JOURNAL OF THE SENATE

Wednesday, February 20, 2013

The Senate was called to order at 10: 59 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 Chaplain, Carmela Balducci of Deep River, Connecticut.

The following is the prayer:

Dear Lord, guard our tongues so what we say won't hurt and carelessly offend; give us the gracious speech of love with words that soothe and heal and mend. 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 20, 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.

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

CHANGE OF REFERENCE

HOUSE BILLS

The following favorable reports on House Bills Recommending a change of reference were received from the Joint Standing Committee indicated, the report of the Committee accepted, and the bills referred as recommended.

AGING. H. B. No. 5757 (RAISED) AN ACT INCREASING ELIGIBILITY FOR THE CONNECTICUT HOME-CARE PROGRAM FOR THE ELDERLY.

The bill was referred to the Committee on Appropriations.

AGING. H. B. No. 5758 (RAISED) AN ACT CONCERNING AN INCOME TAX DEDUCTION FOR LONG-TERM CARE INSURANCE PREMIUMS.

The bill was referred to the Committee on Finance, Revenue and Bonding.

AGING. H. B. No. 5760 (RAISED) AN ACT INCREASING THE PERSONAL NEEDS ALLOWANCE.

The bill was referred to the Committee on Appropriations.

AGING. H. B. No. 5761 (RAISED) AN ACT CONCERNING NOTIFICATION TO POTENTIAL AND EXISTING NURSING HOME OWNERS.

The bill was referred to the Committee on Public Health.

AGING. Substitute for H. B. No. 5763 (RAISED) AN ACT CONCERNING GRIEVANCE COMMITTEES IN NURSING HOME FACILITIES.

The bill was referred to the Committee on Public Health.

AGING. H. B. No. 5764 (RAISED) AN ACT INCREASING TEMPORARY FAMILY ASSISTANCE BENEFITS FOR GRANDPARENTS AND OTHER NONPARENT CARETAKER RELATIVES.

The bill was referred to the Committee on Appropriations.

AGING. H. B. No. 5766 (RAISED) AN ACT CONCERNING NURSING HOME COMPLIANCE WITH COMFORTABLE AND SAFE TEMPERATURE STANDARDS.

The bill was referred to the Committee on Public Health.

AGING. H. B. No. 5765 (RAISED) AN ACT EXPANDING ELIGIBILITY FOR THE ALZHEIMER'S DISEASE RESPITE CARE PROGRAM.

The bill was referred to the Committee on Insurance and Real Estate.

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE RESOLUTION

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

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. J. No. 36 RESOLUTION CONFIRMING THE NOMINATION OF LESLIE A. WILLIAMSON, JR. OF BOLTON TO BE A MEMBER OF THE EDUCATION ARBITRATION BOARD.

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:

ENVIRONMENT

S. B. No. 16 (COMM) ENVIRONMENT. 'AN ACT REQUIRING THE LABELING OF FOOD AND DRINK PRODUCTS THAT ARE PACKAGED IN MATERIALS THAT CONTAIN BISPHENOL-A', to provide information to consumers that will allow consumers to avoid the purchase and consumption of products that contain harmful toxins.

CHILDREN

S. B. No. 273 (COMM) CHILDREN. 'AN ACT CONCERNING FOSTER CHILDREN AND INTERNSHIP OPPORTUNITIES', to give priority to current or former foster children seeking internship positions at state agencies.

S. B. No. 328 (COMM) CHILDREN. 'AN ACT CONCERNING MINORS AND VIOLENT POINT-AND-SHOOT VIDEO GAMES', to prevent minors from using violent point-and-shoot video games in public arcades and to create a task force to study the effects of violent video games on youth behavior.

PUBLIC SAFETY AND SECURITY

S. B. No. 505 (COMM) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING THE MINIMUM AGE TO PURCHASE A RIFLE OR OTHER LONG GUN', to establish the same minimum age for the purchase of a rifle or other long gun as is required for the purchase of a handgun.

BANKS

S. B. No. 911 (RAISED) BANKS. 'AN ACT CONCERNING MONEY TRANSMISSION, MORTGAGE SERVICERS AND CONSUMER COLLECTION AGENCIES'

S. B. No. 912 (RAISED) BANKS. 'AN ACT CONCERNING PREPAID CARDS', to permit a purchaser of or individual who increases or reloads funds onto a general-use prepaid card, code or device to (1) receive back the unexpended balance and accrued interest on such balance by way of a financial account that is linked to such card, code or device, (2) receive back the unexpended balance and accrued interest in an expedited manner, and (3) transfer the unexpended balance to a bank offering a higher yield and insurance from the FDIC on such balance.

S. B. No. 913 (RAISED) BANKS. 'AN ACT REQUIRING NOTIFICATION OF THE SALE OF A REAL PROPERTY TAX LIEN', to require the notification of the assignment of a tax lien on real property to ensure that the holder of a mortgage on such real property is aware of such assignment.

ENVIRONMENT

S. B. No. 914 (RAISED) ENVIRONMENT. 'AN ACT CONCERNING THE APPLICATION OF PESTICIDES AT MUNICIPAL PARKS', to apply the same restrictions concerning the application of pesticides at day care centers to the application of pesticides at municipal parks.

S. B. No. 915 (RAISED) ENVIRONMENT. 'AN ACT AUTHORIZING BOW AND ARROW HUNTING ON SUNDAY UNDER CERTAIN CIRCUMSTANCES', to authorize Sunday hunting on private property by bow and arrow under certain conditions.

S. B. No. 916 (RAISED) ENVIRONMENT. 'AN ACT AUTHORIZING CIVIL PENALTIES FOR THE FAULTY, CARELESS OR NEGLIGENT APPLICATION OF PESTICIDES', to authorize the assessment of a civil penalty, pursuant to section 22a-63 of the general statutes, against any certified applicator who applies a pesticide in a faulty, careless or negligent manner.

S. B. No. 917 (RAISED) ENVIRONMENT. 'AN ACT AUTHORIZING THE USE OF CERTAIN MICROBIAL AND BIOCHEMICAL PESTICIDES AND GRUB CONTROL PRODUCTS ON SCHOOL GROUNDS', to authorize the use of certain microbial and biochemical pesticides and grub control products on school grounds.

S. B. No. 918 (RAISED) ENVIRONMENT. 'AN ACT CONCERNING THE DUTIES OF VETERINARIANS WHEN PRESCRIBING PRESCRIPTION MEDICATIONS', to require veterinarians to review certain information when prescribing drugs for an animal and to discuss information garnered from such review with the animal's owner.

JUDICIARY

S. B. No. 919 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE QUALIFICATIONS FOR CANDIDATES SEEKING ELECTION TO THE OFFICE OF THE ATTORNEY GENERAL', to clarify that the qualification for election to the office of the Attorney General be admission to the bar of this state for a continuous period of at least ten years immediately prior to taking office, and to delete an obsolete reference to the location of the office of the Attorney General.

S. B. No. 920 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE STATUTE OF LIMITATIONS IN CARBON MONOXIDE POISONING CASES', to extend the statute of limitations for personal injury claims emanating from exposure to carbon monoxide.

S. B. No. 921 (RAISED) JUDICIARY. 'AN ACT CONCERNING LIABILITY FOR DAMAGE CAUSED BY A DOG', to (1) clarify that the owner or keeper of a dog that does damage to the companion animal of another is liable for the expense of veterinary care, the fair monetary value of the companion animal and the burial expenses for the companion animal, and (2) clarify the calculation of damages for damage done by a dog to domestic animals and poultry.

GENERAL LAW

S. B. No. 922 (RAISED) GENERAL LAW. 'AN ACT CONCERNING THE CONNECTICUT UNFAIR TRADE PRACTICES ACT', to amend the general statutes to eliminate references to federal standards in the Connecticut Unfair Trade Practices Act.

S. B. No. 923 (RAISED) GENERAL LAW. 'AN ACT CONCERNING STRUCTURAL ENGINEERS AND REQUIRING CONTINUING PROFESSIONAL EDUCATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS', to establish a structural engineer endorsement to the professional engineer license and to require professional engineers and land surveyors to complete not less than fifteen hours per calendar year of continuing professional education.

S. B. No. 924 (RAISED) GENERAL LAW. 'AN ACT CLARIFYING RENEWAL REQUIREMENTS FOR MEDICAL GAS AND VACUUM SYSTEMS CERTIFICATES', to protect the safety of patients who use medical gas and vacuum systems.

LABOR AND PUBLIC EMPLOYEES

S. B. No. 925 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR FIREFIGHTERS AND POLICE OFFICERS', to extend workers' compensation benefits to firefighters and police officers who suffer a cardiac emergency resulting in death or temporary or permanent total or partial disability within seventy-two hours of engaging in certain public safety operations.

S. B. No. 926 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING AN INCREASE IN PENALTIES DUE TO FALSE OR MISLEADING DECLARATIONS, STATEMENTS OR REPRESENTATIONS', to increase the financial penalty on employers relating to certain unemployment compensation payments.

S. B. No. 927 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE DEFINITION OF NEW EMPLOYEE IN THE UNEMPLOYED ARMED FORCES MEMBER SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM', to eliminate the requirement that all armed services members must serve in a "combat zone" to be considered "new employees" under the Standardized Training and Employment program.

PUBLIC SAFETY AND SECURITY

S. B. No. 928 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING PRECIOUS METALS OR STONE DEALERS', to require precious metals or stones dealers to provide a periodic statement of transactions in an electronic format to the local licensing authority and retain any goods purchased for at least ten days, and to make the requirements applicable to precious metals or stones dealers similar to those applicable to secondhand dealers.

S. B. No. 929 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING CONSOLIDATION FUNCTIONS AND OPERATIONS OF THE DEPARTMENT OF CONSTRUCTION SERVICES AND REGULATING SPECIAL EFFECTS DISPLAYS', to return responsibility for the regulation of explosives, fireworks and model rocketry to the Department of Emergency Services and Public Protection and provide for the regulation of displays of special effects produced by pyrotechnics or flame producing devices.

VETERANS' AFFAIRS

S. B. No. 930 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING SERVICEMEMBERS CIVIL RELIEF ACT PROCEEDINGS', to provide that a member of the armed forces who is entitled to a stay of proceedings in a family relations matter pursuant to the Servicemembers Civil Relief Act may seek relief and provide testimony by electronic means under certain conditions.

S. B. No. 931 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING VETERAN-OWNED SMALL BUSINESSES', to provide a mechanism for monitoring the number of small businesses owned by veterans and disabled veterans in the state to determine whether future legislation establishing state contracting preferences for such businesses is appropriate.

S. B. No. 932 (RAISED) VETERANS' AFFAIRS. 'AN ACT EXCLUDING VETERANS' DISABILITY COMPENSATION FROM PROPERTY ASSIGNMENT AND ALIMONY IN DISSOLUTION OF MARRIAGE PROCEEDINGS', to require the Superior Court to exclude disability compensation received by either party from the United States Department of Veterans Affairs from the amount and sources of income considered in determining orders for alimony or property assignment in an action for marital dissolution, annulment or legal separation.

S. B. No. 933 (RAISED) VETERANS' AFFAIRS. 'AN ACT CREATING A STATE COLD WAR CERTIFICATE', to honor members of the armed forces who served during the Cold War era.

S. B. No. 934 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING FEE WAIVERS FOR EDUCATIONAL EXTENSION PROGRAMS AND SUMMER SCHOOL SESSIONS FOR WARTIME VETERANS AND MEMBERS OF THE CONNECTICUT NATIONAL GUARD', to waive extension fees for wartime veterans and active members of the Connecticut National Guard who attend an educational extension program or summer session at a regional community-technical college, the Connecticut State University System or The University of Connecticut.

S. B. No. 935 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING EXCUSED ABSENCES FROM SCHOOL FOR CHILDREN OF SERVICE MEMBERS', to provide that any student whose parent or legal guardian has been called to duty for, is on leave from, or has immediately returned from deployment to a combat zone or combat supporting post shall be granted at least ten days of excused absences to visit with his or her parent or legal guardian, and to ensure that such student does not fall behind other students by requiring that he or she complete assignments missed during the period of excused absence prior to returning to school.

BANKS

H. B. No. 5564 (COMM) BANKS. 'AN ACT ENCOURAGING INCREASED SAVINGS DEPOSITS', to encourage individuals who do not normally save money to begin making or to increase the frequency of their deposits into a savings account or other savings program offered by a Connecticut credit union or community bank.

PUBLIC SAFETY AND SECURITY

H. B. No. 6162 (COMM) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING INELIGIBILITY FOR A PERMIT TO CARRY A PISTOL OR REVOLVER OR AN ELIGIBILITY CERTIFICATE BASED ON A PRIOR HOSPITALIZATION', to expand the mental health look-back period for permits to carry a pistol or revolver and eligibility certificates for a pistol or revolver to twenty-four months and eliminate the requirement that a probate court order a hospitalization in order for the hospitalization to disqualify a person for a permit or certificate.

BANKS

H. B. No. 6435 (RAISED) BANKS. 'AN ACT CONCERNING THE CONVEYANCE TAX AND FORECLOSURES', to increase revenue by eliminating the foreclosure exemption from the requirement for payment of the conveyance tax.

H. B. No. 6436 (RAISED) BANKS. 'AN ACT CONCERNING ATTORNEY'S FEES FOR TRAVEL TO A REAL ESTATE CLOSING', to prohibit an attorney for a bank from charging a separate travel fee for representing such bank at a real estate closing.

ENVIRONMENT

H. B. No. 6437 (RAISED) ENVIRONMENT. 'AN ACT CONCERNING A MATTRESS STEWARDSHIP PROGRAM', to establish a mattress stewardship program that will reduce the cost to municipalities of handling discarded mattresses.

H. B. No. 6438 (RAISED) ENVIRONMENT. 'AN ACT RESTRICTING THE USE OF METHOPRENE AND RESMETHRIN', to prohibit certain uses of the insecticides methoprene and resmethrin which have been discovered in the lobsters of Long Island Sound.

H. B. No. 6439 (RAISED) ENVIRONMENT. 'AN ACT CONCERNING THE DISPOSAL AND COLLECTION OF UNUSED MEDICATION', to encourage the proper disposal of unwanted medication.

H. B. No. 6440 (RAISED) ENVIRONMENT. 'AN ACT CONCERNING MUNICIPALITIES AND THE APPLICATION OF LAWN CARE PESTICIDES', to allow municipalities to apply to the Commissioner of Energy and Environmental Protection for the authority to regulate the spraying of lawn care pesticides in such municipality.

H. B. No. 6441 (RAISED) ENVIRONMENT. 'AN ACT CONCERNING THE DAM SAFETY PROGRAM', to effectively establish a dam owner stewardship and inspection approach to dam safety.

GENERAL LAW

H. B. No. 6442 (RAISED) GENERAL LAW. 'AN ACT EXEMPTING CERTAIN DISTRIBUTION WAREHOUSE EMPLOYEES FROM PROFESSIONAL LICENSING REQUIREMENTS', to exempt certain distribution warehouse employees from the licensing requirements of chapter 393 of the general statutes.

H. B. No. 6443 (RAISED) GENERAL LAW. 'AN ACT CONCERNING IMMIGRATION SERVICES FRAUD', to require individuals holding themselves out as immigration services providers to enter into specified written contracts prior to providing services to clients.

H. B. No. 6444 (RAISED) GENERAL LAW. 'AN ACT CONCERNING COUNTERFEIT CONTROLLED SUBSTANCES', to protect consumers by requiring the Commissioner of Consumer Protection to adopt regulations prohibiting the knowing purchase, trade, sale or transfer of counterfeit controlled substances.

JUDICIARY

H. B. No. 6445 (RAISED) JUDICIARY. 'AN ACT CONCERNING SERVICES THAT MAY BE PROVIDED BY PROFESSIONAL CORPORATIONS', to allow physicians and chiropractors to jointly practice as a professional corporation.

H. B. No. 6446 (RAISED) JUDICIARY. 'AN ACT CONCERNING JUDICIAL MARSHALS', to require a person to pass a written examination prepared by the Judicial Department in order to be hired for or promoted to a supervisory judicial marshal position.

H. B. No. 6447 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE OCCUPATIONAL TAX ON ATTORNEYS', to increase the amount of compensation that an attorney who does not engage in the practice of law as an occupation may receive in legal fees or other compensation in a calendar year and not be subject to the occupational tax on attorneys.

H. B. No. 6448 (RAISED) JUDICIARY. 'AN ACT CONCERNING PROBATE FEES', to: (1) Establish a fee of two hundred fifty dollars for an individual to be admitted pro hac vice in a matter in the Probate Court; (2) repeal outdated probate fee schedules; (3) define the term "fiduciary acquisition value" and substitute such term for "book value" for the purpose of calculating the probate fee for accountings; and (4) make conforming and technical changes.

LABOR AND PUBLIC EMPLOYEES

H. B. No. 6449 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE DISCLOSURE OF PERFORMANCE EVALUATIONS OF THE MEMBERS OF THE STATE BOARD OF LABOR RELATIONS AND THE STATE BOARD OF MEDIATION AND ARBITRATION', to allow the disclosure of performance evaluations of members of the State Board of Labor Relations and the State Board of Mediation and Arbitration to certain individuals.

H. B. No. 6450 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE FILING FEE AT THE STATE BOARD OF MEDIATION AND ARBITRATION', to increase the filing fee for the submission of grievances to the Board of Mediation and Arbitration in order to increase revenue and to further ensure that any party filing such grievances is doing so in good faith.

H. B. No. 6451 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT IMPROVING THE TIMELINESS AND EFFICIENCY OF THE LABOR DEPARTMENT'S UNEMPLOYMENT INSURANCE TAX OPERATIONS', to improve the operating efficiency of the Labor Department by requiring employers to (1) pay a penalty of one hundred dollars if such employer fails to electronically notify the department within fifteen days of becoming subject to the provisions of chapter 567 of the general statutes or upon acquiring any part of the assets, organization, trade or business of another employer subject to chapter 567 of the general statutes, and (2) pay a fee of fifty dollars if such employer submits a tax and wage report without being properly registered.

H. B. No. 6452 (RAISED) LABOR AND PUBLIC EMPLOYEES. 'AN ACT CONCERNING THE REQUIREMENT FOR ELECTRONIC FILING OF QUARTERLY UNEMPLOYMENT TAX RETURNS', to require each employer, person or organization employing one or more employees to electronically file and pay quarterly unemployment tax returns.

PUBLIC SAFETY AND SECURITY

H. B. No. 6453 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING FOAMED-IN-PLACE INSULATING MATERIAL', to permit the installation in buildings and structures of a phenolic based foam insulation.

H. B. No. 6454 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING FIRE STATION WORK ZONES', to ensure that firefighters are safe while directing traffic around fire stations.

VETERANS' AFFAIRS

H. B. No. 6455 (RAISED) VETERANS' AFFAIRS. 'AN ACT CREATING THE CONNECTICUT MEDAL OF ACHIEVEMENT', to recognize members of the Connecticut National Guard who distinguish themselves through outstanding achievement or meritorious service during military service ordered by the Governor.

H. B. No. 6456 (RAISED) VETERANS' AFFAIRS. 'AN ACT EXCLUDING CERTAIN FARMERS WHO ARE VETERANS FROM THE SALES AND USE TAX', to aid veterans in starting or expanding agricultural businesses by providing them with a limited exemption from the sales and use tax and encouraging them to participate in the Connecticut Farm Link program.

H. B. No. 6457 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING THE DISPLAY OF THE STATE OR NATIONAL FLAG AT HALF-STAFF', to clarify that the Governor may proclaim that the state flag be flown at half-staff to honor the memory of state officials and celebrities without requiring that the national flag also be flown at half-staff.

H. B. No. 6458 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING THE NEW ENGLAND DISASTER TRAINING CENTER ACTIVITY ACCOUNT', to establish an account for the purpose of operating the New England Disaster Training Center.

H. B. No. 6459 (RAISED) VETERANS' AFFAIRS. 'AN ACT CONCERNING TUITION WAIVERS FOR CERTAIN VETERANS AND MEMBERS OF THE NATIONAL GUARD ENROLLED AT CHARTER OAK STATE COLLEGE', to waive payment of tuition for certain veterans and members of the National Guard enrolled at Charter Oak State College.

ADJOURNMENT

The Senate at 11: 05 a. m. adjourned under provisions of Senate Rule 9(b) subject to the call of the chair.