JOURNAL OF THE SENATE

Friday, February 8, 2013

The Senate was called to order at 1: 20 a. m. in accordance with the provisions of Senate Rule 9(b), and under the authority of the President Pro Tempore and the Senate Minority Leader.

The prayer was offered by Acting Senate Chaplain, Andrew T. Kehoe of East Hartford, Connecticut

The following is the prayer:

Lord, help us to love with pure motives and for the good of others. Help us to love unconditionally, expecting nothing in return. Amen.

Pursuant to Senate Rule 9(b) the Senate is called into Session, by the Office of the Senate Clerk's under the authority of the President Pro Tempore and the Senate Minority Leader.

It is hereby moved that Senate Agenda Number 1, dated February 8, 2013, is adopted, the items on said Agenda shall be acted upon as indicated and that the Agenda shall be incorporated into the Senate Journal and Senate Transcript.

COMMUNICATION FROM HIS EXCELLENCY

THE GOVERNOR

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

February 8, 2012

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Sections 4-1 and 10-153f of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint LESLIE A. WILLIAMSON, JR. from Bolton, to be a member of the Education Arbitration Board, as a neutral arbitrator, to serve a term ending June 30, 2014 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

INTRODUCTION OF BILLS

SENATE AND HOUSE BILLS AND RESOLUTIONS

In accordance with the provisions of Senate Rule 9(b), the first reading of the following bills and resolutions was waived, the list of bills and resolutions as prepared by the Clerks was accepted, and the bills and resolutions referred to the Committees as indicated thereon in concurrence:

PUBLIC HEALTH

S. B. No. 63 (COMM) PUBLIC HEALTH. 'AN ACT CONCERNING GRANTS FROM THE BIOMEDICAL RESEARCH TRUST FUND FOR STROKE RESEARCH', to provide funding through the Biomedical Research Trust Fund to researchers investigating stroke.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

S. B. No. 441 (COMM) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO REPORT INSTANCES OF CHILD ABUSE', to require employees of institutions of higher education to report child abuse.

PUBLIC HEALTH

S. B. No. 465 (COMM) PUBLIC HEALTH. 'AN ACT REQUIRING NEWBORN SCREENING FOR ADRENOLEUKODYSTROPHY', to require that newborns be screened for adrenoleukodystrophy.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

S. B. No. 867 (RAISED) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT CONCERNING FACULTY REPRESENTATION ON THE BOARD OF REGENTS FOR HIGHER EDUCATION', to ensure faculty representation on the Board of Regents for Higher Education.

S. B. No. 868 (RAISED) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT TARGETING STATE FINANCIAL AID TO SUPPORT TECHNICAL TRAINING', to target state financial aid to support technical training that prepares students in higher education for careers in job shortage areas in Connecticut.

S. B. No. 869 (RAISED) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT CONCERNING THE STUDENT ADVISORY COMMITTEE TO THE BOARD OF REGENTS FOR HIGHER EDUCATION', to change the makeup of the student advisory committee by making the chairperson and vice-chairperson cochairpersons and adding Charter Oak State College as an alternate school for one of the cochairpersons and require the committee to report to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations regarding its work.

JUDICIARY

S. B. No. 870 (RAISED) JUDICIARY. 'AN ACT CONCERNING VICTIM COMPENSATION', to update, revise and conform provisions concerning victims compensation and services coordinated through the Office of Victim Services.

S. B. No. 871 (RAISED) JUDICIARY. 'AN ACT CONCERNING REVISIONS TO VARIOUS STATUTES CONCERNING THE CRIMINAL JUSTICE SYSTEM', to: (1) Revise the procedure for the forfeiture of property seized as a result of a lawful arrest or search; (2) increase the penalties for certain "peeping Tom" violations, including subsequent offenses and those involving children and clarify the statute of limitations regarding certain voyeurism offenses; (3) eliminate a notice requirement concerning DNA evidence; (4) provide that probation officers may set bail in the course of serving arrest warrants for violation of probation; and (5) conform the offense of harassment in the first degree with recently enacted changes to harassment in the second degree in order to update references to communications made or received rather than telephone calls made or received.

PUBLIC HEALTH

S. B. No. 872 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE USE OF INDOOR TANNING DEVICES BY PERSONS UNDER EIGHTEEN YEARS OF AGE'

S. B. No. 873 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING COLON HYDROTHERAPY SERVICES', to give the public notice of persons who are certified by the National Board for Colon Hydrotherapy to provide colon hydrotherapy services.

S. B. No. 874 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING VARIOUS REVISIONS TO THE DEPARTMENT OF DEVELOPMENTAL SERVICES' STATUTES', to make a technical change to the statute establishing the Camp Harkness Advisory Committee, to change term limits and appointments to the Birth-to-Three Interagency Coordinating Council, and to establish the Autism Spectrum Disorder Advisory Council.

EDUCATION

S. B. No. 875 (RAISED) EDUCATION. 'AN ACT CONCERNING THE DONATION OF EQUIPMENT AND SUPPLIES TO PUBLIC SCHOOLS', to indemnify any person who makes a donation of equipment or supplies to a local or regional board of education.

S. B. No. 876 (RAISED) EDUCATION. 'AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS AND A STUDY OF ROOF PITCH REQUIREMENTS ON SCHOOL BUILDINGS', to authorize state grant commitments for school building projects and to require the Department of Construction Services to conduct a study of roof pitch requirements for school buildings.

S. B. No. 877 (RAISED) EDUCATION. 'AN ACT CONCERNING THE ENTRANCE AGE FOR WHEN A CHILD MAY ENTER KINDERGARTEN', to phase in the cut-off date for when a child must turn five years of age in order to enroll in kindergarten for such school year, to limit the circumstances in which a parent may withhold enrolling their child in kindergarten until the child is seven years old and to require the Commissioner of Education to develop a plan for children who cannot enter kindergarten due to changes in the entrance age requirement to attend school readiness programs.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

S. B. No. 878 (RAISED) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT MAKING CLARIFYING CHANGES TO THE HIGHER EDUCATION STATUTES IN ACCORDANCE WITH THE REORGANIZATION OF THE HIGHER EDUCATION SYSTEM', to make clarifying changes to the higher education statutes in accordance with the higher education reorganization.

PUBLIC HEALTH

H. B. No. 5104 (COMM) PUBLIC HEALTH. 'AN ACT ESTABLISHING A TASK FORCE TO STUDY LYME DISEASE TESTING', to establish a task force to study Lyme disease testing.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

H. B. No. 5617 (COMM) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT CONCERNING STUDENT MEMBERSHIP ON THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF CONNECTICUT', to ensure undergraduate and graduate student representation on the Board of Trustees for The University of Connecticut.

EDUCATION

H. B. No. 6383 (RAISED) EDUCATION. 'AN ACT CONCERNING HIRING STANDARDS FOR ATHLETIC DIRECTORS', to establish hiring standards for athletic directors of schools and school districts and to outline the responsibilities of athletic directors.

H. B. No. 6384 (RAISED) EDUCATION. 'AN ACT CONCERNING ENGLISH LANGUAGE LEARNERS', to ensure that English language learner students are not disproportionately and inappropriately identified as requiring special education due to reading deficiencies.

H. B. No. 6385 (RAISED) EDUCATION. 'AN ACT PROHIBITING THE USE OF PESTICIDES AT PUBLIC SCHOOLS', to prohibit the use of pesticides at public and private schools.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

H. B. No. 6386 (RAISED) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT CONCERNING THE USE OF MEDICAID FUNDS TO PAY HEALTH INSURANCE COSTS FOR MEDICALLY INDIGENT STUDENTS', to require a study of the effectiveness of requiring state Medicaid to pay the cost of institution-sponsored health insurance premiums and provide supplemental coverage to medically indigent students enrolled in a constituent unit.

JUDICIARY

H. B. No. 6387 (RAISED) JUDICIARY. 'AN ACT CONCERNING COURT OPERATIONS', to: (1) Make conforming changes regarding the dissolution, annulment or legal separation of a civil union; (2) address expiring ex parte restraining orders when the court is unexpectedly closed on the date of a scheduled hearing; (3) allow emergency ex parte custody applications; (4) make technical changes to recent paternity and guardianship legislation; (5) implement the recommendation of the Commission on Civil Court Alternative Dispute Resolution regarding an under-utilized program for referral of civil actions involving motor vehicles; (6) allow fines to be paid by mail for failure to remove snow or ice from a motor vehicle when no personal or property damage results; (7) reflect current procedure regarding the creation of a court file; (8) authorize small claims commissioners to sign their decisions electronically; and (9) clarify that victims of damage that results from an operator of a vehicle evading responsibility may be eligible for victims' compensation.

PUBLIC HEALTH

H. B. No. 6388 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES', to replace the terms "intermediate care facility for the mentally retarded" and "residential facility for the mentally retarded" with "intermediate care facility for individuals with intellectual disabilities" and "residential facility for persons with intellectual disability", respectively, in accordance with the federal terminology.

H. B. No. 6389 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING PRESCRIPTION DRUG MONITORING', to require health care practitioners to register for access to the electronic prescription drug monitoring program.

H. B. No. 6390 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL CORRECTIONS TO THE PUBLIC HEALTH STATUTES', to make technical changes to the public health statutes.

H. B. No. 6391 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE PRACTICE OF ADVANCED PRACTICE REGISTERED NURSES', to remove the requirement that advanced practice registered nurses practice in collaboration with a licensed physician.

H. B. No. 6392 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' REPORTING REQUIREMENTS', to combine the Department of Mental Health and Addiction Services reporting requirements into one report submitted every three years and to eliminate a hospital reporting requirement regarding protocols for screening patients for alcohol and substance abuse, which is unnecessary.

H. B. No. 6393 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE PROFESSIONAL STANDARD OF CARE FOR EMERGENCY MEDICAL CARE PROVIDERS', to provide that a claimant in a medical malpractice action establish the negligence of a health care provider, who provided treatment in a hospital emergency department, by clear and convincing evidence.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

H. B. No. 6394 (RAISED) HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. 'AN ACT CONCERNING THE INDEMNIFICATION OF UNIVERSITY POLICE', to require indemnification of special police force officers.

ADJOURNMENT

The Senate at 1: 25 a. m. adjourned under provisions of Senate Rule 9(b) subject to the call of the chair.