Road

     
 

Completion

   

11,500,000

         
 

North Superblock Site

     
 

and Utilities

8,000,000

   
         
 

Northwest Quadrant

     
 

Renovation

2,001,000

   
         
 

Northwest Quadrant

     
 

Renovation

 

15,874,000

 
         
 

Observatory

   

1,000,000

         
 

Old Central Warehouse

   

18,000,000

         
 

Parking Garage #3

   

[15,000,000]

       

78,000,000

         
 

Parking Garage – North

10,000,000

   
         
 

Parking Garage – South

 

15,000,000

 
         
 

Pedestrian Spinepath

 

2,556,000

 
         
 

Pedestrian Walkways

 

3,233,000

 
         
 

Psychology Building

     
 

Renovation/Addition

   

20,000,000

         
 

Residential Life Facilities

   

[90,000,000]

       

162,000,000

 

Roadways

 

10,000,000

 
         
 

School of Business

20,000,000

   
         
 

School of Pharmacy/Biology

3,856,000

   
         
 

School of Pharmacy/Biology

     
 

Completion

 

61,058,000

 
         
 

Shippee/Buckley

     
 

Renovations

 

6,156,000

 
         
 

Social Science K Building

 

20,964,000

 
         
 

South Campus Complex

13,127,000

   
         
 

Stamford Campus

     
 

Improvements/Housing

   

[3,000,000]

       

13,000,000

         
 

Stamford Downtown

     
 

Relocation – Phase I

45,659,000

   
         
 

Stamford Downtown

     
 

Relocation – Phase II

 

17,392,000

 
         
 

Storrs Hall Addition

   

4,300,000

         
 

Student Health Services

   

12,000,000

         
 

Student Union Addition

 

23,000,000

 
         
 

Support Facility

     
 

(Architectural and

     
 

Engineering Services)

   

2,000,000

         
 

Technology Quadrant –

     
 

Phase IA

38,000,000

   
         
 

Technology Quadrant –

     
 

Phase IB

 

16,611,000

 
         
 

Technology Quadrant –

     
 

Phase II

 

72,000,000

 
         
 

Technology Quadrant –

     
 

Phase III

 

15,000,000

 
         
 

Torrey Life Science

     
 

Renovation

 

17,000,000

 
         
 

Torrey Renovation

     
 

Completion and Biology

     
 

Expansion

   

42,000,000

         
 

Torrington Campus

     
 

Improvements

   

1,000,000

         
 

Towers Renovation

 

17,794,000

 
         
 

UConn Products Store

   

1,000,000

         
 

Undergraduate Education

     
 

Center

650,000

   
         
 

Undergraduate Education

     
 

Center

 

7,450,000

 
         
 

Underground Steam &

     
 

Water Upgrade

3,500,000

   
         
 

Underground Steam &

     
 

Water Upgrade

     
 

Completion

 

9,000,000

 
         
 

University Programs

     
 

Building – Phase I

8,750,000

   
         
 

University Programs

     
 

Building – Phase II

     
 

Visitors Center

 

300,000

 
         
 

Waring Building Conversion

7,888,000

   
         
 

Waterbury Downtown

     
 

Campus

   

3,000,000

         
 

Waterbury Property

     
 

Purchase

325,000

   
         
 

West Campus Renovations

 

14,897,000

 
         
 

West Hartford Campus

     
 

Renovations/

     
 

Improvements

   

25,000,000

         
 

White Building Renovation

2,430,000

   
         
 

Wilbur Cross Building

     
 

Renovation

 

3,645,000

 
         
 

Young Building Renovation/

     
 

Addition

   

17,000,000

         
 

HEALTH CENTER

     
         
 

CLAC Renovation

     
 

Biosafety Level 3 Lab

   

14,000,000

         
 

Deferred Maintenance/

     
 

Code/ADA Renovation

     
 

Sum – Health Center

   

[50,000,000]

       

61,000,000

         
 

Dental School Renovation

   

5,000,000

         
 

Equipment, Library

     
 

Collections and

     
 

Telecommunications –

     
 

Health Center

   

75,000,000

         
 

Library/Student Computer

     
 

Center Renovation

   

5,000,000

         
 

Main Building Renovation

   

125,000,000

         
 

Medical School Academic

     
 

Building Renovation

   

9,000,000

         
 

Parking Garage – Health

     
 

Center

   

8,400,000

         
 

Research Tower

   

60,000,000

         
 

Support Building Addition/

     
 

Renovation

   

4,000,000

         
 

The University of Connecticut

     
 

Health Center

     
 

New Construction and

     
 

Renovation

   

394,900,000

         
 

Planning and Design Costs

   

25,000,000

         
 

Total – Storrs and Regional

   

[1,043,000,000]

 

Campus Project List

   

2,583,000,000

         
 

Total – Health Center

   

[775,300,000]

 

Project List

   

786,300,000

         
 

TOTAL

382,000,000

868,000,000

[1,818,300,000]

       

3,369,300,000

Sec. 6. Subdivision (1) of subsection (a) of section 10a-109g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) (1) The university is authorized to provide by resolution, at one time or from time to time, for the issuance and sale of securities, in its own name on behalf of the state, pursuant to section 10a-109f. The board of trustees of the university is hereby authorized by such resolution to delegate to its finance committee such matters as it may determine appropriate other than the authorization and maximum amount of the securities to be issued, the nature of the obligation of the securities as established pursuant to subsection (c) of this section and the projects for which the proceeds are to be used. The finance committee may act on such matters unless and until the board of trustees elects to reassume the same. The amount of securities the special debt service requirements of which are secured by the state debt service commitment that the board of trustees is authorized to provide for the issuance and sale in accordance with this subsection shall be capped in each fiscal year in the following amounts, provided, to the extent the board of trustees does not provide for the issuance of all or a portion of such amount in a fiscal year, all or such portion, as the case may be, may be carried forward to any succeeding fiscal year and provided further, the actual amount for funding, paying or providing for the items described in subparagraph (C) of subdivision (10) of subsection (a) of section 10a-109d, as amended by this act, may be added to the capped amount in each fiscal year:

 

Fiscal Year

Amount

 

1996

$112,542,000

 

1997

112,001,000

 

1998

93,146,000

 

1999

64,311,000

 

2000

130,000,000

 

2001

100,000,000

 

2002

100,000,000

 

2003

100,000,000

 

2004

100,000,000

 

2005

100,000,000

 

2006

79,000,000

 

2007

89,000,000

 

2008

115,000,000

 

2009

140,000,000

 

2010

0

 

2011

138,800,000

 

2012

157,200,000

 

2013

143,000,000

 

2014

[198,000,000] 204,400,000

 

2015

[208,500,000] 315,500,000

 

2016

[199,500,000] 312,100,000

 

2017

[160,900,000] 266,400,000

 

2018

[91,000,000] 269,500,000

 

2019

251,000,000

 

2020

269,000,000

 

2021

191,500,000

 

2022

144,000,000

 

2023

112,000,000

 

2024

73,500,000

Sec. 7. Subsection (a) of section 10a-109n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) For the period from July 1, 2001, to June 30, [2018] 2024, or until completion of the UConn 2000 infrastructure improvement program, whichever is later, the university shall have charge and supervision of the design, planning, acquisition, remodeling, alteration, repair, enlargement or demolition of any real asset or any other project on its campuses.

Sec. 8. Section 10a-109x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Not later than October 1, 1995, and semiannually thereafter, the university shall report to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to the Department of Education, to finance, revenue and bonding, and to appropriations and the budgets of state agencies on the status and progress of UConn 2000. Each report shall include, but not be limited to: (1) Information on the number of projects and securities authorized, approved and issued hereunder including, relative to such projects, project costs, timeliness of completion and any problems which have developed in implementation, and a schedule of projects remaining and their expected costs; (2) the amount of revenue available from all sources for such remaining projects and expected receipts for such remaining projects for the succeeding four quarters; (3) the amount of money raised from private sources for the capital and endowment programs and the progress made in the development and implementation of the fund-raising program; and (4) any cooperative activities with other public and independent institutions of higher education commenced in the preceding six months. Each such report shall, for the preceding six-month period, (A) specify the moneys credited to such fund on account of, or derived from, each source of state and federal revenue, (B) specify the amount of investment earnings from the fund, (C) specify the moneys from such fund applied and expended for (i) the payment of debt service requirements, (ii) the payment of the principal of and interest on securities issued hereunder and general obligation bonds of the state issued for university capital improvement purposes, and (iii) each budgeted account under the annual budget appropriation made to the university.

(b) Commencing January 1, 2000, the first semiannual report in each year submitted in accordance with subsection (a) of this section shall include such information as requested by the bonding subcommittee of the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and higher education including but not limited to: (1) The use of bond funds in the current fiscal year, (2) projected use of bond funds for the next succeeding fiscal year, (3) an updated master plan for the balance of the project, and (4) the use of Connecticut-owned businesses, including businesses owned by women and minorities. In the event that said bonding subcommittee determines that there has been a significant change in the economic circumstances of the state sufficient to warrant recommendations for modification of the program, the subcommittee may make recommendations for appropriate action to said committee.

(c) Not later than January 1, 2016, and annually thereafter, the university shall report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and higher education on its progress toward achieving the goals set forth in the plan developed pursuant to section 502 of this act. The report shall include a summary of the research and economic development activities of the university, including, but not limited to, (1) research proposals, research awards and research expenditures; (2) student applications, student enrollment and degrees awarded at the bachelor's, master's and doctoral levels; (3) industry partnerships including joint projects, consortium projects and incubator support; (4) a summary of university and joint university-industry intellectual property activities, including the number of disclosures, patents, licenses, new businesses and entrepreneurial activities established with university technologies; and (5) identification of research and innovation benchmarks and an analysis of the university's progress in meeting such benchmarks in comparison to nationally-ranked research universities.

Sec. 9. (Effective July 1, 2013) The University of Connecticut shall develop a strategic master plan that encompasses all of its academic programs. Such plan shall address and set forth strategic goals and objectives for the university and such programs, as applicable.

(b) Not later than July 1, 2015, the university shall submit the strategic master plan, 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 higher education, and finance, revenue and bonding. Said committees shall hold a joint public hearing regarding the plan not later than thirty days after receiving the plan. "

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

Section 1

July 1, 2013

10a-109b

Sec. 2

July 1, 2013

New section

Sec. 3

July 1, 2013

New section

Sec. 4

July 1, 2013

10a-109d(a)(10)

Sec. 5

July 1, 2013

10a-109e(a)

Sec. 6

July 1, 2013

10a-109g(a)(1)

Sec. 7

July 1, 2013

10a-109n(a)

Sec. 8

July 1, 2013

10a-109x

Sec. 9

July 1, 2013

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 07 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 29

Those voting Nay 5

Those absent and not voting 2

On the roll call vote Senate Bill No. 840 as amended by Senate Amendment Schedule “A” (LCO 8504) 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

A

   

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

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

SENATOR DUFF IN THE CHAIR

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

Senator Maynard of the 18th explained the bill, offered Senate Amendment Schedule “A” (LCO 8520) and moved adoption.

Remarking were Senators Boucher of the 26th and Kissel of the 7th.

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 13a-80 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The [commissioner] Commissioner of Transportation, with the advice and consent of the Secretary of the Office of Policy and Management and the State Properties Review Board may sell, lease and convey, in the name of the state, or otherwise dispose of, or enter into agreements concerning, any land and buildings owned by the state and obtained for or in connection with highway purposes or for the efficient accomplishment of the foregoing purposes or formerly used for highway purposes, which real property is not necessary for such purposes. The commissioner shall notify the state representative and the state senator representing the municipality in which said property is located within one year of the date a determination is made that the property is not necessary for highway purposes and that the department intends to dispose of the property.

(b) The Department of Transportation shall obtain a full appraisal on excess property prior to its sale [. Except as provided in subsection (c) of this section, transfers] and shall hold a public bid or auction for all properties determined to be legal lots of record. If the department does not receive any bids at the initial public bid or auction, the department may continue to market the property and accept offers for sale or hold another bid or auction. Transfers to other state agencies and municipalities for purposes specified by the department shall be exempt from the appraisal requirement. The department shall offer parcels that are legal lots of record to other state agencies, and to any municipality in which any such parcel is located, before holding a public bid or auction and shall offer parcels that are not legal lots of record to all abutting landowners in accordance with department regulations. If the sale or transfer of property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use, pursuant to local zoning requirements, the commissioner may sell or transfer the property to such abutting landowner without public bid or auction. The department shall obtain a second appraisal if the value of such property is [valued over one hundred] more than two hundred fifty thousand dollars and is [not] to be sold [through public bid or auction] to an abutting landowner or in accordance with the provisions of subsection (c) of this section. Any appraisals [or value reports] shall be obtained prior to the determination of a sale price of the excess property.

(c) Notwithstanding the provisions of sections 3-14b and 4b-21, no residential property upon which a single-family dwelling is situated at the time it is obtained by the department for highway purposes may be sold or transferred pursuant to this section within twenty-five years of the date of its acquisition without the department's first offering the owner or owners of the property at the time of its acquisition a right of first refusal to purchase the property at the amount of its appraised value as determined in accordance with the provisions of subsection (b) of this section. [, except for property offered for sale to municipalities prior to July 1, 1988. ] Notice of such offer shall be sent to each such owner by registered or certified mail, return receipt requested, within one year of the date a determination is made that such property is not necessary for highway purposes. Any such offer shall be terminated by the department if it has not received written notice of the owner's acceptance of the offer within sixty days of the date it was mailed. [Whenever the offer is not so accepted, the department shall offer parcels which meet local zoning requirements for residential or commercial use to other state agencies and shall offer parcels which do not meet local zoning requirements for residential or commercial use to all abutting landowners in accordance with department regulations. If the sale or transfer of the property pursuant to this section results in the existing property of an abutting landowner becoming a nonconforming use as to local zoning requirements, the Commissioner of Transportation may sell or transfer the property to that abutter without public bid or auction. ] The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing procedures for the disposition of excess property pursuant to the provisions of this subsection in the event such property is owned by more than one person.

(d) Where the department has in good faith and with reasonable diligence attempted to ascertain the identity of persons entitled to notice under subsection (c) of this section and mailed notice to the last known address of record of those ascertained, the failure to in fact notify those persons entitled thereto shall not invalidate any subsequent disposition of property pursuant to this section.

Sec. 2. Section 13b-79u of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Transportation is authorized and directed, in consultation with the Secretary of the Office of Policy and Management and with the approval of the Governor, to enter into any agreements with the National Rail Passenger Corporation or its successor in interest that are necessary for the operation of rail passenger service on the New Haven-Hartford-Springfield rail line.

(b) The commissioner is authorized and directed, in consultation with the secretary and with approval of the Governor, to enter into any agreements with the commonwealth of Massachusetts, or any entity authorized to act on its behalf, or the state of Vermont, or any entity authorized to act on its behalf, that are necessary for the state's participation in the provision of rail passenger service on the New Haven-Hartford-Springfield rail line.

(c) The commissioner is authorized and directed, in consultation with the secretary and with the approval of the Governor, to select through a competitive process and contract with an operator or operators for rail service on the New Haven-Hartford-Springfield rail line.

Sec. 3. Section 13b-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Transportation shall keep a record of all proceedings and orders pertaining to the matters under said commissioner's direction and copies of all plans, specifications and estimates submitted to said commissioner. Said commissioner shall furnish to any court in this state without charge certified copies of any document or record pertaining to the operation of the department, and any certified document or record of the commissioner, attested as a true copy by the commissioner, the deputy commissioner, the chief engineer of the department, or any deputy commissioner or bureau head for an operating bureau, shall be competent evidence in any court of this state of the facts contained in such document or record. The commissioner may delegate to the deputy commissioner, the chief engineer, [and] the deputy commissioners or bureau heads for operating bureaus, and other agency staff as appropriate, the authority to sign any agreement, contract, document or instrument which the commissioner is authorized to sign and any such signature shall be binding and valid.

(b) The executive director of the Office of the State Traffic Administration may certify copies of any document or record pertaining to the operation of the Office of the State Traffic Administration, and any certified document or record of said office, attested as a true copy by said executive director, shall be competent evidence in any court of this state of the facts contained in such document or record.

Sec. 4. (NEW) (Effective October 1, 2013) The Commissioner of Transportation may issue a filming permit, on a form required by the commissioner, to any person seeking to create photographs, moving images, footage and sound recordings for commercial, entertainment or advertising purposes upon any state highway right-of-way or state real property under the custody and control of the Department of Transportation. Such permit shall specify the insurance coverage that the permittee shall be required to obtain, as determined by the commissioner in consultation with the state's Director of Insurance and Risk Management, with the state named as an additional insured. No liability shall accrue to the state or any agency or employee of the state for any injuries or damages to any person or property that may result, either directly or indirectly, from the filming activities of the permittee on state real property or state highway right-of-way. The commissioner shall develop any such permit in consultation with the Commissioner of Economic and Community Development.

Sec. 5. (NEW) (Effective October 1, 2013) The Commissioner of Transportation may grant easements with respect to land owned by the state to a public service company, as defined in section 16-1 of the general statutes, in connection with bringing utility service to a Department of Transportation facility or office, subject to the approval of the State Properties Review Board.

Sec. 6. Subsection (a) of section 13b-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The minimum overhead clearance for any structure crossing over railroad tracks for which construction is begun on or after October 1, 1986, shall be twenty feet, six inches, except that, (1) if the construction includes only deck replacement or minor widening of the structure, and the existing piers or abutments remain in place, the minimum overhead clearance shall be the structure's existing overhead clearance; (2) the minimum overhead clearance for any structure crossing any railroad tracks on which trains are operated that are attached to or powered by means of overhead electrical wires shall be twenty-two feet, six inches; (3) the minimum overhead clearance for the structure that carries (A) Route 372 over railroad tracks in New Britain, designated state project number 131-156, (B) U. S. Route 1 over railroad tracks in Fairfield, designated state project number 50-6H05, (C) Route 729 over railroad tracks in North Haven, designated state project number 100-149, (D) Grove Street over railroad tracks in Hartford, designated state project number 63-376, (E) Route 1 over railroad tracks in Milford, designated state project number 173-117, (F) Ingham Hill Road over railroad tracks in Old Saybrook, designated state project number 105-164, (G) Ellis Street over railroad tracks in New Britain, designated state project number 88-114, (H) Route 100 over the railroad tracks in East Haven, bridge number 01294, and (I) Church Street Extension over certain railroad storage tracks located in the New Haven Rail Yard, designated state project number 92-526, shall be eighteen feet; (4) the minimum overhead clearance for those structures carrying (A) Fair Street, bridge number 03870, (B) Crown Street, bridge number 03871, and (C) Chapel Street, bridge number 03872, over railroad tracks in New Haven shall be seventeen feet, six inches; (5) the minimum overhead clearance for the structure carrying State Street railroad station pedestrian bridge over railroad tracks in New Haven shall be nineteen feet, ten inches; (6) the overhead clearance for the structure carrying Woodland Street over the Griffins Industrial Line in Hartford, designated state project number 63-501, shall be fifteen feet, nine inches, with new foundations placed at depths which may accommodate an overhead clearance to a maximum of seventeen feet, eight inches; (7) the Department of Transportation may replace the Hales Road Highway Bridge over railroad tracks in Westport, Bridge Number 03852, with a new bridge that provides a minimum overhead clearance over the railroad tracks that shall be eighteen feet, five inches; [and] (8) the Department of Transportation may replace the Pearl Street Highway Bridge over railroad tracks in Middletown, Bridge Number 04032, with a new bridge that provides a minimum overhead clearance over the railroad tracks that shall be seventeen feet, eleven inches; and (9) the Department of Transportation may construct a new bridge that provides a minimum overhead clearance of twenty-two feet, two inches for the structure carrying Metro Center Access Road over the Metro-North Railroad in Fairfield.

Sec. 7. Section 15-15e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) [On and after October 1, 1997, no] An owner or operator of a vessel [may transport or offer to transport] used to transport a pilot licensed under the provisions of section 15-13 for the purpose of embarking or disembarking another vessel in open and unprotected waters [unless such owner or operator has obtained] shall obtain a certificate of [compliance from the Commissioner of Transportation. On and after October 1, 1997, the Commissioner of Transportation shall issue a certificate of compliance to each owner or operator of a vessel used to transport a licensed pilot for the purpose of embarking or disembarking another vessel in open and unprotected waters who complies with the requirements specified in regulations which shall be adopted by the commissioner in accordance with the provisions of chapter 54. The regulations shall specify (1) standards and procedures for the issuance and renewal of such certificate; (2) grounds for the suspension of such certificate; (3) requirements relative to the inspection of such vessels, including the designation and qualifications of inspectors of such vessels and the maintenance and inspection of logs in each such vessel; (4) the procedures for embarkation and disembarkation of pilots; and (5)] insurance from an insurance carrier based on a survey conducted and documented by a qualified marine surveyor. Marine surveyors shall be guided by applicable United States Coast Guard regulations, if any, and standards set by insurance companies for the insurability of such vessel. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, that specify (1) the procedures for embarkation and disembarkation of pilots, and (2) the operation of and equipment required on each such vessel. Such regulations may establish standard rates for the use of each such vessel for such purpose. For the purposes of this subsection, "open and unprotected waters" means waters located east of the area depicted on the National Oceanic and Atmospheric Administration charts of the eastern portion of Long Island Sound as "The Race".

(b) Any person who [violates any provision of] fails to comply with subsection (a) of this section or any regulation adopted thereunder shall be fined not less than [sixty] five hundred dollars nor more than [two hundred fifty dollars for each such violation] one thousand dollars.

Sec. 8. Subdivision (40) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(40) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway, [or] place or dedicated roadway for bus rapid transit service, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use;

Sec. 9. (NEW) (Effective from passage) (a) No person shall access or travel upon any highway that is a dedicated roadway for bus rapid transit service except as an operator or passenger in (1) a motor vehicle authorized by the state to provide public transit service on such highway, (2) an authorized emergency vehicle responding to an emergency call, (3) a vehicle operated by the Department of Transportation or any contractor of the department authorized by the state to perform maintenance on such highway, or (4) any motor vehicle specifically authorized in writing by the Commissioner of Transportation to access or travel upon such highway.

(b) Any violation of this section shall be an infraction.

Sec. 10. Section 14-296aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) For purposes of this section, the following terms have the following meanings:

(1) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service.

(2) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate proximity of, the user's ear.

(3) "Hand-held mobile telephone" means a mobile telephone with which a user engages in a call using at least one hand.

(4) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

(5) "Hands-free mobile telephone" means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.

(6) "Engage in a call" means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone.

(7) "Immediate proximity" means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator's ear.

(8) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital photographs are taken or transmitted, or any combination thereof, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle.

(9) "Operating a motor vehicle" means operating a motor vehicle on any highway, as defined in section 14-1, as amended by this act, including being temporarily stationary due to traffic, road conditions or a traffic control sign or signal, but not including being parked on the side or shoulder of any highway where such vehicle is safely able to remain stationary.

(b) (1) Except as otherwise provided in this subsection and subsections (c) and (d) of this section, no person shall operate a motor vehicle upon a highway, as defined in section 14-1, as amended by this act, while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device. [while such vehicle is in motion. ] An operator of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while [such vehicle is in motion] operating a motor vehicle shall be in violation of this section, except that if such operator is driving a commercial motor vehicle, as defined in section 14-1, as amended by this act, such operator shall be charged with a violation of subsection (e) of this section.

(2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while [such vehicle is in motion] operating a motor vehicle is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call.

(3) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law.

(4) Subdivision (1) of this subsection shall not apply to: (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or (B) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, as defined in subdivision (9) of section 53a-3, a firefighter or an operator of an ambulance or authorized emergency vehicle, as defined in section 14-1, as amended by this act, or a member of the armed forces of the United States, as defined in section 27-103, while operating a military vehicle, or (C) the use of a hand-held radio by a person with an amateur radio station license issued by the Federal Communications Commission in emergency situations for emergency purposes only, or (D) the use of a hands-free mobile telephone.

(c) No person shall use a hand-held mobile telephone or other electronic device, including those with hands-free accessories, or a mobile electronic device while operating a [moving] school bus that is carrying passengers, except that this subsection shall not apply to (1) a school bus driver who places an emergency call to school officials, or (2) the use of a hand-held mobile telephone as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section.

(d) No person under eighteen years of age shall use any hand-held mobile telephone, including one with a hands-free accessory, or a mobile electronic device while operating a [moving] motor vehicle on a public highway, except as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section.

(e) No person shall type, read or send text or a text message with or from a mobile telephone or mobile electronic device while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act, except for the purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital; physician's office or health clinic; an ambulance company; a fire department or a police department.

(f) Except as provided in subsections (b) to (e), inclusive, of this section, no person shall engage in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such vehicle on any highway, as defined in section 14-1, as amended by this act.

(g) Any law enforcement officer who issues a summons for a violation of this section shall record on such summons the specific nature of any distracted driving behavior observed by such officer.

(h) Any person who violates this section shall be fined one hundred twenty-five dollars for a first violation, two hundred fifty dollars for a second violation and four hundred dollars for a third or subsequent violation.

(i) An operator of a motor vehicle who commits a moving violation, as defined in subsection (a) of section 14-111g, while engaged in any activity prohibited by this section shall be fined in accordance with subsection (h) of this section, in addition to any penalty or fine imposed for the moving violation.

(j) The state shall remit to a municipality twenty-five per cent of the fine amount received for a violation of this section with respect to each summons issued by such municipality. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.

Sec. 11. Section 21-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The fee for an application for a permit to erect or maintain any outdoor advertising structure, device or display shall be as follows: For each panel, bulletin, or sign containing less than three hundred square feet of advertising space, [fifty] one hundred dollars; and for each panel, bulletin or sign containing three hundred square feet or more of advertising space, [one] two hundred dollars.

(b) The annual fee for such permit shall be as follows: For each panel, bulletin or sign containing three hundred square feet or less of advertising space, [twenty] forty dollars; for each panel, bulletin or sign containing more than three hundred and not more than six hundred square feet of advertising space, [forty] eighty dollars; and for each panel, bulletin or sign containing more than six hundred square feet and not more than nine hundred square feet of advertising space, [sixty] one hundred twenty dollars. No sign shall be erected which contains more than nine hundred square feet of advertising space. A fee shall be paid for each side of each panel, bulletin or sign used for advertising, provided, if two panels, bulletins or signs advertising the same products or services are attached to the same support or supports, only one annual permit fee shall be paid for each side thereof and the total advertising space on each side thereof shall be used for computing the annual permit fee of each panel, bulletin or sign. The annual permit fee for any part of a year shall bear the same proportion to the annual permit fee for an entire year that the number of months in such part bears to the entire year. If any such permit is transferred, the transferee shall be assessed a fee of one hundred dollars.

Sec. 12. (NEW) (Effective January 1, 2014) (a) As used in this section, "political advertising" means any advertising for the purpose of influencing public opinion with respect to any legislative, administrative or electoral decision or with respect to any controversial issue of public importance.

(b) No transit district or parking authority that allows the placement of any advertising, whether placed directly by such transit district or parking authority or by any third party or independent contractor, on or within its facilities, including, but not limited to, advertising on or within any vehicle, or on any bus shelter operated by such transit district, parking authority, third party or independent contractor, shall prohibit the placement of political advertising on or within such facilities.

Sec. 13. Subsection (f) of section 13a-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(f) Notwithstanding the provisions of subsections (a) and (e) of this section, signage that may be changed at intervals by electronic or mechanical process or by remote control shall be permitted within six hundred sixty feet of the edge of the right-of-way of any interstate, federal-aid primary or other limited access state highway, except as prohibited by state statute, local ordinance or zoning regulation, provided such signage (1) has a static display lasting no less than [six] eight seconds, (2) achieves a message change with all moving parts or illumination moving or changing simultaneously over a period of three seconds or less, and (3) does not display any illumination that moves, appears to move or changes in intensity during the static display period.

Sec. 14. Subsection (a) of section 13a-95b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Commissioner of Transportation may, as an alternative to using a design-bid-build contract, [pursuant to this chapter,] designate specific projects to be completed using a (1) construction-manager-at-risk contract with a guaranteed maximum price, or (2) design-build contract.

Sec. 15. Section 29-252a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The State Building Code, including any amendment to said code adopted by the State Building Inspector and Codes and Standards Committee, shall be the building code for all state agencies and the Connecticut Airport Authority.

(b) (1) No state or Connecticut Airport Authority building or structure or addition to a state or Connecticut Airport Authority building or structure: (A) That exceeds the threshold limits contained in section 29-276b and requires an independent structural review under said section, or (B) that includes residential occupancies for twenty-five or more persons, shall be constructed until an application has been filed by (i) the commissioner of an agency authorized to contract for the construction of buildings under the provisions of section 4b-1 or 4b-51, or (ii) the executive director of the Connecticut Airport Authority, with the State Building Inspector and a building permit is issued by the State Building Inspector. Two copies of the plans and specifications for the building, structure or addition to be constructed shall accompany the application. The commissioner of any such agency or the executive director of the Connecticut Airport Authority shall certify that such plans and specifications are in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the Fire Safety Code. The State Building Inspector shall review the plans and specifications for the building, structure or addition to be constructed to verify their compliance with the requirements of the State Building Code and, not later than thirty days after the date of application, shall issue or refuse to issue the building permit, in whole or in part. The State Building Inspector may request that the State Fire Marshal review such plans to verify their compliance with the Fire Safety Code.

(2) On and after July 1, 1999, the State Building Inspector shall assess an education fee on each building permit application. During the fiscal year commencing July 1, 1999, the amount of such fee shall be sixteen cents per one thousand dollars of construction value as declared on the building permit application, and the State Building Inspector shall remit such fees, quarterly, to the Department of Construction Services, for deposit in the General Fund. Upon deposit in the General Fund, the amount of such fees shall be credited to the appropriation to the Department of Construction Services and shall be used for the code training and educational programs established pursuant to section 29-251c. On and after July 1, 2000, the assessment shall be made in accordance with regulations adopted pursuant to subsection (d) of section 29-251c.

(c) All state agencies authorized to contract for the construction of any buildings or the alteration of any existing buildings under the provisions of section 4b-1 or 4b-51 or, for any such Connecticut Airport Authority building, the Connecticut Airport Authority, shall be responsible for substantial compliance with the provisions of the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be. Such agencies and the Connecticut Airport Authority shall apply to the State Building Inspector for a certificate of occupancy for all buildings or alterations of existing buildings for which a building permit is required under subsection (b) of this section and shall certify compliance with the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be, to the State Building Inspector prior to occupancy or use of the facility.

(d) (1) No state or Connecticut Airport Authority building or structure erected or altered on and after July 1, 1989, for which a building permit has been issued pursuant to subsection (b) of this section, shall be occupied or used in whole or in part, until a certificate of occupancy has been issued by the State Building Inspector, certifying that such building or structure substantially conforms to the provisions of the State Building Code and the regulations lawfully adopted under said code and the State Fire Marshal has verified substantial compliance with the Fire Safety Code and the regulations lawfully adopted under said code for such building or alteration to such building, as the case may be.

(2) No state or Connecticut Airport Authority building or structure erected or altered on and after July 1, 1989, for which a building permit has not been issued pursuant to subsection (b) of this section shall be occupied or used in whole or in part, until the commissioner of the agency erecting or altering the building or structure or, for any Connecticut Airport Authority building or structure, the executive director of the Connecticut Airport Authority, certifies to the State Building Inspector that the building or structure substantially complies with the provisions of the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be.

(e) The State Building Inspector or said inspector's designee may inspect or cause to be inspected any construction of buildings or alteration of existing buildings by state agencies or the Connecticut Airport Authority, except that said inspector or designee shall inspect or cause an inspection if the building being constructed includes residential occupancies for twenty-five or more persons. The State Building Inspector may order any state agency or the Connecticut Airport Authority to comply with the State Building Code. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to the State Building Code to The University of Connecticut, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff.

(f) The joint standing committee of the General Assembly having cognizance of matters relating to the Department of Construction Services may annually review the implementation date in subsection (b) of this section to determine the need, if any, for revision.

(g) Any person aggrieved by any refusal to issue a building permit or certificate of occupancy under the provisions of this section or by an order to comply with the State Building Code or the Fire Safety Code may appeal, de novo, to the Codes and Standards Committee not later than seven days after the issuance of any such refusal or order.

(h) State agencies and the Connecticut Airport Authority shall be exempt from the permit requirements of section 29-263 and the certificate of occupancy requirement under section 29-265.

Sec. 16. Subsection (a) of section 16a-27 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The secretary, after consultation with all appropriate state, regional and local agencies and other appropriate persons, shall, prior to March 1, 2012, complete a revision of the existing plan and enlarge it to include, but not be limited to, policies relating to transportation, energy and air. [Any revision made after May 15, 1991, shall identify the major transportation proposals, including proposals for mass transit, contained in the master transportation plan prepared pursuant to section 13b-15. ] Any revision made after July 1, 1995, shall take into consideration the conservation and development of greenways that have been designated by municipalities and shall recommend that state agencies coordinate their efforts to support the development of a state-wide greenways system. The Commissioner of Energy and Environmental Protection shall identify state-owned land for inclusion in the plan as potential components of a state greenways system.

Sec. 17. Subdivision (10) of section 25-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(10) "Major state plan" means [the master transportation plan adopted pursuant to section 13b-15,] the plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the plan for the disposal of dredged material for Long Island Sound, the historic preservation plan adopted under the National Historic Preservation Act, as amended, the state-wide facility and capital plan adopted pursuant to section 4b-23, the water quality management plan adopted under the federal Clean Water Act, the marine resources management plan, the plan for managing forest resources, the wildlife management plans and the salmon restoration plan;

Sec. 18. Subsection (e) of section 25-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(e) After adoption pursuant to subsection (d) of this section of an inventory, statement of objectives and map, the river committee shall prepare a report on all federal, state and municipal laws, plans, programs and proposed activities which may affect the river corridor defined in such map. Such laws shall include regulations adopted pursuant to chapter 440 and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such plans shall include plans of conservation and development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans adopted pursuant to section 25-32d, coordinated water system plans adopted pursuant to section 25-33h, municipal open space plans, the commissioner's fish and wildlife plans, [the master transportation plan adopted pursuant to section 13b-15,] plans prepared by regional planning agencies pursuant to section 8-31a, and publicly-owned wastewater treatment facility plans. State and regional agencies shall, within available resources, assist the river committee in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river committee's objectives for river corridor protection and preservation as reflected in the statement of objectives. If conflicts are identified, the river committee shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources, attempt with the river commission to resolve such conflicts.

Sec. 19. Subdivision (4) of section 25-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(4) "Major state plan" means any of the following: The [master transportation plan adopted pursuant to section 13b-15, the] plan for development of outdoor recreation adopted pursuant to section 22a-21, the solid waste management plan adopted pursuant to section 22a-211, the state-wide plan for the management of water resources adopted pursuant to section 22a-352, the state-wide environmental plan adopted pursuant to section 22a-8, the historic preservation plan adopted under the National Historic Preservation Act, 16 USC 470 et seq. , the state-wide facility and capital plan adopted pursuant to section 4b-23, the state's consolidated plan for housing and community development prepared pursuant to section 8-37t, the water quality management plan adopted under the federal Clean Water Act, 33 USC 1251 et seq. , any plans for managing forest resources adopted pursuant to section 23-20 and the Connecticut River Atlantic Salmon Compact adopted pursuant to section 26-302;

Sec. 20. Subsection (e) of section 25-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(e) After adoption of an inventory, statement of objectives and map, pursuant to subsection (d) of this section, the river commission shall prepare a report on all federal, state, regional and municipal laws, plans, programs and proposed activities that may affect the river corridor defined in such map. Such federal, state, regional and municipal laws shall include regulations adopted pursuant to chapter 440, and zoning, subdivision and site plan regulations adopted pursuant to section 8-3. Such federal, state, regional and municipal plans shall include plans of development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans submitted pursuant to section 25-32d, coordinated water system plans submitted pursuant to section 25-33h, [the master transportation plan adopted pursuant to section 13b-15,] plans prepared by regional planning organizations, as defined in section 4-124i, and plans of publicly owned wastewater treatment facilities whose discharges may affect the subject river corridor. State and regional agencies shall, within available resources, assist the river commission in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state, regional and municipal laws, plans, programs and proposed activities and the river commission's objectives for river corridor management as reflected in the statement of objectives. If conflicts are identified, the river commission shall notify the applicable state, regional or municipal agencies and such agencies shall, within available resources and in consultation with the river commission, attempt to resolve such conflicts.

Sec. 21. Subsection (a) of section 1-2b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) For purposes of sections 1-100oo, 1-206, 2-71r, 4-176, 4-180, 4-183, 4a-52a, 4a-60q, 4a-63, 4a-100, 4e-34, 4e-35, 7-65, 7-148w, 7-247a, 7-473c, 7-478e, 8-3b, 8-3i, 8-7d, 8-26b, 8-169r, 8-293, 9-388, 9-608, 9-623, 10a-22c, 10a-22i, 10a-34a, 10a-109n, 12-35, 12-157, 12-242ii, 12-242jj, 13a-80, as amended by this act, [13a-85c,] 13a-123, as amended by this act, 15-11a, 16-41, 16-50c, 16-50d, 17a-103b, 19a-87, 19a-87c, 19a-209c, 19a-332e, 19a-343a, 19a-486a, 19a-486c, 19a-486d, 19a-497, 19a-507b, 20-205a, 20-325a, 21-63, 21-80, 22-7, 22a-6b, 22a-6u, 22a-30, 22a-42d, 22a-42f, 22a-66d, 22a-137, 22a-178, 22a-225, 22a-228, 22a-250, 22a-285b, 22a-354p, 22a-354s, 22a-354t, 22a-361, 22a-371, 22a-401, 22a-403, 22a-433, 22a-436, 22a-449f, 22a-449l, 22a-449n, 22a-504, 22a-626, 23-46, 23-65j, 23-651, 23-65p, 25-32, 25-32e, 25-331, 25-34, 25-204, as amended by this act, 25-234, as amended by this act, 29-108d, 31-57c, 31-57d, 31-355, 32-613, 33-663, 33-929, 33-1053, 33-1219, 34-521, 35-42, 36a-50, 36a-51, 36a-52, 36a-53, 36a-82, 36a-184, 36a-493, 36b-62, 36b-72, 38-323a, 38a-344, 38a-676, 38a-724, 38a-788, 42-158j, 42-161, 42-181, 42-182, 42-186, 42-271, 45a-716, 46b-115w, 46b-128, 47-42d, 47-74f, 47-88b, 47-236, 47-284, 47a-11b, 47a-11d, 47a-13a, 47a-14h, 47a-56b, 49-2, 49-4a, 49-8, 49-8a, 49-10b, 49-31b, 49-51, 49-70, 51-90e, 52-57, 52-59b, 52-63, 52-64, 52-195c, 52-350e, 52-351b, 52-361a, 52-362, 52-565a, 52-605, 52-606, 53-401, 53a-128, 53a-128d, 53a-207 and 54-82c and chapter 965, any reference to certified mail, return receipt requested, shall include mail, electronic, and digital methods of receiving the return receipt, including all methods of receiving the return receipt identified by the Mailing Standards of the United States Postal Service in Chapter 500 of the Domestic Mail Manual or any subsequent corresponding document of the United States Postal Service.

Sec. 22. Subsection (e) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(e) (1) No motor vehicle operator's license shall be issued until (A) the applicant signs and files with the commissioner an application under oath, or made subject to penalties for false statement in accordance with section 53a-157b, and (B) the commissioner is satisfied that the applicant is sixteen years of age or older and is a suitable person to receive the license. (2) An applicant for a new motor vehicle operator's license shall, in the discretion of the commissioner, file, with the application, a copy of such applicant's birth certificate or other prima facie evidence of date of birth and evidence of identity. (3) Before granting a license to any applicant who has not previously held a Connecticut motor vehicle operator's license, or who has not operated a motor vehicle during the preceding two years, the commissioner shall require the applicant to demonstrate personally to the commissioner, a deputy or a motor vehicle inspector or an agent of the commissioner, in such manner as the commissioner directs, that the applicant is a proper person to operate motor vehicles of the class for which such applicant has applied, has sufficient knowledge of the mechanism of the motor vehicles to ensure their safe operation by him or her and has satisfactory knowledge of the laws concerning motor vehicles and the rules of the road. The knowledge test of an applicant for a class D motor vehicle operator's license may be administered in such form as the commissioner deems appropriate, including audio, electronic or written testing. Such knowledge test shall be administered in English, Spanish or any language spoken at home by at least one per cent of the state's population, according to statistics prepared by the United States Census Bureau, based on the most recent decennial census. Each such knowledge test shall include not less than one question concerning distracted driving, the use of mobile telephones and electronic devices by motor vehicle operators or the responsibilities of motor vehicle operators under section 14-296aa, as amended by this act. If any such applicant has held a license from a state, territory or possession of the United States where a similar examination is required, or if any such applicant is a person honorably separated from the United States armed forces who applies within two years following the separation and who, prior to the separation, held a military operator's license for motor vehicles of the same class as that for which such applicant has applied, the commissioner may waive part or all of the examination. When the commissioner is satisfied as to the ability and competency of any applicant, the commissioner may issue to such applicant a license, either unlimited or containing such limitations as the commissioner deems advisable, and specifying the class of motor vehicles which the licensee is eligible to operate. (4) If any applicant or operator license holder has any health problem which might affect such person's ability to operate a motor vehicle safely, the commissioner may require the applicant or license holder to demonstrate personally or otherwise establish that, notwithstanding such problem, such applicant or license holder is a proper person to operate a motor vehicle, and the commissioner may further require a certificate of such applicant's condition, signed by a medical authority designated by the commissioner, which certificate shall in all cases be treated as confidential by the commissioner. A license, containing such limitation as the commissioner deems advisable, may be issued or renewed in any case, but nothing in this section shall be construed to prevent the commissioner from refusing a license, either limited or unlimited, to any person or suspending a license of a person whom the commissioner determines to be incapable of safely operating a motor vehicle. Consistent with budgetary allotments, each motor vehicle operator's license issued to or renewed by a deaf or hearing impaired person shall, upon the request of such person, indicate such impairment. Such person shall submit a certificate stating such impairment, in such form as the commissioner may require and signed by a licensed health care practitioner. (5) The issuance of a motor vehicle operator's license to any applicant who is the holder of a license issued by another state shall be subject to the provisions of sections 14-111c and 14-111k.

Sec. 23. (Effective July 1, 2013) The Commissioner of Transportation shall develop a railroad modernization initiative to improve the state's commuter railroad service and infrastructure. Such initiative shall include, but not be limited to, a plan to (1) electrify all branch lines of the New Haven Line, as defined in section 13b-79o of the general statutes, on or before January 1, 2023, and (2) expand commuter parking at rail stations. On or before February 1, 2015, the commissioner shall submit the details of such initiative, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

Sec. 24. Section 7-273f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Annually the board of directors shall hold a public meeting at which itemized estimates of the expenditures of the district for the ensuing fiscal year shall be presented and at which all persons within the district shall be heard in regard to any appropriation which they are desirous that the board should recommend or reject. The board shall, after such public hearing, [hold an executive session at which it shall] prepare and cause to be published in a newspaper or newspapers having a substantial circulation in such district a report in a form prescribed by the Commissioner of Revenue Services containing: (1) An itemized statement of all actual receipts from all sources of such district during its last fiscal year; (2) an itemized statement of classification of all actual expenditures during the same year; (3) an itemized estimate of anticipated revenues during the ensuing fiscal year from each source; (4) an itemized estimate of expenditures for such ensuing fiscal year; and (5) the amount of revenue surplus or deficit of the district at the beginning of the fiscal year for which estimates are being prepared. Not less than two nor more than four weeks after such publication the board shall [, at an executive session,] make such specific appropriations as appear advisable, but no appropriation for any purpose shall be made exceeding the amount published for that purpose and no appropriation shall be made for any purpose not published. If it becomes necessary during any fiscal year for the board to appropriate additional sums, the provisions of this section governing annual appropriations shall govern so far as they are applicable. The accounts of the district shall be audited in the manner provided by section 7-392.

Sec. 25. Subsection (a) of section 13b-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) On or before September first in the even-numbered year of each biennium, the commissioner shall conduct and complete an assessment of the several modes of transportation in the state, in which the commissioner shall evaluate the adequacy of the facilities and services connected with each such mode and shall determine the needs of the state transportation system. The commissioner shall consider the plans and recommendations prepared by the various boards, councils and commissions that have statutory responsibilities pertaining to the various modes of transportation in Connecticut. The commissioner shall also consider reports, studies, findings and recommendations presented in reports, plans, surveys, and studies relating to transportation prepared for or by any state agency or for or by the state's regional planning organizations. [The assessment shall be used in the biennial revision of the department's comprehensive master transportation plan. ]

Sec. 26. Subsection (a) of section 13b-26 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The commissioner shall make such alterations in the state highway system as he may from time to time deem necessary and desirable to fulfill the purposes of this chapter and title 13a. In making any such alteration he shall consider the best interest of the state, taking into consideration relevant factors including the following: Traffic flow, origin and destination of traffic, integration and circulation of traffic, continuity of routes, alternate available routes and changes in traffic patterns. The relative weight to be given to any factor shall be determined by the commissioner. [All alterations in said highway system shall be consistent with the comprehensive long-range master transportation plan. ] Each biennium the commissioner shall notify all members of the General Assembly of the availability of the plan. A member requesting a plan shall be sent a written copy or electronic storage media of the plan by the commissioner.

Sec. 27. Subsection (a) of section 13b-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The state may, directly or indirectly through the Connecticut Airport Authority, establish, maintain and operate, and may expand, an airport at any location within the state in the following manner. The commissioner shall conduct and complete a study of the adequacy of existing airports, which study may be based upon the study authorized under section 13b-16, as amended by this act, and shall determine the necessity for the establishment of additional airports or the expansion of existing airports. The commissioner shall, within one year of the completion of such study, formulate and adopt a plan of development which shall incorporate the findings of such study, showing the necessity for such establishment or expansion. [, in a manner consistent with the comprehensive long-range master transportation plan. ] The plan of development shall specify the lands or interests in such lands the acquisition of which the commissioner deems necessary for such establishment or expansion and a copy of such plan of development shall be filed in the office of the town clerk of each municipality in which such establishment or expansion is proposed.

Sec. 28. Subsection (a) of section 13b-47 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) In determining whether he shall issue a certificate of approval or license for the use or operation of any proposed commercial use air navigation facility, the commissioner shall take into consideration (1) its proposed location, size and layout, (2) its relationship to [the comprehensive long-range master transportation plan and to any other] any comprehensive plan for state-wide and nation-wide development, (3) the availability of areas suitable for safe future expansion, (4) the freedom of adjoining areas from obstructions based on a proper glide ratio, (5) the nature of the terrain and of the uses to which the proposed airport will be put, and (6) the possibilities for future development.

Sec. 29. (Effective from passage) Bridge number 04324 on Route 175 in Newington shall be designated the "Sergeant Burton E. Callahan Memorial Bridge".

Sec. 30. (Effective from passage) Bridge number 06246 on Route 73 in Watertown overpassing Steele Brook shall be designated the "Pearl Harbor Memorial Bridge".

Sec. 31. (Effective from passage) Bridge number 01500 on Route 185 in Simsbury overpassing the Farmington River shall be designated the "Bataan Corregidor Memorial Bridge".

Sec. 32. (Effective from passage) Bridge number 03603 on Greenwoods Road in Torrington overpassing Route 8 shall be designated the "Jerry Dale Cox III Memorial Bridge".

Sec. 33. (Effective from passage) The Department of Transportation shall (1) replace existing signs on Interstate 95, Route 27 and Route 1 indicating the location of "downtown Mystic" with signs indicating the location of Mystic's "historic downtown and drawbridge", and (2) indicate the location of Mystic's "historic downtown and drawbridge" on any existing signs on Interstate 95, Route 27 and Route 1 indicating the location of other tourist destinations in Mystic.

Sec. 34. (Effective from passage) The portion of Route 3 in Cromwell from the Cromwell-Rocky Hill town line southerly to Evergreen Road shall be designated the "Paul Roger Harrington Memorial Highway".

Sec. 35. (Effective from passage) The portion of Route 118 in Harwinton from the Route 8 underpass easterly to the intersection of Route 4 shall be designated the "Robert and George Oneglia Memorial Highway".

Sec. 36. (Effective from passage) The portion of State Road 639 in New London from the intersection of Jefferson Avenue southerly to the intersection of Bank Street shall be designated "Dr. Martin Luther King, Jr. Memorial Boulevard".

Sec. 37. (Effective from passage) The rest area east of exit 28 on the eastbound portion of Interstate 84 in Southington shall be designated the "Auxiliary Trooper Edward W. Truelove Memorial Rest Area".

Sec. 38. (Effective from passage) Bridge number 00323 on Route 10 in Cheshire overpassing Interstate 691 shall be designated the "Lieutenant Myron Verner Memorial Bridge".

Sec. 39. (Effective from passage) The portion of Route 137 in Stamford from Route 1 to Broad Street shall be designated the "U. S. Navy SEAL Brian R. Bill Memorial Highway".

Sec. 40. (Effective from passage) Bridge number 03612 on State Road 745 in West Haven carrying Kimberly Avenue over the West River shall be designated the "Officer Robert Vincent Fumiatti Memorial Bridge".

Sec. 41. (Effective from passage) Bridge number 05768 on Beckley Road in Berlin overpassing Route 9 shall be designated the "Berlin Lions Club Memorial Bridge".

Sec. 42. (Effective from passage) The portion of Route 68 in Wallingford east of bridge number 01867, overpassing Route 5, easterly to bridge number 03132, overpassing Interstate 91, shall be designated the "Christopher Columbus Memorial Highway".

Sec. 43. (Effective from passage) The portion of Route 151 in East Haddam from the East Haddam-Haddam town line easterly to Route 149 shall be designated the "Private First Class Peter P. Golec Memorial Highway".

Sec. 44. (Effective from passage) Bridge number 00648 on Interstate 84 eastbound in Southington overpassing Route 10 shall be designated the "John A. Dolan Memorial Bridge".

Sec. 45. (Effective from passage) The portion of Route 5 in Enfield from Connecticut Avenue southerly to Manning Road shall be designated the "Tanguay-Magill American Legion Post 80 Memorial Highway".

Sec. 46. (Effective from passage) Bridge number 00036 on Blachley Road in Stamford overpassing Interstate 95 shall be designated the "Leslie A. Padilla Memorial Bridge".

Sec. 47. (Effective from passage) Bridge number 00153 on Quarry Road in Milford overpassing Interstate 95 shall be designated the "John D'Amato Memorial Bridge".

Sec. 48. (Effective from passage) The portion of Route 160 in Rocky Hill from the Rocky Hill-Berlin town line easterly to the intersection of Route 3 shall be designated the "Rocky Hill Fire Department Memorial Highway".

Sec. 49. (Effective from passage) The portion of Route 175 in Wethersfield from the Wethersfield-Newington town line easterly to the intersection of Route 99 shall be designated the "Wethersfield Fire Department Memorial Highway".

Sec. 50. (Effective from passage) The Department of Transportation shall place signs near the location of the Stewart B. McKinney National Wildlife Refuge in accordance with the department's Destination Guide Sign Program.

Sec. 51. (Effective from passage) The Department of Transportation shall increase signage on Interstate 95, Interstate 395 and Route 32 indicating the location of ferry service to Long Island.

Sec. 52. (NEW) (Effective July 1, 2013) The Department of Transportation shall investigate and identify methods to improve notification of height restrictions on the Merritt Parkway.

Sec. 53. (Effective from passage) The portion of Route 3 in Wethersfield from the Wethersfield-Rocky Hill town line northerly to the intersection of Route 99 shall be designated the "Daniel R. DiNardi Memorial Highway".

Sec. 54. (Effective from passage) The Department of Transportation shall place signs on the exit 41 off ramps of Interstate 84 eastbound and westbound in West Hartford indicating the location of the Noah Webster House Museum.

Sec. 55. Subsection (f) of section 31-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(f) Each employer subject to the provisions of this section or section 31-54 shall (1) keep, maintain and preserve such records relating to the wages and hours worked by each person performing the work of any mechanic, laborer and worker and a schedule of the occupation or work classification at which each person performing the work of any mechanic, laborer or worker on the project is employed during each work day and week in such manner and form as the Labor Commissioner establishes to assure the proper payments due to such persons or employee welfare funds under this section or section 31-54, regardless of any contractual relationship alleged to exist between the contractor and such person, and (2) submit monthly to the contracting agency by mail, [first class postage prepaid] or other method accepted by such agency, a certified payroll that shall consist of a complete copy of such records accompanied by [a] an original statement signed by the employer that indicates (A) such records are correct; (B) the rate of wages paid to each person performing the work of any mechanic, laborer or worker and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of this section, are not less than the prevailing rate of wages and the amount of payment or contributions paid or payable on behalf of each such person to any employee welfare fund, as determined by the Labor Commissioner pursuant to subsection (d) of this section, and not less than those required by the contract to be paid; (C) the employer has complied with the provisions of this section and section 31-54; (D) each such person is covered by a workers' compensation insurance policy for the duration of such person's employment, which shall be demonstrated by submitting to the contracting agency the name of the workers' compensation insurance carrier covering each such person, the effective and expiration dates of each policy and each policy number; (E) the employer does not receive kickbacks, as defined in 41 USC 52, from any employee or employee welfare fund; and (F) pursuant to the provisions of section 53a-157a, the employer is aware that filing a certified payroll which the employer knows to be false is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both. This subsection shall not be construed to prohibit a general contractor from relying on the certification of a lower tier subcontractor, provided the general contractor shall not be exempted from the provisions of section 53a-157a if the general contractor knowingly relies upon a subcontractor's false certification. Notwithstanding the provisions of section 1-210, the certified payroll shall be considered a public record and every person shall have the right to inspect and copy such records in accordance with the provisions of section 1-212. The provisions of subsections (a) and (b) of section 31-59 and sections 31-66 and 31-69 that are not inconsistent with the provisions of this section or section 31-54 apply to this section. Failing to file a certified payroll pursuant to subdivision (2) of this subsection is a class D felony for which the employer may be fined up to five thousand dollars, imprisoned for up to five years, or both.

Sec. 56. Subsection (a) of section 13a-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) (1) The erection of outdoor advertising structures, signs, displays or devices within six hundred sixty feet of the edge of the right-of-way, the advertising message of which is visible from the main traveled way of any portion of the National System of Interstate and Defense Highways, hereinafter referred to as interstate highways, the primary system of federal-aid highways or other limited access state highways, is prohibited except as otherwise provided in or pursuant to this section, and except that those outdoor advertising signs, displays and devices which are more than six hundred sixty feet off the nearest edge of the right-of-way, located outside of urban areas, visible from the main traveled way of the system and erected with the purpose of their message being read from such main traveled way are prohibited.

(2) The erection of advertising signs, displays or devices on real property owned or in the custody or control of the state, except such signs, displays or devices described in subdivision (6) of subsection (e) of this section, is prohibited. Nothing in this subsection shall restrict the right of the Commissioner of Transportation to issue permits for the maintenance of existing advertising signs, displays or devices, to renew existing permits or to issue new permits for the replacement of existing advertising signs, displays or devices on real property owned or in the custody or control of the state.

(3) Nothing in this subsection shall prohibit the erection or maintenance of advertising signs, displays or devices upon or within personal property, including, but not limited to, vehicular property owned or in the custody or control of the state.

Sec. 57. Subsection (e) of section 13a-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(e) The following types of signs, displays and devices may, with the approval of and subject to regulations adopted by the commissioner, be permitted within the six-hundred-sixty-foot area of interstate, primary and other limited access state highways, except as prohibited by state statute, local ordinance or zoning regulation: (1) Directional and other official signs or notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders and scenic and historical attractions which are required or authorized by law; (2) signs, displays and devices advertising the sale or lease of the property upon which they are located; (3) signs, displays and devices advertising activities conducted on the property on which they are located; (4) directional and other official signs or notices pertaining to facilities in this state where Connecticut-made beer is manufactured or sold, including, but not limited to, signs or notices containing the words "Connecticut Brewery Trail"; [and] (5) signs, displays or advertising devices which are in place for sixty days or less; and (6) advertising signs, displays or devices (A) located or erected on real property or abutting real property within areas owned, leased or managed by a public authority for the purpose of (i) railway or rail infrastructure facilities, including, but not limited to, associated structures located within areas zoned solely or predominantly for the development of a railway or rail infrastructure facilities, (ii) bus rapid transit corridors, including, but not limited to, the Hartford-New Britain busway project authorized in section 13b-15a, and any shelter, structure or other facility associated with the operation of such bus rapid transit corridor, (iii) airport development zones designated in section 32-75d, or (iv) any other similar transit or freight purpose, or (B) upon or within buildings, structures or other venues in the custody or control of the state and designed, operated or intended to be operated for the purpose of presenting athletic, artistic, musical or other entertainment events. Subject to regulations adopted by the commissioner and except as prohibited by state statute, local ordinance or zoning regulation signs, displays and devices may be erected and maintained within six hundred sixty feet of primary and other limited access state highways in areas which are zoned for industrial or commercial use under authority of law or located in unzoned commercial or industrial areas which areas shall be determined from actual land uses and defined by regulations of the commissioner. The regulations of the commissioner in regard to size, spacing and lighting shall apply to any segments of the interstate system which traverse commercial or industrial zones wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control, or which traverse other areas where the land use, as of September 21, 1959, was clearly established under state law as industrial or commercial.

Sec. 58. (NEW) (Effective July 1, 2013, and applicable to assessment years commencing on and after October 1, 2012) The exercise of the powers granted by sections 15-120aa to 15-120qq, inclusive, of the general statutes shall constitute the performance of an essential governmental function and the Connecticut Airport Authority shall not be required to pay any amount representing taxes or assessments levied by any municipality or political subdivision or special district having taxing powers of the state, or state taxes of any kind, except as provided in section 59 of this act.

Sec. 59. (NEW) (Effective July 1, 2013 and applicable to assessment years commencing on and after October 1, 2012) (a) For assessment years commencing on and after October 1, 2012, the Connecticut Airport Authority shall pay amounts representing property tax on the authority's property in accordance with chapters 201, 203 and 204 of the general statutes in the amounts and to the municipalities as follows:

 

(1) Windsor Locks

$3,319,685. 85

 

(2) Suffield

$693,909. 43

 

(3) East Granby

$657,991. 08

 

(4) Windsor

$6,925. 43

(b) Notwithstanding any provision of the general statutes or any special act, any real property improvements completed at Bradley International Airport on or after October 1, 2012, shall be deemed to be included in the annual tax payment prescribed in subsection (a) of this section.

(c) Notwithstanding subsection (a) of this section, for the fiscal year ending June 30, 2014, the towns of Windsor Locks, Suffield, East Granby and Windsor shall receive payment for property located at Bradley International Airport equal to the amount received for such property in the fiscal year ending June 30, 2013.

Sec. 60. Section 12-19a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to assessment years commencing on and after October 1, 2012):

(a) On or before January first, annually, the Secretary of the Office of Policy and Management shall determine the amount due, as a state grant in lieu of taxes, to each town in this state wherein state-owned real property, reservation land held in trust by the state for an Indian tribe or a municipally owned airport, except that which was acquired and used for highways and bridges, but not excepting property acquired and used for highway administration or maintenance purposes, is located. The grant payable to any town under the provisions of this section in the state fiscal year commencing July 1, 1999, and each fiscal year thereafter, shall be equal to the total of (1) (A) one hundred per cent of the property taxes which would have been paid with respect to any facility designated by the Commissioner of Correction, on or before August first of each year, to be a correctional facility administered under the auspices of the Department of Correction or a juvenile detention center under direction of the Department of Children and Families that was used for incarcerative purposes during the preceding fiscal year. If a list containing the name and location of such designated facilities and information concerning their use for purposes of incarceration during the preceding fiscal year is not available from the Secretary of the State on the first day of August of any year, said commissioner shall, on said first day of August, certify to the Secretary of the Office of Policy and Management a list containing such information, (B) one hundred per cent of the property taxes which would have been paid with respect to that portion of the John Dempsey Hospital located at The University of Connecticut Health Center in Farmington that is used as a permanent medical ward for prisoners under the custody of the Department of Correction. Nothing in this section shall be construed as designating any portion of The University of Connecticut Health Center John Dempsey Hospital as a correctional facility, and (C) in the state fiscal year commencing July 1, 2001, and each fiscal year thereafter, one hundred per cent of the property taxes which would have been paid on any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation on or after June 8, 1999, (2) subject to the provisions of subsection (c) of this section, sixty-five per cent of the property taxes which would have been paid with respect to the buildings and grounds comprising Connecticut Valley Hospital in Middletown. Such grant shall commence with the fiscal year beginning July 1, 2000, and continuing each year thereafter, (3) notwithstanding the provisions of subsections (b) and (c) of this section, with respect to any town in which more than fifty per cent of the property is state-owned real property, one hundred per cent of the property taxes which would have been paid with respect to such state-owned property. Such grant shall commence with the fiscal year beginning July 1, 1997, and continuing each year thereafter, (4) subject to the provisions of subsection (c) of this section, forty-five per cent of the property taxes which would have been paid with respect to all other state-owned real property, (5) forty-five per cent of the property taxes which would have been paid with respect to all municipally owned airports; except for the exemption applicable to such property, on the assessment list in such town for the assessment date two years prior to the commencement of the state fiscal year in which such grant is payable. The grant provided pursuant to this section for any municipally owned airport shall be paid to any municipality in which the airport is located, except that the grant applicable to Sikorsky Airport shall be paid half to the town of Stratford and half to the city of Bridgeport, and (6) forty-five per cent of the property taxes which would have been paid with respect to any land designated within the 1983 Settlement boundary and taken into trust by the federal government for the Mashantucket Pequot Tribal Nation prior to June 8, 1999, or taken into trust by the federal government for the Mohegan Tribe of Indians of Connecticut, provided (A) the real property subject to this subdivision shall be the land only, and shall not include the assessed value of any structures, buildings or other improvements on such land, and (B) said forty-five per cent grant shall be phased in as follows: (i) In the fiscal year commencing July 1, 2012, an amount equal to ten per cent of said forty-five per cent grant, (ii) in the fiscal year commencing July 1, 2013, thirty-five per cent of said forty-five per cent grant, (iii) in the fiscal year commencing July 1, 2014, sixty per cent of said forty-five per cent grant, (iv) in the fiscal year commencing July 1, 2015, eighty-five per cent of said forty-five per cent grant, and (v) in the fiscal year commencing July 1, 2016, one hundred per cent of said forty-five per cent grant.

(b) For the fiscal year ending June 30, 2000, and in each fiscal year thereafter, the amount of the grant payable to each municipality in accordance with this section shall be reduced proportionately in the event that the total of such grants in such year exceeds the amount appropriated for the purposes of this section with respect to such year except that, for the fiscal years commencing July 1, 2012, July 1, 2013, July 1, 2014, and July 1, 2015, the amount of the grant payable in accordance with subdivision (6) of subsection (a) of this section shall not be reduced.

(c) As used in this section "total tax levied" means the total real property tax levy in such town for the fiscal year preceding the fiscal year in which a grant in lieu of taxes under this section is made, reduced by the Secretary of the Office of Policy and Management in an amount equal to all reimbursements certified as payable to such town by the secretary for real property exemptions and credits on the taxable grand list or rate bill of such town for the assessment year that corresponds to that for which the assessed valuation of the state-owned land and buildings has been provided. For purposes of this section and section 12-19b, any real property which is owned by the John Dempsey Hospital Finance Corporation established pursuant to the provisions of sections 10a-250 to 10a-263, inclusive, or by one or more subsidiary corporations established pursuant to subdivision (13) of section 10a-254 and which is free from taxation pursuant to the provisions of subdivision (13) of section 10a-259 shall be deemed to be state-owned real property. As used in this section and section 12-19b, "town" includes borough.

(d) In the fiscal year ending June 30, 1991, and in each fiscal year thereafter, the portion of the grant payable to any town as determined in accordance with subdivisions (2) and (4) of subsection (a) of this section, shall not be greater than the following percentage of total tax levied by such town on real property in the preceding calendar year as follows: (1) In the fiscal year ending June 30, 1991, ten per cent, (2) in the fiscal year ending June 30, 1992, twelve per cent, (3) in the fiscal year ending June 30, 1993, fourteen per cent, (4) in the fiscal year ending June 30, 1994, twenty-seven per cent, (5) in the fiscal year ending June 30, 1995, thirty-five per cent, (6) in the fiscal year ending June 30, 1996, forty-two per cent, (7) in the fiscal year ending June 30, 1997, forty-nine per cent, (8) in the fiscal year ending June 30, 1998, fifty-six per cent, (9) in the fiscal year ending June 30, 1999, sixty-three per cent, (10) in the fiscal year ending June 30, 2000, seventy per cent, (11) in the fiscal year ending June 30, 2001, seventy-seven per cent, (12) in the fiscal year ending June 30, 2002, eighty-four per cent, (13) in the fiscal year ending June 30, 2003, ninety-two per cent, and (14) in the fiscal year ending June 30, 2004, and in each fiscal year thereafter, one hundred per cent.

[(e) In the fiscal year commencing July 1, 1999, and in each fiscal year thereafter, the Commissioner of Transportation shall pay from the Bradley International Airport Enterprise Fund to the State Comptroller, on or before September fifteenth, the portion of the state grant in lieu of taxes payable under the provisions of this section at the rate of twenty per cent of the property taxes which would have been paid to the towns of East Granby, Suffield, Windsor and Windsor Locks for real property located at Bradley International Airport. Such payment shall be credited to the appropriation from the General Fund for reimbursements to towns for loss of taxes on state property. ]

[(f)] (e) Notwithstanding the provisions of this section in effect prior to January 1, 1997, any grant in lieu of taxes on state-owned real property made to any town in excess of seven and one-half per cent of the total tax levied on real property by such town is validated.

Sec. 61. Subsection (c) of section 12-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to assessment years commencing on and after October 1, 2012):

(c) The provisions of subsection (b) of this section shall not be applicable to (1) any land, building or easement belonging to or held in trust for the state of Connecticut or the Connecticut Airport Authority at [(1)] Bradley International Airport or any [other state-owned airport] general aviation airport or other airport, as such terms are defined in section 15-120aa, and (2) any restaurant, gasoline station or other service facility or public convenience as may be deemed appropriate by the Commissioner of Transportation for state highway, mass transit, marine or aviation purposes. In the event a lessee of property, belonging to or held in trust for the state or a constituent unit of the state system of higher education, who is subject to taxation pursuant to the provisions of this subsection or pursuant to subsection (g) of section 4b-38 is delinquent in the payment of such tax, a municipal tax collector may enforce the collection of said tax by all legal means available, except for the filing of a lien on such property.

Sec. 62. Subsection (b) of section 14-267a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) The axle weight on any axle and the gross weight of any vehicle or combination of vehicle and trailer or vehicle and semitrailer or any other object, including its load, may not exceed the lesser of the manufacturer's axle weight rating, the manufacturer's gross vehicle weight rating or the following axle and gross weight limits: (1) The weight on any single axle shall not exceed twenty-two thousand four hundred pounds or, in the case of axles spaced less than six feet apart, eighteen thousand pounds on each axle; (2) a two-axle vehicle shall comply with the axle requirements specified in subdivision (1) of this subsection, and shall not exceed a maximum gross vehicle weight of thirty-six thousand pounds; (3) a three-axle vehicle shall comply with the axle requirements specified in subdivision (1) of this subsection and shall not exceed a maximum gross vehicle weight of fifty-three thousand eight hundred pounds; (4) a three-axle combination of vehicle and trailer or vehicle and semitrailer shall comply with the axle requirements specified in subdivision (1) of this subsection and shall not exceed a maximum gross vehicle weight of fifty-eight thousand four hundred pounds; (5) a four-or-more-axle vehicle or combination of vehicle and trailer or vehicle and semitrailer shall comply with the axle requirements specified in subdivision (1) of this subsection and shall not exceed a maximum gross vehicle weight of sixty-seven thousand four hundred pounds; (6) a four-or-more-axle vehicle or combination of vehicle and trailer or vehicle and semitrailer where the distance between the first and last axle is not less than twenty-eight feet shall comply with the axle requirements specified in subdivision (1) of this subsection and shall not exceed a maximum gross vehicle weight of seventy-three thousand pounds; (7) the gross vehicle weight of (A) a bulk milk pickup tanker, or (B) a vehicle or combination of vehicle and trailer or vehicle and semitrailer hauling agricultural commodities shall not exceed [ninety-nine] one hundred thousand pounds, provided the weight of the bulk milk pickup tanker or such vehicle or combination is permitted under the federal-aid highway amendments of 1974, 88 Stat. 2281, 23 USC 101 et seq. , as amended from time to time; and (8) notwithstanding the provisions of this subsection and subsection (e) of this section, a vehicle or combination of vehicle and semitrailer may be operated on any highway or bridge without a written permit, provided it is in compliance with the axle requirements specified in subdivision (1) of this subsection, and provided such vehicle or combination is in compliance with the federal-aid highway amendments of 1974, 88 Stat. 2281, 23 USC 101 et seq. , as amended from time to time, including the gross vehicle weight limit of eighty thousand pounds and the following weight distribution formula:

   

((

LN

)

 

)

 

W = 500

───

+ 12N + 36

   

N-1

 

Where W = overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L = distance in feet between the extreme of any group of two or more consecutive axles, and N = number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load of sixty-eight thousand pounds, provided the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more. As used in this subsection, "agricultural commodity" means inputs limited to feed, seed and fertilizer and products of agriculture, as described in subsection (q) of section 1-1.

Sec. 63. (Effective from passage) Notwithstanding any provision of the general statutes or any decision of a prior administrative proceeding, any private at-grade rail crossing that has provided highway access, for not less than twenty years to at least two single-family dwellings that do not have direct highway access, may provide such access to not more than three additional single-family dwellings that do not have direct highway access, provided the owners of all properties provided access by such private rail crossing shall be responsible for any rail crossing surface maintenance and repair, removal of any obstruction of view to the portion of the tracks crossing at-grade, including, but not limited to, any tree or shrub removal or trimming, and the maintenance and repair of existing passive rail traffic control measures, including signage.

Sec. 64. (Effective from passage) The Department of Transportation shall place brown signs on Route 6 eastbound and westbound in Bethel near Old Hawleyville Road indicating the location of the Walnut Hill Community Church.

Sec. 65. Subsection (a) of section 14-212a of the general statutes, as amended by section 1 of house bill 5250 of the current session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The Superior Court shall impose an additional fee equivalent to one hundred per cent of the fine established or imposed for the violation of the provisions of section 14-213, 14-213b, 14-214, 14-215, 14-216, 14-218a, 14-219, 14-220, 14-221, 14-222, 14-222a, 14-223, 14-224, 14-225, 14-227a, 14-230, 14-230a, 14-231, 14-232, 14-233, 14-235, 14-236, 14-237, 14-238, 14-238a, 14-239, 14-240, 14-240a, 14-241, 14-242, 14-243, 14-244, 14-245, 14-246a, 14-247, 14-247a, 14-248a, 14-249, 14-250, 14-250a, 14-257, 14-261, 14-266, 14-271, 14-273, 14-279, 14-281a, subsection (e) or (g) of section 14-283, section 14-289a, 14-289b or 14-296aa, as amended by this act, for any such violation committed (1) while construction work is ongoing within a highway construction zone designated in a conspicuous manner by the Department of Transportation, (2) while construction work is ongoing within a municipal road construction zone designated in a conspicuous manner by such municipality, (3) while utility work is ongoing within a utility work zone designated in a conspicuous manner by a public service company, as defined in section 16-1, or by a water company, as defined in section 25-32a, or (4) while activities are ongoing in a traffic incident management zone. [Fifty per cent of each such additional fee collected shall be deposited in the work zone safety account within the Special Transportation Fund established pursuant to section 6 of this act and used by the department for highway traffic enforcement, including, but not limited to, the expansion of the "Operation Big Orange" program, to protect the safety of workers in highway work zones, as defined in section 14-212d. ]

Sec. 66. Section 6 of house bill 5250 of the current session is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) There is established an account to be known as the "work zone safety account" which shall be a separate, nonlapsing account within the Special Transportation Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Department of Transportation for the purposes of highway traffic enforcement, including, but not limited to, the expansion of the "Operation Big Orange" program, to protect the safety of workers in highway work zones, as defined in section 14-212d of the general statutes.

(b) Upon receipt of the moneys paid pursuant to subdivisions (4) and (5) of subsection (b) of section 13b-61 of the general statutes, the State Treasurer shall transfer nine thousand dollars of such moneys monthly to the work zone safety account established in subsection (a) this section.

Sec. 67. Subsection (a) of section 13b-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) [The] Except as provided in subsection (b) of section 6 of house bill 5250 of the current session, as amended by this act, the Treasurer shall apply the resources in the Special Transportation Fund, upon their receipt, first, to pay or provide for the payment of debt service requirements, as defined in section 13b-75, at such time or times, in such amount or amounts and in such manner, as provided by the proceedings authorizing the issuance of special tax obligation bonds pursuant to sections 13b-74 to 13b-77, inclusive, and then to pay from the Transportation Strategy Board projects account of the Special Transportation Fund, established under section 13b-57r, the incremental revenues identified in approved annual financing plans for cash funding in accordance with the provisions of section 13b-57q.

Sec. 68. Section 13b-11b of the general statutes, as amended by section 10 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) It shall be the state-wide goal: (1) To increase passenger vehicle occupancy levels and the use of public transportation, (2) to increase average occupancy levels to one and two-tenths persons per car by the year 2000, and (3) to increase the use of public transportation and ride sharing so that at least ten per cent of all trips between home and places of employment occur in vehicles occupied by more than one person by the year 2000.

(b) The Connecticut Public Transportation Commission shall monitor progress toward achieving the goals established in subsection (a) of this section and, on or before January 10, 1991, and annually thereafter, shall report its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to transportation and the environment.

[(b)] (c) On or before January 1, 1991, the Department of Transportation shall report to the General Assembly on a strategy necessary to increase passenger vehicle occupancy levels to one and one-quarter persons per car by the year 2010.

Sec. 69. Subsection (a) of section 13b-17 of the general statutes, as amended by section 11 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, for the efficient conduct of the business of the department. The commissioner may delegate (1) to the Deputy Commissioner of Transportation any of the commissioner's duties and responsibilities; (2) to the bureau chief for an operating bureau any of the commissioner's duties and responsibilities which relate to the functions to be performed by that bureau; [and] (3) to the Connecticut Public Transportation Commission any of the commissioner's duties and responsibilities which relate to the functions to be performed by the commission; and (4) to other officers, employees and agents of the department any of the commissioner's duties and responsibilities that the commissioner deems appropriate, to be exercised under the commissioner's supervision and direction.

Sec. 70. Subsection (a) of section 13b-57d of the general statutes, as amended by section 12 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) As used in subsection (d) of section 74 of this act, this section and sections 13b-57f, 13b-57h, 13b-212d and 14-270e:

(1) "Department" means the Department of Transportation;

(2) "Commissioner" means the Commissioner of Transportation;

(3) "TIA corridor plan" means a twenty-year strategic plan for transportation in a corridor and any updates or other revisions to such plan;

(4) "Transportation project" means any planning, capital or operating project with regard to transportation undertaken by the state;

(5) "Local planning agency" means a metropolitan planning organization, as provided in 23 USC 134, a regional planning agency, as provided in section 8-31a, a regional council of elected officials, as defined in subdivision (2) of section 4-124i, or a council, as defined in subsection (f) of section 4-124c;

(6) "TIA" means transportation investment area;

(7) "Coastal corridor" and "coastal corridor TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Ansonia, Beacon Falls, Bethany, Bethel, Bethlehem, Branford, Bridgeport, Bridgewater, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, New Milford, Newtown, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Thomaston, Trumbull, Wallingford, Waterbury, Watertown, West Haven, Weston, Westport, Wilton, Wolcott, Woodbridge and Woodbury;

(8) "I-84 corridor" and "I-84 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Andover, Ansonia, Avon, Barkhamsted, Beacon Falls, Berlin, Bethel, Bethlehem, Bloomfield, Bolton, Bridgewater, Bristol, Brookfield, Burlington, Canaan, Canton, Cheshire, Colebrook, Cornwall, Danbury, Derby, East Granby, East Hartford, East Windsor, Ellington, Enfield, Farmington, Glastonbury, Goshen, Granby, Hartford, Hartland, Harwinton, Hebron, Kent, Litchfield, Manchester, Marlborough, Middlebury, Morris, Naugatuck, New Britain, New Fairfield, New Hartford, New Milford, Newington, Newtown, Norfolk, North Canaan, Oxford, Plainville, Plymouth, Prospect, Redding, Ridgefield, Rocky Hill, Roxbury, Salisbury, Seymour, Sharon, Shelton, Sherman, Simsbury, Somers, South Windsor, Southbury, Southington, Stafford, Suffield, Thomaston, Tolland, Torrington, Union, Vernon, Warren, Washington, Waterbury, Watertown, West Hartford, Wethersfield, Winchester, Windsor, Windsor Locks, Wolcott and Woodbury;

(9) "I-91 corridor" and "I-91 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Andover, Avon, Berlin, Bethany, Bloomfield, Bolton, Branford, Bristol, Burlington, Canton, Chester, Clinton, Cromwell, Deep River, Durham, East Granby, East Haddam, East Hampton, East Hartford, East Haven, East Windsor, Ellington, Enfield, Essex, Farmington, Glastonbury, Granby, Guilford, Haddam, Hamden, Hartford, Hebron, Killingworth, Lyme, Madison, Manchester, Marlborough, Meriden, Middlefield, Middletown, Milford, New Britain, New Haven, Newington, North Branford, North Haven, Old Lyme, Old Saybrook, Orange, Plainville, Plymouth, Portland, Rocky Hill, Simsbury, Somers, South Windsor, Southington, Suffield, Tolland, Vernon, Wallingford, West Hartford, West Haven, Westbrook, Wethersfield, Windsor, Windsor Locks and Woodbridge;

(10) "I-395 corridor" and "I-395 TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Ashford, Bozrah, Brooklyn, Canterbury, Chaplin, Colchester, Columbia, Coventry, East Lyme, Eastford, Franklin, Griswold, Groton, Hampton, Killingly, Lebanon, Ledyard, Lisbon, Mansfield, Montville, New London, North Stonington, Norwich, Plainfield, Pomfret, Preston, Putnam, Salem, Scotland, Sprague, Stafford, Sterling, Stonington, Thompson, Union, Voluntown, Waterford, Willington, Windham and Woodstock;

(11) "Southeast corridor" and "Southeast corridor TIA" means the following towns and the roads, highways, bridges, waterways, ports and airports in such towns: Bozrah, Chester, Clinton, Colchester, Deep River, East Lyme, Essex, Franklin, Griswold, Groton, Killingworth, Ledyard, Lisbon, Lyme, Montville, New London, North Stonington, Norwich, Old Lyme, Old Saybrook, Preston, Salem, Sprague, Stonington, Voluntown, Waterford and Westbrook; and

(12) "Modal" means a mode of transportation, and "multimodal" means two or more modes of transportation.

Sec. 71. Section 13b-212a of the general statutes, as amended by section 13 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Commissioner of Transportation shall develop a contingency plan for any disruption of rail passenger service on the New Haven line including the New Canaan, Waterbury and Danbury branches due to a strike, equipment failure, malfunction of the Cos Cob generating plant or any other event that would require passengers to seek alternative transportation, and submit the plan to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 15, 1986. The commissioner shall regularly review the contingency plan and shall regularly consult with town and municipal officials, the Connecticut Public Transportation Commission and the joint standing committee of the General Assembly having cognizance of matters relating to transportation concerning the contingency plan. The contingency plan shall include specific provisions concerning weekend rail service, service on the New Haven line and the New Canaan, Danbury and Waterbury branches, service for commuters traveling to New Haven in the morning and to New York in the evening and service to areas between New Haven and New York. The commissioner may revise the contingency plan whenever he deems it necessary.

(b) The Commissioner of Transportation shall designate one or more persons, associations or corporations engaged in the operation of motor bus services in accordance with the provisions of chapter 244 to provide transportation services to rail passengers during any disruption of rail service on the New Haven line, or any branch of such line. The commissioner shall specify the name and address of any such person, association or corporation in a revised contingency plan developed in accordance with the provisions of this section. The commissioner shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January 15, 1987.

Sec. 72. Section 13b-212c of the general statutes, as amended by section 15 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The Connecticut Commuter Rail Council shall study and investigate all aspects of the daily operation of commuter rail lines in the state, monitor their performance and recommend changes to improve the efficiency and the quality of service of the operation of such lines. The council may request and shall receive from any department, division, board, bureau, commission, agency, public authority of the state or any political subdivision thereof such assistance and data as it requests and will enable it to properly carry out its activities for the purposes set forth in this section. The council shall also work with the Department of Transportation to advocate for customers of all commuter lines in the state and shall make recommendations for improvements to such lines. The council shall report its findings and recommendations annually on or before January fifteenth, to the Governor, the Commissioner of Transportation, the Connecticut Public Transportation Commission, the General Assembly, the Metro North Rail Commuter Council located in New York and the management advisory board of the office of the inspector general of the Metropolitan Transportation Authority located in New York.

Sec. 73. Subsection (g) of section 2c-2h of the general statutes, as amended by section 39 of substitute house bill 6363 of the current session, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(g) Not later than July 1, 2020, and not later than every ten years thereafter, the joint standing committee of the General Assembly having cognizance of any of the following governmental entities or programs shall conduct a review of the applicable entity or program in accordance with the provisions of section 2c-3:

(1) Office of Long Term Care Ombudsman, established under section 17a-400;

(2) Regulation of nursing home administrators pursuant to chapter 368v;

(3) Regulation of hearing aid dealers pursuant to chapter 398;

(4) Plumbing and Piping Work Board, established under section 20-331; [and]

(5) Commission on Children, established under section 46a-126; and [. ]

(6) Connecticut Public Transportation Commission, established under section 74 of this act.

Sec. 74. (NEW) (Effective July 1, 2013) (a) There shall be in the Department of Transportation a Connecticut Public Transportation Commission which shall be a successor to the Connecticut Public Transportation Authority and which shall consist of nineteen members, who are electors of the state. Eleven of such members shall be appointed by the Governor, one of whom shall be a representative of business and industry and a regular user of railroad or truck freight service; one a regular commuter using railroad passenger service; one a regular bus user; one who is permanently mobility impaired and a frequent bus user; one a working member of a railroad labor union; one a working member of a bus labor union; one a representative of railroad company management; one a representative of trucking company management; two representatives from separate local transit districts, and one a person sixty years of age or older. The remaining eight members shall have a background or interest in public transportation and be appointed as follows: Two by the president pro tempore of the Senate; two by the minority leader of the Senate; two by the speaker of the House of Representatives; and two by the minority leader of the House of Representatives. The Commissioner of Transportation, the Commissioner of Energy and Environmental Protection, the Secretary of the Office of Policy and Management and the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, or their respective designees, shall serve as nonvoting, ex-officio members of the commission. The term of each member of the commission shall be four years. Vacancies on said commission shall be filled for the remainder of the term in the same manner as original appointments.

(b) The commission shall advise and assist the commissioner, the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to transportation in the performance of their functions and duties relating to the planning, development and maintenance of adequate rail, bus and motor carrier facilities and rail, bus and other public transportation services including the adequacy of such services for elderly and disabled users in the state and any other matters affecting the quality of public transportation facilities and services in the state. At least once each year, the commission shall hold public hearings in each of the metropolitan areas, as determined by the commission, within the state for the purpose of evaluating the adequacy of such rail, bus, motor carrier and other public transportation facilities.

(c) The commission shall assist the commissioner in developing regulations to formalize arrangements between the department and local transit districts, between local transit districts and transit system operators and between local transit districts.

(d) On or before January first, annually, the commission shall submit in writing to the commissioner and the Governor (1) a list of public transportation projects, which, if undertaken by the state, would further the policy set forth in section 13b-32 of the general statutes, including projects specifically for elderly and disabled users; (2) recommendations for improvements to existing public transportation service and projects, incorporating transportation service and projects relative to the needs of elderly and disabled persons and including proposals for legislation and regulations; (3) recommendations for disincentives to free parking, including urban and suburban employment centers; (4) off-peak transit services; and (5) the establishment of urban center loop shuttles. The commissioner shall notify members of the joint standing committees of the General Assembly having cognizance of matters relating to transportation and finance, revenue and bonding, on or before January first, annually, of the availability of the commissioner's comments and analysis of priorities. A written copy or electronic storage media of such comments and analysis shall be distributed to members of such committee who request them. The commissioner shall meet with the commission at least once during each calendar quarter.

(e) The commission may, upon its own motion, undertake any studies it deems necessary for the improvement of a balanced public transportation system within the state, including the improvement of such system for elderly and disabled users. The commission shall have other powers and shall perform such other duties as the commissioner, the Governor and the General Assembly may delegate to it.

(f) Subject to the provisions of chapter 67 of the general statutes, and when authorized to do so by the commissioner, the Governor or the General Assembly, the commission may appoint such officers, agents and employees and may retain and employ other consultants or assistants on a contract or other basis for rendering legal, financial, technical or other assistance or advice as may be required to carry out duties or responsibilities. The staff of the department shall be available to assist the commission.

(g) The members of the commission shall receive no compensation for their services as members but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties. No member of the commission who is otherwise a public officer or employee shall suffer a forfeiture of his office or employment, or any loss or diminution in the rights and privileges pertaining thereto, by reason of such membership.

(h) A quorum of the commission for the purpose of transacting business shall exist only when there is present, in person, a majority of its voting membership. The affirmative vote of a majority of the quorum shall be required for the adoption of a resolution or vote of the commission.

(i) The members of the commission shall elect one of the members as chairperson with the responsibility to act as presiding officer at meetings of the commission. Regular meetings shall be held at least once in each calendar month and as often as deemed necessary by a majority of members. Any member absent from (1) three consecutive meetings of the commission, or (2) fifty per cent of such meetings during any calendar year shall be deemed to have resigned from the commission, effective on the date that the chairperson notifies the official who appointed such member.

(j) The commission shall have access through the Department of Transportation to all records, reports, plans, schedules, operating rules and other documents prepared by rail and bus companies operating under contract with the state of Connecticut which pertain to the operations of such companies and to any documents that the commission may require from the department to carry out its responsibilities under this section and sections 13b-16, 13b-17 and 16-343 of the general statutes, provided this subsection shall not apply to any plans, proposals, reports and other documents pertaining to current or pending negotiations with employee bargaining units.

Sec. 75. (Effective from passage) The portion of Route 137 in Stamford from West Broad Street northerly to High Ridge Road shall be designated the "Master Sergeant Homer Lee Wise WW II Medal of Honor Recipient Memorial Highway".

Sec. 76. Section 13b-69 of the general statutes is amended by adding subsection (d) as follows (Effective July 1, 2015):

(NEW) (d) The resources of the Special Transportation Fund shall be used only for transportation purposes.

Sec. 77. Section 13b-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) No person, association, limited liability company or corporation shall operate a taxicab until such person, association, limited liability company or corporation has obtained a certificate from the Department of Transportation certifying that public convenience and necessity require the operation of a taxicab or taxicabs for transportation of passengers, the acceptance or solicitation of which originates within the territory specified in such certificate except as provided under subsection (d) of this section. No such certificate shall be issued unless the department finds that the person, association, limited liability company or corporation is suitable to operate a taxicab service, after giving due consideration to, at a minimum, the following factors: (1) Any convictions of the applicant under federal, state or local laws relative to safety, motor vehicle or criminal violations; (2) the number of taxicabs to be operated under the certificate, provided no applicant for a new certificate shall operate fewer than three taxicabs; (3) the adequacy of the applicant's financial resources to operate the taxicab service; (4) the adequacy of insurance coverage and safety equipment; and (5) the availability of qualified taxicab operators. The commissioner shall request the state criminal history records check for any person or any officer of any association, limited liability company or corporation applying for such certificate from the State Police Bureau of Identification. The commissioner shall arrange for the fingerprinting of any person or any officer of any association, limited liability company or corporation applying for such certificate and forward the fingerprints to said bureau which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check for any federal conviction specified in subdivision (1) of this subsection. The commissioner shall charge a fee for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. Such certificate shall be issued only after written application, fingerprinting and said criminal history records check for the same has been made and public hearing held thereon. The application shall be accompanied by a fee of two thousand dollars and the fee for said criminal history records check. Upon receipt of such application, the department shall fix a time and place of hearing thereon, provided such hearing shall be held not earlier than three months after such receipt, and shall promptly give written notice of the pendency of such application and of the time and place of hearing thereon to such applicant, the mayor of each city, the warden of each borough or the first selectman of each town in which the applicant desires to originate the transportation of such passengers, and to any common carrier operating within the territory specified. Notwithstanding any provision of this subsection to the contrary, the department may, upon receipt of a written application, amend an existing certificate to increase the number of taxicabs which may be operated pursuant to the certificate without holding a hearing on the application, provided the department issues a legal notice of such application in a daily newspaper in accordance with the provisions of section 1-2, gives written notice of the pendency of such application to any common carrier operating within the territory specified and no objection is filed with the department within thirty days of each such notice.

(b) Any town, city or borough within which taxicab service is operated or any interested party may bring a written petition to the department with respect to fares, service, operation or equipment or the convenience, protection and safety of passengers and the public. Thereupon, the department may fix a time and place for a hearing upon such petition, and give written notice thereof to the parties in interest at least one week prior to such hearing.

(c) No certificate shall be sold or transferred until the department, upon written application to it setting forth the purpose, terms and conditions thereof, and after investigation, finds that the purchaser or transferee is suitable to operate a taxicab service after consideration of the factors specified in subsection (a) of this section and approves the same. The application shall be accompanied by a fee of one thousand dollars. The department may amend or, for sufficient cause shown, may suspend or revoke any such certificate. The department may impose a civil penalty on any person or any officer of any association, limited liability company or corporation or any driver who violates any provision of this chapter or any regulation adopted under section 13b-96 with respect to fares, service, operation or equipment, in an amount not to exceed one hundred dollars per day for each violation. Any such certificate issued by the department shall remain valid unless suspended or revoked by the department. Any such certificate issued by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, or by any transit district prior to March 1, 1997, shall remain valid unless suspended or revoked by the Department of Transportation.

(d) Any person, association, limited liability company or corporation which has obtained a certificate under subsection (a) of this section, after providing proof that service has been active, adequate within the territory specified in such certificate and in compliance with all relevant statutes and regulations for a period of not less than two years since such certificate was obtained, may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement with the Commissioner of Transportation provided such agreement shall not take precedence over its obligation to provide taxicab service within the territory specified in such certificate. Any such person, association, limited liability company or corporation may discharge taxicab passengers received at such airport within a territory other than the territory specified in its certificate. The commissioner may charge and collect a reasonable fee from any such person, association, limited liability company or corporation for the privilege of solicitation of such passengers.

Sec. 78. Subsection (a) of section 13b-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Upon the granting of a certificate of public convenience and necessity as provided in section 13b-97, the holder thereof may apply to the Commissioner of Motor Vehicles for the registration of any taxicab of which the holder is the owner or lessee and which is to be used as specified in such certificate, and the Commissioner of Motor Vehicles shall have jurisdiction over the registration of any taxicab and its exterior lighting equipment and over the licensing of its operator. Each registered taxicab shall have a permanently attached electric rooftop light. Each registered taxicab shall indicate, in three-inch type permanently affixed to the outside of such taxicab, the phone number of the company operating such taxicab.

Sec. 79. Section 13b-97b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Any person who (1) operates a taxicab, or advertises taxicab services, without obtaining a certificate from the Department of Transportation pursuant to section 13b-97 or obtaining authority to operate a taxicab from a holder of such a certificate, or (2) allows an unauthorized person to operate a taxicab, which is under such person's control, shall be guilty of a class A misdemeanor.

Sec. 80. Section 35 of public act 09-186 is repealed. (Effective from passage)

Sec. 81. Sections 13a-85c and 13b-15 of the general statutes are repealed. (Effective July 1, 2013)"

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

Section 1

October 1, 2013

13a-80

Sec. 2

from passage

13b-79u

Sec. 3

from passage

13b-20

Sec. 4

October 1, 2013

New section

Sec. 5

October 1, 2013

New section

Sec. 6

from passage

13b-251(a)

Sec. 7

October 1, 2013

15-15e

Sec. 8

from passage

14-1(40)

Sec. 9

from passage

New section

Sec. 10

October 1, 2013

14-296aa

Sec. 11

October 1, 2013

21-52

Sec. 12

January 1, 2014

New section

Sec. 13

October 1, 2013

13a-123(f)

Sec. 14

July 1, 2013

13a-95b(a)

Sec. 15

from passage

29-252a

Sec. 16

July 1, 2013

16a-27(a)

Sec. 17

July 1, 2013

25-201(10)

Sec. 18

July 1, 2013

25-204(e)

Sec. 19

July 1, 2013

25-231(4)

Sec. 20

July 1, 2013

25-234(e)

Sec. 21

July 1, 2013

1-2b(a)

Sec. 22

October 1, 2013

14-36(e)

Sec. 23

July 1, 2013

New section

Sec. 24

from passage

7-273f

Sec. 25

July 1, 2013

13b-16(a)

Sec. 26

July 1, 2013

13b-26(a)

Sec. 27

July 1, 2013

13b-44(a)

Sec. 28

July 1, 2013

13b-47(a)

Sec. 29

from passage

New section

Sec. 30

from passage

New section

Sec. 31

from passage

New section

Sec. 32

from passage

New section

Sec. 33

from passage

New section

Sec. 34

from passage

New section

Sec. 35

from passage

New section

Sec. 36

from passage

New section

Sec. 37

from passage

New section

Sec. 38

from passage

New section

Sec. 39

from passage

New section

Sec. 40

from passage

New section

Sec. 41

from passage

New section

Sec. 42

from passage

New section

Sec. 43

from passage

New section

Sec. 44

from passage

New section

Sec. 45

from passage

New section

Sec. 46

from passage

New section

Sec. 47

from passage

New section

Sec. 48

from passage

New section

Sec. 49

from passage

New section

Sec. 50

from passage

New section

Sec. 51

from passage

New section

Sec. 52

July 1, 2013

New section

Sec. 53

from passage

New section

Sec. 54

from passage

New section

Sec. 55

July 1, 2013

31-53(f)

Sec. 56

October 1, 2013

13a-123(a)

Sec. 57

October 1, 2013

13a-123(e)

Sec. 58

July 1, 2013, and applicable to assessment years commencing on and after October 1, 2012

New section

Sec. 59

July 1, 2013 and applicable to assessment years commencing on and after October 1, 2012

New section

Sec. 60

July 1, 2013, and applicable to assessment years commencing on and after October 1, 2012

12-19a

Sec. 61

July 1, 2013, and applicable to assessment years commencing on and after October 1, 2012

12-64(c)

Sec. 62

October 1, 2013

14-267a(b)

Sec. 63

from passage

New section

Sec. 64

from passage

New section

Sec. 65

October 1, 2013

14-212a(a)

Sec. 66

October 1, 2013

HB ###0 (current session), Sec. 6

Sec. 67

October 1, 2013

13b-69(a)

Sec. 68

July 1, 2013

13b-11b

Sec. 69

July 1, 2013

13b-17(a)

Sec. 70

July 1, 2013

13b-57d(a)

Sec. 71

July 1, 2013

13b-212a

Sec. 72

July 1, 2013

13b-212c

Sec. 73

July 1, 2013

2c-2h(g)

Sec. 74

July 1, 2013

New section

Sec. 75

from passage

New section

Sec. 76

July 1, 2015

13b-69

Sec. 77

July 1, 2013

13b-97

Sec. 78

July 1, 2013

13b-99(a)

Sec. 79

July 1, 2013

13b-97b

Sec. 80

from passage

Repealer section

Sec. 81

July 1, 2013

Repealer section

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

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 19 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 34

Those voting Nay 0

Those absent and not voting 2

On the roll call vote Senate Bill No. 975 as amended by Senate Amendment Schedule “A” (LCO 8520) 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

A

   

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

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th, moved for immediate transmittal of Senate Bill 975 as amended to the House.

JUDICIARY. Substitute for H. B. No. 6513 (RAISED) (File No. 667) AN ACT CONCERNING THE BUDGET AND SPECIAL ASSESSMENT APPROVAL PROCESS IN COMMON INTEREST COMMUNITIES.

Senator Doyle of the 9th explained the bill, offered Senate Amendment Schedule “A” (LCO 8544) and moved adoption.

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. Subsections (a) and (b) of section 47-261e of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) [The] (1) Except as provided in subdivision (2) of this subsection, the executive board, at least annually, shall adopt a proposed budget for the common interest community for consideration by the unit owners. Not later than thirty days after the adoption of a proposed budget, the executive board shall provide to all unit owners a summary of the proposed budget, including a statement of the amount of any reserves, and a statement of the basis on which such reserves are calculated and funded. Simultaneously, the board shall set a date not less than ten days or more than sixty days after providing the summary for either a meeting of the unit owners or a vote by ballot without a meeting to consider approval or rejection of the proposed budget. If, at that meeting or in the vote by ballot, a majority of all unit owners or any larger number specified in the declaration votes to reject the proposed budget, the proposed budget shall be rejected. If, at that meeting or in the vote by ballot, a majority of all unit owners or any larger number specified in the declaration does not vote to reject the proposed budget, the proposed budget shall be approved. The absence of a quorum at such meeting or participating in the vote by ballot shall not affect rejection or approval of the proposed budget. If a proposed budget is rejected, the budget last approved by the unit owners continues until unit owners approve a subsequent budget. If a proposed budget is not rejected in accordance with the provisions of this subdivision, the proposed budget shall be deemed approved.

(2) The executive board of an association of a common interest community, or of a master association as defined in section 47-239 exercising the powers on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities, which community or communities were established prior to July 3, 1991, and have more than two thousand four hundred residential units, at least annually, shall adopt a proposed budget for the common interest community for consideration by the unit owners. Not later than thirty days after the adoption of a proposed budget, the executive board shall provide to all unit owners a summary of the proposed budget, including a statement of the amount of any reserves, and a statement of the basis on which such reserves are calculated and funded. Simultaneously, the board shall set a date not less than ten days or more than sixty days after providing the summary for either a meeting of the unit owners or a vote by ballot without a meeting to consider approval or rejection of the proposed budget. If, at that meeting or in the vote by ballot, a majority of unit owners votes to reject the proposed budget, the proposed budget shall be rejected, provided not less than thirty-three and one-third per cent of the unit owners entitled to vote on the proposed budget vote at that meeting or in the vote by ballot to reject the proposed budget. If an association's declaration or bylaws include quorum requirements for a meeting, the absence of a quorum at such meeting or participating in the vote by ballot shall not affect rejection or approval of the proposed budget. If a proposed budget is rejected, the budget last approved by the unit owners continues until unit owners approve a subsequent budget. If a proposed budget is not rejected in accordance with the provisions of this subdivision, the proposed budget shall be deemed approved.

(b) [The] (1) Except as provided in subdivision (2) of this subsection, the executive board, at any time, may propose a special assessment. Not later than thirty days after adoption of a proposed special assessment, the executive board shall provide to all unit owners a summary of the proposed special assessment. Unless the declaration or bylaws otherwise provide, if [such] the proposed special assessment, together with all other special and emergency assessments proposed by the executive board in the same calendar year, do not exceed fifteen per cent of the association's last adopted periodic budget for that calendar year, the proposed special assessment is effective without approval of the unit owners. Otherwise, the board shall set a date not less than ten days or more than sixty days after providing the summary for either a meeting of the unit owners or a vote by ballot without a meeting to consider approval or rejection of the proposed special assessment. If, at [such] that meeting or in the [balloting] vote by ballot, a majority of all unit owners or any larger number specified in the declaration votes to reject the special assessment, the special assessment shall be rejected. If, at such meeting or in the balloting, a majority of all unit owners or any larger number specified in the declaration does not vote to reject the special assessment, the special assessment shall be approved. The absence of a quorum at such meeting or participating in the vote by ballot shall not affect the rejection or approval of the special assessment. If a proposed special assessment is not rejected in accordance with the provisions of this subdivision, the proposed special assessment shall be deemed approved.

(2) The executive board of an association of a common interest community, or of a master association as defined in section 47-239 exercising the powers on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities, which community or communities were established prior to July 3, 1991, and have more than two thousand four hundred residential units, at any time, may propose a special assessment. Not later than thirty days after adoption of a proposed special assessment, the executive board shall provide to all unit owners a summary of the proposed special assessment. Unless the declaration or bylaws otherwise provide, if the proposed special assessment, together with all other special and emergency assessments proposed by the executive board in the same calendar year, do not exceed fifteen per cent of the association's last adopted periodic budget for that calendar year, the proposed special assessment is effective without approval of the unit owners. Otherwise, the board shall set a date not less than ten days or more than sixty days after providing the summary for either a meeting of the unit owners or a vote by ballot without a meeting to consider approval or rejection of the proposed special assessment. If, at that meeting or in the vote by ballot, a majority of unit owners votes to reject the proposed special assessment, the proposed special assessment shall be rejected, provided not less than thirty-three and one-third per cent of the unit owners entitled to vote on the proposed special assessment vote at that meeting or in the vote by ballot to reject the proposed special assessment. If an association's declaration or bylaws include quorum requirements for a meeting, the absence of a quorum at such meeting or participating in the vote by ballot shall not affect the rejection or approval of the proposed special assessment. If a proposed special assessment is not rejected in accordance with the provisions of this subsection, the proposed special assessment shall be deemed approved. "

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

Section 1

October 1, 2013

47-261e(a) and (b)

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 24 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 34

Those voting Nay 0

Those absent and not voting 2

On the roll call vote House Bill No. 6513 as amended by Senate Amendment Schedule “A” (LCO 8544) 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

A

   

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

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th, moved for immediate transmittal of House Bill 6513 as amended to the House.

JUDICIARY. Substitute for H. B. No. 6527 (RAISED) (File Nos. 229 and 863) AN ACT CONCERNING GENETICALLY-ENGINEERED FOOD. (As amended by House Amendment Schedule "A").

Senator Bartolomeo of the 13th explained the bill as amended, offered Senate Amendment Schedule “A” (LCO 8508) and moved adoption.

Remarking were Senators Gerratana of the 6th and Markley of the 16th.

On a voice vote the amendment was adopted.

The following is the Amendment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 2. (NEW) (Effective October 1, 2013) For purposes of this section, section 3 of this act and sections 21a-102 and 21a-99 of the general statutes, as amended by this act:

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

(2) "Genetic engineering" means a process by which a food or food ingredient that is produced from an organism or organisms in which the genetic material has been changed through the application of: (A) In vitro nucleic acid techniques, including recombinant DNA (deoxyribonucleic acid) techniques and the direct injection of nucleic acid into cells or organelles; or (B) fusion of cells, including protoplast fusion, or hybridization techniques that overcome natural physiological, reproductive or recombination barriers, where the donor cells or protoplasts do not fall within the same taxonomic group, in a way that does not occur by natural multiplication or natural recombination;

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

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

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

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

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

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

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

Sec. 3. (NEW) (Effective October 1, 2013) (a) On October first following the date the Commissioner of Consumer Protection recognizes the occurrence of both of the following: (1) Four states, not including this state, enact a mandatory labeling law for genetically-engineered foods that is consistent with the provisions of this subsection, provided one such state borders Connecticut; and (2) the aggregate population of such states located in the northeast region of the United States that have enacted a mandatory labeling law for genetically-engineered foods that is consistent with this subsection exceed twenty million based on 2010 census figures, (A) food intended for human consumption, and (B) seed or seed stock that is intended to produce food for human consumption, that is entirely or partially genetically-engineered, except a processed food subject to the provisions of this section solely because one or more processing aids or enzymes were produced or derived from genetic engineering, shall be labeled as follows: (i) In the case of such food that is sold wholesale and is not intended for retail sale, on the bill of sale accompanying such food during shipping, with the clear and conspicuous words: "Produced with Genetic Engineering"; (ii) in the case of such food for retail sale contained in a package, with the clear and conspicuous words: "Produced with Genetic Engineering"; (iii) in the case of such food that is a raw agricultural commodity, on the package offered for retail sale or, in the case of any such commodity that is not separately packaged or labeled, on the bill of sale or invoice for such commodity and on the retail store shelf or bin that holds such commodity displayed for sale with the clear and conspicuous words: "Produced with Genetic Engineering"; and (iv) in the case of any such seed or seed stock, on the container holding the seed or seed stock displayed for sale or on any label identifying ownership or possession of the commodity with the clear and conspicuous words: "Produced with Genetic Engineering". Such food labeling shall be displayed in the same size and font as the ingredients in the nutritional facts panel on the food label. Not later than thirty days after the Commissioner of Consumer Protection recognizes the occurrence of the events described in subdivisions (1) and (2) of this subsection, the commissioner shall cause to be published in the five newspapers in the state having the largest circulation, notice of the date the requirements of this section become effective. For purposes of this section, "states located in the northeast region of the United States" means Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey and Pennsylvania.

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

(1) Alcoholic beverages;

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

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

(4) Food consisting entirely of, or derived entirely from, an animal that was not genetically engineered, regardless of whether such animal was fed or injected with any genetically-engineered food or any drug that was produced through means of genetic engineering.

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

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

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

(f) Notwithstanding the provisions of subsection (c) of this section, a retailer shall not be penalized or otherwise held liable for the failure to label pursuant to this section unless (1) the retailer is the producer or the manufacturer of the genetically-engineered food, seed or seed stock and sells the genetically-engineered food under a brand it owns, or (2) the retailer's failure to label was knowing and wilful. In any action in which it is alleged that a retailer has violated the provisions of this section, it shall be a defense that such retailer reasonably relied on (A) any disclosure concerning genetically-engineered foods contained in the bill of sale or invoice provided by the wholesaler or distributor pursuant to subsection (a) of this section, or (B) the lack of any such disclosure.

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

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

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

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

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

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

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

Section 1

October 1, 2013

21a-92

Sec. 2

October 1, 2013

New section

Sec. 3

October 1, 2013

New section

Sec. 4

October 1, 2013

21a-102

Sec. 5

October 1, 2013

21a-99

Remarking was Senator Williams of the 29th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 35 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 34

Those voting Nay 0

Those absent and not voting 2

On the roll call vote House Bill No. 6527 as amended by Senate Amendment Schedule “A” (LCO 8508) 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

A

   

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

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th, moved for immediate transmittal of House Bill 6513 as amended to the House.

SUSPENSION OF THE RULES

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th, moved to suspend the rules for immediate transmittal to the House all bills requiring further action by the House.

SENATOR(S) ABSENT

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

Senator Coleman of the 2nd – Illness

Senator Cassano of the 4th – Legislative Business

Senator LeBeau of the 3rd – Legislative Business

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 8: 38 p. m. adjourned subject to the call of the chair.