JOURNAL OF THE SENATE

Wednesday, February 27, 2013

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

The following is the prayer:

Doing the right thing is our best gift. That is what brings us bliss and happiness. Happy and blissful is the person who does what is right. Because it is the right thing to do.

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 27, 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.

REPORT

The following report was received, read by the Clerk and referred to the Committee indicated:

State of Connecticut Department of Motor Vehicles. Connecticut Emissions Program statistics for the period January 1, 2013 Through January 31, 2013 as required by Section 14-164h of the Connecticut General Statutes. Report received February 27, 2013.

The report was referred to the committee on Transportation.

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE RESOLUTIONS

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

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. R. No. 16 RESOLUTION CONFIRMING THE NOMINATION OF QUEENIE COLLINS OF GLASTONBURY TO BE A MEMBER OF THE CONNECTICUT MEDICAL EXAMINING BOARD.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. R. No. 17 RESOLUTION CONFIRMING THE NOMINATION OF ALLYSON DUFFY, M. D. OF WEST HARTFORD TO BE A MEMBER OF THE CONNECTICUT MEDICAL EXAMINING BOARD.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. R. No. 18 RESOLUTION CONFIRMING THE NOMINATION OF EVONNE M. KLEIN OF DARIEN, TO BE COMMISSIONER OF HOUSING.

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE BILL

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

INSURANCE AND REAL ESTATE. S. B. No. 809 (RAISED) (File No. 17) AN ACT ALLOWING THE TRANSFERS OF TAX CREDITS TO INSURANCE COMPANY AFFILIATES.

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:

CHILDREN

S. B. No. 158 (COMM) CHILDREN. 'AN ACT ESTABLISHING A TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN', to create a task force to implement various programs and policies in order to decrease the instances of sexual abuse of children within the state.

S. B. No. 314 (COMM) CHILDREN. 'AN ACT CONCERNING SECOND PARENT ADOPTION', to exempt couples seeking a second-parent or coparent adoption from the home study requirement.

BANKS

S. B. No. 979 (RAISED) BANKS. 'AN ACT CONCERNING PROTECTION OF EXEMPT FUNDS IN BANK ACCOUNTS', to conform state law protection of moneys exempt from execution in bank accounts to federally-required procedures.

S. B. No. 980 (RAISED) BANKS. 'AN ACT CONCERNING THE DEBT SECURITY LIMITS FOR CONNECTICUT BANKS', to permit Connecticut banks to invest in additional debt securities guaranteed or issued by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, provided said association or corporation is operating under the conservatorship or receivership of the Federal Housing Finance Agency.

CHILDREN

S. B. No. 981 (RAISED) CHILDREN. 'AN ACT CONCERNING PESTICIDES ON SCHOOL GROUNDS', to expand the ban on the use of lawn care pesticides in schools to include schools with students in grades nine to twelve, inclusive.

S. B. No. 982 (RAISED) CHILDREN. 'AN ACT CONCERNING HEALTHY CHILDREN', to study the health of children in the state.

JUDICIARY

S. B. No. 983 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING UNCLASSIFIED FELONIES', to classify certain felonies that were previously unclassified as class E, D or C felonies.

S. B. No. 984 (RAISED) JUDICIARY. 'AN ACT CONCERNING PROBATE COURT OPERATIONS', to revise probate law and procedure and repeal obsolete provisions.

S. B. No. 985 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING AN EXEMPTION FROM STATE CONTRACTING REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION THAT OFFER COURSES TO INMATES AT NO COST', to exempt institutions of higher education that arrange for professors to teach courses to inmates for college credit from state contracting requirements when such courses are offered without cost to the Department of Correction and the inmate.

S. B. No. 986 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE APPLICABILITY OF PROBATE COURT ORDERS TO STATE AGENCIES', to require each state agency to follow any order, denial or decree of a Probate Court that is applicable to a determination made by the state agency, and clarify that a state agency has standing to appeal any such order, denial or decree to the Superior Court with respect to its applicability to the state agency's determination.

S. B. No. 987 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE MAINTENANCE OF TREES BY HOMEOWNERS', to establish that a property owner has constructive notice of a tree's defect if such owner receives or refuses to receive a certified letter notifying such owner of the tree's defect, and to require property owners to visually inspect their property and remove trees and tree limbs that visually appear to be unhealthy or in a potentially dangerous condition.

PROGRAM REVIEW AND INVESTIGATIONS

S. B. No. 988 (RAISED) PROGRAM REVIEW AND INVESTIGATIONS. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE FARMLAND PRESERVATION PROGRAM', to implement the recommendations of the Program Review and Investigations Committee concerning the Farmland Preservation Program.

S. B. No. 989 (RAISED) PROGRAM REVIEW AND INVESTIGATIONS. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING A PLAN FOR PUBLIC INSTITUTIONS OF HIGHER EDUCATION TO REDUCE THE STATE'S ACHIEVEMENT GAP', to require the public institutions of higher education to assist in closing the achievement gap.

PUBLIC HEALTH

S. B. No. 990 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING SMOKING POLICIES AND PROHIBITING SMOKING IN CERTAIN AREAS', to include electronic cigarettes in the definition of "smoking", to prohibit smoking in certain areas outside of facilities where smoking is prohibited and to redefine business facilities for the purpose of the smoking prohibition.

S. B. No. 991 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING AN ADVISORY COUNCIL ON PALLIATIVE CARE', to establish an advisory council on palliative care.

S. B. No. 992 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING VARIOUS REVISIONS TO THE OFFICE OF HEALTH CARE ACCESS STATUTES', to require nonprofit hospitals to provide certain information to the Office of Health Care Access, to eliminate civil penalties for health care providers in section 19a-653 of the general statutes and to provide a definition of a "detailed patient bill".

S. B. No. 993 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING DENTAL ASSISTANTS AND EXPANDED FUNCTION DENTAL AUXILIARY', to modernize dental assisting in the state by defining services that may be performed by certain dental professionals.

S. B. No. 994 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE DEFINITION OF SCHOOL-BASED HEALTH CENTER', to adopt a definition of "school-based health center".

JUDICIARY

S. B. No. 995 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE COURT SUPPORT SERVICES DIVISION OF THE JUDICIAL BRANCH', to: (1) Require the Department of Children and Families to disclose information to the Court Support Services Division of the Judicial Branch with respect to the division's supervision and treatment services for a child or youth; (2) clarify the scope of disclosure of Judicial Branch records of cases of juvenile matters with respect to judges and employees of the Probate Court; (3) permit disclosure of alternative sentencing plans and community release plans to employees of the Division of Criminal Justice and the Department of Correction; and (4) allow authorized personnel of the Judicial Branch to access the COLLECT system with respect to Judicial Branch applicants and contractors who will have access to criminal justice information systems in the performance of their duties.

EDUCATION

S. B. No. 996 (RAISED) EDUCATION. 'AN ACT CONCERNING RECOMMENDATIONS BY THE LEGISLATIVE COMMISSIONERS FOR TECHNICAL REVISIONS TO THE EDUCATION STATUTES', to make technical revisions to the education statutes.

S. B. No. 997 (RAISED) EDUCATION. 'AN ACT ESTABLISHING AN EDUCATOR PREPARATION ADVISORY COUNCIL', to establish the Educator Preparation Advisory Council to assist in the development and implementation of a system for the approval, regulation, oversight and accreditation of teacher preparation programs.

S. B. No. 998 (RAISED) EDUCATION. 'AN ACT CONCERNING REGIONAL EDUCATIONAL SERVICE CENTER BUDGETS', to improve the understanding of the budgets of regional educational service centers by requiring the budget for each regional educational service center to be a separate line item in the state budget act and to require the Department of Education to submit an annual report regarding the budgets of regional educational service centers to the General Assembly.

S. B. No. 999 (RAISED) EDUCATION. 'AN ACT CONCERNING THE TIMELY TRANSFER OF STUDENT RECORDS', to impose a financial penalty on a unified school district that fails to promptly deliver the student records of a student transferring from such unified school district to a new school district and to require school districts to immediately enroll students transferring from the unified school districts.

S. B. No. 1000 (RAISED) EDUCATION. 'AN ACT CONCERNING THE ESTABLISHMENT OF AN ACADEMICALLY GIFTED ADVANCEMENT PROGRAM', to establish an academically gifted advancement program that will permit students to test-out of grade twelve and enroll in certain colleges and universities in Connecticut.

S. B. No. 1001 (RAISED) EDUCATION. 'AN ACT CONCERNING THE DEVELOPMENT OF THE MASTER PLAN BY THE ACHIEVEMENT GAP TASK FORCE AND THE RECEIPT OF THE MASTER PLAN BY THE INTERAGENCY COUNCIL FOR ENDING THE ACHIEVEMENT GAP', to ensure that the Interagency Council for Ending the Achievement Gap has received the master plan developed by the achievement gap task force.

S. B. No. 1002 (RAISED) EDUCATION. 'AN ACT CONCERNING COMMUNITY SCHOOLS', to establish full service community schools in alliance districts with the goal of bringing together community partners to provide important student and family services at such schools.

PUBLIC SAFETY AND SECURITY

S. B. No. 1003 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING SECONDHAND DEALERS', to exclude businesses that primarily engage in buying and selling clothing or children's products from sources other than wholesalers from the licensing, record-keeping and other requirements that apply to secondhand dealers.

H. B. No. 5353 (COMM) PUBLIC SAFETY AND SECURITY. 'AN ACT REQUIRING STATE BUILDINGS TO BE ACCESSIBLE TO PERSONS WITH DISABILITIES', to give persons with disabilities equal access to state government services.

BANKS

H. B. No. 6173 (COMM) BANKS. 'AN ACT CONCERNING THE REFORM OF DEBT COLLECTION PRACTICES', to reform debt collection practices in this state.

H. B. No. 6496 (RAISED) BANKS. 'AN ACT CONCERNING THE ESTABLISHMENT OF A PUBLIC INFRASTRUCTURE BANK', to require a study of issues concerning the establishment of a public infrastructure bank in Connecticut.

CHILDREN

H. B. No. 6497 (RAISED) CHILDREN. 'AN ACT CONCERNING THE MARKETING OF FIREARMS TO YOUNG CHILDREN', to study the effects of marketing firearms to young children within the state.

H. B. No. 6498 (RAISED) CHILDREN. 'AN ACT CONCERNING CADMIUM LEVELS IN CHILDREN'S JEWELRY', to restrict the use of cadmium in children's jewelry.

H. B. No. 6499 (RAISED) CHILDREN. 'AN ACT CONCERNING THE RESULTS-BASED ACCOUNTABILITY ASSESSMENT PROGRAM AND CHILDREN'S RIGHTS', to explore the effectiveness of the United Nations Convention on the Rights of the Child and determine whether the state's children would benefit from the United States Congress ratifying the convention.

H. B. No. 6500 (RAISED) CHILDREN. 'AN ACT PROHIBITING THE PUBLICATION OF ADVERTISEMENTS FOR COMMERICAL SEXUAL ACTS THAT DEPICT A MINOR', to provide that any person who publishes, disseminates or displays any advertisement for a commercial sex act that includes a depiction of a minor shall be guilty of a class C felony.

H. B. No. 6501 (RAISED) CHILDREN. 'AN ACT CONCERNING PARENTAL ENGAGEMENT', to allow a parent, guardian or grandparent having custody of a school age child to take up to twenty hours of parental leave annually from their employment to attend qualified school-related activities involving such child.

EDUCATION

H. B. No. 6502 (RAISED) EDUCATION. 'AN ACT CONCERNING THE MEMBERSHIP OF THE PARAPROFESSIONAL ADVISORY COUNCIL', to expand the membership and responsibilities of the School Paraprofessional Advisory Council.

H. B. No. 6503 (RAISED) EDUCATION. 'AN ACT CONCERNING PUBLIC SCHOOL POOL SAFETY', to establish standards for who can teach and supervise a physical education course that makes use of a swimming pool; to require an additional supervisor of a physical education class that makes use of a pool if such class has more than twenty-five students; to require school districts to establish a swimming pool safety plan; and to require the Department of Public Health to adopt regulations to include swimming pools and natatoriums located at schools in the Public Health Code.

H. B. No. 6504 (RAISED) EDUCATION. 'AN ACT CONCERNING ALTERNATIVE SCHOOL PROGRAMS', to provide clarity and uniformity to alternative school programs offered by local and regional boards of education.

H. B. No. 6505 (RAISED) EDUCATION. 'AN ACT CONCERNING PARAMETERS FOR FEES FOR EXTRACURRICULAR ACTIVITIES AT PUBLIC SCHOOLS', to prohibit local and regional boards of education from charging fees to students who do not participate in any extracurricular activities; to limit the amount local and regional boards of education can charge for participation in athletic activities; to permit local and regional boards of education to develop student activity fee exemption policies; and to prohibit local and regional boards of education from charging any student activity fees to students who are unable to pay such fees.

H. B. No. 6506 (RAISED) EDUCATION. 'AN ACT CONCERNING STATE-FUNDED CHILD CARE FACILITIES', to continue state financial assistance to those child day care facilities and child day care centers that entered into a loan agreement prior to July 1, 2012, and whose loans are guaranteed by the state.

H. B. No. 6507 (RAISED) EDUCATION. 'AN ACT CONCERNING A SLIDING TUITION SCALE FOR PRESCHOOL PROGRAMS OFFERED AT INTERDISTRICT MAGNET SCHOOL PROGRAMS', to require the Department of Education, in consultation with the Department of Social Services, to develop a sliding tuition scale based on family income to be used in the calculation of the amount that a regional educational service center operating an interdistrict magnet school offering a preschool program may charge for tuition to the parent or guardian of a child enrolled in such preschool program.

JUDICIARY

H. B. No. 6508 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING FALSE STATEMENT', to clarify the crime of false statement.

H. B. No. 6509 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING THE MEMBERSHIP OF THE COMMISSION', to add the cochairpersons and ranking members of the Judiciary Committee to the membership of the Connecticut Sentencing Commission.

H. B. No. 6510 (RAISED) JUDICIARY. 'AN ACT CONCERNING DUTIES OF DEPARTMENT OF CORRECTION OFFICIALS AS PEACE OFFICERS', to enable Department of Correction officials, who are authorized by the Commissioner of Correction, to make arrests while in the performance of their duties.

H. B. No. 6511 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING THE ENHANCED PENALTY FOR THE SALE OR POSSESSION OF DRUGS NEAR SCHOOLS, DAY CARE CENTERS AND PUBLIC HOUSING PROJECTS', to adopt the recommendations of the Connecticut Sentencing Commission regarding the enhanced penalty for the sale or possession of drugs near schools, day care centers and public housing projects.

H. B. No. 6512 (RAISED) JUDICIARY. 'AN ACT CONCERNING MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY', to establish requirements for the maintenance and repair, and cost-sharing of such maintenance and repair, of private easements and rights-of-way.

H. B. No. 6513 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE BUDGET AND SPECIAL ASSESSMENT APPROVAL PROCESS IN COMMON INTEREST COMMUNITIES', to revise voting requirements governing the rejection or approval of proposed budgets and special assessments by unit owners in common interest communities.

PROGRAM REVIEW AND INVESTIGATIONS

H. B. No. 6514 (RAISED) PROGRAM REVIEW AND INVESTIGATIONS. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING MEDICAID PAYMENT INTEGRITY', to implement the recommendations of the Program Review and Investigations Committee regarding the establishment of annual reporting on Medicaid payment system integrity efforts.

H. B. No. 6515 (RAISED) PROGRAM REVIEW AND INVESTIGATIONS. 'AN ACT ESTABLISHING THE OFFICE FOR MAXIMIZING ALTERNATIVE REVENUE', to create an Office for Maximizing Alternative Revenue to facilitate state identification of federal and alternative funding opportunities and assist state agencies with applications for federal and alternative funding.

H. B. No. 6516 (RAISED) PROGRAM REVIEW AND INVESTIGATIONS. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE ASSESSMENT METHODOLOGY FOR THE EXPENDITURES OF THE INSURANCE DEPARTMENT AND THE OFFICE OF THE HEALTHCARE ADVOCATE', to require the Insurance Department to render with its proposed assessments to domestic insurance companies or other domestic entities liable for payment under section 38a-47 of the general statutes for the expenditures of the Insurance Department and the Office of the Healthcare Advocate a statement that includes (1) the most recent total cost of examinations or valuations assessed against the insurance companies or other entities liable to assessment under section 38a-49 or 38a-50 of the general statutes, (2) the amount of such assessment recouped to date, and (3) a clear description of the effect of such recouped amount on the proposed assessment amount.

H. B. No. 6517 (RAISED) PROGRAM REVIEW AND INVESTIGATIONS. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE INSURANCE DEPARTMENT'S DUTIES, MENTAL HEALTH PARITY COMPLIANCE CHECKS AND THE EXTERNAL REVIEW APPLICATION PROCESS', to implement the recommendations of the Legislative Program Review and Investigations Committee concerning the Insurance Department.

PUBLIC HEALTH

H. B. No. 6518 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING EMERGENCY MEDICAL SERVICES', to make changes to statutes concerning the provision of emergency medical services.

H. B. No. 6519 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE LABELING OF GENETICALLY ENGINEERED FOOD', to require the labeling of genetically engineered food.

H. B. No. 6520 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING REPORTING BY FOR-PROFIT HOSPITALS', to require for-profit hospitals to report certain information to the Office of Health Care Access.

H. B. No. 6521 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING MEDICAL ORDERS FOR LIFE-SUSTAINING TREATMENT', to allow the Commissioner of Public Health to establish a pilot program to implement the use of medical orders for life-sustaining treatment.

H. B. No. 6522 (RAISED) PUBLIC HEALTH. 'AN ACT CONCERNING THE AVAILABILITY AND USE OF CERTAIN DEVICES TO ADMINISTER ANTIEPILEPTIC MEDICATION', to ensure the availability of a DIASTAT device or other device to administer diazepam antiepileptic medication in an emergency situation.

PUBLIC SAFETY AND SECURITY

H. B. No. 6523 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING THE AUTHORITY OF FIRE CHIEFS AT CERTAIN STATE FACILITIES', to set forth the authority of the fire chiefs of fire departments at certain state facilities when another fire department or company responds to a fire or other emergency at such state facility.

H. B. No. 6524 (RAISED) PUBLIC SAFETY AND SECURITY. 'AN ACT CONCERNING BUILDING CODE ADOPTION CYCLES AND DUTIES OF BUILDING OFFICIALS', to allow less frequent revisions to the State Building Code and require building officials to ensure that inspections are done by the appropriate licensed inspectors.

ADJOURNMENT

The Senate at 10: 25 a. m. adjourned under provisions of Senate Rule 9(b) subject to the call of the chair.