JOURNAL OF THE SENATE

Thursday, May 1, 2014

The Senate was called to order at 12: 45 p. m. , Senator Duff of the 25th in the Chair.

The prayer was offered by Acting Chaplain, Brittany Kaplan of Enfield, Connecticut.

The following is the prayer:

Dear Lord understanding is one of the greatest accomplishments of life and with it comes wisdom. Amen.

PLEDGE

Senator Gerratana of the 6th, led the Senate in the pledge of Allegiance.

REPORT

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

Connecticut State Commission on Capitol Preservation and Restoration. Submittal of Annual Report, as Required by Section 4b-60(b)(3) of the Connecticut General Statues. Received April 29, 2014

The report was referred to the Committee on Legislative Management.

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE RESOLUTION

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

JUDICIARY. S. R. No. 23 (File No. 728) RESOLUTION APPROVING THE STIPULATION AND ORDER OF SETTLEMENT IN PAUL SHAFER AND JOSHUA HARDER V. RODERICK BREMBY.

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. 5290 (RAISED) (File Nos. 343, 670 and 730) AN ACT REVISING MOTOR VEHICLE LAWS. (As amended by House Amendment Schedule "A").

EDUCATION. Substitute for H. B. No. 5357 (RAISED) (File Nos. 404 and 732) AN ACT CONCERNING CHRONIC ABSENTEEISM. (As amended by House Amendment Schedule "A").

EDUCATION. Substitute for H. B. No. 5567 (RAISED) (File Nos. 506 and 735) AN ACT ESTABLISHING A TASK FORCE TO STUDY ALTERNATIVE SCHOOL PROGRAMS IN THE STATE. (As amended by House Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5546 (RAISED) (File Nos. 504 and 734) AN ACT IMPLEMENTING CERTAIN RECOMMENDATIONS OF THE AUDITORS OF PUBLIC ACCOUNTS. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 5051 (File Nos. 291 and 729) AN ACT IMPROVING TRANSPARENCY OF NURSING HOME OPERATIONS. (As amended by House Amendment Schedule "B").

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5424 (RAISED) (File Nos. 467 and 733) AN ACT CONCERNING THE RESPONSIBILITIES OF THE WATER PLANNING COUNCIL. (As amended by House Amendment Schedule "A").

PUBLIC HEALTH. Substitute for H. B. No. 5456 (RAISED) (File No. 531) AN ACT CONCERNING MANDATORY REPORTING OF ABUSE AND NEGLECT OF INDIVIDUALS WITH AUTISM SPECTRUM DISORDER, THE DEFINITION OF ABUSE, AND THE DEPARTMENT OF DEVELOPMENTAL SERVICES ABUSE AND NEGLECT REGISTRY.

VETERANS' AFFAIRS. H. B. No. 5294 (RAISED) (File Nos. 90 and 731) AN ACT CONCERNING THE ADMISSION OF VETERANS TO HOSPITALS AND THE APPLICATION OF MILITARY OCCUPATIONAL TRAINING TO STATE LICENSURE REQUIREMENTS. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

ORDER OF THE DAY

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

JUDICIARY. S. B. No. 371 (RAISED) (File No. 327) AN ACT CONCERNING RETALIATION AGAINST IMMIGRANT WORKERS.

Senator Holder-Winfield of the 10th explained the bill, offered Senate Amendment Schedule “A” (LCO 4447) and moved adoption.

Remarking was Senator Markley of the 16th.

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 31-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

When any employer fails to pay an employee wages in accordance with the provisions of sections 31-71a to 31-71i, inclusive, or fails to compensate an employee in accordance with section 31-76k or where an employee or a labor organization representing an employee institutes an action to enforce an arbitration award which requires an employer to make an employee whole or to make payments to an employee welfare fund, such employee or labor organization [may] shall recover, in a civil action, (1) twice the full amount of such wages, with costs and such reasonable attorney's fees as may be allowed by the court, [and any] or (2) if the employer establishes that the employer had a good faith belief that the underpayment of wages was in compliance with law, the full amount of such wages or compensation, with costs and such reasonable attorney's fees as may be allowed by the court. Any agreement between [him] an employee and his or her employer for payment of wages other than as specified in said sections shall be no defense to such action. The Labor Commissioner may collect the full amount of any such unpaid wages, payments due to an employee welfare fund or such arbitration award, as well as interest calculated in accordance with the provisions of section 31-265 from the date the wages or payment should have been received, had payment been made in a timely manner. In addition, the Labor Commissioner may bring any legal action necessary to recover twice the full amount of unpaid wages, payments due to an employee welfare fund or arbitration award, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall distribute any wages, arbitration awards or payments due to an employee welfare fund collected pursuant to this section to the appropriate person.

Sec. 502. Section 31-68 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) If any employee is paid by his or her employer less than the minimum fair wage or overtime wage to which he or she is entitled under sections 31-58, 31-59 and 31-60 or by virtue of a minimum fair wage order he [may] or she shall recover, in a civil action, (1) twice the full amount of such minimum wage or overtime wage less any amount actually paid to him or her by the employer, with costs and such reasonable attorney's fees as may be allowed by the court, [and any] or (2) if the employer establishes that the employer had a good faith belief that the underpayment of such wages was in compliance with the law, the full amount of such minimum wage or overtime wage less any amount actually paid to him or her by the employer, with costs and such reasonable attorney's fees as may be allowed by the court. Any agreement between [him] an employee and his or her employer to work for less than such minimum fair wage or overtime wage shall be no defense to such action. The commissioner may collect the full amount of unpaid minimum fair wages or unpaid overtime wages to which an employee is entitled under said sections or order, as well as interest calculated in accordance with the provisions of section 31-265 from the date the wages should have been received, had they been paid in a timely manner. In addition, the commissioner may bring any legal action necessary to recover twice the full amount of the unpaid minimum fair wages or unpaid overtime wages to which the employee is entitled under said sections or under an order, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. The commissioner shall distribute any wages or interest collected pursuant to this section to the employee or in accordance with the provisions of subsection (b) of this section.

(b) All wages collected by the commissioner for an employee whose whereabouts are unknown to the commissioner shall be held by the commissioner for three months and thereafter the commissioner may, in his discretion, pay the same, on application, to the husband or wife or, if none, to the next of kin of such employee. As a condition of such payment, the commissioner or his authorized representative shall require proof of the relationship of the claimant and the execution of a bond of indemnity and a receipt for such payment. Notwithstanding the provisions of section 3-60b, any such wages held by the commissioner for two years without being claimed shall escheat to the state, subject to the provisions of sections 3-66a to 3-71a, inclusive. "

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

Sec. 501

October 1, 2014

31-72

Sec. 502

October 1, 2014

31-68

Senator Markley of the 16th offered Senate Amendment Schedule “B” (LCO 4740) and moved adoption.

Remarking was Senator Holder-Winfield of the 10th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 13 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 Senate Amendment Schedule “B” (LCO 4740) 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

A

   

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

A

   

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 8, strike "any discriminatory" and insert in lieu thereof ": "

Strike lines 9 and 10 in their entirety

Senator Markley of the 16th offered Senate Amendment Schedule “C” (LCO 4739) and moved adoption.

Remarking was Senator Holder-Winfield of the 10th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 20 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 Senate Amendment Schedule “C” (LCO 4739) 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

A

   

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

A

   

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

Strike subsection (d) in its entirety and reletter the remaining subsections and internal references accordingly

Senator Markley of the 16th offered Senate Amendment Schedule “D” (LCO 4721) and moved adoption.

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

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 56 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “D” (LCO 4721) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

   

N

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 59, strike "(2) suspend the"

Strike lines 60 and 61 in their entirety

In line 62, strike "than ninety days for each subsequent violation, and (3)" and insert in lieu thereof "and (2)"

Senator Markley of the 16th offered Senate Amendment Schedule “E” (LCO 4735) and moved adoption.

THE PRESIDENT IN THE CHAIR

Remarking were Senators Linares of the 33rd, Holder-Winfield of the 10th and Boucher of the 26th.

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 46a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) It shall be a discriminatory practice in violation of this section:

(1) For an employer, by the employer or the employer's agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment because of the individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;

(2) For any employment agency, except in the case of a bona fide occupational qualification or need, to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;

(3) For a labor organization, because of the race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness of any individual to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless such action is based on a bona fide occupational qualification;

(4) For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory employment practice or because such person has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;

(5) For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any act declared to be a discriminatory employment practice or to attempt to do so;

(6) For any person, employer, employment agency or labor organization, except in the case of a bona fide occupational qualification or need, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against individuals because of their race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness;

(7) For an employer, by the employer or the employer's agent: (A) To terminate a woman's employment because of her pregnancy; (B) to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy; (C) to deny to that employee, who is disabled as a result of pregnancy, any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer; (D) to fail or refuse to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so; (E) to fail or refuse to make a reasonable effort to transfer a pregnant employee to any suitable temporary position which may be available in any case in which an employee gives written notice of her pregnancy to her employer and the employer or pregnant employee reasonably believes that continued employment in the position held by the pregnant employee may cause injury to the employee or fetus; (F) to fail or refuse to inform the pregnant employee that a transfer pursuant to subparagraph (E) of this subdivision may be appealed under the provisions of this chapter; or (G) to fail or refuse to inform employees of the employer, by any reasonable means, that they must give written notice of their pregnancy in order to be eligible for transfer to a temporary position;

(8) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression. "Sexual harassment" shall, for the purposes of this section, be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;

(9) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to request or require information from an employee, person seeking employment or member relating to the individual's child-bearing age or plans, pregnancy, function of the individual's reproductive system, use of birth control methods, or the individual's familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need, provided an employer, through a physician may request from an employee any such information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus if the employer first informs the employee of the hazards involved in exposure to such substances;

(10) For an employer, by the employer or the employer's agent, after informing an employee, pursuant to subdivision (9) of this subsection, of a workplace exposure to substances which may cause birth defects or constitute a hazard to an employee's reproductive system or to a fetus, to fail or refuse, upon the employee's request, to take reasonable measures to protect the employee from the exposure or hazard identified, or to fail or refuse to inform the employee that the measures taken may be the subject of a complaint filed under the provisions of this chapter. Nothing in this subdivision is intended to prohibit an employer from taking reasonable measures to protect an employee from exposure to such substances. For the purpose of this subdivision, "reasonable measures" shall be those measures which are consistent with business necessity and are least disruptive of the terms and conditions of the employee's employment;

(11) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent: (A) To request or require genetic information from an employee, person seeking employment or member, or (B) to discharge, expel or otherwise discriminate against any person on the basis of genetic information. For the purpose of this subdivision, "genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member.

(b) (1) The provisions of this section concerning age shall not apply to: (A) The termination of employment of any person with a contract of unlimited tenure at an independent institution of higher education who is mandatorily retired, on or before July 1, 1993, after having attained the age of seventy; (B) the termination of employment of any person who has attained the age of sixty-five and who, for the two years immediately preceding such termination, is employed in a bona fide executive or a high policy-making position, if such person is entitled to an immediate nonforfeitable annual retirement benefit under a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, from such person's employer, which equals, in aggregate, at least forty-four thousand dollars; (C) the termination of employment of persons in occupations, including police work and fire-fighting, in which age is a bona fide occupational qualification; (D) the operation of any bona fide apprenticeship system or plan; or (E) the observance of the terms of a bona fide seniority system or any bona fide employee benefit plan for retirement, pensions or insurance which is not adopted for the purpose of evading said provisions, except that no such plan may excuse the failure to hire any individual and no such system or plan may require or permit the termination of employment on the basis of age. No such plan which covers less than twenty employees may reduce the group hospital, surgical or medical insurance coverage provided under the plan to any employee who has reached the age of sixty-five and is eligible for Medicare benefits or any employee's spouse who has reached age sixty-five and is eligible for Medicare benefits except to the extent such coverage is provided by Medicare. The terms of any such plan which covers twenty or more employees shall entitle any employee who has attained the age of sixty-five and any employee's spouse who has attained the age of sixty-five to group hospital, surgical or medical insurance coverage under the same conditions as any covered employee or spouse who is under the age of sixty-five.

(2) No employee retirement or pension plan may exclude any employee from membership in such plan or cease or reduce the employee's benefit accruals or allocations under such plan on the basis of age. The provisions of this subdivision shall be applicable to plan years beginning on or after January 1, 1988, except that for any collectively bargained plan this subdivision shall be applicable on the earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of the collective bargaining agreement, or (ii) January 1, 1988.

(3) The provisions of this section concerning age shall not prohibit an employer from requiring medical examinations for employees for the purpose of determining such employees' physical qualification for continued employment.

(4) Any employee who continues employment beyond the normal retirement age in the applicable retirement or pension plan shall give notice of intent to retire, in writing, to such employee's employer not less than thirty days prior to the date of such retirement.

(c) The provisions of this section shall not apply to any person, employer, labor organization or employment agency that discharges or expels, fails or refuses to classify properly or refer for employment, refuses to hire or employ, bars or discharges from employment or otherwise discriminates against an employee or person seeking employment because such employee or person seeking employment (1) has been diagnosed by a psychiatrist licensed pursuant to chapter 370 as suffering from pedophilia, and (2) currently works in an environment or is seeking work in an environment that may require any interaction with a child, as defined in section 49b-120. "

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

Sec. 501

October 1, 2014

46a-60

Remarking were Senators Kane of the 32nd, Holder-Winfield of the 10th, Frantz of the 36th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 03 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 Senate Bill No. 371 as amended by Senate Amendments Schedule “A” (LCO 4447) and "E" (LCO 4735) was Passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

A

   

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING 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.

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

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 4597) and moved adoption.

Remarking was Senator Welch of the 31st.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 16, after "practitioner" insert "having provided services as a school nurse or nurse practitioner for a period of one year or less"

In line 18, strike "and the Association of School Nurses of"

In line 19, strike "Connecticut"

Remarking were Senators Gerratana of the 6th, Welch of the 31st, Kane of the 32nd, Boucher of the 26th, Witkos of the 8th and Chapin of the 30th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 31 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 27

Those voting Nay 9

Those absent and not voting 0

On the roll call vote Senate Bill No. 224 as amended by Senate Amendment Schedule “A” (LCO 4597) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

   

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

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

JUDICIARY. S. B. No. 361 (RAISED) (File No. 424) AN ACT CONCERNING FAMILY IMPACT STATEMENTS.

Senator Coleman of the 2nd explained the bill, offered Senate Amendment Schedule “A” (LCO 4779) and moved adoption.

Remarking was Senator Kissel of the 7th.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 4, after "statement" insert "to the court"

In line 5, after the period, insert the following:

"If the defendant submits a family impact statement to the court pursuant to this subsection, the defendant shall also submit such family impact statement to the probation officer conducting any presentence investigation that is required or ordered pursuant to section 54-91a of the general statutes, which submission shall be made on or before the date set by the court for such submission, or, if no presentence investigation is conducted, the defendant shall submit such family impact statement to the prosecuting official at least twenty-four hours prior to the date set for sentencing. "

Remarking were Senators Kissel of the 7th and Coleman of the 2nd.

SENATOR DUFF IN THE CHAIR

Senator Kissel of the 7th offered Senate Amendment Schedule “B” (LCO 4843) and moved adoption.

THE PRESIDENT IN THE CHAIR

Remarking was Senator Coleman of the 2nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 48 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “B” (LCO 4843) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

   

N

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 4, after "statement" insert "to the court, signed under penalty of false statement,"

Senator Kissel of the 7th offered Senate Amendment Schedule “C” (LCO 4842) and moved adoption.

Remarking were Senators Coleman of the 2nd and Boucher of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 58 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “C” (LCO 4842) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

   

N

5

BETH BYE

   

N

23

ANDRES AYALA

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

   

N

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment.

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

"Sec. 501. (NEW) (Effective October 1, 2014) (a) For the purposes of this section: (1) "Earliest possible release date" means the date, calculated as of the date of sentencing, on which a defendant convicted of a crime that is subject to a term of imprisonment would be eligible to be released from incarceration or eligible for parole release, considering: (A) The term of the sentence; (B) the term of any other sentence that the defendant must serve, either concurrently or consecutively; (C) credit that the defendant has earned before sentencing that may reduce the defendant's period of incarceration, including, but not limited to, any credit for presentence confinement earned pursuant to section 18-98d of the general statutes; and (D) the maximum amount of credit such defendant may be eligible to earn as an inmate, including, but not limited to, risk reduction credit under the provisions of section 18-98e of the general statutes; (2) "credit" means any time that may be credited to an inmate to reduce such inmate's period of incarceration; and (3) "inmate" means an inmate, as defined in section 18-84 of the general statutes.

(b) At the time of sentencing of a defendant, the sentencing judge shall indicate the maximum period of incarceration that may apply to the defendant, the earliest possible release date for the defendant, and the earliest possible date of parole release eligibility for the defendant under section 54-125a of the general statutes, as amended by this act, based on the information available on the date of sentencing. The judge shall indicate whether the defendant may be eligible to earn risk reduction credit pursuant to section 18-98e of the general statutes and shall indicate the maximum amount of credit that such defendant may earn under said section, if eligible.

Sec. 502. Subsection (d) of section 54-91c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(d) Upon the request of a victim, prior to the acceptance by the court of a plea of a defendant pursuant to a proposed plea agreement, the state's attorney, assistant state's attorney or deputy assistant state's attorney in charge of the case shall provide such victim with the terms of such proposed plea agreement in writing, including, but not limited to, the maximum period of incarceration that may apply to the defendant, the earliest possible release date for the defendant, and the earliest possible date of parole release eligibility for the defendant, calculated in accordance with subsection (b) of section 501 of this act. "

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

Sec. 501

October 1, 2014

New section

Sec. 502

October 1, 2014

54-91c(d)

Remarking were Senators Kissel of the 7th, Boucher of the 26th, Coleman of the 2nd and McKinney of the 28th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5: 42 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 18

Those voting Nay 17

Those absent and not voting 1

On the roll call vote Senate Bill No. 361 as amended by Senate Amendment Schedule “A” (LCO 4779) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

   

N

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

A

   

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

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

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT DESIGNATED

BILLS PASSED TEMPORARILY

The following favorable reports were taken from the table, read the third time, the reports of the Committees accepted bill was Passed Temporarily.

APPROPRIATIONS. Substitute for S. B. No. 229 (RAISED) (File Nos. 11 and 664) AN ACT CONCERNING SUDDEN CARDIAC ARREST PREVENTION.

Senator Bartolomeo of the 13th explained the bill, offered Senate Amendment Schedule “A” (LCO 4791) and moved adoption.

Remarking was Senator Linares of the 33rd.

On the Motion of Senator Doyle of the 9th the bill with Senate Amendment Schedule "A" (LCO 4791) designated was Passed Temporarily.

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.

JUDICIARY. Substitute for S. B. No. 178 (RAISED) (File No. 168) AN ACT CONCERNING SENIOR SAFETY ZONES.

Senator Ayala of the 23rd explained the bill, offered Senate Amendment Schedule “A” (LCO 4123) and moved adoption.

Remarking was Senator Osten of the 19th and Kelly of the 21st.

On motion of Senator Ayala of the 23rd, the bill as amended by Senate Amendment Schedule “A” (LCO 4123) was placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 410 (RAISED) (File No. 388) AN ACT CONCERNING ADMINISTRATIVE HEARINGS CONDUCTED BY THE DEPARTMENT OF SOCIAL SERVICES.

Senator Slossberg of the 14th explained the bill, offered Senate Amendment Schedule “A” (LCO 4571) and moved adoption.

On a voice vote the amendment was Adopted.

The following is the Amendment.

Strike subsection (b) of section 1 in its entirety and renumber remaining subsections and internal references accordingly

In line 166, strike "ninety" and insert "one hundred five" in lieu thereof

Remarking were Senators Markley of the 16th and Kelly of the 21st.

On motion of Senator Slossberg of the 14th, the bill as amended by Senate Amendment Schedule “A” (LCO 4571) was placed on the Consent Calendar No 1.

BILL PASSED TEMPORARILY EARLIER TODAY

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT WITHDRAWN

SENATE AMENDMENT ADOPTED

BILL PASSED

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

APPROPRIATIONS. Substitute for S. B. No. 229 (RAISED) (File Nos. 11 and 664) AN ACT CONCERNING SUDDEN CARDIAC ARREST PREVENTION.

Senator Bartolomeo of the 13th withdrew Senate Amendment Schedule "A" (LCO4791) which was designated earlier today.

Senator Bartolomeo of the 13th offered Senate Amendment Schedule “B” (LCO 4915) and moved adoption.

Remarking were Senatora Linares of the 33rd, Kissel of the 7th, Witkos of the 8th, Kane of the 32nd, Boucher of the 26th, Leone of the 27th, Duff of the 25th, Fasano of the 34th, McKinney of the 28th and Kissel of the 7th.

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 October 1, 2014) (a) For purposes of this section and sections 2 to 5, inclusive, of this act, "intramural or interscholastic athletics" shall include any activity sponsored by a school or local education agency, as defined in section 10-15f of the general statutes, or an organization sanctioned by the local education agency that involves any athletic contest, practice, scrimmage, competition, demonstration, display or club activity.

(b) For the school year commencing July 1, 2015, and each school year thereafter, the State Board of Education, in consultation with (1) the Commissioner of Public Health, (2) the governing authority for intramural and interscholastic athletics, (3) an appropriate organization representing licensed athletic trainers, and (4) an organization representing national, state or local medical associations, shall develop or approve a sudden cardiac arrest awareness education program for use by local and regional boards of education. Such program shall be published on the State Board of Education's Internet web site and shall include: (A) The warning signs and symptoms associated with a sudden cardiac arrest, including, but not limited to, fainting, difficulty breathing, chest pain, dizziness and abnormal racing heart rate, (B) the risks associated with continuing to engage in intramural or interscholastic athletics after exhibiting such warning signs and symptoms, (C) the means of obtaining proper medical treatment for a person suspected of experiencing a sudden cardiac arrest, and (D) the proper method of allowing a student who has experienced a sudden cardiac arrest to return to intramural or interscholastic athletics. When developing or approving such program, the State Board of Education may utilize existing materials developed by organizations such as Simon's Fund.

(c) (1) On or before July 1, 2015, the State Board of Education, in consultation with the organizations described in subdivisions (1) to (4), inclusive, of subsection (b) of this section, shall develop and approve an informed consent form to distribute to the parents and legal guardians of students involved in intramural or interscholastic athletics regarding sudden cardiac arrest. Such informed consent form shall include, at a minimum, (A) a summary of the sudden cardiac arrest awareness education program described in subsection (b) of this section, and (B) a summary of the applicable local or regional board of education's policies regarding sudden cardiac arrests.

(2) For the school year commencing July 1, 2015, and each school year thereafter, any person who holds or is issued a coaching permit by the State Board of Education and is a coach of intramural or interscholastic athletics shall, prior to commencing the coaching assignment for the season of such school athletics, provide each participating student's parent or legal guardian with a copy of the informed consent form described in subdivision (1) of this subsection and obtain such parent's or legal guardian's signature, attesting to the fact that such parent or legal guardian has received a copy of such form and authorizes the student to participate in the intramural or interscholastic athletics.

Sec. 2. (NEW) (Effective October 1, 2014) For the school year commencing July 1, 2015, and each school year thereafter, any person who holds or is issued a coaching permit by the State Board of Education and is a coach of intramural or interscholastic athletics shall annually review the program developed or approved pursuant to subsection (b) of section 1 of this act, prior to commencing the coaching assignment for the season of such intramural or interscholastic athletics.

Sec. 3. (NEW) (Effective October 1, 2014) (a) For the school year commencing July 1, 2015, and each school year thereafter:

(1) The coach of any intramural or interscholastic athletics shall immediately remove a student from participating in any intramural or interscholastic athletics who is observed to exhibit signs, symptoms or behaviors consistent with those described in the sudden cardiac arrest awareness education program developed or approved pursuant to subsection (b) of section 1 of this act.

(2) The coach shall not permit such student to participate in any intramural or interscholastic athletics until such student receives written clearance to participate in such intramural or interscholastic athletics from a licensed health care professional.

(b) For purposes of this section, "licensed health care professional" means a physician licensed pursuant to chapter 370 of the general statutes, a physician assistant licensed pursuant to chapter 370 of the general statutes, or an advanced practice registered nurse licensed pursuant to chapter 378 of the general statutes.

Sec. 4. (NEW) (Effective October 1, 2014) For the school year commencing July 1, 2015, and each school year thereafter, the State Board of Education may revoke the coaching permit, in accordance with the provisions of subsection (i) of section 10-145b of the general statutes, of any coach found to be in violation of any of the provisions of section 2 of this act.

Sec. 5. (NEW) (Effective October 1, 2014) (a) For the school year commencing July 1, 2015, and each school year thereafter, any person who holds or is issued a coaching permit by the State Board of Education and is a coach of intramural or interscholastic athletics shall be immune from suit and liability, both personally and in his or her official capacity, for any actions or omissions pursuant to the provisions of sections 1 to 3, inclusive, of this act, unless the actions or omissions of such person constitute wilful misconduct, gross negligence or recklessness.

(b) Nothing in sections 1 to 3, inclusive, of this act shall be construed to relieve a coach of intramural or interscholastic athletics of his or her duties or obligations under any provision of the general statutes, the regulations of Connecticut state agencies or a collective bargaining agreement. "

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

Section 1

October 1, 2014

New section

Sec. 2

October 1, 2014

New section

Sec. 3

October 1, 2014

New section

Sec. 4

October 1, 2014

New section

Sec. 5

October 1, 2014

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 57 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 Senate Bill No. 229 as amended by Senate Amendment Schedule “B” (LCO 4915) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

A

   

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

JUDICIARY. Substitute for S. B. No. 43 (RAISED) (File Nos. 25 and 420) AN ACT CONCERNING REVISIONS TO THE DEPARTMENT OF CHILDREN AND FAMILIES STATUTES.

Senator Bartolomeo of the 13th explained the bill, offered Senate Amendment Schedule “A” (LCO 4946) and moved adoption.

Remarking was Senator McKinney of the 28th.

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. Subsection (c) of section 17b-749 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(c) The commissioner shall establish eligibility and program standards including, but not limited to: (1) A priority intake and eligibility system with preference given to serving recipients of temporary family assistance who are employed or engaged in employment activities under the department's "Jobs First" program, working families whose temporary family assistance was discontinued not more than five years prior to the date of application for the child care subsidy program, teen parents, low-income working families, adoptive families of children who were adopted from the Department of Children and Families and who are granted a waiver of income standards under subdivision (2) of subsection (b), and working families who are at risk of welfare dependency; (2) health and safety standards for child care providers not required to be licensed; (3) a reimbursement system for child care services which account for differences in the age of the child, number of children in the family, the geographic region and type of care provided by licensed and unlicensed caregivers, the cost and type of services provided by licensed and unlicensed caregivers, successful completion of fifteen hours of annual in-service training or credentialing of child care directors and administrators, and program accreditation; (4) supplemental payment for special needs of the child and extended nontraditional hours; (5) an annual rate review process for providers which assures that reimbursement rates are maintained at levels which permit equal access to a variety of child care settings; (6) a sliding reimbursement scale for participating families; (7) an administrative appeals process; (8) an administrative hearing process to adjudicate cases of alleged fraud and abuse and to impose sanctions and recover overpayments; (9) an extended period of program and payment eligibility when a parent who is receiving a child care subsidy experiences a temporary interruption in employment or other approved activity; and (10) a waiting list for the child care subsidy program that reflects the priority and eligibility system set forth in subdivision (1) of this subsection, which is reviewed periodically, with the inclusion of this information in the annual report required to be issued annually by the Department of Social Services to the Governor and the General Assembly in accordance with subdivision (10) of section 17b-733. [Such action will] Information provided by the Department of Social Services shall include, but not be limited to, family income, age of child, region of state and length of time on such waiting list. The commissioner shall not award a child care subsidy pursuant to this section to any person who has received a child care subsidy from the Department of Children and Families for the same child during the same time period for which a child care subsidy is sought pursuant to this section. "

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

Sec. 501

July 1, 2014

17b-749(c)

Remarking were Senators Bartolomeo of the 13th and Linares of the 33rd.

On motion of Senator Bartolomeo of the 13th, the bill as amended by Senate Amendment Schedule “A” (LCO 4946) was placed on the Consent Calendar No 1.

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.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 309 (RAISED) (File Nos. 279 and 665) AN ACT CONCERNING MUNICIPAL COSTS FOR THE CARE OF CONFISCATED ANIMALS AND ESTABLISHING A TASK FORCE ON THE HUMANE TREATMENT OF ANIMALS IN MUNICIPAL SHELTERS.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 4833) and moved adoption.

Remarking were Senators Chapin of the 30th, Kane of the 32nd 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. Subsections (f) to (k), inclusive, of section 22-329a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(f) If the court issues an order vesting the animal's temporary care and custody in some suitable state, municipal or other public or private agency or person, the owner or owners shall either relinquish ownership of the animal or post a surety bond or cash bond with the agency or person in whom the animal's temporary care and custody was vested. The surety bond or cash bond shall be in the amount of five hundred dollars for each animal placed in the temporary care or custody of such agency or person and shall secure payment for the reasonable expenses of the agency or person having temporary care and custody of the animal in caring and providing for such animal until the court makes a finding as to the animal's disposition under subsection (g) of this section. The requirement that a bond be posted may be waived if such owner provides satisfactory evidence that such owner is indigent and unable to pay for such bond.

(g) (1) If, after hearing, the court finds that the animal is neglected or cruelly treated, it shall vest ownership of the animal in any state, municipal or other public or private agency which is permitted by law to care for neglected or cruelly treated animals or with any person found to be suitable or worthy of such responsibility by the court.

(2) If, after hearing, the court finds that the animal is so injured or diseased that it should be destroyed, the court may order that such animal be humanely destroyed.

(3) If, after hearing, the court finds that the animal is not neglected or cruelly treated, it may cause the animal to be returned to its owner or owners or person having responsibility for its care or, if such owner or owners or person is unknown or unwilling to resume caring for such animal, it may vest ownership of the animal in any state, municipal or other public or private agency or person found to be suitable or worthy of such responsibility.

(4) If the court makes a finding under subdivision (1) or (2) of this subsection less than thirty days after the issuance of an order of temporary care and custody and the owner of the animal has posted a bond, the agency or person with whom the bond was posted shall return the balance of such bond, if any, to the owner. The amount of the bond to be returned to the owner shall be calculated at the rate of fifteen dollars per day per animal or twenty-five dollars per day per animal if the animal is a horse or other large livestock for the number of days less than thirty that such agency or person has not had temporary care and custody of the animal less any veterinary costs and expenses incurred for the welfare of the animal.

(5) If the court makes a finding under subdivision (3) of this subsection after the issuance of an order of temporary care and custody and the owner of the animal has posted a bond, the agency or person with whom the bond was posted shall return such bond to such owner.

(h) If the court finds that the animal is neglected or cruelly treated, the expenses incurred by the state or a municipality in providing proper food, shelter and care to an animal it has taken custody of under subsection (a) or (b) of this section and the expenses incurred by any state, municipal or other public or private agency or person in providing temporary care and custody pursuant to an order vesting temporary care and custody, calculated at the rate of fifteen dollars per day per animal or twenty-five dollars per day per animal if the animal is a horse or other large livestock until the date ownership is vested pursuant to subdivision (1) of subsection (g) of this section shall be paid by the owner or owners or person having responsibility for the care of the animal. In addition, all veterinary costs and expenses incurred for the welfare of the animal that are not covered by the per diem rate shall be paid by the owner or owners or person having responsibility for the animal.

(i) If the court vests ownership of the animal in the Commissioner of Agriculture or a municipality, the commissioner or the municipality may conduct or participate in a public auction of the animal under such conditions the commissioner or the municipality deems necessary or the commissioner or the municipality may consign the animal to an auction or sell the animal through an open advertised bid process whereby bid price and demonstration of sufficient knowledge and ability to care for such animal are factors for the commissioner's or municipality's consideration. All moneys collected from the sale of animals sold by the Commissioner of Agriculture through such open advertised bid process shall be deposited in the animal abuse cost recovery account established in subsection (j) of this section. All moneys collected from the sale of animals sold by a municipality through such open advertised bid process shall be deposited by the town treasurer or other fiscal officer in the town's general fund. The commissioner or the municipality may also vest ownership of any such animal in an individual or a public or private nonprofit animal rescue or adoption organization.

(j) There is established a separate, nonlapsing account within the General Fund, to be known as the "animal abuse cost recovery account". All moneys collected from sales at public auction of animals seized by the Department of Agriculture pursuant to this section shall be deposited into the account. Deposits of moneys may be made into the account from public or private sources, including, but not limited to, the federal government or municipal governments.

(k) Notwithstanding any provision of the general statutes, any moneys received by the Department of Agriculture pursuant to subsection (j) of this section shall be deposited in the General Fund and credited to the animal abuse cost recovery account. The account shall be available to the Commissioner of Agriculture for the purpose of the housing, care and welfare of any animal seized by the department, until final disposition of such animal. Additionally, the account may be used for the purpose of providing reimbursement to any municipality for the costs of providing temporary care to such animal if such temporary care exceeded thirty days in duration and such costs exceeded the amount of any surety bond or cash bond posted pursuant to subsection (f) of this section provided the total annual reimbursement to municipalities from said account for such purpose shall not exceed twenty-five thousand dollars. Nothing in this section shall prevent the commissioner from obtaining or using funds from sources other than the account for the housing, care and welfare of any animal seized by the department pursuant to this section.

Sec. 2. Subsection (e) of section 22-380g of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) Any revenue collected pursuant to the provisions of sections 22-380f and 22-380l shall be deposited in the animal population control account. All money in the account shall be used by the commissioner exclusively for (1) the implementation and promotion of the animal population control program, (2) the costs associated with the administration of such program, provided not more than two hundred twenty-five thousand dollars may be expended for administrative costs per year, and (3) reimbursement of persons completing a training program pursuant to subsections (c) and (d) of section 22-328, for the costs of such program, provided moneys in the account may also be used to provide reimbursement to any municipality for the costs of providing temporary care to any animal pursuant to section 22-329a, as amended by this act, if such temporary care exceeded thirty days in duration and such costs exceeded the amount of any surety bond or cash bond posted pursuant to subsection (f) of section 22-329a, as amended by this act, provided the total annual reimbursement to municipalities from said account for such purpose shall not exceed fifty thousand dollars.

Sec. 3. (Effective from passage) (a) There is established a task force to study the humane treatment of animals in municipal and regional shelters and other matters concerning the operation of such municipal and regional shelters. The task force shall consider: (1) Recommendations for the establishment of standards for the humane treatment of animals in such shelters; (2) existing education and training standards for animal control officers on current license laws; (3) rules and regulations regarding and penalties for abuse; (4) the development of a system to track persons who have been convicted of animal abuse in order to prevent such persons from acquiring animals from shelters in other municipalities or states; (5) the establishment of standards for such shelters to use when evaluating potential adopters for such animals; (6) the establishment of rules and responsibilities for volunteer groups that work with such shelters and animal control officers; and (7) the creation of a framework to coordinate the efforts of local humane organizations with volunteer groups, foster groups and municipal and regional animal shelters.

(b) In addition to the Commissioner of Agriculture or the commissioner's designee, the task force shall consist of the following members:

(1) Two appointed by the speaker of the House of Representatives, one of whom shall be a member of a local animal welfare advocacy organization and one whom shall be a sworn officer of a municipal police department;

(2) Two appointed by the president pro tempore of the Senate, one of whom shall be an animal control officer and one who shall be a representative of the judicial branch;

(3) One appointed by the majority leader of the House of Representatives, who shall be a chief elected official from a town with a population of more than twenty-five thousand persons;

(4) One appointed by the majority leader of the Senate, who shall be a licensed veterinarian;

(5) One appointed by the minority leader of the House of Representatives, who shall be a person who volunteers to work with municipal animal shelters and animal control officers; and

(6) One appointed by the minority leader of the Senate, who shall be a chief elected official from a town with a population of twenty-five thousand persons or less.

(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5) or (6) of subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to local governments shall serve as administrative staff of the task force.

(g) Not later than January 1, 2015, the task force shall submit a report on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to local governments and the environment, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2015, whichever is later. "

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

Section 1

from passage

22-329a(f) to (k)

Sec. 2

from passage

22-380g(e)

Sec. 3

from passage

New section

On motion of Senator Meyer of the 12th, the bill as amended by Senate Amendment Schedule “A” (LCO 4833) was placed on the Consent Calendar No 1.

GENERAL LAW. Substitute for S. B. No. 269 (RAISED) (File No. 193) AN ACT CONCERNING A SINGLE ALCOHOLIC LIQUOR PERMIT FOR MULTIPLE EVENTS IN A CALENDAR YEAR.

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.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

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

APPROPRIATIONS. Substitute for S. B. No. 10 (RAISED) (File No. 7) AN ACT CONCERNING COPAYMENTS FOR BREAST ULTRASOUND SCREENINGS.

Senator Crisco of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 4678) and moved adoption.

Remarking and Senator Kelly of the 21st, Welch of the 31st and Witkos of the 8th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 33 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 25

Those voting Nay 9

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “A” (LCO 4678) was Adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

A

   

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

   

N

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

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

A

   

10

GARY HOLDER-WINFIELD

 

Y

 

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

 

Y

 

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

The following is the Amendment.

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

"Sec. 501. Section 38a-511a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):

No individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall impose copayments that exceed a maximum of thirty dollars per visit for in-network (1) physical therapy services rendered by a physical therapist licensed under section 20-73, or (2) occupational therapy services rendered by an occupational therapist licensed under section 20-74b or 20-74c.

Sec. 502. Section 38a-550a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2015):

No group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, renewed, amended or continued in this state shall impose copayments that exceed a maximum of thirty dollars per visit for in-network (1) physical therapy services rendered by a physical therapist licensed under section 20-73, or (2) occupational therapy services rendered by an occupational therapist licensed under section 20-74b or 20-74c. "

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

Sec. 501

January 1, 2015

38a-511a

Sec. 502

January 1, 2015

38a-550a

Remarking was Senator Crisco of the 17th, Kelly of the 21st, Kane of the 32nd, Fasano of the 34th and Hartley of the 15th.

On motion of Senator Crisco of the 17th, the bill as amended by Senate Amendment Schedule “A” (LCO 4678) was placed on the Consent Calendar No 1.

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 11: 50 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

A

   

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 11: 51 p. m. adjourned subject to the call of the chair.