JOURNAL OF THE SENATE

Wednesday, April 23, 2014

The Senate was called to order at 2: 00 p. m. , The President in the Chair.

The prayer was offered by the Acting Chaplin, Cindy Dunn, of Putnam, Connecticut.

The following is the prayer:

Dear lord, Thank you for each new morning with its light, for rest and shelter of the night for health and food for love and friends for everything thy goodness sends. Amen.

PLEDGE

Senator Stillman of the 20th, led the Senate in the pledge of Allegiance.

REPORT

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

State of Connecticut Auditors of Public Accounts. Submittal of Report Connecticut Joint Committee on Legislative Management for the Fiscal Year Ended June 30, 2012 and 2013, as Required by section 4-33a of the Connecticut General Statues. Received April 23, 2014

The report was referred to the Committees on Appropriations and Finance, Revenue and Bonding

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

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

NO NEW FILE

APPROPRIATIONS. S. B. No. 55 (RAISED) (File No. 105) AN ACT CONCERNING COMPLAINTS THAT ALLEGE MISCONDUCT BY LAW ENFORCEMENT AGENCY PERSONNEL.

APPROPRIATIONS. Substitute for S. B. No. 224 (RAISED) (File No. 421) AN ACT CONCERNING RECOMMENDATIONS OF THE SCHOOL NURSE ADVISORY COUNCIL.

FINANCE, REVENUE AND BONDING. S. B. No. 31 (File No. 418) AN ACT CONCERNING CONTINUED DELIVERY OF LEGAL SERVICES TO THE POOR.

FINANCE, REVENUE AND BONDING. S. B. No. 436 (RAISED) (File No. 460) AN ACT CONCERNING TAX ABATEMENTS TO ENCOURAGE MIXED-INCOME DEVELOPMENT.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 486 (RAISED) (File No. 435) AN ACT EXTENDING THE LAND VALUE TAXATION PILOT PROGRAM.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 27 (File No. 455) AN ACT CONCERNING CONNECTICUT'S RECYCLING AND MATERIALS MANAGEMENT STRATEGY.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 40 (RAISED) (File No. 479) AN ACT CONCERNING THE PUBLICATION OF MUNICIPAL LEGAL NOTICES IN NEWSPAPERS.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 105 (RAISED) (File No. 370) AN ACT CONCERNING SOCIAL INNOVATION INVESTMENT.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 222 (RAISED) (File No. 272) AN ACT CONCERNING THE DEFINITION OF MANAGERIAL EMPLOYEE.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 425 (RAISED) (File No. 459) AN ACT CONCERNING THE STATE EDUCATION RESOURCE CENTER.

HUMAN SERVICES. Substitute for S. B. No. 45 (RAISED) (File No. 166) AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES AND THE EDUCATION OF CHILDREN.

HUMAN SERVICES. S. B. No. 424 (RAISED) (File No. 391) AN ACT CONCERNING ACCESS TO PRESCHOOL PROGRAMS FOR CHILDREN IN THE CARE AND CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILIES.

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

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

NEW FILE

APPROPRIATIONS. Substitute for S. B. No. 26 (File Nos. 478 and 662) AN ACT EXPANDING OPPORTUNITIES FOR EARLY CHILDHOOD EDUCATION.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PASSED

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

HUMAN SERVICES. Substitute for S. B. No. 64 (RAISED) (File No. 313) AN ACT CONCERNING THE CONNECTICUT EMPLOYMENT AND TRAINING COMMISSION AND AMENDMENTS TO THE DEPARTMENT OF LABOR STATUTES.

Senator Holder-Winfield of the 10th, explained the bill and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 17 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote Senate Bill No. 64 was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

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

GARY HOLDER-WINFIELD

 

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 REPORT OF THE JOINT STANDING COMMITTEES

BILLS PASSED

The following favorable reports were taken from the table, read the third time, the report of the Committee accepted and the bills passed.

EDUCATION. Substitute for S. B. No. 220 (RAISED) (File No. 114) AN ACT CONCERNING THE INCLUSION OF THE HISTORY OF THE LABOR MOVEMENT AND FREE MARKET CAPITALISM IN THE PUBLIC SCHOOL CURRICULUM.

Senator Holder-Winfield of the 10th, explained the bill and moved adoption.

Remarking were Senators Markley of the 16th and Boucher of the 26th.

Senator Boucher of the 26th offered Senate Amendment Schedule “A” (LCO 3335) and moved adoption.

Remarking were Senators Holder-Winfield of the 10th and Frantz of the 36th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 37 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 10

Those voting Nay 26

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “A” (LCO 3335) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

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

   

N

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY HOLDER-WINFIELD

   

N

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

   

N

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

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 43, after "management" insert ", including, but not limited to, how to maintain and balance a checkbook and the risks and obligations of student loans, personal loans and home mortgages"

Remarking were Senators LeBeau of the 3rd and Musto of the 22nd.

Senator Boucher of the 26th offered Senate Amendment Schedule “B” (LCO 3336) and moved adoption.

Remarking were Senators McLachlan of the 24th, Holder-Winfield of the 10th, Looney of the 11th, Frantz of the 36th and Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 55 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 9

Those voting Nay 26

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “B” (LCO 3336) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

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

A

   

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

   

N

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY HOLDER-WINFIELD

   

N

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

   

N

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.

In line 48, after the semicolon, insert "(9) history and original intent of the United States Constitution; "

In line 48, strike "(9)" and insert in lieu thereof "(10)"

Remarking were Senators Kane of the 32nd, Welch of the 31st, Kissel of the 7th, McLachlan of the 24th, Holder-Winfield of the 10th, McKinney of the 28th, Osten of the 19th, Looney of the 11th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 06 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 25

Those voting Nay 10

Those absent and not voting 1

On the roll call vote Senate Bill No. 220 was Passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

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

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

   

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

   

N

32

ROBERT J. KANE

   

N

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

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 1

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

BANKS. S. B. No. 221 (RAISED) (File No. 115) AN ACT CONCERNING CREDIT CHECKS AND FINANCIAL INSTITUTIONS.

Senator Holder-Winfield of the 10th, explained the bill and moved adoption.

Remarking was Senator Markley of the 16th.

On the Motion of Senator Holder-Winfield of the 10th the bill was placed on the Consent Calendar No. 1.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 318 (RAISED) (File No. 280) AN ACT CONCERNING ELECTRONIC PREVAILING WAGE NOTICES, INFORMATION AND RECORDS.

Senator Holder-Winfield of the 10th, explained the bill and moved adoption.

Remarking was Senator Markley of the 16th.

On the Motion of Senator Holder-Winfield of the 10th the bill was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PASSED

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

JUDICIARY. Substitute for S. B. No. 317 (RAISED) (File No. 323) AN ACT CONCERNING EMPLOYEE PRIVACY.

Senator Holder-Winfield of the 10th, explained the bill and moved adoption.

Remarking was Senator Markley of the 16th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 17 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 28

Those voting Nay 5

Those absent and not voting 3

On the roll call vote Senate Bill No. 317 was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

A

   

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

   

N

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

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

A

   

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.

   

N

35

ANTHONY GUGLIELMO

A

   

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT ADOPTED

SENATE AMENDMENT DESIGNATED

BILL PASSED TEMPORARILY

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 70 (RAISED) (File No. 218) AN ACT CONCERNING THE GRANT OF PROPERTY INTERESTS IN PROPERTY HELD BY THE DEPARTMENTS OF AGRICULTURE AND ENERGY AND ENVIRONMENTAL PROTECTION AND THE ESTABLISHMENT OF A PUBLIC USE AND BENEFIT LAND REGISTRY.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 3928) and moved adoption.

Remarking was Senator Chapin of the 30th.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike section 1 and renumber the remaining sections and internal references accordingly:

In line 32, after the period, insert the following: "The commissioner may place conservation or preservation restrictions, as defined in section 47-42a of the general statutes, on any lands owned by the department. "

In line 69, strike "until such registry contains" and insert "with" in lieu thereof

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

"Sec. 501. (NEW) (Effective from passage) The Commissioner of Agriculture may place conservation or preservation restrictions, as defined in section 47-42a of the general statutes, on any lands owned by the department. "

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

Sec. 501

from passage

New section

Senator Meyer of the 12th offered Senate Amendment Schedule “B” (LCO 4063) and moved adoption.

Remarking was Senator Chapin of the 30th and McLachlan of the 24th.

On the motion of Senator Meyer of the 12th the bill as amended was passed temporarily with senate amendment schedule B (LCO 4063) designated.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

Substitute for S. B. No. 314 (RAISED) (File No. 230) AN ACT CONCERNING THE HERITAGE PARKS ADVISORY BOARDS.

Senator Meyer of the 12th, explained the bill and moved adoption.

Remarking were Senators Chapin of the 30th and Maynard of the 18th.

On the Motion of Senator Meyer of the 12th the bill was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT ADOPTED

BILL AS AMENDED REFERRED TO COMMITTEE ON

APPROPRIATIONS

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Appropriations.

ENVIRONMENT. S. B. No. 446 (RAISED) (File No. 392) AN ACT ESTABLISHING AN AQUATIC INVASIVE SPECIES MANAGEMENT GRANT AND PREVENTION AND EDUCATION PROGRAM.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 3857) and moved adoption.

Remarking was Senator Chapin of the 30th and McLachlan of the 24th.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 17, strike ": (1) Employ additional"

Strike lines 18 and 19

In line 20, strike "inland water bodies of this state, (2)"

In line 22, strike ", and (3)" and insert "and" in lieu thereof

On motion of Senator Meyer of the 12th, the bill as amended by Senate Amendment Schedule “A” (LCO 3857) was referred to the Committee on Appropriations.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 1

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 291 (RAISED) (File No. 120) AN ACT CONCERNING CRANE OPERATIONS.

Senator Hartley of the 15th, explained the bill and on her motion it was placed on the Consent Calendar No. 1.

GENERAL LAW. S. B. No. 290 (RAISED) (File No. 128) AN ACT CONCERNING TUITION RAFFLES.

Senator Hartley of the 15th, explained the bill and on her motion it was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT WITHDRAWN

BILL PASSED TEMPORARILY

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 70 (RAISED) (File No. 218) AN ACT CONCERNING THE GRANT OF PROPERTY INTERESTS IN PROPERTY HELD BY THE DEPARTMENTS OF AGRICULTURE AND ENERGY AND ENVIRONMENTAL PROTECTION AND THE ESTABLISHMENT OF A PUBLIC USE AND BENEFIT LAND REGISTRY. (As amended by Senate Amendment Schedule "A" (LCO 3928)).

Senator Meyer of the 12th explained the bill as amended by Senate Amendment Schedule "A" (LCO 3928) with Senate Amendment Schedule "B" (LCO 4063) designated.

Senator Meyer of the 12th, withdrew Senate Amendment Schedule "B" (LCO 4063).

On the motion of Looney of the 11th, the bill as amended by Senate Amendment Schedule "A" (LCO 3928) was passed temporarily.

RECESS

On motion of Senator Looney of the 11th, the Senate at 5: 03 p. m. recessed.

AFTER RECESS

The Senate reconvened at 6: 03 p. m. , the President in the Chair.

BILL PASSED TEMPORARILY EARLIER TODAY

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PREVIOUSLY MARKED PASSED TEMPORARILY

SENATE AMENDMENT REJECTED

SENATE AMENDMENT ADOPTED

BILL PLACED ON CONSENT CALENDAR NO. 1

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 70 (RAISED) (File No. 218) AN ACT CONCERNING THE GRANT OF PROPERTY INTERESTS IN PROPERTY HELD BY THE DEPARTMENTS OF AGRICULTURE AND ENERGY AND ENVIRONMENTAL PROTECTION AND THE ESTABLISHMENT OF A PUBLIC USE AND BENEFIT LAND REGISTRY.

Senator Meyer of the 12th who was on the prevailing side for the vote on Senate Amendment Schedule "A" and moved for reconsideration.

On a voice vote the reconsideration was adopted.

Senator Meyer of the 12th moved for rejection of Senate Amendment Schedule "A".

On a voice vote the amendment was rejected.

Senator Meyer of the 12th offered Senate Amendment Schedule “C” (LCO 4107) and moved adoption.

One a voice vote the amendment was adopted.

The following is the Amendment.

Strike section 1 in its entirety and renumber the remaining sections and internal references accordingly

In line 32, after the period, insert the following: "The commissioner may place conservation or preservation restrictions, as defined in section 47-42a of the general statutes, on any lands owned by the department. "

In line 49, strike "water"

In line 50, strike "companies" and insert "state-owned water supply lands" in lieu thereof

In line 69, strike "until such registry contains" and insert "with" in lieu thereof

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

"Sec. 501. (NEW) (Effective from passage) The Commissioner of Agriculture may place conservation or preservation restrictions, as defined in section 47-42a of the general statutes, on any lands owned by the department. "

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

Sec. 501

from passage

New section

On the motion of Senator Meyer of the 12th bill as amended by Senate Amendment Schedule "C" (LCO 4107) was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

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.

JUDICIARY. Substitute for S. B. No. 47 (RAISED) (File No. 10) AN ACT CONCERNING SECOND PARENT ADOPTION.

Senator Bartolomeo of the 13th, explained the bill and moved adoption.

Remarking were Senators Linares of the 33rd and Welch of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6: 30 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 33

Those voting Nay 3

Those absent and not voting 0

On the roll call vote Senate Bill No. 47 was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

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

GARY HOLDER-WINFIELD

 

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

 

Y

 

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

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT DESIGNATED

BILL PASSED TEMPORARILY

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

EDUCATION. S. B. No. 46 (RAISED) (File No. 104) AN ACT CONCERNING PESTICIDES ON SCHOOL GROUNDS.

Senator Bartolomeo of the 13th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4006) and moved adoption.

Remarking were Senators Cassano of the 4th and Meyer of the 12th.

On the motion of Senator Looney of the 11th the bill was passed temporarily with Senate Amendment Schedule "A" (LCO 4006) designated.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

HOUSING. Substitute for S. B. No. 363 (RAISED) (File No. 179) AN ACT TRANSFERRING FUNDS DEPOSITED IN THE COMMUNITY INVESTMENT ACCOUNT TO THE DEPARTMENT OF HOUSING.

Senator Bartolomeo of the 13th, explained the bill and moved adoption.

Remarking was Senator McLachlan of the 24th.

On the Motion of Senator Bartolomeo of the 13th, the bill was placed on the Consent Calendar No. 1.

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

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

NO NEW FILE

HOUSING. S. B. No. 215 (RAISED) (File No. 112) AN ACT PROVIDING VETERANS' PREFERENCES IN THE RENTAL ASSISTANCE PROGRAM AND HOUSING AUTHORITY PROJECTS.

HUMAN SERVICES. Substitute for S. B. No. 152 (RAISED) (File No. 607) AN ACT CONCERNING COURT SUPPORT SERVICES.

HUMAN SERVICES. Substitute for S. B. No. 458 (RAISED) (File No. 614) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TASK FORCE TO STUDY METHODS FOR IMPROVING THE COLLECTION OF PAST DUE CHILD SUPPORT.

HUMAN SERVICES. Substitute for S. B. No. 492 (RAISED) (File No. 618) AN ACT CONCERNING THE REPORTING OF SUSPECTED CHILD ABUSE BY PERSONS WHO ARE DIRECTORS, OFFICERS OR EMPLOYEES OF NONPROFIT CORPORATIONS.

JUDICIARY. Substitute for S. B. No. 72 (RAISED) (File No. 367) AN ACT CONCERNING LIABILITY FOR THE GROWING OF RUNNING BAMBOO.

JUDICIARY. Substitute for S. B. No. 179 (RAISED) (File No. 169) AN ACT CONCERNING THE ALZHEIMER'S DISEASE AND DEMENTIA TASK FORCE'S RECOMMENDATIONS ON TRAINING.

JUDICIARY. Substitute for S. B. No. 194 (RAISED) (File No. 375) AN ACT CONCERNING RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENTS FOR DOMESTIC INSURERS.

JUDICIARY. S. B. No. 350 (RAISED) (File No. 385) AN ACT CONCERNING THE STATE-WIDE PROCESS IMPROVEMENT INITIATIVE.

JUDICIARY. Substitute for S. B. No. 373 (RAISED) (File No. 386) AN ACT CONCERNING THE UNIFORM COMMERCIAL CODE, THE ELECTRONIC FUND TRANSFER ACT AND THE ISSUANCE OF SUBPOENAS ON A NONPARTY WITNESS.

JUDICIARY. Substitute for S. B. No. 412 (RAISED) (File No. 330) AN ACT CONCERNING THE ENFORCEMENT OF CERTAIN OCCUPATIONAL LICENSING STATUTES.

JUDICIARY. Substitute for S. B. No. 479 (RAISED) (File No. 394) AN ACT CONCERNING THE ENFORCEMENT OF PAYMENTS OF ASSESSMENTS AND USER FEES TO THE CONNECTICUT HEALTH INSURANCE EXCHANGE.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 106 (RAISED) (File No. 315) AN ACT CONCERNING IMPROVING EMPLOYMENT OPPORTUNITIES THROUGH EDUCATION AND ENSURING SAFE SCHOOL CLIMATES.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 304 (RAISED) (File No. 381) AN ACT MAXIMIZING JOBS FOR STATE WORKERS BY REQUIRING LOCAL CONSTRUCTION HIRING REPORTS BY RECIPIENTS OF ECONOMIC DEVELOPMENT FUNDS.

PUBLIC HEALTH. S. B. No. 294 (RAISED) (File No. 177) AN ACT CONCERNING CRIMINAL BACKGROUND CHECKS AND THE DEPARTMENTS OF CHILDREN AND FAMILIES AND DEVELOPMENTAL SERVICES.

PUBLIC HEALTH. Substitute for S. B. No. 464 (RAISED) (File No. 433) AN ACT CONCERNING THE ADMINISTRATION OF HAIR FOLLICLE DRUG TESTING BY CLINICAL LABORATORIES.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT DESIGNATED

BILL PASSED TEMPORARILY

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

INSURANCE AND REAL ESTATE. S. B. No. 192 (RAISED) (File No. 61) AN ACT CONCERNING THE QUALIFICATIONS OF CLINICAL PEERS FOR ADVERSE DETERMINATION REVIEWS.

Senator Crisco of the 17th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3755) and moved adoption.

On the motion of Senator Looney of the 11th the bill was passed temporarily with Senate Amendment Schedule "A" (LCO 3755) designated.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

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.

PLANNING AND DEVELOPMENT. S. B. No. 198 (RAISED) (File No. 62) AN ACT CONCERNING THE CLAIMS DATA PROVIDED TO CERTAIN EMPLOYERS.

Senator Crisco of the 17th, explained the bill and moved adoption.

Remarking was Senator Kelly of the 21st.

Senator Kelly of the 21st, offered Senate Amendment Schedule “A” (LCO 3455) and moved adoption.

Remarking was Senator Crisco of the 17th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7: 25 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “A” (LCO 3455) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

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

GARY HOLDER-WINFIELD

 

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.

In line 55, before "(1)" insert an opening bracket

In line 56, after "information" insert a closing bracket and after the closing bracket insert "Information"

In line 60, before "(2)" insert an opening bracket

In line 63, after "information. " insert a closing bracket

Senator Kelly of the 21st, offered Senate Amendment Schedule “B” (LCO 3459) and moved adoption.

Remarking were Senators Crisco of the 17th, Welch of the 31st and McLachlan of the 24th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7: 50 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 12

Those voting Nay 23

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “B” (LCO 3459) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

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

   

N

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY HOLDER-WINFIELD

A

   

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.

In line 24, before "Not" insert an opening bracket and after "provide" insert a closing bracket, and after the closing bracket insert "Provide"

In line 25, after "policy" insert "if requested by such employer"

In line 28, before "request" strike the opening bracket and after "request" strike "] provision of such information"

On the motion of Senator Looney of the 11th, the bill was passed temporarily

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

JUDICIARY. Substitute for S. B. No. 258 (RAISED) (File No. 118) AN ACT CONCERNING BAD FAITH CLAIMS OR ASSERTIONS OF PATENT INFRINGEMENT.

Senator Coleman of the 2nd, explained the bill, offered Senate Amendment Schedule “A” (LCO 3936) and moved adoption.

Remarking were Senators Kissel of the 7th and Fasano of the 34th.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 16, after "organization" insert "or company"

In line 19, after "developed" insert "or owned"

In line 55, after "deceptive", insert "or vague"

After line 87, insert the following and reletter the remaining subsections accordingly:

"(f) There shall be a rebuttable presumption that any claim or assertion of patent infringement made by or on behalf of an institution of higher education or a technology transfer organization was made in good faith. "

In line 101, after "brought", insert "by a target"

After the period in line 118, insert:

"(j) The provisions of this section shall not apply to an owner of the patent who is using such patent in connection with the production, manufacturing, processing or delivery of products or materials. "

Remarking were Senators Looney of the 11th, Kissel of the 7th and Frantz of the 36th.

On the motion of Senator Coleman of the 2nd, the bill as amended by Senate Amendment "A" (LCO 3936) was placed on the Consent Calendar No. 1.

SUSPENSION OF THE RULES

TO TAKE UP ITEM FROM SENATE AGENDA NO. 1

MATTER REFERRED TO COMMITTEE ON

APPROPRIATIONS

Senator Looney of the 11th moved for suspension of the rules to take up an item on Senate Agenda No. 1 and the following matter was referred to the Committee on Appropriations.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 105 (RAISED) (File No. 370) AN ACT CONCERNING SOCIAL INNOVATION INVESTMENT.

Senator Looney of the 11th moved immediate transmittal of the bills to the Appropriations Committees.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

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.

GENERAL LAW. Substitute for S. B. No. 153 (RAISED) (File No. 167) AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION WITH RESPECT TO CERTIFICATES OF REHABILITATION.

Senator Coleman of the 2nd, explained the bill and moved adoption.

Remarking were Senators Kissel of the 7th Ayala of the 23rd, McLachlan of the 24th and Welch of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 29 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote Senate Bill No. 153 was Passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

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

GARY HOLDER-WINFIELD

 

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 COMMITTEES

SENATE AMENDMENT ADOPTED

BILL AS AMENDED REFERRED TO COMMITTEE ON

APPROPRIATIONS

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Appropriations.

PUBLIC HEALTH. Substitute for S. B. No. 35 (File No. 419) AN ACT CONCERNING NOTICE OF ACQUISITIONS, JOINT VENTURES AND AFFILIATIONS OF GROUP MEDICAL PRACTICES.

Senator Gerratana of the 6th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4106) and moved adoption.

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. Section 19a-630 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

As used in this chapter, unless the context otherwise requires:

(1) "Affiliate" means a person, entity or organization controlling, controlled by or under common control with another person, entity or organization. Affiliate does not include a medical foundation organized under chapter 594b.

(2) "Applicant" means any person or health care facility that applies for a certificate of need pursuant to section 19a-639a.

(3) "Bed capacity" means the total number of inpatient beds in a facility licensed by the Department of Public Health under sections 19a-490 to 19a-503, inclusive.

(4) "Capital expenditure" means an expenditure that under generally accepted accounting principles consistently applied is not properly chargeable as an expense of operation or maintenance and includes acquisition by purchase, transfer, lease or comparable arrangement, or through donation, if the expenditure would have been considered a capital expenditure had the acquisition been by purchase.

(5) "Certificate of need" means a certificate issued by the office.

(6) "Days" means calendar days.

(7) "Deputy commissioner" means the deputy commissioner of Public Health who oversees the Office of Health Care Access division of the Department of Public Health.

(8) "Commissioner" means the Commissioner of Public Health.

(9) "Free clinic" means a private, nonprofit community-based organization that provides medical, dental, pharmaceutical or mental health services at reduced cost or no cost to low-income, uninsured and underinsured individuals.

(10) "Health care facility" means (A) hospitals licensed by the Department of Public Health under chapter 368v; (B) specialty hospitals; (C) freestanding emergency departments; (D) outpatient surgical facilities, as defined in section 19a-493b and licensed under chapter 368v; (E) a hospital or other facility or institution operated by the state that provides services that are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended; (F) a central service facility; (G) mental health facilities; (H) substance abuse treatment facilities; and (I) any other facility requiring certificate of need review pursuant to subsection (a) of section 19a-638. "Health care facility" includes any parent company, subsidiary, affiliate or joint venture, or any combination thereof, of any such facility.

(11) "Hospital" means a hospital licensed by the Department of Public Health under chapter 368v.

(12) "Medical foundation" means a medical foundation formed under chapter 594b.

[(11)] (13) "Nonhospital based" means located at a site other than the main campus of the hospital.

[(12)] (14) "Office" means the Office of Health Care Access division within the Department of Public Health.

[(13)] (15) "Person" means any individual, partnership, corporation, limited liability company, association, governmental subdivision, agency or public or private organization of any character, but does not include the agency conducting the proceeding.

[(14)] (16) "Transfer of ownership" means a transfer that impacts or changes the governance or controlling body of a health care facility or institution, including, but not limited to, all affiliations, mergers or any sale or transfer of net assets of a health care facility.

Sec. 502. Subsection (a) of section 19a-638 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) A certificate of need issued by the office shall be required for:

(1) The establishment of a new health care facility;

(2) A transfer of ownership of a health care facility;

(3) A transfer of ownership of a group practice, as defined in section 1 of this act, to (A) a hospital, (B) a health system, as defined in section 33-182aa, (C) a hospital system, as defined in section 1 of this act, (D) a captive professional entity, as defined in section 1 of this act, (E) a medical foundation, or (F) any other entity that is owned by, or an affiliate of, a hospital;

[(3)] (4) The establishment of a freestanding emergency department;

[(4)] (5) The termination of inpatient or outpatient services offered by a hospital, including, but not limited to, the termination by a short-term acute care general hospital or children's hospital of inpatient and outpatient mental health and substance abuse services;

[(5)] (6) The establishment of an outpatient surgical facility, as defined in section 19a-493b, or as established by a short-term acute care general hospital;

[(6)] (7) The termination of surgical services by an outpatient surgical facility, as defined in section 19a-493b, or a facility that provides outpatient surgical services as part of the outpatient surgery department of a short-term acute care general hospital, provided termination of outpatient surgical services due to (A) insufficient patient volume, or (B) the termination of any subspecialty surgical service, shall not require certificate of need approval;

[(7)] (8) The termination of an emergency department by a short-term acute care general hospital;

[(8)] (9) The establishment of cardiac services, including inpatient and outpatient cardiac catheterization, interventional cardiology and cardiovascular surgery;

[(9)] (10) The acquisition of computed tomography scanners, magnetic resonance imaging scanners, positron emission tomography scanners or positron emission tomography-computed tomography scanners, by any person, physician, provider, short-term acute care general hospital or children's hospital, except as provided for in subdivision (22) of subsection (b) of this section;

[(10)] (11) The acquisition of nonhospital based linear accelerators;

[(11)] (12) An increase in the licensed bed capacity of a health care facility;

[(12)] (13) The acquisition of equipment utilizing technology that has not previously been utilized in the state;

[(13)] (14) An increase of two or more operating rooms within any three-year period, commencing on and after October 1, 2010, by an outpatient surgical facility, as defined in section 19a-493b, or by a short-term acute care general hospital; and

[(14)] (15) The termination of inpatient or outpatient services offered by a hospital or other facility or institution operated by the state that provides services that are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended.

Sec. 503. Section 19a-639 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) In any deliberations involving a certificate of need application filed pursuant to section 19a-638, as amended by this act, the office shall take into consideration and make written findings concerning each of the following guidelines and principles:

(1) Whether the proposed project is consistent with any applicable policies and standards adopted in regulations by the Department of Public Health;

(2) The relationship of the proposed project to the state-wide health care facilities and services plan;

(3) Whether there is a clear public need for the health care facility or services proposed by the applicant;

(4) Whether the applicant has satisfactorily demonstrated how the proposal will impact the financial strength of the health care system in the state or that the proposal is financially feasible for the applicant;

(5) Whether the applicant has satisfactorily demonstrated how the proposal will improve quality, accessibility and cost effectiveness of health care delivery in the region, including, but not limited to, (A) provision of or any change in the access to services for Medicaid recipients and indigent persons, and (B) the impact upon the cost effectiveness of providing access to services provided under the Medicaid program;

(6) The applicant's past and proposed provision of health care services to relevant patient populations and payer mix, including, but not limited to, access to services by Medicaid recipients and indigent persons;

(7) Whether the applicant has satisfactorily identified the population to be served by the proposed project and satisfactorily demonstrated that the identified population has a need for the proposed services;

(8) The utilization of existing health care facilities and health care services in the service area of the applicant;

(9) Whether the applicant has satisfactorily demonstrated that the proposed project shall not result in an unnecessary duplication of existing or approved health care services or facilities; [and]

(10) Whether an applicant, who has failed to provide or reduced access to services by Medicaid recipients or indigent persons, has demonstrated good cause for doing so, which shall not be demonstrated solely on the basis of differences in reimbursement rates between Medicaid and other health care payers;

(11) Whether the applicant has satisfactorily demonstrated that the proposal will not negatively impact the diversity of health care providers and patient choice in the geographic region; and

(12) Whether the applicant has satisfactorily demonstrated that any consolidation of market share resulting from the proposal will not adversely affect health care costs.

(b) The office, as it deems necessary, may revise or supplement the guidelines and principles through regulation prescribed in subsection (a) of this section. "

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

Sec. 501

July 1, 2014

19a-630

Sec. 502

July 1, 2014

19a-638(a)

Sec. 503

July 1, 2014

19a-639

On the motion of Senator Looney of the 11th, the bill as amended by Senate Amendment "A" (LCO 4106) was referred to the Committee on Appropriations.

Senator Looney of the 11th moved immediate transmittal of the bill to the committee indicated.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

PUBLIC HEALTH. Substitute for S. B. No. 257 (RAISED) (File No. 422) AN ACT CONCERNING HEPATITIS C TESTING.

Senator Gerratana of the 6th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3773) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike lines 28 to 33, inclusive, in their entirety.

Remarking was Senator Welch of the 31st.

On the motion of Senator Gerratana of the 6th, the bill as amended by Senate Amendment "A" (LCO 3773) was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

JUDICIARY. S. B. No. 295 (RAISED) (File No. 121) AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATION REGARDING WAIVER OF SOVEREIGN IMMUNITY.

Senator Gerratana of the 6th, explained the bill and moved adoption.

Remarking was Senator Welch of the 31st.

On the Motion of Senator Gerratana of the 6th, the bill was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 1

On motion of Senator Looney of the 11th, the following bills which were starred for action were placed on the Consent Calendar No. 1 in accordance with Senate Rule 31.

PLANNING AND DEVELOPMENT. S. B. No. 156 (RAISED) (File No. 109) AN ACT CONCERNING THE DESECRATION OF PROPERTY LOCATED IN A CEMETERY.

JUDICIARY. Substitute for S. B. No. 262 (RAISED) (File No. 539) AN ACT CONCERNING APPLICATIONS FOR THE PRETRIAL ALCOHOL EDUCATION PROGRAM.

JUDICIARY. Substitute for S. B. No. 411 (RAISED) (File No. 541) AN ACT CONCERNING REVISIONS TO THE CONNECTICUT BUSINESS CORPORATION ACT.

JUDICIARY. Substitute for S. B. No. 463 (RAISED) (File No. 543) AN ACT CONCERNING THE APPOINTMENT OF A CONSERVATOR FOR A PERSON WITH INTELLECTUAL DISABILITY.

JUDICIARY. Substitute for S. B. No. 154 (RAISED) (File No. 563) AN ACT CONCERNING PROBATE COURT OPERATIONS.

JUDICIARY. S. B. No. 493 (RAISED) (File No. 599) AN ACT CONCERNING THE REVISOR'S TECHNICAL CORRECTIONS TO THE GENERAL STATUTES.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 1

On motion of Senator Looney of the 11th, the following resolutions which were starred for action were placed on the Consent Calendar No. 1 in accordance with Senate Rule 31.

JUDICIARY. H. J. No. 66 RESOLUTION CONFIRMING THE NOMINATION OF NANCY E. SALERNO OF MIDDLEBURY TO BE A WORKERS' COMPENSATION COMMISSIONER. In concurrence with the house.

JUDICIARY. H. J. No. 67 RESOLUTION CONFIRMING THE NOMINATION OF ERNIE R. WALKER OF WEST HARTFORD TO BE A WORKERS' COMPENSATION COMMISSIONER. 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 9: 45 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

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

 

Y

 

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

GARY HOLDER-WINFIELD

 

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

MATTERS REFERRED TO COMMITTEE ON

APPROPRIATIONS

On motion of Senator Looney of the 11th, the following matters were referred to the Committee on Appropriations.

EDUCATION. Substitute for S. B. No. 282 (RAISED) (File No. 378) AN ACT CONCERNING THE INCLUSION OF TEEN DATING VIOLENCE AWARENESS AND PREVENTION AND THE SAFE USE OF SOCIAL MEDIA IN THE PUBLIC SCHOOL CURRICULUM AND THE AVAILABILITY OF AN ON-LINE STUDY SKILLS CURRICULUM.

JUDICIARY. Substitute for S. B. No. 462 (RAISED) (File No. 615) AN ACT CONCERNING CIVIL RESTRAINING AND PROTECTIVE ORDERS.

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 5480 (RAISED) (File No. 409) AN ACT CONCERNING REGISTRARS OF VOTERS, THE AUTHORITY OF THE SECRETARY OF THE STATE AND THE STATE ELECTIONS ENFORCEMENT COMMISSION, AND THE POSTING OF REQUIREMENTS FOR VOTER IDENTIFICATION.

EDUCATION. Substitute for S. B. No. 25 (File No. 417) AN ACT ESTABLISHING THE OFFICE OF EARLY CHILDHOOD.

BUSINESS ON THE CALENDAR

MATTERS REFERRED TO COMMITTEE ON

FINANCE, REVENUE AND BONDING

On motion of Senator Looney of the 11th, the following matters were referred to the Committee on Finance, Revenue and Bonding.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 419 (RAISED) (File No. 429) AN ACT CONCERNING HOSPITAL AND WELLNESS ENTERPRISE ZONES.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 484 (RAISED) (File No. 434) AN ACT CONCERNING MUNICIPAL ASSESSMENTS OF PROPERTY USED FOR WHOLESALE AND RETAIL BUSINESS USE.

BUSINESS ON THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

GOVERNMENT ADMINISTRATION AND ELECTIONS

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Government Administration and Elections.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 312 (RAISED) (File No. 423) AN ACT CONCERNING A LONG ISLAND SOUND RESOURCE AND USE INVENTORY AND A LONG ISLAND SOUND BLUE PLAN. (As amended by Senate Amendment Schedule "A").

IMMEDIATE TRANSMITTAL TO THE COMMITTEES

Senator Looney of the 11th moved immediate transmittal of all bills to the committees indicated.

BUSINESS ON THE CALENDAR

MATTER PLACED ON FOOT OF THE CALENDAR

On motion of Senator Looney of the 11th, the following matter was placed on the foot of the calendar:

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 353 (RAISED) (File No. 325) AN ACT CONCERNING THE DEVELOPMENT OF CLASS I RENEWABLE ENERGY SOURCE PROJECTS.

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 9: 46 p. m. adjourned subject to the call of the chair.