JOURNAL OF THE SENATE

Monday, July 22, 2013

On Monday July 22, 2013, in accordance with the Constitution of the State of Connecticut and the Call of the Secretary of the State, the Senate reconvened at the State Capitol at 10: 27 a. m. , Senator Osten of the 19th in the Chair.

The prayer was offered by the Acting Chaplain, Tim Kehoe of East Hartford, Connecticut.

The following is the prayer:

Dear Lord, there are many things about tomorrow we don't seem to understand; but we know who holds tomorrow and we know who holds our hands. Amen

PLEDGE

Senator Markley of the 16th led the Senate in the pledge of Allegiance.

CALL

RECONVENING

THE 2013 REGULAR SESSION OF

GENERAL ASSEMBLY

WHEREAS, the regular session of the 2013 General assembly adjourned on June 5, 2013, in accordance with the Constitution of Connecticut; and

WHEREAS, the Governor has disapproved certain bills passed by the regular session of the 2013 General Assembly and has transmitted same to the secretary of the State with his objections; and

WHEREAS, said bills were not reconsidered by the General Assembly or were so disapproved by the Governor after said adjournment;

NOW THEREFORE, as required by Article Third of the Amendments to the Constitution of Connecticut, I hereby call the 2013 Regular Session of the General Assembly to reconvene in session at Hartford on July 22, 2013 at ten o'clock in the morning, for a period not to exceed three days following such reconvening, for the sole purpose of reconsidering and, if the General Assembly so desires, repassing said bills.

Given under my hand and the Seal of the State at the City of Hartford, this 15th day of July 2013.

Denise W. Merrill

Secretary of the State

COMMUNICATIONS FROM THE SECRETARY OF THE STATE

GOVERNOR'S VETO MESSAGE

The following communications were received from the Honorable Denise W. Merrill Secretary of the State, on the dates indicated, read by the Clerk and ordered printed in the Journal.

June 25, 2013

The Honorable Denise Merrill

Secretary of the State

30 Trinity Street

Hartford, CT 06106

Dear Madam Secretary:

I hereby return, without my signature, substitute House Bill 6509, An Act Concerning the Recommendations of the Connecticut Sentencing Commission Regarding the Membership of the Commission. This bill adds to the membership of the Commission, the co-chairpersons and ranking members of the joint standing committee on judiciary, or their designees chosen from the membership of the committee.

The Commission is defined in statute as a criminal justice agency and is distinct from commissions and task forces that are largely advisory in nature. As such, it would be inappropriate for legislators to sit on the Commission as full voting members. While I applaud the proponents' intention to familiarize the chairpersons and ranking members with the work of the Commission, this objective can be accomplished through regular meetings with such members or by the members' voluntary attendance at the Commission's public meetings.

For these reasons, I disapprove of substitute House Bill 6509, An Act Concerning the Recommendations of the Connecticut Sentencing Commission. Pursuant to Section 15 of Article Forth of the Constitution of the State of Connecticut, I am returning substitute House Bill 6509 without my signature.

Sincerely,

Dannel P. Malloy

Governor

June 25, 2013

The Honorable Denise Merrill

Secretary of State

30 Trinity Street

Hartford, CT 06106

Dear Madam Secretary:

I hereby return, without my signature, substitute House Bill 6689, An Act Concerning Bail Bonds. This bill would, among other things, automatically terminate a bond and release a surety when an accused voluntarily returns between five days and six months after a bond forfeiture order.   This would undermine the efficient functioning of Connecticut's bail bond system and compromise the state's ability to assure that those facing criminal charges appear in court.

The objective of a bail bond is to ensure that an arrested person appears in court as required by that bond. Releasing a surety when an accused voluntarily returns within six months would render the court date conditioned in a bail bond effectively meaningless, giving arrested persons an additional six months to show up in court without consequence and as a matter of course.

For these reasons, I disapprove of substitute House Bill 6689, An Act Concerning Bail Bonds. Pursuant to Section 15 of Article Fourth of the Constitution of the State of Connecticut, I am returning substitute House Bill 6689 without my signature.

Sincerely,

Dannel P. Malloy

Governor

July 2, 2013

The Honorable Denise Merrill

Secretary of the State

30 Trinity Street

Hartford, CT 06106

Dear Madam Secretary:

I hereby return, without my signature, Public Act 13-237, An Act Concerning All-Terrain Vehicles and the Certification of Household Goods Carriers.

Each year, thousands of hikers, cyclists, equestrians, and cross-country skiers, from the very young to senior citizens, use the hundreds of miles of recreational trails on state-owned land.   We welcome and encourage outdoor recreation.   But we must carefully balance our desire to encourage outdoor recreation with our fundamental mission of protecting our natural resources for future generations.   The speed, noise, and power of All-Terrain Vehicles (ATVs) bring greater potential for degradation or destruction of our unique and delicate natural resources.   Accordingly, any new legislation regarding ATV usage must take a deliberate, thoughtful and balanced approach.   I do not believe that Public Act 13-237 succeeds.

I urge those interested in changing policies concerning ATV usage on state land to work together with DEEP and other stakeholders to craft a more thoughtful legislative proposal that would support the creation of sustainable ATV trails.  

Public Act 13-237 does contain a valuable provision regarding the certification of transporters of household goods, removing unnecessary barriers to investment.   That provision deserves to become law and I look forward to seeing such a provision reintroduced in the next legislative session.   Unfortunately, because of the provisions concerning ATV usage on state land, I cannot support this bill in its entirety.

For these reasons, I disapprove Public Act 13-237, An Act Concerning All-Terrain Vehicles and the Certification of Household Goods Carriers.   Pursuant to Section 15 of Article Fourth of the Constitution of the State of Connecticut, I return it without my signature.

Sincerely,

Dannel P. Malloy

Governor

July 11, 2013

The Honorable Denise Merrill

Secretary of State

30 Trinity Street

Hartford, CT 06106

Dear Madam Secretary:

I hereby return, without my signature, substitute Senate Bill 992, An Act Concerning Members of a Medical Foundation.   This bill would allow certain for-profit entities to become members of a medical foundation.   As this bill carves out an exception to existing law for the benefit of specific for-profit entities, further consideration is warranted to determine whether such exceptions are appropriate and, if so, whether existing law should be amended on a broader basis.   Further consideration is also warranted to determine whether current law provides adequate safeguards to guard against any perceived or actual threat to the independence of medical decisions made by providers employed by for-profit entities.  

For these reasons, I disapprove of substitute Senate Bill 992, An Act Concerning Members of a Medical Foundation. Pursuant to Section 15 of Article Fourth of the Constitution of the State of Connecticut, I am returning substitute Senate Bill 992 without my signature.

Sincerely,

Dannel P. Malloy

Governor

July 12, 2013

The Honorable Denise Merrill

Secretary of State

30 Trinity Street

Hartford, CT 06106

Dear Madam Secretary:

I hereby return, without my signature, House Bill 6658, An Act Concerning Employer Use of Noncompete Agreements.  This bill would void noncompete agreements entered into, renewed or extended on or after October 1, 2013, when such agreements follow an acquisition or merger, unless the employer provides the employee with at least seven calendar days to consider the merits of the agreement.

Notwithstanding the robust common law in Connecticut regarding the appropriate use and scope of noncompete agreements, additional protections for employees may be warranted to guarantee a reasonable period of time to review a written noncompete agreement before entering into such an agreement in the first instance.   Unfortunately, this bill leaves certain key terms undefined or unclear.   As a result, this bill has the potential to produce legal uncertainty and ambiguity in the event of merger or acquisition.  If signed into law, costly and time-consuming litigation would likely be required to provide necessary clarity.  It would be better for both employers and employees to receive greater clarity from the General Assembly on this issue next session.

For these reasons, I disapprove of House Bill 6658, An Act Concerning Employer Use of Noncompete Agreements. Pursuant to Section 15 of Article Fourth of the Constitution of the State of Connecticut, I am returning House Bill 6658 without my signature.

Sincerely,

Dannel P. Malloy

Governor

July 12, 2013

The Honorable Denise Merrill

Secretary of State

30 Trinity Street

Hartford, CT 06106

Dear Madam Secretary:

I hereby return, without my signature, substitute Senate Bill 1067, An Act Concerning Medical Spa Facilities.  This bill defines “medical spa” and establishes requirements related to cosmetic medical procedures performed at such spas.  The bill would require a physician to act as the establishment's medical director, perform the initial physical assessment of any person undergoing a cosmetic medical procedure, and perform or supervise and control any cosmetic medical procedures.

Protecting public health is an essential role of government, and I strongly support the objectives of this bill.   Many of the procedures covered in this bill should only be performed by a licensed medical professional.   And, indeed, many cosmetic procedures have already been deemed to be medical in nature, requiring that they be performed by licensed professionals.

However, requiring physicians to perform all initial assessments and to perform or supervise and control all cosmetic medical procedures may unnecessarily limit the scope of practice of Advanced Practice Registered Nurses (APRNs) and other licensed medical professionals.   Requiring physicians employed or on contract with a medical spa to perform all initial assessments may also unduly burden small businesses if such assessments could be done by another medical professional or an individual's own physician.  

Requirements as demanding as those included in this bill should follow from a determination by a professional board or working group or upon recommendation by the Department of Public Health following a scope of practice review.  

For these reasons, I disapprove of substitute Senate Bill 1067, An Act Concerning Medical Spa Facilities. Pursuant to Section 15 of Article Fourth of the Constitution of the State of Connecticut, I am returning substitute Senate Bill 1067 without my signature.

Sincerely,

Dannel P. Malloy

Governor

BUSINESS FROM THE HOUSE

INTRODUCTION OF HOUSE JOINT RESOLUTIONS

RESOLUTIONS ADOPTED

The following resolutions were introduced, read and adopted.

H. J. No. 201 RESOLUTION CONCERNING THE JOINT RULES OF THE RECONVENED SESSION OF THE 2013 GENERAL ASSEMBLY.

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

On a voice vote the Resolution was adopted.

The following is the Resolution.

Resolved by this Assembly:

That the joint rules of this reconvened session of the 2013 General Assembly shall be the same as the joint rules in force at the 2013 regular session, except as said rules are amended, altered or repealed in this resolution and by the addition of the following rules, which additional rules are hereby made a part of the joint rules of this reconvened session.

Strike out Rule 6.

Strike out Rule 7.

Strike out Rule 8 and insert in lieu thereof the following:

Rule 8. The reconvened session of the 2013 General Assembly shall be for the sole purpose of reconsidering bills approved by the 2013 General Assembly and disapproved by the Governor. Except as provided in joint rule 33, no substantive resolutions shall be received other than those pertaining to the rules applicable to this reconvened session and the printing of the journals of the Senate and House of Representatives and the expenses of this reconvened session. The reconvened session shall adjourn sine die not later than midnight, July 25, 2013.

Strike out Rules 9, 10 and 11.

Strike out Rule 12 and insert in lieu thereof the following:

Rule 12. No amendments shall be permitted to any disapproved bill submitted to the reconvened session.

Strike out Rule 13.

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

Rule 14. Each disapproved bill shall be submitted to the chamber of origin for reconsideration. If, after such reconsideration, that chamber shall again pass it, but by the approval of at least two-thirds of the membership, it shall be immediately transmitted with the veto message to the other chamber, which shall also reconsider it. The votes of each chamber shall be determined by the yeas and nays and the names of the members voting for and against the bill shall be entered on the journals of each chamber respectively.

Strike out Rules 15, 16, 17, 18, 19 and 20.

Strike out Rule 21 and insert in lieu thereof the following:

Rule 21. After the time has elapsed for the reconsideration of any vote upon any bill, no resolution or motion to recall such bill from the other chamber shall be allowed for the purposes of reconsideration, except when there has clearly been a mistake in the vote on such bill.

Strike out Rules 22, 23 and 24.

Strike out Rule 25 and insert in lieu thereof the following:

Rule 25. The respective clerks of the House and Senate shall immediately notify the Secretary of the State and the Legislative Commissioners of the final action taken on each disapproved bill and its engrossed copy shall bear the notation of such final action and if repassed, the date of final passage.

Strike out Rule 26.

Strike out Rule 27 and insert in lieu thereof the following:

Rule 27. The official copies of all disapproved bills repassed by the General Assembly shall be delivered to the Secretary of the State.

Strike out Rules 31 and 32.

H. J. No. 202 RESOLUTION CONCERNING THE EXPENSES OF THE RECONVENED SESSION OF THE 2013 GENERAL ASSEMBLY.

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

On a voice vote the Resolution was adopted.

The following is the Resolution.

Resolved by this Assembly:

That the Joint Committee on Legislative Management is authorized to pay the necessary expenses of this reconvened session of the 2013 General Assembly.

H. J. No. 203 RESOLUTION CONCERNING THE PRINTING OF THE JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES FOR THE RECONVENED SESSION OF THE 2013 GENERAL ASSEMBLY.

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

On a voice vote the Resolution was adopted.

The following is the Resolution.

Resolved by this Assembly:

That the journals of the proceedings of the Senate and House of Representatives at this reconvened session shall be printed as provided in section 2-49 of the general statutes with the journals of the January 2013 session of the General Assembly.

INTRODUCTION OF

SENATE RESOLUTION

RESOLUTION ADOPTED

The following resolution was introduced, read and adopted.

S. R. No. 51 RESOLUTION CONCERNING THE RULES OF THE SENATE FOR THE RECONVENED SESSION OF THE 2013 GENERAL ASSEMBLY.

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

On a voice vote the Resolution was adopted.

The following is the Resolution.

Resolved by the Senate:

That the rules of the Senate at this reconvened session of the 2013 General Assembly shall be the same as the rules of the Senate in force at the 2013 regular session, except as such rules are amended, altered or repealed in this resolution and by the addition of the following rules, which additional rules are hereby made part of said Senate rules.

Strike out Rule 8 and insert in lieu thereof the following:

Rule 8. The clerk shall keep a journal of the Senate and shall enter therein a record of each day's proceedings.

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

Rule 9. The clerk shall keep a calendar on which he shall enter daily all Senate bills disapproved by the Governor and all bills and joint resolutions received from the House for action.

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

Rule 19. The order of business shall be as follows:

1. Reception of communications from the Governor and Secretary of the State.

2. Introduction of resolutions.

3. Introduction of bills disapproved by the Governor.

4. Reception of business from the House.

5. Business on the calendar.

6. Introduction of guests.

Strike out Rule 20 and insert in lieu thereof the following:

Rule 20. Before any resolution is received, a brief statement of its object shall be made by the introducer.

Strike out Rule 23.

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

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

1. To adjourn.

2. To recess.

3. For the previous question.

4. To close the debate at a specified time.

5. To pass temporarily.

6. To pass retain.

7. To postpone to a certain time.

Said motions shall have precedence in the order listed in this rule.

Strike out Rule 30.

Add a new Rule 37 as follows:

Rule 37. No substantive resolutions shall be received except for resolutions concerning joint rule 33, and resolutions pertaining to the rules of this reconvened session, the printing of the journals of the Senate and the House of Representatives, and the expenses of this reconvened session.

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 10: 35 a. m. adjourned Sine Die.

ATTEST: Timothy B. Kehoe

Permanent Assistant Clerk of the Senate

Hartford, Connecticut

June 22, 2013

10: 35 o'clock a. m.