JOURNAL OF THE SENATE

Wednesday, April 30, 2014

The Senate was called to order at 1: 33 p. m. , The President in the Chair.

The prayer was offered by Acting Chaplain, Hugh MacKenzie of Chaplin, Connecticut.

The following is the prayer:

Let us pray: God, Please grant us the serenity to accept the things we cannot change, Courage to change the things we can, and the wisdom to know the difference. May thy will, not ours, be done. Amen

PLEDGE

Senator Ayala of the 23rd, led the Senate in the pledge of Allegiance.

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. 437 (RAISED) (File Nos. 520 and 712) AN ACT CONCERNING THE PRACTICE OF NATUREOPATHY.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILLS

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

APPROPRIATIONS. Substitute for H. B. No. 5353 (RAISED) (File Nos. 363 and 713) AN ACT CONCERNING MORTGAGE SERVICERS, CONNECTICUT FINANCIAL INSTITUTIONS, CONSUMER CREDIT LICENSES, THE FORECLOSURE MEDIATION PROGRAM, MINOR REVISIONS TO THE BANKING STATUTES, THE MODERNIZATION OF CORPORATION LAW AND REVERSE MORTGAGE TRANSACTIONS. (As amended by House Amendment Schedule "A").

APPROPRIATIONS. Substitute for H. B. No. 5361 (RAISED) (File Nos. 249, 671 and 722) AN ACT CONCERNING A PLAN FOR PARTICIPATION IN A STATE AUTHORIZATION RECIPROCITY AGREEMENT REGARDING DISTANCE LEARNING PROGRAMS. (As amended by House Amendment Schedule "A").

APPROPRIATIONS. Substitute for H. B. No. 5500 (RAISED) (File Nos. 355, 674 and 714) AN ACT CONCERNING PROVIDER AUDITS UNDER THE MEDICAID PROGRAM. (As amended by House Amendment Schedule "A").

APPROPRIATIONS. Substitute for H. B. No. 5521 (RAISED) (File Nos. 473 and 715) AN ACT CONCERNING THE STORAGE AND ADMINISTRATION OF EPINEPHRINE AT PUBLIC SCHOOLS. (As amended by House Amendment Schedule "A").

COMMITTEE ON CHILDREN. H. B. No. 5305 (RAISED) (File Nos. 141 and 720) AN ACT CONCERNING CADMIUM LEVELS IN CHILDREN'S JEWELRY. (As amended by House Amendment Schedule "A").

EDUCATION. Substitute for H. B. No. 5375 (RAISED) (File Nos. 209 and 724) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE ON THE REEMPLOYMENT OF OLDER WORKERS CONCERNING THE TECHNICAL HIGH SCHOOL SYSTEM. (As amended by House Amendment Schedule "A").

ENVIRONMENT. Substitute for H. B. No. 5085 (RAISED) (File Nos. 464 and 717) AN ACT CONCERNING SHELLFISH GROUNDS LEASES, THE STEALING OF SHELLFISH, SHELLFISH RECALLS AND THE TAKING OF EASTERN OYSTERS. (As amended by House Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. H. B. No. 5471 (RAISED) (File No. 497) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL AND MINOR CHANGES TO TAXATION AND RELATED STATUTES.

GENERAL LAW. Substitute for H. B. No. 5425 (RAISED) (File No. 215) AN ACT CONCERNING THE SALE OF FARM WINERY BRANDY.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5312 (RAISED) (File No. 246) AN ACT REQUIRING AN ONLINE EXPLANATION BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES OF ANY CONTRACT EXTENDED WITHOUT USING COMPETITIVE BIDDING.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 5241 (RAISED) (File Nos. 340 and 718) AN ACT REQUIRING A STUDY OF A PAY-IT-FORWARD COLLEGE PAYMENT PLAN. (As amended by House Amendment Schedule "A").

JUDICIARY. H. B. No. 5219 (RAISED) (File No. 547) AN ACT CONCERNING MAINTENANCE OF PRIVATE EASEMENTS AND RIGHTS-OF-WAY.

JUDICIARY. Substitute for H. B. No. 5340 (RAISED) (File Nos. 93 and 721) AN ACT CONCERNING THE LIABILITY OF A LANDOWNER WHO PERMITS MAPLE-SUGARING ACTIVITIES ON THE LAND. (As amended by House Amendment Schedule "A").

JUDICIARY. H. B. No. 5556 (RAISED) (File No. 634) AN ACT CONCERNING FEES RECEIVED BY OFFICERS AND PERSONS SERVING PROCESS AND PERFORMING OTHER DUTIES.

JUDICIARY. Substitute for H. B. No. 5592 (RAISED) (File Nos. 635 and 716) AN ACT CONCERNING THE TIME LIMITATION FOR PROSECUTING A MOTOR VEHICLE VIOLATION OR OFFENSE THAT RESULTS IN THE DEATH OF ANOTHER PERSON. (As amended by House Amendment Schedule "A").

LABOR AND PUBLIC EMPLOYEES. Substitute for H. B. No. 5453 (RAISED) (File Nos. 305 and 726) AN ACT CONCERNING EMPLOYERS AND HOME CARE WORKERS. (As amended by House Amendment Schedule "A").

PUBLIC HEALTH. Substitute for H. B. No. 5384 (RAISED) (File Nos. 442 and 725) AN ACT CONCERNING REPORTS OF NURSE STAFFING LEVELS. (As amended by House Amendment Schedule "A").

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5368 (RAISED) (File Nos. 204 and 723) AN ACT ESTABLISHING THE POINT STRATFORD INFRASTRUCTURE IMPROVEMENT DISTRICT WITHIN THE TOWN OF STRATFORD. (As amended by House Amendment Schedule "A").

TRANSPORTATION. Substitute for H. B. No. 5299 (RAISED) (File Nos. 153 and 719) AN ACT CONCERNING THE FINDINGS OF THE MILITARY OCCUPATIONAL SPECIALTY TASK FORCE. (As amended by House Amendment Schedule "A").

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE JOINT RESOLUTION

The following favorable report of the Joint Standing Committees was received from the House, read the second time and tabled for the calendar.

JUDICIARY. H. J. No. 42 (COMM) (File No. 558) RESOLUTION CONFIRMING THE DECISION OF THE CLAIMS COMMISSIONER TO DISMISS THE CLAIM AGAINST THE STATE OF STEVEN NASH, SUCCESSOR CONSERVATOR OF CHARLA NASH.

BUSINESS ON THE CALENDAR

ORDER OF THE DAY

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILLS PASSED

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

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5055 (File Nos. 197 and 644) AN ACT ELIMINATING MUNICIPAL MANDATES. (As amended by House Amendment Schedule "A").

Senator Osten of the 19th, explained the bill as amended and moved passage.

Remarking were Senators Ayala of the 23rd, Musto of the 22nd, Welch of the 31st, Kane of the 32nd, Witkos of the 8th and Boucher of the 26th.

Senator Boucher of the 26th offered Senate Amendment Schedule “A” (LCO 4724) and moved adoption.

Remarking were Senators Osten of the 19th, Boucher of the 26th, Witkos of the 8th, McLachlan of the 24th, Welch of the 31st, Markley of the 16th and Kane of the 32nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 05 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 21

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “A” (LCO 4724) 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

 

Y

 

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

A

   

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.

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

"Sec. 501. (Effective from passage) (a) Notwithstanding the provisions of section 9-438 of the general statutes, there is established a pilot program to permit the registrars of voters for the municipalities of Avon, Bethel, New Canaan, Redding, Ridgefield, Simsbury, Weston, Westport and Wilton to reduce the number of polling places required under section 9-438 of the general statutes. The registrars of voters shall designate such polling place or places not later than sixty days prior to a primary held under sections 9-382 to 9-450, inclusive, of the general statutes, the location of which may be the same as or different from the location of polling places required under section 9-438 of the general statutes. Not earlier than sixty days prior to such primary, but not later than forty-five days prior to such primary, the registrars of voters shall notify the Secretary of the State and the candidates seeking nomination to an office in such primary of the change in the polling place or places. If a candidate petitions for nomination to an office after the registrars of voters have notified candidates of such change, the registrars shall immediately notify the petitioning candidate of such change. If any candidate objects to a change in the polling place or places, the candidate shall notify the Secretary of such objection not later than four o'clock p. m. on the thirtieth day prior to the primary. Such notification from the candidate shall be in the form of a written letter, signed by the candidate, and shall be held confidential by the Secretary. The Secretary shall promptly notify such registrars of voters and any candidate seeking nomination to an office in such primary that the Secretary has received a letter of objection, which notification shall not identify the candidate who objected. If such a candidate so objects, or if a municipality's registrars of voters cannot agree upon a polling place or places for a primary, the polling place or places shall be the same as those used for the election to be held. Not later than twenty-five days prior to a primary, the registrars of voters shall send notification of the polling place for the primary, by mail, to each elector whose polling place for the primary will be different than the elector's polling place for the election, except that no registrar of voters shall be required to so notify an elector for any subsequent primary, provided the primary polling place for such elector remains the same as that which was provided for in the initial notification. If any polling place that would otherwise be open pursuant to section 9-438 of the general statutes is closed pursuant to this subsection, the registrars of voters shall ensure that a sign is posted at such polling place providing electors with information to redirect the electors to the open polling place or places for the primary. When unaffiliated electors are authorized under section 9-431 of the general statutes to vote in the primary of either of two parties, both parties shall hold their primaries in the same room of each such polling place. Notwithstanding any provision of title 7 or title 9 of the general statutes, any special act, charter or ordinance, if the number of polling places is reduced pursuant to the provisions of this subsection, the number of moderators required for such primary may be reduced, if the registrars of voters so agree, provided at least one certified moderator serves each polling place.

(b) The pilot program established pursuant to subsection (a) of this section shall terminate July 1, 2016. Not later than January 1, 2017, if any municipality listed in subsection (a) of this section participated in said pilot program, the registrars of voters for such municipality shall report to the joint standing committee of the General Assembly having cognizance of matters relating to elections on any issues encountered in carrying out the provisions of subsection (a) of this section, the resolution of such issues and the estimated amount of money saved by the municipality through a reduction of polling places pursuant to subsection (a) of this section. "

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

Sec. 501

from passage

New section

Senator Kane of the 32nd offered Senate Amendment Schedule “B” (LCO 4723) and moved adoption.

Remarking were Senators Osten of the 19th, Frantz of the 36th, Boucher of the 26th and Musto of the 22nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 45 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 8

Those voting Nay 26

Those absent and not voting 2

On the roll call vote Seante Amendment Schedule “B” (LCO 4723) 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

A

   

3

GARY LEBEAU

   

N

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

   

N

7

JOHN A. KISSEL

   

N

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

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

 

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

A

   

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.

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

"Sec. 501. Section 12-651 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) A tax is imposed on any marijuana or controlled substances purchased, acquired, transported or imported into the state. Payment thereof shall be evidenced by the permanent affixing of stamps on the marijuana or controlled substance immediately after receipt. Each stamp or other official indicia may be used only once.

(b) The tax imposed pursuant to this section shall be at the following rates: (1) On each gram of marijuana or portion of a gram, three dollars and fifty cents, and (2) on each gram of a controlled substance, or portion of a gram, two hundred dollars or on each fifty dosage units of a controlled substance that is not sold by weight, or portion thereof, two thousand dollars. For the purpose of calculating the tax due under this section, an ounce of marijuana or other controlled substance is measured by the weight of the substance in the dealer's possession.

(c) Any tax imposed pursuant to this section is due and payable immediately upon acquisition or possession in this state by a dealer.

(d) Notwithstanding the provisions of this chapter, any municipality having a population of less than seventy-five thousand may collect the tax imposed pursuant to this section on any marijuana or controlled substance that is seized in such municipality by a law enforcement officer as a result of a lawful arrest of a dealer or a lawful search of the real or personal property of a dealer, provided (1) such tax is due and payable, (2) the chief of police of such municipality or, if such municipality does not have an organized police department, the chief elected official of such municipality, notifies the commissioner of such municipality's intent to collect such tax, and (3) the municipality complies with the provisions of subsection (e) of this section. The full amount of any tax collected pursuant to this subsection may be retained by such municipality.

(e) Before a municipality may collect any tax imposed pursuant to this section, the chief elected official of such municipality shall appoint one or more hearing officers, other than police officers or persons who work in the police department, to hear the petitions of aggrieved taxpayers and shall establish by ordinance a hearing procedure following the timelines and requirements set forth in section 12-553. The provisions of sections 12-553 and 12-554, adapted accordingly, shall apply to hearings before and appeals from a municipality under this section.

Sec. 502. Section 12-655 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) Each dealer shall keep complete and accurate records of all marijuana or controlled substances on which a tax is imposed. Such records shall be a kind and in such form as the commissioner may prescribe and shall be preserved for three years in such manner as to insure permanency and accessibility for inspection by the commissioner or his authorized agents. The commissioner and his authorized agents and any municipality collecting a tax pursuant to section 12-651, as amended by this act, may examine the books, papers and records of any dealer for the purpose of determining whether the tax imposed by this chapter has been paid and may examine any marijuana or controlled substances upon any premises where such marijuana or controlled substances are possessed to determine if the provisions of this chapter are being obeyed.

(b) If, after an examination of the invoices, books and records of a dealer, or if, from any other information obtained by [him] the commissioner or his or her authorized agents or the tax collector for any municipality collecting a tax pursuant to section 12-651, as amended by this act, the commissioner or tax collector determines that the dealer has not purchased sufficient stamps to cover his or her receipts and sales or other disposition of any marijuana or controlled substances, [he] the commissioner or tax collector shall thereupon assess the deficiency in tax. There shall be imposed a penalty of ten per cent of the deficiency or fifty dollars, whichever amount is greater, and interest shall accrue on the tax at the rate of one per cent per month from the due date of such tax to the date of payment. In any case where a dealer cannot produce evidence of sufficient stamp purchases to cover the receipt of any marijuana or controlled substances, it shall be presumed that such marijuana or controlled substances were sold without having the proper stamps affixed.

(c) If the commissioner determines that the deficiency or any part thereof is due to a fraudulent intent to evade the tax, there shall be imposed a penalty of twenty-five per cent of the deficiency and interest shall accrue on the tax at the rate of one per cent per month or fraction thereof from the due date of such tax to the date of payment. Subject to the provisions of section 12-3a, the commissioner may waive all or part of the penalties provided under this chapter when it is proven to his or her satisfaction that the failure to pay any tax on time was due to reasonable cause and was not intentional or due to neglect. The amount of any tax, penalty or interest due to the commissioner and unpaid under the provisions of this chapter may be collected under the provisions of section 12-35. The warrant therein provided for shall be signed by the commissioner or his or her authorized agent. The amount of any such tax, penalty and interest shall be a lien, from the last day of the month next preceding the due date of such tax until discharged by payment, against all real estate of the taxpayer within the state, and a certificate of such lien signed by the commissioner may be filed for record in the office of the clerk of any town in which such real estate is situated, provided no such lien shall be effective as against any bona fide purchaser or qualified encumbrancer of any interest in any such property. When any tax with respect to which a lien has been recorded under the provisions of this section has been satisfied, the commissioner, upon request of any interested party, shall issue a certificate discharging such lien, which certificate shall be recorded in the same office in which the lien is recorded. Any action for the foreclosure of such lien shall be brought by the Attorney General in the name of the state in the superior court for the judicial district in which the property subject to such lien is situated, or, if such property is located in two or more judicial districts, in the superior court for any one such judicial district, and the court may limit the time for redemption or order the sale of such property or make such other or further decree as it judges equitable.

(d) The amount of any tax, penalty and interest due to a municipality and unpaid under the provisions of this chapter shall constitute a lien upon any real estate owned by the dealer in the municipality collecting such tax, penalty and interest. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens. Each such lien shall take precedence over all other liens filed after October 1, 2014, and encumbrances, except taxes, and may be enforced in the same manner as property tax liens.

[(c)] (e) Except in the case of a wilfully false or fraudulent intent to evade the tax, no assessment of additional tax with respect to any return shall be made after the expiration of more than three years from the date of the filing of such return or from the original due date of such return, whichever is later, provided, if no return has been filed as provided in this chapter, the Commissioner of Revenue Services may determine the amount of tax due from the best information available and assess such tax together with statutory penalties and interest at any time. If prior to the expiration of the period prescribed in this section for the assessment of additional tax, a taxpayer has consented in writing that such period may be extended, the amount of such additional tax due may be determined at any time within such extended period. Any such extended period may be further extended by consent in writing before the expiration of such extended period.

[(d)] (f) The provisions of sections 12-553 and 12-554 shall apply to the provisions of this chapter in the same manner and with the same force and effect as if the language of said sections had been incorporated in full into said chapter and had expressly referred to the tax imposed under said chapter, except to the extent that any such provision is inconsistent with a provision of said chapter. "

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

Sec. 501

October 1, 2014

12-651

Sec. 502

October 1, 2014

12-655

Senator Welch of the 31st offered Senate Amendment Schedule “C” (LCO 4733) and moved adoption.

Remarking were Senators Osten of the 19th and Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 53 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 13

Those voting Nay 21

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “C” (LCO 4733) 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

 

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

A

   

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.

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

"Sec. 501. Section 2-32b of the general statutes is amended by adding subsection (e) as follows (Effective October 1, 2014):

(NEW) (e) No bill that creates or enlarges a state mandate to local governments, as defined in subsection (a) of this section, shall be passed without the vote of at least two-thirds of each house of the General Assembly. "

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

Sec. 501

October 1, 2014

2-32b

Senator Witkos of the 8th, offered Senate Amendment Schedule “D” (LCO 4736) and moved adoption.

Remarking were Senators Osten of the 19th, Guglielmo of the 35th, Chapin of the 30th, 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 4: 14 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 20

Those absent and not voting 2

On the roll call vote Seante Amendment Schedule “D” (LCO 4736) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

A

   

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

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

A

   

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.

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

"Sec. 501. Section 29-5 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) The Commissioner of Emergency Services and Public Protection may, within available appropriations, appoint suitable persons from the regular state police force as resident state policemen in addition to the regular state police force to be employed and empowered as state policemen in any town or two or more adjoining towns lacking an organized police force, and such officers may be detailed by said commissioner as resident state policemen for regular assignment to such towns, provided each town shall pay sixty per cent of the cost of compensation, maintenance and other expenses of the state policemen detailed to such town, and on and after July 1, [2011] 2014, each town shall pay seventy per cent of such regular cost and other expenses and [one hundred] seventy per cent of any overtime costs and such portion of fringe benefits directly associated with such overtime costs. Such town or towns and the Commissioner of Emergency Services and Public Protection are authorized to enter into agreements and contracts for such police services, with the approval of the Attorney General, for periods not exceeding two years.

(b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Emergency Services and Public Protection shall appoint a resident state policeman to serve in a pilot program assignment for two towns lacking an organized police force or constabulary and located within the jurisdiction of the same state police troop pursuant to a memorandum of agreement with towns requesting participation in the pilot program. Towns participating in the pilot program shall be responsible for the costs and expenses of such resident state policeman as provided in subsection (a) of this section.

(c) The Commissioner of Emergency Services and Public Protection shall exercise such supervision and direction over any resident policeman so appointed as said commissioner deems necessary, and each appointee shall be required to conform to the requirements of chapter 67. Each resident state policeman shall have the same powers as officers of the regular state police force and be entitled to the same rights and subject to the same rules and regulations as the Division of State Police within the Department of Emergency Services and Public Protection. "

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

Sec. 501

July 1, 2014

29-5

Senator Welch of the 31st offered Senate Amendment Schedule “E” (LCO 4731) and moved adoption.

Remarking were Senators Osten of the 19th, Stillman of the 20th, Markley of the 16th, Boucher of the 26th, Witkos of the 8t, Welch of the 31st, Witkos of the 8th, and Gerratana of the 6th and Kelly of the 21st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 53 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 13

Those voting Nay 22

Those absent and not voting 1

On the roll call vote Seante Amendment Schedule “E” (LCO 4731) 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

A

   

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.

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

"Sec. 501. Section 10-262i of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) For the fiscal year ending June 30, 1990, and for each fiscal year thereafter, each town shall be paid a grant equal to the amount the town is entitled to receive under the provisions of section 10-262h. Such grant, excluding any amounts paid to a town pursuant to subdivision (1) of subsection (c) and subdivision (1) of subsection (d) of section 10-66ee, shall be calculated using the data of record as of the December first prior to the fiscal year such grant is to be paid, adjusted for the difference between the final entitlement for the prior fiscal year and the preliminary entitlement for such fiscal year as calculated using the data of record as of the December first prior to the fiscal year when such grant was paid.

(b) (1) Except as provided in subdivision (2) of this subsection, the amount due each town pursuant to the provisions of subsection (a) of this section shall be paid by the Comptroller, upon certification of the Commissioner of Education, to the treasurer of each town entitled to such aid in installments during the fiscal year as follows: Twenty-five per cent of the grant in October, twenty-five per cent of the grant in January and the balance of the grant in April. The balance of the grant due towns under the provisions of this subsection shall be paid in March rather than April to any town which has not adopted the uniform fiscal year and which would not otherwise receive such final payment within the fiscal year of such town.

(2) Any amount due to a town pursuant to subdivision (1) of subsection (c) and subdivision (1) of subsection (d) of section 10-66ee shall be paid by the Comptroller, upon certification of the Commissioner of Education, to the treasurer of each town entitled to such amount pursuant to the schedule established in section 10-66ee.

(c) All aid distributed to a town pursuant to the provisions of this section shall be expended for educational purposes only and shall be expended upon the authorization of the local or regional board of education. For the fiscal year ending June 30, 1999, and each fiscal year thereafter, if a town receives an increase in funds pursuant to this section over the amount it received for the prior fiscal year, such increase shall not be used to supplant local funding for educational purposes. The budgeted appropriation for education in any town receiving an increase in funds pursuant to this section shall be not less than the amount appropriated for education for the prior year plus such increase in funds.

[(d) (1) Except as otherwise provided under the provisions of subdivisions (3) and (4) of this subsection, for the fiscal year ending June 30, 2014, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2013, plus any aid increase described in subsection (e) of this section, except that a town may reduce its budgeted appropriation for education for the fiscal year ending June 30, 2014, by one of the following: (A) Any district with a resident student count for October 1, 2012, using the data of record as of January 31, 2013, that is lower than such district's resident student count for October 1, 2011, using the data of record as of January 31, 2013, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2013, (B) any district that (i) does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (ii) the number of resident students attending high school for such district for October 1, 2012, using the data of record as of January 31, 2013, is lower than such district's number of resident students attending high school for October 1, 2011, using the data of record as of January 31, 2013, may reduce such district's budgeted appropriation for education by the difference in number of resident students attending high school for such years multiplied by the tuition paid per student pursuant to section 10-33, or (C) any district that realizes new and documentable savings through increased intradistrict efficiencies approved by the Commissioner of Education or through regional collaboration or cooperative arrangements pursuant to section 10-158a may reduce such district's budgeted appropriation for education in an amount equal to half of the savings experienced as a result of such intradistrict efficiencies, regional collaboration or cooperative arrangement, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2013.

(2) Except as otherwise provided under the provisions of subdivisions (3) and (5) of this subsection, for the fiscal year ending June 30, 2015, the budgeted appropriation for education shall be not less than the budgeted appropriation for education for the fiscal year ending June 30, 2014, plus any aid increase received pursuant to subsection (e) of this section, except that a town may reduce its budgeted appropriation for education for the fiscal year ending June 30, 2015, by one of the following: (A) Any district with a resident student count for October 1, 2013, using the data of record as of January 31, 2014, that is lower than such district's resident student count for October 1, 2012, using the data of record as of January 31, 2014, may reduce such district's budgeted appropriation for education by the difference in number of resident students for such years multiplied by three thousand, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2014, (B) any district that (i) does not maintain a high school and pays tuition to another school district pursuant to section 10-33 for resident students to attend high school in another district, and (ii) the number of resident students attending high school for such district for October 1, 2013, using the data of record as of January 31, 2014, is lower than such district's number of resident students attending high school for October 1, 2012, using the data of record as of January 31, 2014, may reduce such district's budgeted appropriation for education by the difference in number of resident students attending high school for such years multiplied by the tuition paid per student pursuant to section 10-33, or (C) any district that realizes new and documentable savings through increased intradistrict efficiencies approved by the Commissioner of Education or through regional collaboration or cooperative arrangements pursuant to section 10-158a may reduce such district's budgeted appropriation for education in an amount equal to half of the savings experienced as a result of such intradistrict efficiencies, regional collaboration or cooperative arrangement, provided such reduction shall not exceed one-half of one per cent of the district's budgeted appropriation for education for the fiscal year ending June 30, 2013.

(3) The Commissioner of Education may permit a district to reduce its budgeted appropriation for education for the fiscal years ending June 30, 2014, and June 30, 2015, inclusive, in an amount determined by the commissioner if such district has permanently ceased operations and closed one or more schools in the district due to declining enrollment at such closed school or schools in the fiscal year ending June 30, 2011, June 30, 2012, or June 30, 2013.

(4) For the fiscal year ending June 30, 2014, the budgeted appropriation for a town designated as an alliance district, as defined in section 10-262u, shall be not less than the sum of (A) the budgeted appropriation for the fiscal year ending June 30, 2013, and (B) the amount necessary to meet the minimum local funding percentage, as defined in subdivision (39) of section 10-262f, except the commissioner may permit a town designated as an alliance district to reduce its budgeted appropriation for education if such town can demonstrate that its local contribution for the fiscal year ending June 30, 2014, has increased when compared to the local contribution used in determining its local funding percentage, as defined in subdivision (38) of section 10-262f.

(5) For the fiscal year ending June 30, 2015, the budgeted appropriation for a town designated as an alliance district, as defined in section 10-262u, shall be not less than the sum of (A) the budgeted appropriation for the fiscal year ending June 30, 2014, and (B) the amount necessary to meet the minimum local funding percentage, as defined in section 10-262f, except the commissioner may permit a town designated as an alliance district to reduce its budgeted appropriation for education if such town can demonstrate that its local contribution for the fiscal year ending June 30, 2015, has increased when compared to the local contribution used in determining its local funding percentage, as defined in section 10-262f. ]

[(e)] (d) For the fiscal year ending June 30, 2014, and each fiscal year thereafter, the amount paid to a town pursuant to subsection (a) of this section minus the amount paid to such town under said subsection for the prior fiscal year shall be the aid increase for such town for such fiscal year.

[(f)] (e) Upon a determination by the State Board of Education that a town or kindergarten to grade twelve, inclusive, regional school district failed in any fiscal year to meet the requirements pursuant to subsection (c) [,] or (d) [or (e)] of this section, the town or kindergarten to grade twelve, inclusive, regional school district shall forfeit an amount equal to two times the amount of the shortfall. The amount so forfeited shall be withheld by the Department of Education from the grant payable to the town in the second fiscal year immediately following such failure by deducting such amount from the town's equalization aid grant payment pursuant to this section, except that in the case of a kindergarten to grade twelve, inclusive, regional school district, the amount so forfeited shall be withheld by the Department of Education from the grants payable pursuant to this section to the towns which are members of such regional school district. The amounts deducted from such grants to each member town shall be proportional to the number of resident students in each member town. Notwithstanding the provisions of this subsection, the State Board of Education may waive such forfeiture upon agreement with the town or kindergarten to grade twelve, inclusive, regional school district that the town or kindergarten to grade twelve, inclusive, regional school district shall increase its budgeted appropriation for education during the fiscal year in which the forfeiture would occur by an amount not less than the amount of said forfeiture or for other good cause shown. Any additional funds budgeted pursuant to such an agreement shall not be included in a district's budgeted appropriation for education for the purpose of establishing any future minimum budget requirement.

Sec. 502. Section 10-4a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

For purposes of sections 10-4, 10-4b and 10-220, the educational interests of the state shall include, but not be limited to, the concern of the state that (1) each child shall have for the period prescribed in the general statutes equal opportunity to receive a suitable program of educational experiences; (2) each school district shall finance at a reasonable level [at least equal to the minimum budget requirement pursuant to the provisions of section 10-262i] an educational program designed to achieve this end; (3) in order to reduce racial, ethnic and economic isolation, each school district shall provide educational opportunities for its students to interact with students and teachers from other racial, ethnic, and economic backgrounds and may provide such opportunities with students from other communities; and (4) the mandates in the general statutes pertaining to education within the jurisdiction of the State Board of Education be implemented.

Sec. 503. Subsection (b) of section 10-4b of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(b) If, after conducting an inquiry in accordance with subsection (a) of this section, the state board finds that a local or regional board of education has failed or is unable to implement the educational interests of the state in accordance with section 10-4a, the state board shall (1) require the local or regional board of education to engage in a remedial process whereby such local or regional board of education shall develop and implement a plan of action through which compliance may be attained, or (2) order the local or regional board of education to take reasonable steps where such local or regional board has failed to comply with subdivision (3) of section 10-4a. Where a local or regional board of education is required to implement a remedial process pursuant to subdivision (1) of this subsection, upon request of such local or regional board, the state board shall make available to such local or regional board materials and advice to assist in such remedial process. If the state board finds that a local governmental body or its agent is responsible for such failure or inability, the state board may order such governmental body or agent to take reasonable steps to comply with the requirements of section 10-4a. [The state board may not order an increase in the budgeted appropriations for education of such local or regional board of education if such budgeted appropriations are in an amount at least equal to the minimum budget requirement in accordance with section 10-262i. ] If the state board finds that the state is responsible for such failure, the state board shall so notify the Governor and the General Assembly. "

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

Sec. 501

July 1, 2014

10-262i

Sec. 502

July 1, 2014

10-4a

Sec. 503

July 1, 2014

10-4b(b)

SENATOR DUFF IN THE CHAIR

Senator Markley of the 16th offered Senate Amendment Schedule “F” (LCO 4753) and moved adoption.

Remarking were Senators Osten of the 19th and Frantz of the 36th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 09 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 7

Those voting Nay 28

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “F” (LCO 4753) 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

   

N

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

   

N

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

 

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

   

N

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

ART LINARES

 

Y

 

16

JOE MARKLEY

A

   

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

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

"Sec. 501. (NEW) (Effective October 1, 2014) Notwithstanding any provision of the general statutes, the chief executive officer of the municipality is authorized to select the emergency medical services provider for the municipality and negotiate the terms of any contract for such services. Such chief executive officer may terminate the contract for emergency medical services based on substandard or inadequate performance. "

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

Sec. 501

October 1, 2014

New section

Senator Markley of the 16th offered Senate Amendment Schedule “G” (LCO 4755) and moved adoption.

Remarking were Senators Osten of the 19th, Chapin of the 30th and Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 49 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 10

Those voting Nay 23

Those absent and not voting 3

On the roll call vote Senate Amendment Schedule “G” (LCO 4755) was rejected.

The following is the roll call vote:

A

   

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

   

N

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

   

N

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

   

N

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

A

   

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

A

   

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

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

"Sec. 501. Subsection (e) of section 29-305 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(e) The State Fire Marshal may adopt amendments to the Fire Safety Code and the State Fire Prevention Code regarding requirements for the frequency of inspections of different building uses regulated by the codes and set forth a schedule of inspections [, except for inspections of residential buildings designed to be occupied by three or more families,] that are less frequent than yearly if the interests of public safety can be met by less frequent inspections. "

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

Sec. 501

October 1, 2014

29-305(e)

     

Senator Markley of the 16th offered Senate Amendment Schedule “H” (LCO 4754) and moved adoption.

Remarking were Senators Boucher of the 26th and Osten of the 19th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6: 00 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 13

Those voting Nay 21

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “H” (LCO 4754) 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

A

   

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

A

   

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.

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

"Sec. 501. Subsection (b) of section 19a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(1) (A) Administered by a public school system, or (B) administered by a municipal agency or department; [and located in a public school building; ]"

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

Sec. 501

October 1, 2014

19a-77(b)

Remarking were Senators Frantz of the 36th, Osten of the 19th, Chapin of the 30th, McLachlan of the 24th, Boucher of the 26th, Kane of the 32nd and Kelly of the 21st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7: 12 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 35

Those voting Nay 0

Those absent and not voting 1

On the roll call vote House Bill No. 5055 as Amended by House "A" was Passed. In Concurrence with the House.

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

 

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

SENATOR COLEMAN IN THE CHAIR

SUSPENSION OF THE RULES

IMMEDIATE TRANSMITTAL TO THE GOVERNOR

On motion of Senator Looney of the 11th, the rules were suspended for immediate transmittal to the Governor of House Bill No. 5055 as Amended by House "A".

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT ADOPTED

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.

INSURANCE AND REAL ESTATE. S. B. No. 192 (RAISED) (File No. 61) AN ACT CONCERNING THE QUALIFICATIONS OF CLINICAL PEERS FOR ADVERSE DETERMINATION REVIEWS. (Senate Amendment Schedule "A" (LCO 3755) designated on April 23, 2014. )

Senator Crisco of the 17th explained the bill with Senate Amendment Schedule "A" (LCO 3755) designated on April 23, 2014.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subdivision (7) of section 38a-591a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):

(7) "Clinical peer" means a physician or other health care professional who:

(A) For a review other than as specified under subparagraph (B) or (C) of subdivision (38) of this section, (i) holds a nonrestricted license in a state of the United States, [and in the same or similar specialty as] (ii) holds a doctoral or medical degree, and (iii) (I) holds an appropriate national board certification including at the subspecialty level where available, or (II) actively practices and typically manages the medical condition [, procedure or treatment] under review [, and] or provides the procedure or treatment under review; or

(B) [for] For a review specified under subparagraph (B) or (C) of subdivision (38) of this section concerning (i) a child or adolescent substance use disorder or a child or adolescent mental disorder, holds a national board certification in child and adolescent psychiatry or child and adolescent psychology, and has training or clinical experience in the treatment of child and adolescent substance use disorder or child and adolescent mental disorder, as applicable, or (ii) an adult substance use disorder or an adult mental disorder, holds a national board certification in psychiatry or psychology, and has training or clinical experience in the treatment of adult substance use disorders or adult mental disorders, as applicable. "

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

Section 1

January 1, 2015

38a-591a(7)

Remarking was Senator Looney of the 11th and Welch of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7: 34 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 23

Those voting Nay 12

Those absent and not voting 1

On the roll call vote Senate Bill No. 192 as amended by Senate Amendment Schedule “A” (LCO 3755) 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

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

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

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

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.

GENERAL LAW. Substitute for H. B. No. 5259 (RAISED) (File No. 201) AN ACT CONCERNING THE USE OF DEBIT CARDS FOR GASOLINE PURCHASES AND NOTIFICATION TO HANDICAPPED DRIVERS OF SELF-SERVICE PUMP REFUELING SERVICES.

Senator Doyle of the 9th explained the bill and moved passage.

Remarking was Senator Witkos of the 8th.

On the Motion of Senator Doyle of the 9th the bill was placed on the Consent Calendar No. 1.

SENATOR DUFF IN THE CHAIR

JUDICIARY. Substitute for S. B. No. 456 (RAISED) (File No. 612) AN ACT CONCERNING ADOPTION OF THE CONNECTICUT CODE OF EVIDENCE BY THE SUPREME COURT.

Senator Coleman of the 2nd explained the bill and moved passage.

Remarking were Senators Kissel of the 7th, McLachlan of the 24th.

THE PRESIDENT IN THE CHAIR

On the Motion of Senator Coleman of the 2nd the bill was placed on the Consent Calendar No. 1. In concurrence with the House.

JUDICIARY. Substitute for S. B. No. 489 (RAISED) (File No. 616) AN ACT CONCERNING THE UNLAWFUL DISSEMINATION OF AN INTIMATE IMAGE OF ANOTHER PERSON.

Senator Coleman of the 2nd explained the bill, offered Senate Amendment Schedule “A” (LCO 4356) and moved adoption.

Remarking were Senators Kissel of the 7th.

On a voice vote the Amendment was Adopted.

The following is the Amendment.

After line 16, insert the following:

"(d) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 USC 230, an information service, as defined in 47 USC 153, or a telecommunications service, as defined in section 16-247a of the general statutes, for content provided by another person. "

Remarking was Senator Kissel of the 7th.

On motion of Senator Coleman of the 2nd, the bill as amended by Senate Amendment Schedule “A” (LCO 4356) was placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 203 (RAISED) (File Nos. 38 and 663) AN ACT CONCERNING A STATE-WIDE SEXUAL ABUSE AND ASSAULT AWARENESS PROGRAM.

Senator Bartolomeo of the 13th explained the bill, offered Senate Amendment Schedule “A” (LCO 4540) and moved adoption.

Remarking were Senators Osten of the 19th, Linares of the 33rd and Witkos of the 8th.

On a voice vote the Amendment was Adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2014) (a) Not later than July 1, 2015, the Department of Children and Families, in collaboration with the Department of Education and Connecticut Sexual Assault Crisis Services, Inc. , or a similar entity, shall identify or develop a state-wide sexual abuse and assault awareness and prevention program for use by local and regional boards of education. Such program shall be implemented in each local and regional school district and shall include:

(1) For teachers, instructional modules that may include, but not be limited to, (A) training regarding the prevention and identification of, and response to, child sexual abuse and assault, and (B) resources to further student, teacher and parental awareness regarding child sexual abuse and assault and the prevention of such abuse and assault;

(2) For students, age-appropriate educational materials designed for children in grades kindergarten to twelve, inclusive, regarding child sexual abuse and assault awareness and prevention that may include, but not be limited to, (A) the skills to recognize (i) child sexual abuse and assault, (ii) boundary violations and unwanted forms of touching and contact, and (iii) ways offenders groom or desensitize victims, and (B) strategies to (i) promote disclosure, (ii) reduce self-blame, and (iii) mobilize bystanders; and

(3) A uniform child sexual abuse and assault response policy and reporting procedure that may include, but not be limited to, (A) actions that child victims of sexual abuse and assault may take to obtain assistance, (B) intervention and counseling options for child victims of sexual abuse and assault, (C) access to educational resources to enable child victims of sexual abuse and assault to succeed in school, and (D) uniform procedures for reporting instances of child sexual abuse and assault to school staff members.

(b) Not later than October 1, 2015, each local and regional board of education shall implement the sexual abuse and assault awareness and prevention program identified or developed pursuant to subsection (a) of this section.

(c) No student in grades kindergarten to twelve, inclusive, shall be required by any local or regional board of education to participate in the sexual abuse and assault awareness and prevention program offered within the public schools. A written notification to the local or regional board of education by the student's parent or legal guardian shall be sufficient to exempt the student from such program in its entirety or from any portion thereof so specified by the parent or legal guardian.

(d) If a student is exempted from the sexual abuse and assault awareness and prevention program pursuant to subsection (c) of this section, the local or regional board of education shall provide, during the period of time in which the student would otherwise be participating in such program, an opportunity for other study or academic work. "

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

Section 1

July 1, 2014

New section

On motion of Senator Bartolomeo of the 13th, the bill as amended by Senate Amendment Schedule “A” (LCO 4540) was placed on the Consent Calendar No. 1.

INSURANCE AND REAL ESTATE. S. B. No. 176 (RAISED) (File No. 75) AN ACT CONCERNING THE PURCHASE OF MEDICARE SUPPLEMENT POLICIES BY QUALIFIED MEDICARE BENEFICIARIES.

Senator Ayala of the 23rd explained the bill and moved passage.

Remarking was Senator Kelly of the 21st.

On the Motion of Senator Ayala of the 23rd the bill was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 430 (RAISED) (File Nos. 122 and 667) AN ACT CONCERNING THE OPERATION OF EMERGENCY VEHICLES.

Senator Hartley of the 15th explained the bill, offered Senate Amendment Schedule “A” (LCO 4744) and moved adoption.

On a voice vote the Amendment was Adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subsections (a) to (d), inclusive, of section 14-283 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) ["Emergency vehicle", as] As used in this section, "emergency vehicle" means any ambulance or vehicle operated by a member of an emergency medical service organization responding to an emergency call, any vehicle used by a fire department or by any officer of a fire department while on the way to a fire or while responding to an emergency call but not while returning from a fire or emergency call, any state or local police vehicle operated by a police officer or inspector of the Department of Motor Vehicles answering an emergency call or in the pursuit of fleeing law violators or any Department of Correction vehicle operated by a Department of Correction officer while in the course of such officer's employment and while responding to an emergency call.

(b) (1) The operator of any emergency vehicle may [(1)] (A) park or stand such vehicle, irrespective of the provisions of this chapter, [(2)] (B) except as provided in subdivision (2) of this subsection, proceed past any red light or stop signal or stop sign, but only after slowing down or stopping to the extent necessary for the safe operation of such vehicle, [(3)] (C) exceed the posted speed limits or other speed limits imposed by or pursuant to section 14-218a or 14-219 as long as such operator does not endanger life or property by so doing, and [(4)] (D) disregard statutes, ordinances or regulations governing direction of movement or turning in specific directions.

(2) The operator of any emergency vehicle shall immediately bring such vehicle to a stop not less than ten feet from the front when approaching and not less than ten feet from the rear when overtaking or following any registered school bus on any highway or private road or in any parking area or on any school property when such school bus is displaying flashing red signal lights and such operator may then proceed as long as he or she does not endanger life or property by so doing.

(c) The exemptions [herein] granted in this section shall apply only when an emergency vehicle is making use of an audible warning signal device, including but not limited to a siren, whistle or bell which meets the requirements of subsection (f) of section 14-80, and visible flashing or revolving lights which meet the requirements of sections 14-96p and 14-96q, and to any state or local police vehicle properly and lawfully making use of an audible warning signal device only.

(d) The provisions of this section shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons and property.

Sec. 2. Subsection (a) of section 14-279 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) The operator of any vehicle [,] or motor vehicle, [or] including an authorized emergency vehicle, as defined in section 14-1, shall immediately bring such vehicle to a stop not less than ten feet from the front when approaching and not less than ten feet from the rear when overtaking or following any registered school bus on any highway or private road or in any parking area or on any school property when such bus is displaying flashing red signal lights, except at the specific direction of a traffic officer. Vehicles so stopped for a school bus shall not proceed until such school bus no longer displays flashing red signal lights, except that a stopped authorized emergency vehicle may proceed as long as such authorized emergency vehicle is operated pursuant to section 14-283, as amended by this act. At the intersection of two or more highways vehicular turns toward a school bus receiving or discharging passengers are prohibited. The operator of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. "

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

Section 1

October 1, 2014

14-283(a) to (d)

Sec. 2

October 1, 2014

14-279(a)

Remarking was Senator Kane of the 32nd.

On motion of Senator Hartley of the 15th, the bill as amended by Senate Amendment Schedule “A” (LCO 4744) 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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 330 (RAISED) (File No. 283) AN ACT CONCERNING THE BOARD OF REGENTS.

Senator Cassano of the 4th explained the bill and moved passage.

Remarking was Senator Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 13 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 33

Those voting Nay 1

Those absent and not voting 2

On the roll call vote Senate Bill No. 330 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

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

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

A

   

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 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. 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").

Senator Meyer of the 12th explained the bill as amended and moved passage.

Senator Meyer of the 12th offered Senate Amendment Schedule “B” (LCO 4579) and moved adoption.

On a voice vote the Amendment was Adopted.

The following is the Amendment.

Strike subsection (b) and insert the following in lieu thereof:

"(b) For the purposes of this section, the submerged lands and waters subject to the commissioner's planning, management and coordination authority under the Long Island Sound Blue Plan shall include Long Island Sound and its bays and inlets from the mean high water line, as defined by the most recent data of the National Oceanic and Atmospheric Administration, to the state's waterward boundaries with the states of New York and Rhode Island. Any siting policies, identification of locations, or performance standards for activities, uses and facilities under the Long Island Sound Blue Plan shall apply in a spatial planning area located seaward of the bathymetric contour of minus ten feet North American Vertical Datum to the state's waterward boundaries with the states of New York and Rhode Island provided such planning area shall not extend into any river that flows into the sound beyond the first motor vehicle bridge or railroad bridge that crosses such river. Such spatial planning area shall be designated on a map to be prepared by the advisory committee established pursuant to subsection (c) of this section. "

Senator Meyer of the 12th offered Senate Amendment Schedule “C” (LCO 4785) and moved adoption.

Remarking were Senators Stillman of the 20th, Chapin of the 30th, McLachlan of the 24th and Frantz of the 36th.

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 22a-27w of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

The state of Connecticut, acting through the Commissioner of Energy and Environmental Protection, is authorized to grant a lease or other appropriate authorization [over] to allow for the occupancy of submerged lands held in public trust by the state underlying or associated with [the Penfield Reef Lighthouse] lighthouses for the purpose of facilitating the preservation of [said lighthouse. Such lease or other authorization shall constitute a right of occupancy so as to facilitate the preservation of such lighthouse] such lighthouses pursuant to the [federal] National Historic Lighthouse Preservation Act of 2000, 16 USC 470w-7, provided any such lease shall be for [consideration as determined by the Commissioner of Energy and Environmental Protection, for a term of no more than ten years, subject to subsequent renewals,] a term of thirty years with the option to renew and shall contain appropriate conditions to ensure consistency with the goals and policies of section 22a-92 and with other interests of the state, including, but not limited to, reasonable public access whenever such lease is to a nonprofit organization, preservation of historic structures and education of the public regarding such structures. Nothing in this section and no provision in any lease authorized pursuant to this section shall be construed to relieve any lessee from the obligation to obtain any applicable federal, state or local permit for the construction of any new structure or appurtenance on such submerged lands. "

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

Sec. 501

October 1, 2014

22a-27w

Remarking were Senators Chapin of the 30th and Meyer of the 12th.

On motion of Senator Meyer of the 12th, the bill as amended by Senate Amendment Schedule “A” (LCO 3774) "B" (LCO 4579) and "C" (LCO 4785) was placed on the Consent Calendar No. 1.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 104 (RAISED) (File No. 604) AN ACT PROVIDING FINANCIAL RELIEF TO NURSING HOMES FOR UNCOMPENSATED CARE.

Senator Slossberg of the 14th explained the bill, offered Senate Amendment Schedule “A” (LCO 4737) and moved adoption.

On a voice vote the Amendment was Adopted.

The following is the Amendment.

Strike lines 23 and 24 in their entirety and insert in lieu thereof: "service provided to a Medicaid applicant pending a decision on such applicant's eligibility and Medicaid payment to the nursing home for an eligible applicant's care; "

In line 33, after "day" insert "," and strike "until such time as"

Strike lines 34 and 35 in their entirety and insert in lieu thereof: "provided that a nursing home which receives retroactive Medicaid payment or other retroactive payment covering such Medicaid pending day shall pay a user fee pursuant to subsection (b) of this section for each such day; "

Remarking was Senator Markley of the 16th.

On motion of Senator Slossberg of the 14th, the bill as amended by Senate Amendment Schedule “A” (LCO 4737) was placed on the Consent Calendar No 1.

ENVIRONMENT. Substitute for S. B. No. 445 (RAISED) (File No. 461) AN ACT CONCERNING CERTAIN RECOMMENDATIONS OF THE TASK FORCE ON THE SALE OF CATS AND DOGS FROM INHUMANE ORIGINS AT CONNECTICUT PET SHOPS.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 4552) and moved adoption.

Remarking was Senator Chapin of the 30th and McKinney of the 28th.

On a voice vote the Amendment was Adopted.

The following is the Amendment.

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 22-344c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) If a town requires the licensure of persons keeping ten or more unneutered or unspayed dogs capable of breeding, such persons shall apply to the clerk of the town in which such dogs are located for a license. Such town clerk, if the zoning enforcement official has certified that the location where such dogs shall be kept conforms to the zoning regulations of the municipality, shall issue to such applicant a license, for a reasonable fee to be determined by the town, on a form prescribed by the town for a period, from the date of such application until the thirtieth day of the ensuing June which license shall specify the name and number of the dogs, the name of the owner and, if applicable, the name of a keeper. Each such license may be renewed from year to year by the town clerk upon application of such owner or keeper.

(b) The Commissioner of Agriculture, the Chief Animal Control Officer or any animal control officer may at any time inspect or cause to be inspected any location, required by a town to be licensed, keeping ten or more unneutered or unspayed dogs capable of breeding, by a registered veterinarian appointed by the commissioner and if, in the judgment of the commissioner: [, such] (1) Such location is not being maintained in a sanitary and humane manner, (2) the owner or keeper of such location does not comply with the standard of care applicable to breeders, as described in subsection (e) of this section, or (3) if [he] the commissioner finds that communicable or infectious disease or other unsatisfactory conditions exist, [he] the commissioner may issue such orders as [he] the commissioner deems necessary for the correction of such conditions and may quarantine the premises and animals. If the owner or keeper of such location fails to comply with such orders, the commissioner may recommend the revocation or suspension of such license to the town which issued such license.

(c) Any person aggrieved by any order issued under the provisions of this section may appeal to the Superior Court in accordance with the provisions of section 4-183.

(d) Any person keeping ten or more unneutered or unspayed dogs capable of breeding, in a location required to be licensed, after such license has been revoked or suspended as herein provided shall be fined not less than fifty dollars or more than one hundred dollars.

(e) Not later than December 31, 2014, the Commissioner of Agriculture shall prescribe the standard of care to be provided to dogs or cats, as applicable, by any person who: (1) Keeps ten or more unneutered or unspayed dogs capable of breeding, or (2) owns or operates a breeding cattery. Such standard of care shall be consistent with the standard of care to be provided by an animal importer, as prescribed pursuant to subdivision (6) of subsection (e) of section 22-344.

Sec. 2. Section 22-344b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) A pet shop licensee shall, prior to offering a dog or cat for sale and thereafter at intervals of fifteen days until such dog or cat is sold, provide for examination of such dog or cat by a veterinarian licensed under chapter 384. Such licensee shall maintain a record of the veterinary services rendered for each dog or cat offered for sale.

(b) (1) If, (A) within twenty days of sale, any such dog or cat becomes ill or dies of any illness which existed in such dog or cat at the time of the sale, or (B) within six months of sale, any such dog or cat is diagnosed with a congenital defect that adversely affects or will adversely affect the health of such dog or cat, such licensee shall: (i) Reimburse such consumer [not more than five hundred dollars] for the value of the actual services and medications provided to such dog or cat by any veterinarian licensed pursuant to chapter 384 for the treatment of such illness or congenital defect upon the presentation by such consumer to such licensee of a certificate from such veterinarian that such dog or cat suffers or suffered from such illness or congenital defect, provided such reimbursement shall not exceed (I) the full purchase price of such dog or cat for any dog or cat purchased for five hundred dollars or more, and (II) five hundred dollars for any dog or cat purchased for less than five hundred dollars. No licensee may require the consumer to return such dog or cat to such licensee to receive such reimbursement, or (ii) at the option of such consumer, replace the dog or cat or refund in full the purchase price of such dog or cat: (I) In the case of illness or such congenital defect, upon return of the dog or cat to the pet shop and the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat is ill from a condition which existed at the time of sale, or suffers from such congenital defect, and (II) in the case of death, the receipt of a certificate from a veterinarian licensed under chapter 384 and selected by the consumer, stating that the dog or cat died from an illness or a congenital defect which existed at the time of sale. The presentation of such certificate shall be sufficient proof to claim reimbursement or replacement and the return of such deceased dog or cat to the pet shop shall not be required. Any such consumer may seek the assistance of the Commissioner of Agriculture in the event that the licensee fails to reimburse such consumer in accordance with the provisions of this subsection. No such refund or replacement shall be made if such illness or death resulted from maltreatment or neglect by a person other than the licensee or such licensee's agent or employee. A licensee shall not be subject to the obligations imposed by this subsection for the sale of a cat where such cat has been spayed or neutered prior to its sale.

(2) Each pet shop licensee who sells dogs or cats shall post a statement of customer rights pursuant to this section in a location that is readily visible to the public and also provide a copy of such statement to any purchaser of a dog or cat at the time of purchase. The commissioner shall prescribe the content of such statement. Any statement of customer rights posted pursuant to this section shall be printed in black lettering of not less than twenty point size upon a white background. Any licensee who violates the provisions of this subdivision shall be fined two hundred fifty dollars.

[(c) A licensee who violates any provision of this section shall forfeit to the state a sum not to exceed five hundred dollars for each animal which is the subject of the violation. The Attorney General, upon complaint of the commissioner, may institute a civil action in the superior court for the judicial district of Hartford to recover the forfeiture specified in this section. ]

(c) Any licensee who violates any provision of subsection (a) or subdivision (1) of subsection (b) of this section shall be fined not more than five hundred dollars. Any fine assessed pursuant to this subsection for a failure to reimburse a consumer, as described in subsection (b) of this section, shall not preclude or be in lieu of any such reimbursement.

Sec. 3. Section 22-344d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) A sign measuring not less than three inches in height and not less than five inches in width shall be posted on the cage of each dog offered for sale in a pet shop. The sign shall contain information printed in black lettering on a white background listing the breed of such dog, the locality and state in which such dog was born, and any individual identification number of such dog as listed on the official certificate of veterinary inspection from the state of origin.

(b) A sign shall be posted stating the following: "THE FOLLOWING INFORMATION IS ALWAYS AVAILABLE ON ALL OUR PUPPIES: DATE OF BIRTH, THE STATE OF BIRTH, BREED, SEX AND COLOR, THE DATE THE PET SHOP RECEIVED THE PUPPY, THE NAMES AND REGISTRATION NUMBERS OF THE PARENTS (FOR AKC REGISTERABLE PUPPIES), RECORD OF INOCULATIONS AND WORMING TREATMENTS AND ANY RECORD OF ANY VETERINARY TREATMENT OR MEDICATIONS RECEIVED TO DATE. ". Such sign shall include a telephone number at the Department of Agriculture through which information may be obtained regarding complaints about diseased or disabled animals offered for sale. Such sign shall be posted in a place readily visible to the consumer where dogs are offered for sale and printed in black lettering not less than thirty-eight point size upon a white background.

(c) Each licensee shall post the United States Department of Agriculture inspection from the prior two-year period reports for the breeder of any dog offered for sale in a pet shop. Such inspection reports shall be posted next to or near the cage of each dog that was purchased from the breeder that is the subject of such inspection reports and made available to any patron regardless of whether such patron purchases said dog.

[(c) A licensee who violates any provision of this section shall be liable for a civil penalty not to exceed five hundred dollars. The Attorney General, upon complaint of the Commissioner of Agriculture, may institute a civil action in the superior court for the judicial district of Hartford to recover the penalty specified in this section. ]

(d) Any licensee who violates any provision of this section shall be fined not more than two hundred fifty dollars.

Sec. 4. Section 22-354 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) Any dog or cat imported into this state shall be accompanied by a certificate of health issued no earlier than thirty days prior to the date of importation by a licensed, graduate veterinarian stating that such dog or cat is free from symptoms of any infectious, contagious or communicable disease, and that such dog or cat, if three months of age or older, is currently vaccinated for rabies by a licensed veterinarian. A copy of such health certificate shall be forwarded promptly to the commissioner from the livestock sanitary official of the state of origin. Any dog or cat originating from a rabies quarantine area shall have permission of the State Veterinarian prior to importation into this state. No person, firm or corporation shall import or export for the purposes of sale, adoption or transfer or offering for sale, adoption or transfer any dog or cat under the age of eight weeks unless such dog or cat is transported with its dam and no person, firm or corporation shall sell or offer for adoption or transfer within the state any dog or cat under the age of eight weeks. Any person, firm or corporation violating the provisions of this subsection or bringing any dog or cat into this state from an area under quarantine for rabies shall be fined not more than [five hundred] one thousand dollars. [or imprisoned not more than thirty days, or both. ]

(b) Any dog sold or offered for sale by a pet shop licensee in this state shall be accompanied by a certificate of origin identifying the name and address of the person, firm or corporation that bred such dog and of any person, firm or corporation that sold such dog to such pet shop licensee. Such certificate shall be in a form as prescribed by the Commissioner of Agriculture. Such information contained in the certificate of origin shall be posted on the sign described in section 22-344d, as amended by this act, and such information shall be visible to customers. A copy of such certificate shall be provided to the purchaser of such dog at the time of sale and shall be filed by such licensee with the Department of Agriculture not later than seven days after such sale. No pet shop licensee shall purchase a dog or cat for resale [from a breeder] or sell or offer for sale any dog or cat purchased from: (1) Any breeder that (A) is not in possession of a current license issued by the United States Department of Agriculture and any applicable state agency, (B) was found to have committed a direct violation of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase, or (C) was found to have committed three or more indirect violations of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase provided such violations pertained to the health or welfare of an animal and were not administrative in nature; or (2) any other person, firm or corporation [located outside of this state that is not] that: (A) Is not in possession of a current license issued by the United States Department of Agriculture and any applicable state agency, (B) was found to have committed a direct violation of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase, (C) was found to have committed three or more indirect violations of pet dealer-related regulations of the United States Department of Agriculture during the two-year period prior to such purchase provided such violations pertained to the health or welfare of an animal and were not administrative in nature, or (D) directly or indirectly, has obtained such dog or cat from a breeder described in subdivision (1) of this subsection. Any pet shop licensee violating the provisions of this subsection shall be fined not more than one [hundred] thousand dollars [or imprisoned not more than thirty days, or both,] for each violation. Each day a pet shop licensee is in violation of this subsection shall constitute a separate offense.

Sec. 5. (Effective October 1, 2014) Not later than January 1, 2015, the Commissioner of Agriculture shall submit a report, in accordance with section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Such report shall include, but not be limited to, any legislative recommendations concerning the licensure of pet shops and the enforcement of any statute or regulation that is applicable to pet shops. "

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

Section 1

October 1, 2014

22-344c

Sec. 2

October 1, 2014

22-344b

Sec. 3

October 1, 2014

22-344d

Sec. 4

October 1, 2014

22-354

Sec. 5

October 1, 2014

New section

On motion of Senator Meyer of the 12th, the bill as amended by Senate Amendment Schedule “A” (LCO 4552) was placed on the Consent Calendar No 1.

FINANCE, REVENUE AND BONDING. H. B. No. 5081 (RAISED) (File No. 525) AN ACT CONCERNING PHOSPHOROUS REDUCTION REIMBURSEMENTS TO MUNICIPALITIES.

Senator Meyer of the 12th explained the bill and moved passage.

Remarking were Senators Chapin of the 30th and McLachlan of the 24th.

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

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5540 (RAISED) (File No. 502) AN ACT AMENDING THE CHARTERS OF THE CIVIC ASSOCIATION OF SHORT BEACH IN THE TOWN OF BRANFORD AND THE MATTABASSETT DISTRICT.

Senator Osten of the 19th explained the bill and moved passage.

Remarking was Senator Doyle of the 9th.

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

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR

On motion of Senator Looney of the 11th, the following bills which were starred for action were placed on the Consent Calendar in accordance with Senate Rule 31.

PUBLIC HEALTH. H. B. No. 5329 (RAISED) (File No. 46) AN ACT CONCERNING THE DEFINITION OF NATURAL FOOD. In concurrence with the House.

GENERAL LAW. H. B. No. 5098 (RAISED) (File No. 199) AN ACT CONCERNING THE TERMINATION OF "ROBO" CALLS. In concurrence with the House.

PUBLIC HEALTH. H. B. No. 5285 (RAISED) (File No. 89) AN ACT CONCERNING A STUDY OF THE RENEWAL TIMES FOR OCCUPATIONAL LICENSES. In concurrence with the House.

BUSINESS ON THE CALENDAR

SUSPENSION OF THE RULES

TO TAKE UP SINGLE AND NO STARRED ITEMS

BILL PLACED ON CONSENT CALENDAR NO. 1

Senator Looney of the 11th moved for suspension of the rules to take up single and no starred items on the calendar and it was placed on the Consent Calendar in accordance with Senate Rule 31.

PUBLIC HEALTH. H. B. No. 5146 (RAISED) (File Nos. 528 and 696) AN ACT CONCERNING THE USE OF PUBLIC SCHOOL HEALTH ASSESSMENT FORMS BY YOUTH CAMPS AND DAY CARE CENTERS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

SENATE AGENDA NO. 1

SUSPENSION OF THE RULES

BILL PLACED ON CONSENT CALENDAR NO. 1

Senator Looney of the 11th moved for suspension of the rules to take up a bill from Senate Agenda No. 1 and it was placed on the Consent Calendar in accordance with Senate Rule 31.

JUDICIARY. Substitute for H. B. No. 5340 (RAISED) (File Nos. 93 and 721) AN ACT CONCERNING THE LIABILITY OF A LANDOWNER WHO PERMITS MAPLE-SUGARING ACTIVITIES ON THE LAND. (As amended by House Amendment Schedule "A"). 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 10: 07 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 35

Those voting Nay 0

Those absent and not voting 1

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

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

 

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

MATTER REMOVED FROM FOOT OF THE CALENDAR

On the motion of Senator Looney of the 11th, the following matter was removed from the foot of the calendar and restored to its place on the calendar:

APPROPRIATIONS. S. B. No. 446 (RAISED) (File No. 392) AN ACT ESTABLISHING AN AQUATIC INVASIVE SPECIES MANAGEMENT GRANT AND PREVENTION AND EDUCATION PROGRAM. (As amended by Senate Amendment Schedule "A").

BUSINESS ON THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

JUDICIARY

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Judiciary.

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

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 10: 10 p. m. adjourned subject to the call of the chair.