JOURNAL OF THE SENATE

Wednesday, May 7, 2014

The Senate was called to order at 1: 24 p. m. , the President in the Chair.

The prayer was offered by the Deputy Chaplain, Reverend David H. Baird of Putnam, Connecticut.

The following is the prayer:

Dear God, Great Architect of all goodness on this earth, as we seek Your guidance this day let us listen to the words of one of Your prophets… (Isaiah 62: 1 from the New Living Translation)

Because I love Zion, I will not keep still. Because my heart yearns for Jerusalem, I cannot remain silent. I will not stop praying for her until her righteousness shines like the dawn, and her salvation blazes like a burning torch.

Gracious Lord, throughout the history of our country you have called faithful servants and filled their hearts with a burning love of service to neighbor, community, state and country. Instead of giving into despair at our differences and difficult challenges and saying “why”, they have dared to dream dreams and say “yes” to, and to work for, a better world. For generation after generation they have sacrificed much to be Connecticut's servant leaders. It is with grateful hearts that we give thanks for those who could not keep silent and who helped the great State of Connecticut to shine like the dawn.

As we close the Legislative Session of 2014 we give thanks for all the people who have been called to the sacred task of governance: Senators, Representatives, Executives and staff.   This work embraces those who research and write our laws and those who clean the halls, from our Governor and Lt. Governor and Legislative leaders to those who run the copiers, staff the committees and answer the phones. All have faithfully served the great American vision of a government of the people, for the people and by the people. We ask for Your blessing on all and that You prosper the work they have done together.

We especially give thanks to those who have completed many years of dedicated service in this chamber and who now are passing on the torch to a new generation; Senator Gary Lebeau, Senator John McKinney, Senator Edward Meyer, Senator Andrea Stillman, Senator Jason Welch and Senate President Pro-tempore Donald Williams. May you continue to guide them in all their days ahead and may you whisper in their hearts, “Well Done, thou good and faithful Servant”. Fill their souls with our deep gratitude for the raising of their voices for justice and for exercising their servant leadership with integrity and courage.

While we have miles to go before we sleep this day, when we are done with our work we ask that you send us safely home this night with the assurance of your loving kindness and peace. We ask this in your sacred presence and name. Amen.

PLEDGE

Senators Williams of the 29th and McKinney of the 28th led the Senate in the pledge of Allegiance.

NATIONAL ANTHEM

Maureen Urso of Wethersfield, Connecticut sang the National Anthem.

SENATOR WILLIAMS IN THE CHAIR

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PASSED

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

ENERGY AND TECHNOLOGY. Substitute for H. B. No. 5408 (RAISED) (File Nos. 406 and 752) AN ACT CONCERNING TREE TRIMMING. (As amended by House Amendment Schedule "A").

Senator Duff of the 25th explained the bill as amended and moved passage.

Remarking were Senators Chapin of the 30th and Crisco of the 17th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 11 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. 5408 s amended by House Amendment Schedule "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

 

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

A

   

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

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5502 (RAISED) (File Nos. 356 and 681) AN ACT CONCERNING CHANGES TO THE PROPERTY AND CASUALTY AND SURPLUS LINES INSURANCE STATUTES. (As amended by House Amendment Schedule "A").

Senator Crisco of the 17th explained the bill as amended and moved passage.

Remarking was Senator Kelly of the 21st.

Senator Kelly of the 21st offered Senate Amendment Schedule “A” (LCO 4599) and moved adoption.

Remarking was Senator Crisco of the 17th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 25 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 8

Those voting Nay 28

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “A” (LCO 4599) 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

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

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

   

N

33

ART LINARES

 

Y

 

16

JOE MARKLEY

   

N

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

   

N

36

L. SCOTT FRANTZ

The following is the Amendment.

In line 10, after "storms. " insert the following: "As used in this subsection, "storm shutters" means steel, aluminum or other solid metal window coverings used to protect dwellings from damage caused by storms. "

SENATOR DUFF IN THE CHAIR

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 27 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 28

Those voting Nay 8

Those absent and not voting 0

On the roll call vote House Bill No. 5502 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

 

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

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

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

   

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

 

Y

 

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

 

Y

 

36

L. SCOTT FRANTZ

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

Senator Stillman of the 20th explained the bill, offered Senate Amendment Schedule “A” (LCO 5110) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 12, after "Education" insert ", with the advice and consent of both houses of the General Assembly"

Strike section 2 in its entirety and insert the following in lieu thereof:

"Sec. 2. (NEW) (Effective from passage) (a) The purposes of the State Education Resource Center, established pursuant to section 1 of this act, shall be to assist the State Board of Education in the provision of programs and activities that will promote educational equity and excellence. Such activities shall be limited to: Training, technical assistance and professional development for local and regional boards of education, school leaders, teachers, families and community partners in the form of seminars, publications, site visits, on-line content and other appropriate means; maintaining a state education resource center library; publication of technical materials; research and evaluation; writing, managing, administering and coordinating grants for the purposes described in this subsection; and any other related activities directly related to the purposes described in this subsection. The center may support programs and activities concerning early childhood education, in collaboration with the Office of Early Childhood, improving school and district academic performance, and closing academic achievement gaps between socio-economic subgroups, and other related programs and activities. For such purposes the center is authorized and empowered to:

(1) Have perpetual succession as a body politic and corporate and to adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Adopt an official seal and alter the same at pleasure;

(3) Maintain an office at such place or places as it may designate;

(4) Sue and be sued in its own name and plead and be impleaded;

(5) (A) Employ such assistants, agents and other employees as may be necessary or desirable who shall not be employees, as defined in subsection (b) of section 5-270 of the general statutes; (B) establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation, retirement and collective bargaining, which need not be in accordance with chapter 68 of the general statutes, and the center shall not be an employer as defined in subsection (a) of section 5-270 of the general statutes; and (C) engage consultants, attorneys and appraisers as may be necessary or desirable to carry out its purposes in accordance with this section and sections 1, 3 and 4 of this act;

(6) Receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this section and sections 1, 3 and 4 of this act, subject to such conditions upon which such grants and contributions may be made, including, but not limited to, gifts or grants from any department, agency or instrumentality of the United States or this state for any purpose consistent with this section and sections 1, 3 and 4 of this act;

(7) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this section and sections 1, 3 and 4 of this act, including contracts and agreements for such professional services as the center deems necessary, including, but not limited to, those services provided by financial consultants, underwriters and technical specialists;

(8) Acquire, lease, purchase, own, manage, hold and dispose of personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes;

(9) Invest in, acquire, lease, purchase, own, manage, hold and dispose of real property and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to carrying out the purposes of this section and sections 1, 3 and 4 of this act, provided such transactions shall be subject to approval, review or regulation by any state agency pursuant to title 4b of the general statutes or any other provision of the general statutes;

(10) Procure insurance against any liability or loss in connection with its property and other assets, in such amounts and from such insurers as it deems desirable and to procure insurance for employees;

(11) Account for and audit funds of the center and funds of any recipients of funds from the center;

(12) Hold patents, copyrights, trademarks, marketing rights, licenses, or any other evidences of protection or exclusivity as to any products as defined in this section and sections 1, 3 and 4 of this act, issued under the laws of the United States or any state or any nation;

(13) Establish advisory committees to assist in accomplishing its duties under this section and sections 1, 3 and 4 of this act, which may include one or more members of the board of directors and persons other than members; and

(14) Do all acts and things necessary or convenient to carry out the purposes of this section and sections 1, 3 and 4 of this act, and the powers expressly granted by this section and sections 1, 3 and 4 of this act.

(b) The State Education Resource Center shall establish a Connecticut School Reform Resource Center either within the State Education Resource Center or by contract through a regional educational service center, established pursuant to section 10-66a of the general statutes. The Connecticut School Reform Resource Center shall operate year-round and shall focus on serving the needs of all public schools. The Connecticut School Reform Resource Center shall (1) publish and distribute reports on the most effective practices for improving student achievement by successful schools; (2) provide a program of professional development activities for (A) school leaders, including curriculum coordinators, principals, superintendents and board of education members, and (B) teachers to educate students that includes research-based child development and reading instruction tools and practices; (3) provide information on successful models for evaluating student performance and managing student data; (4) develop strategies for assisting such students who are in danger of failing; (5) develop culturally-relevant methods for educating students whose primary language is not English; and (6) provide other programs and materials to assist in the improvement of public schools.

(c) The State Education Resource Center shall be subject to (1) rules, regulations and restrictions on purchasing, procurement, personal service agreements and the disposition of assets generally applicable to Connecticut state agencies, including those contained in titles 4, 4a and 4b of the general statutes, section 4e-19 of the general statutes, and (2) audit by the Auditors of Public Accounts under section 2-90 of the general statutes. "

Strike section 14 in its entirety and insert the following in lieu thereof:

"Sec. 14. Subdivision (20) of section 10-183b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(20) "Public school" means any day school conducted within or without this state under the orders and superintendence of a duly elected school committee, a board of education, the State Board of Education, the board of governors or any of its constituent units, the E. O. Smith School, the Children's Center and its successors, the State Education Resource Center established pursuant to section 10-4q of the 2014 supplement to the general statutes, revision of 1958, revised to January 1, 2013, the State Education Resource Center established pursuant to section 1 of this act, joint activities of boards of education authorized by subsection (b) of section 10-158a and any institution supported by the state at which teachers are employed or any incorporated secondary school not under the orders and superintendence of a duly elected school committee or board of education but located in a town not maintaining a high school and providing free tuition to pupils of the town in which it is located, and which has been approved by the State Board of Education under the provisions of part II of chapter 164, provided that such institution or such secondary school is classified as a public school by the retirement board. "

In line 437, after "2013," insert "or the State Education Resource Center established pursuant to section 1 of this act,"

Senator McLachlan of the 24th offered Senate Amendment Schedule “B” (LCO 5583) and moved adoption.

Remarking was Senator Stillman of the 20th.

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 10-244a 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 school year commencing July 1, 2013, and each school year thereafter, no municipality or local or regional board of education may employ or enter into an agreement, as described in subdivision (2) of subsection (b) of section 53a-217b, with any person, other than a sworn member of an organized local police department or a retired police officer as provided in subsection (b) of this section, to provide security services in a public school if such person will possess a firearm, as defined in section 53a-3, while in the performance of his or her duties.

(b) A municipality or a local or regional board of education may employ or enter into an agreement with a retired police officer to provide security services in a public school if such retired police officer is a qualified retired law enforcement officer, as defined in 18 USC 926C, as amended from time to time. Such retired police officer shall receive annual training pursuant to section 7-294x and shall successfully complete annual firearms training provided by a certified firearms instructor that meets or exceeds the standards of the Police Officer Standards and Training Council or 18 USC 926C, as amended from time to time. Such retired police officer shall not be subject to the licensing requirements of part II of chapter 534.

(c) For the purposes of subsection (b) of this section, "retired police officer" means (1) a sworn member of an organized local police department who was certified by the Police Officer Standards and Training Council and retired or separated in good standing from such department or a sworn member of the Division of State Police within the Department of Emergency Services and Public Protection who retired or separated in good standing from said division, (2) a sworn federal law enforcement agent who retired or separated in good standing from such federal law enforcement service and who meets or exceeds the standards of the Police Officer Standards and Training Council for certification in this state, or (3) a sworn officer of an organized police department in another state who was certified under standards that meet or exceed the standards of the Police Officer Standards and Training Council for certification in this state and who retired or separated in good standing from such department. "

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

Sec. 501

July 1, 2014

10-244a

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 35 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote Senate Bill No. 425 as amended by Senate Amendment Schedule “A” (LCO 5110) and "B" (LCO 5583) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

IMMEDIATE TRANSMITTAL TO THE HOUSE

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

ENVIRONMENT. Substitute for S. B. No. 71 (RAISED) (File No. 34) AN ACT CONCERNING ONLINE EDUCATION OPTIONS FOR BOATING AND HUNTING SAFETY.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 5590) and moved adoption.

Remarking were Senators Chapin of the 30th and Frantz of the 36th.

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 (8) of section 22a-905 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(8) "Mattress" means any resilient material or combination of materials that is enclosed by a ticking, that is used alone or in combination with other products, and that is intended for or promoted for sleeping upon. "Mattress" includes any foundation, [and any] renovated foundation or renovated mattress. "Mattress" does not include any of the following: (A) An unattached mattress pad, an unattached mattress topper, including any item with resilient filling, with our without ticking, that is intended to be used with or on top of a mattress, (B) a sleeping bag [,] or pillow, (C) a car bed, (D) juvenile products, including a carriage, basket, dressing table, stroller, playpen, infant carrier, lounge pad, crib bumper [,] and any pad for such juvenile product, (E) a product that contains liquid or gaseous filled ticking, including any water bed [and] or any air mattress that does not contain upholstery material between the ticking and the mattress core, [and] or (F) any upholstered furniture that does not otherwise contain a detachable mattress, including, but not limited, to a fold-out sofa bed or a futon;

Sec. 2. Subsections (h) and (i) of section 22a-905a of the 2014 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(h) On or before July 1, 2014, and every two years thereafter, the council shall propose a mattress stewardship fee for all mattresses sold in this state except crib and bassinette mattresses. The council may propose a change to the mattress stewardship fee more frequently than once every two years if the council determines such change is needed to avoid funding shortfalls or excesses for the mattress stewardship program. Any proposed mattress stewardship fee shall be reviewed by an auditor to assure that such assessment does not exceed the cost to fund the mattress stewardship program described in subsection (a) of this section and to maintain financial reserves sufficient to operate said program over a multiyear period in a fiscally prudent and responsible manner. Not later than sixty days after the council proposes a mattress stewardship fee, the auditor shall render an opinion to the Commissioner of Energy and Environmental Protection as to whether the proposed mattress stewardship fee is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety days after the auditor notifies the commissioner that the fee is reasonable. If the auditor concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council with written notice explaining the auditor's opinion. Not later than fourteen days after the council's receipt of the auditor's opinion, the council may either propose a new mattress stewardship fee or provide written comments on the auditor's opinion. If the auditor concludes that the fee is not reasonable, the Commissioner of Energy and Environmental Protection shall decide, based on the auditor's opinion and any comments provided by the council, whether to approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The cost of any work performed by such auditor pursuant to the provisions of this subsection and subsection (k) of this section shall be funded by the mattress stewardship fee described in this subsection.

(i) On and after the implementation of the mattress stewardship program, [the mattress stewardship fee, established pursuant to subsection (a) of this section and described in subsection (h) of this section, shall be added to the cost of all mattresses sold to retailers and distributors in this state by each producer. On and after such implementation date, each retailer or distributor, as applicable,] each retailer shall add the amount of [such fee] the mattress stewardship fee, established in accordance with subsection (h) of this section, to the purchase price of all mattresses sold in this state. In each transaction described above, the fee shall appear on the invoice and shall be accompanied by a brief description of the fee. The council may, subject to the commissioner's approval, establish an alternative, practicable means of collecting or remitting such fee. Any producer who fails to participate in such program shall not sell mattresses in this state. "

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

Section 1

from passage

22a-905(8)

Sec. 2

from passage

22a-905a(h) and (i)

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 44 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 33

Those voting Nay 2

Those absent and not voting 1

On the roll call vote Senate Bill No. 71 as amended by Senate Amendment Schedule “A” (LCO 5590) was passed.

The following is the roll call vote:

A

   

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

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

 

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

   

N

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

IMMEDIATE TRANSMITTAL TO THE HOUSE

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

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.

JUDICIARY. Substitute for H. B. No. 5525 (RAISED) (File No. 550) AN ACT CONCERNING CHILD PORNOGRAPHY. As amended by House Amendment Schedule "A" (LCO 5598).

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5528 (RAISED) (File No. 532) AN ACT CONCERNING ESSENTIAL PUBLIC HEALTH SERVICES. . As amended by House Amendment Schedule "A" (LCO 5585).

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5311 (RAISED) (File No. 529) AN ACT RAISING THE THRESHOLD FOR STATE CONSTRUCTION CONTRACTS REQUIRING THE APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND FOR COMPETITIVE BIDDING. . As amended by House Amendment Schedule "A" (LCO 5643).

BUSINESS FROM THE HOUSE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

DISAGREEING ACTION

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

HUMAN SERVICES. Substitute for S. B. No. 152 (RAISED) (File No. 607) AN ACT CONCERNING COURT SUPPORT SERVICES. As amended by House Amendment Schedule "A" (LCO 5454).

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PASSED

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

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 235 (RAISED) (File No. 192) AN ACT CONCERNING REVISIONS TO THE TRANSPORTATION STATUTES.

Senator Maynard of the 18th explained the bill, offered Senate Amendment Schedule “A” (LCO 5633) and moved adoption.

Remarking was Senator Boucher of the 26th.

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 13b-2 of the general statutes is amended by adding subdivision (10) as follows (Effective October 1, 2014):

(NEW) (10) "Fare inspector" means an employee of (A) the department designated by the commissioner, or (B) a third-party contractor employed by the department, whose duties are to inspect tickets, passes or other documentation required to show compliance by the passenger with the fare payment requirements of state-owned or controlled bus public transportation service when the fare payment is off board or a combination of off board and on board such bus.

Sec. 2. Subsection (a) of section 13b-34 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) The commissioner shall have power, in order to aid or promote the operation, whether temporary or permanent, of any transportation service operating to, from or in the state, to contract in the name of the state with any person, including but not limited to any common carrier, any transit district formed under chapter 103a or any special act, or any political subdivision or entity, or with the United States or any other state, or any agency, instrumentality, subdivision, department or officer thereof, for purposes of initiating, continuing, developing, providing or improving any such transportation service. Such contracts may include provision for arbitration of disputed issues. The commissioner, in order to aid or promote the operation of any transportation service operating outside the state, may contract in the name of the state with any person, including, but not limited to, any common carrier, or with the United States or any other state, or any agency, instrumentality, subdivision, department or officer thereof, for purposes of providing any transportation service in the event such assistance is required in the case of an emergency or a special event. The state, acting by and through the commissioner, may, by itself or in concert with others, provide all or a portion of any such service, share in the costs of or provide funds for such service, or furnish equipment or facilities for use in such service upon such terms and conditions as the commissioner may deem necessary or advisable, and any such contracts may include, without limitation thereto, arrangements under which the state shall so provide service, share costs, provide funds or furnish equipment or facilities. To these ends, the commissioner may in the name of the state acquire or obtain the use of facilities and equipment employed in providing any such service by gift, purchase, lease or other arrangements and may own and operate any such facilities and equipment and establish, charge and collect such fares and other charges or arrange for such collection for the use or services thereof as he may deem necessary, convenient or desirable. The commissioner or any fare inspector, as defined in section 13b-2, as amended by this act, shall have the authority to issue citations for any violation of section 3 of this act. The commissioner may also acquire title in fee simple to, or any lesser estate, interest or right in, any rights-of-way, properties or facilities, including properties used on or before October 1, 1969, for rail or other forms of transportation services. The commissioner may hold such properties for future use by the state and may enter into agreements for interim use of such properties for other purposes. Any person contracting with the state pursuant to this section for the provision of any transportation service shall not be considered an arm or agent of the state. Any damages caused by the operation of such transportation service by such person may be recovered in a civil action brought against such person in the superior court and such person may not assert the defense of sovereign immunity in such action.

Sec. 3. (NEW) (Effective October 1, 2014) Any person who, with intent to obtain state-owned or controlled bus public transportation service without payment of the lawful charge therefor or to avoid payment of the lawful charge for such service that has been rendered to such person, obtains such service or avoids payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay, shall have committed an infraction.

Sec. 4. Subdivision (7) of section 53a-119 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(7) Theft of services. A person is guilty of theft of services when: (A) With intent to avoid payment for restaurant services rendered, or for services rendered to him as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, he avoids such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false; or (B) (i) except as provided in section 3 of this act, with intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains such service or avoids payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay, or (ii) with intent to obtain the use of equipment, including a motor vehicle, without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such use which has been permitted him, he obtains such use or avoids such payment therefor by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment, or driver's license; or (C) obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that he is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for himself or a third person, he uses or diverts to the use of himself or a third person such labor, equipment or facilities.

Sec. 5. Subsection (a) of section 16a-38k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provision of the general statutes, any (1) new construction of a state facility that is projected to cost five million dollars, or more, and for which all budgeted project bond funds are allocated by the State Bond Commission on or after January 1, 2008, (2) renovation of a state facility that is projected to cost two million dollars or more, of which two million dollars or more is state funding, approved and funded on or after January 1, 2008, (3) new construction of a facility that is projected to cost five million dollars, or more, of which two million dollars or more is state funding, and is authorized by the General Assembly pursuant to chapter 173 on or after January 1, 2009, and (4) renovation of a public school facility as defined in subdivision (18) of section 10-282 that is projected to cost two million dollars or more, of which two million dollars or more is state funding, and is authorized by the General Assembly pursuant to chapter 173 on or after January 1, 2009, shall comply with or exceed compliance with the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program until the regulations described in subsection (b) of this section are adopted. The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Administrative Services and the Institute for Sustainable Energy, shall exempt any facility from complying with said regulations if the Commissioner of Energy and Environmental Protection finds, in a written analysis, that the cost of such compliance significantly outweighs the benefits. Nothing in this section shall be construed to require the redesign of any new construction of a state facility that is designed in accordance with the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, provided the design for such facility was initiated or completed prior to the adoption of the regulations described in subsection (b) of this section. For purposes of subdivisions (1) and (2) of this subsection, a state facility shall not include a salt shed, parking garage or any type of maintenance facility, provided such shed, garage or facility has incorporated best energy efficiency standards to the extent economically feasible.

Sec. 6. (Effective from passage) The Commissioner of Transportation shall conduct an analysis of the corrosive effects of chemical road treatments on (1) state snow and ice equipment vehicles, (2) state bridges, highways and other infrastructure, and (3) the environment. Such analysis shall determine the cost of corrosion created by chemical road treatments and shall include an evaluation of alternative road treatment techniques and products, including, but not limited to, the addition of rust inhibitors to current chemical road treatments, and a comparison of costs and effectiveness. Not later than October 1, 2014, the commissioner shall submit a progress report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Not later than July 1, 2015, the commissioner shall submit a final report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Such final report shall include the findings, conclusions and recommendations of such analysis.

Sec. 7. (Effective from passage) Notwithstanding the provisions of section 13b-268 of the general statutes or any other provision of the general statutes, special act or regulation that prohibits the construction of any new highway railroad crossing at grade, the Department of Transportation shall allow the city of East Hartford or its authority or agent to construct an at-grade crossing on the Connecticut Southern Railroad Line between McAuliffe Park and Columbus Circle. The project shall first be approved by the legislative body of the city of East Hartford and the Connecticut Southern Railroad Company and constructed in accordance with the department's recommendations.

Sec. 8. (Effective from passage) Notwithstanding the provisions of section 13b-268 of the general statutes or any other provision of the general statutes, special act or regulation that prohibits the construction of any new highway railroad crossing at grade, the Department of Transportation shall allow the city of Waterbury or its authority or agent to construct an at-grade crossing on the Torrington Branch between Thomaston Avenue (State Road 847) and Commons Court. The project shall first be approved by the legislative body of the city of Waterbury and the Naugatuck Railroad Company and constructed in accordance with the department's recommendations.

Sec. 9. Section 15-120mm of the 2014 supplement to the general statutes is amended by adding subsection (h) as follows (Effective from passage):

(NEW) (h) The executive director, as described in subsection (d) of section 15-120bb, as amended by this act, may, at the discretion of the authority and at the one-time irrevocable option of the executive director, be exempted from the provision of subsection (g) of this section for the purposes of retirement under chapter 66 or group welfare benefits under sections 5-257 and 5-259. If the executive director elects either or both such options, as approved by the authority, the executive director's participation in the retirement or group benefits plan, as applicable, shall be suspended during the period of such election while the executive director is an employee of the authority. The authority may develop and implement retirement plans and group welfare benefits for the executive director. Such plans shall not be subject to supervision, oversight or approval by the State Employees Retirement Commission under chapter 66 or the Comptroller, Attorney General or Insurance Commissioner under chapter 67, provided any such retirement plan shall be considered a Connecticut retirement plan for purposes of subsection (d) of section 5-160. The authority shall pay all costs, fees, contributions and other expenses incurred as a result of any such retirement plan or group welfare benefit.

Sec. 10. Section 20-340 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The provisions of this chapter shall not apply to: (1) Persons employed by any federal, state or municipal agency; (2) employees of any public service company regulated by the Public Utilities Regulatory Authority or of any corporate affiliate of any such company when the work performed by such affiliate is on behalf of a public service company, but in either case only if the work performed is in connection with the rendition of public utility service, including the installation or maintenance of wire for community antenna television service, or is in connection with the installation or maintenance of wire or telephone sets for single-line telephone service located inside the premises of a consumer; (3) employees of any municipal corporation specially chartered by this state; (4) employees of any contractor while such contractor is performing electrical-line or emergency work for any public service company; (5) persons engaged in the installation, maintenance, repair and service of electrical or other appliances of a size customarily used for domestic use where such installation commences at an outlet receptacle or connection previously installed by persons licensed to do the same and maintenance, repair and service is confined to the appliance itself and its internal operation; (6) employees of industrial firms whose main duties concern the maintenance of the electrical work, plumbing and piping work, solar thermal work, heating, piping, cooling work, sheet metal work, elevator installation, repair and maintenance work, automotive glass work or flat glass work of such firm on its own premises or on premises leased by it for its own use; (7) employees of industrial firms when such employees' main duties concern the fabrication of glass products or electrical, plumbing and piping, fire protection sprinkler systems, solar, heating, piping, cooling, chemical piping, sheet metal or elevator installation, repair and maintenance equipment used in the production of goods sold by industrial firms, except for products, electrical, plumbing and piping systems and repair and maintenance equipment used directly in the production of a product for human consumption; (8) persons performing work necessary to the manufacture or repair of any apparatus, appliances, fixtures, equipment or devices produced by it for sale or lease; (9) employees of stage and theatrical companies performing the operation, installation and maintenance of electrical equipment if such installation commences at an outlet receptacle or connection previously installed by persons licensed to make such installation; (10) employees of carnivals, circuses or similar transient amusement shows who install electrical work, provided such installation shall be subject to the approval of the State Fire Marshal prior to use as otherwise provided by law and shall comply with applicable municipal ordinances and regulations; (11) persons engaged in the installation, maintenance, repair and service of glass or electrical, plumbing, fire protection sprinkler systems, solar, heating, piping, cooling and sheet metal equipment in and about single-family residences owned and occupied or to be occupied by such persons; provided any such installation, maintenance and repair shall be subject to inspection and approval by the building official of the municipality in which such residence is located and shall conform to the requirements of the State Building Code; (12) persons who install, maintain or repair glass in a motor vehicle owned or leased by such persons; (13) persons or entities holding themselves out to be retail sellers of glass products, but not such persons or entities that also engage in automotive glass work or flat glass work; (14) persons who install preglazed or preassembled windows or doors in residential or commercial buildings; (15) persons registered under chapter 400 who install safety-backed mirror products or repair or replace flat glass in sizes not greater than thirty square feet in residential buildings; (16) sheet metal work performed in residential buildings consisting of six units or less by new home construction contractors registered pursuant to chapter 399a, by home improvement contractors registered pursuant to chapter 400 or by persons licensed pursuant to this chapter, when such work is limited to exhaust systems installed for hoods and fans in kitchens and baths, clothes dryer exhaust systems, radon vent systems, fireplaces, fireplace flues, masonry chimneys or prefabricated metal chimneys rated by Underwriters Laboratories or installation of stand-alone appliances including wood, pellet or other stand-alone stoves that are installed in residential buildings by such contractors or persons; (17) employees of or any contractor employed by and under the direction of a properly licensed solar contractor, performing work limited to the hoisting, placement and anchoring of solar collectors, photovoltaic panels, towers or turbines; [and] (18) persons performing swimming pool maintenance and repair work authorized pursuant to section 20-417aa; and (19) any employee of the Connecticut Airport Authority covered by a state collective bargaining agreement.

Sec. 11. Section 15-120bb of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function, to be known as the Connecticut Airport Authority. The authority shall not be construed to be a department, institution or agency of the state.

(b) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of eleven members, appointed as follows: (1) (A) The Treasurer or the Treasurer's designee, (B) the Commissioner of Transportation or the commissioner's designee, and (C) the Commissioner of Economic and Community Development or the commissioner's designee, each serving ex officio; (2) one appointed by the speaker of the House of Representatives for a term of four years; (3) one appointed by the minority leader of the House of Representatives for a term of four years; (4) one appointed by the president pro tempore of the Senate for a term of four years; and (5) one appointed by the minority leader of the Senate for a term of four years. Thereafter, such members of the General Assembly shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from the first day of July in the year of his or her appointment. The Governor shall appoint four members to the board as follows: (A) Two members for two years; and (B) two members for four years. Thereafter, the Governor shall appoint members of the board to succeed such appointees whose terms expire and each member so appointed shall hold office for a period of four years from July first in the year of his or her appointment. Appointed directors shall have business and management experience and shall include individuals who have experience and expertise in one or more of the following areas: (i) Financial planning, (ii) budgeting and assessment, (iii) marketing, (iv) master planning, (v) aviation, and (vi) transportation management.

(c) Appointed directors may not designate a representative to perform in their absence their respective duties under this section. Any appointed director who fails to attend three consecutive meetings of the board or who fails to attend fifty per cent of all meetings of the board held during any calendar year shall be deemed to have resigned from the board. Any vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

(d) The board of directors of the authority shall appoint an executive director who shall not be a member of the board and who shall serve at the pleasure of the board and receive such compensation as shall be fixed by the board. The executive director shall be the chief administrative officer of the authority and shall direct and supervise administrative affairs and technical activities in accordance with the directives of the board. The executive director shall approve all accounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority. The executive director shall perform such other duties as may be directed by the board in carrying out the purposes of subdivision (12) of section 1-79, sections 1-120, 1-124 and 1-125, subsection (f) of section 4b-3, sections 13b-4 and 13b-42, subsection (a) of section 13b-44 and sections 15-101aa and 15-120aa to 15-120oo, inclusive. The executive director shall be exempt from the classified service. The executive director shall attend all meetings of the board, keep a record of the proceedings of the authority and shall maintain and be custodian of all books, documents and papers filed with the authority and of the minute book or journal of the authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

(e) Each director shall be entitled to reimbursement for such director's actual and necessary expenses incurred during the performance of such director's official duties.

(f) Directors may engage in private employment, or in a profession or business, subject to any applicable laws, rules and regulations of the state or federal government regarding official ethics or conflict of interest.

(g) Six directors of the authority shall constitute a quorum for the transaction of any business or the exercise of any power of the authority. For the transaction of any business or the exercise of any power of the authority, and except as otherwise provided in this section, the authority may act by a majority of the directors present at any meeting at which a quorum is in attendance.

(h) The board may delegate to six or more directors such board powers and duties as it may deem necessary and proper in conformity with the provisions of this section and its bylaws.

(i) The appointing authority for any director may remove such director for inefficiency, neglect of duty or misconduct in office after giving the director a copy of the charges against the director and an opportunity to be heard, in person or by counsel, in the director's defense, upon not less than ten days' notice. If any director shall be so removed, the appointing authority for such director shall file in the office of the Secretary of the State a complete statement of charges made against such director and the appointing authority's findings on such statement of charges, together with a complete record of the proceedings.

(j) The authority shall continue as long as it has bonds or other obligations outstanding and until its existence is terminated by law. Upon the termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state of Connecticut.

(k) Notwithstanding any provision of the general statutes, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a director of the authority, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the authority in specific respect to such person, firm or corporation.

(l) The Governor shall appoint the chairperson of the board, who shall serve for a term of four years. The board shall elect from its members a vice chairperson and such other officers as it deems necessary. Vacancies among any officers shall be filled within thirty days following the occurrence of such vacancy in the same manner as the original selection. Said board shall establish bylaws to govern its procedures and shall appoint such committees and advisory boards as may be convenient or necessary in the transaction of its business.

(m) The initial members of the board may begin service immediately upon appointment, but shall not serve past the sixth Wednesday of the next regular session of the General Assembly unless qualified in the manner provided in section 4-7. Thereafter, all appointments shall be made with the advice and consent of both houses of the General Assembly, in the manner provided in section 4-19.

(n) The executive director of the Connecticut Airport Authority shall establish an advisory committee to consult with on matters relating to Bradley International Airport and business related to said airport. The committee may consist of not more than six members, one of whom shall be appointed by the cochairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, and one of whom shall be appointed by the ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation. The advisory committee shall consist of residents of and representatives of businesses located in the Bradley Airport development zone. Members of such advisory committee may attend public meetings of the Connecticut Airport Authority and monthly managers' meetings of the Connecticut Airport Authority.

Sec. 12. Subsection (e) of section 13a-123 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) The following types of signs, displays and devices may, with the approval of and subject to regulations adopted by the commissioner, be permitted within the six-hundred-sixty-foot area of interstate, primary and other limited access state highways, except as prohibited by state statute, local ordinance or zoning regulation: (1) Directional and other official signs or notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders and scenic and historical attractions which are required or authorized by law; (2) signs, displays and devices advertising the sale or lease of the property upon which they are located; (3) signs, displays and devices advertising activities conducted on the property on which they are located; [(4) directional and other official signs or notices pertaining to facilities in this state where Connecticut-made beer is manufactured or sold, including, but not limited to, signs or notices containing the words "Connecticut Brewery Trail"; (5)] (4) signs, displays or advertising devices which are in place for sixty days or less; and [(6)] (5) advertising signs, displays or devices (A) located or erected on real property or abutting real property within areas owned, leased or managed by a public authority for the purpose of (i) railway or rail infrastructure facilities, including, but not limited to, associated structures located within areas zoned solely or predominantly for the development of a railway or rail infrastructure facilities, (ii) bus rapid transit corridors, including, but not limited to, the Hartford-New Britain busway project authorized in section 13b-15a, and any shelter, structure or other facility associated with the operation of such bus rapid transit corridor, (iii) airport development zones designated in section 32-75d, or (iv) any other similar transit or freight purpose, or (B) upon or within buildings, structures or other venues in the custody or control of the state and designed, operated or intended to be operated for the purpose of presenting athletic, artistic, musical or other entertainment events. Subject to regulations adopted by the commissioner and except as prohibited by state statute, local ordinance or zoning regulation signs, displays and devices may be erected and maintained within six hundred sixty feet of primary and other limited access state highways in areas which are zoned for industrial or commercial use under authority of law or located in unzoned commercial or industrial areas which areas shall be determined from actual land uses and defined by regulations of the commissioner. The regulations of the commissioner in regard to size, spacing and lighting shall apply to any segments of the interstate system which traverse commercial or industrial zones wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control, or which traverse other areas where the land use, as of September 21, 1959, was clearly established under state law as industrial or commercial.

Sec. 13. Section 13a-124 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No person, firm or corporation shall erect or maintain or cause to be erected or maintained, within three hundred feet of any state highway, any sign which has thereon any of the following words: "Stop", "caution", "danger", "dangerous", "warning" or "slow", or any other word or character or any device, floodlight or spotlight, signal or symbol intended to give or capable of giving warning or direction to or interfering with traffic, except with the approval or under the direction of the commissioner. No provision of this section shall be construed to prevent any officer of any municipality or any public utility company from erecting or maintaining any danger or warning sign required by statute or any sign designed for the protection of the public or to aid in the operation of any public utility. No such direction or danger sign shall bear the name of any article or product or the name or address of any person, firm or corporation or any advertisement, except that a directional sign may bear directions and other official notices pertaining to (1) farming that is part of the state's agricultural tourism; (2) facilities in this state where Connecticut-made beer is manufactured or sold, including, but not limited to, signs or notices containing the words "Connecticut Brewery Trail"; or (3) any farm in this state located within ten miles of a state-maintained limited access highway, except a parkway, where Connecticut-made wine is manufactured or sold, including, but not limited to, signs or notices containing the words "Connecticut Wine Trail". The commissioner may enter upon any property and remove any sign which does not conform to the provisions of this section. Any person, any member of any firm or any corporation violating any provision of this section shall be fined not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense.

Sec. 14. Section 13a-124b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The design and production of directional and other official signs or notices pertaining to facilities in this state where Connecticut-made beer is manufactured or sold, pursuant to [subsection (e) of section 13a-123] section 13a-124, as amended by this act, may be paid for by private persons or entities affiliated with Connecticut-made beer manufacturers or sellers.

Sec. 15. Subsection (f) of section 13a-26 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(f) The provisions of this part restricting the use and accommodation of motor vehicle traffic on parkways to noncommercial vehicles shall not apply to use of the Merritt and Wilbur Cross Parkways by (1) taxicabs, as defined in section 13b-95, (2) vanpool vehicles, as defined in section 14-1, or (3) service buses, service buses for students with special needs, or two-axle, four-wheeled type II, registered school buses with a gross vehicle weight rating of [nine thousand six hundred] ten thousand pounds or less, which are owned by or under contract to a public, private or religious school or public school district and which are engaged in the transportation of school children to and from school or school activities, provided (A) such service buses conform to the regulations establishing the maximum weight, length, height or width of vehicles permitted to use such parkways; [and] (B) such school buses are [no] not more than ninety-eight inches high, eighty-four inches wide and two hundred three inches long; and (C) such service buses for students with special needs are not more than one hundred twenty inches high, ninety inches wide and two hundred eighty-eight inches long. The Office of the State Traffic Administration shall adopt regulations in accordance with chapter 54 establishing the maximum allowable length and height for any vanpool vehicle using said Merritt and Wilbur Cross Parkways and, not later than July 1, 1984, publish in the Connecticut Law Journal a notice of intent to adopt proposed regulations, as defined in section 4-166, reducing the maximum weight, length, height or width of, or limiting the registration classes of, motor vehicles permitted to use such parkways, in order to fully carry out the prohibition on the operation of commercial motor vehicles on such parkways.

Sec. 16. Section 13b-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) Each person, association, limited liability company or corporation owning or operating a motor vehicle in livery service shall be subject to the jurisdiction of the Department of Transportation, and the department may prescribe adequate service and reasonable rates and charges and prescribe and establish such reasonable regulations with respect to fares, service, operation and equipment as it deems necessary for the convenience, protection, safety and best interests of passengers and the public.

(2) Notwithstanding the provisions of subdivision (1) of this subsection with respect to reasonable rates and charges, each person, association, limited liability company or corporation operating a motor vehicle in livery service having a seating capacity of ten or more adults shall file a schedule of reasonable maximum rates and charges with the Department of Transportation. The provisions of subdivision (1) of this subsection with respect to rates and charges shall not apply to any person, association, limited liability company or corporation operating a motor vehicle engaged in the transportation of passengers for hire by virtue of a contract with, or a lower tier contract for, any federal, state or municipal agency.

(b) Each person, association, limited liability company or corporation operating a motor vehicle by virtue of authorization issued by the Federal Highway Administration for charter and special operation shall register such authorization for interstate operation with the Department of Transportation if such person, association, limited liability company or corporation maintains a domicile or principal office in the state. Each person operating a motor vehicle by virtue of authorization issued by the Federal Highway Administration for charter and special operation shall, prior to such registration, submit to a state and national criminal history records check, conducted in accordance with section 29-17a, and provide the results of such records check to the Department of Transportation.

Sec. 17. Section 13b-329 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each engine used upon a railroad shall be supplied with an audible signal of sufficient amplification for existing circumstances, which audible signal shall be so attached to such engine as to be conveniently accessible to the engineer and in good order for use. [Each] Except where a wayside horn has been installed pursuant to subsection (b) of this section, each person controlling the motions of an engine on a railroad shall commence sounding the audible signal when such engine is approaching and is within eighty rods of the place where such railroad crosses any highway at grade and shall keep such audible signal occasionally sounding until such engine has crossed such highway, provided when it appears to the Commissioner of Transportation upon the written complaint of an elected official of any town, city or borough wherein such crossing at grade is located that public safety requires the commencing of the sounding of the audible signal at a distance greater or lesser than eighty rods from such crossing at grade, the Commissioner of Transportation shall make such order in relation thereto as he deems advisable, provided in no event shall said Commissioner of Transportation order the sounding of any audible signal to commence at a distance of less than twenty-seven rods from any crossing at grade. The company in whose service such person may be shall pay all damages which may accrue to any person in consequence of any omission to comply with any provision of this subsection; and no railroad company shall knowingly employ an engineer who has been twice convicted of violating any provision of this subsection.

(b) A wayside horn may be used in lieu of a horn attached to an engine at any highway-rail grade crossing equipped with an active warning system consisting of, at a minimum, flashing lights and gates. Such wayside horn shall (1) conform to the federal requirements for wayside horn use, and (2) sound at a minimum of twenty-nine seconds prior to the train's arrival at the crossing, while the lead locomotive is traveling across the crossing and occasionally thereafter until such engine has crossed such highway. Any entity installing a wayside horn shall comply with the federal requirements for written notice set forth in 49 CFR 222. For the purposes of this section, "wayside horn" has the same meaning as provided in 49 CFR 222. 9, as amended from time to time.

[(b)] (c) The Commissioner of Transportation, with the advice of the Commissioner of Energy and Environmental Protection, may establish by regulation the maximum decibel levels which may be emitted by any audible signal attached to a train engine, provided such maximum decibel level shall not be less than eighty-seven decibels.

[(c)] (d) Any railroad company operating any train engine which is equipped with an audible signal which produces noise emissions in excess of the maximum decibel levels allowed for such devices as established by said Commissioner of Transportation is in violation of this section.

Sec. 18. (Effective from passage) Not later than January 1, 2015, the Department of Transportation shall, within available appropriations, submit a report, in connection with the state-certified industrial reinvestment project authorized pursuant to public act 14-2 and in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Such report shall include a study of the challenges to access and egress in and around the stadium facility site, as defined in section 32-651 of the general statutes, recommendations for solutions to such challenges and an estimate of the cost of such solutions.

Sec. 19. (Effective upon passage) The Commissioner of Transportation, in consultation with the Commissioner of Motor Vehicles and the Commissioner of Consumer Protection, shall, within available appropriations, conduct a study of the regulation of for-hire transportation services in this state.   The study shall be conducted with input from the taxicab, the motor vehicle in livery service and the for-hire transportation services industries regarding the current regulatory scheme.   The study shall (1) review how emerging technologies, such as smartphone applications, currently fit into the regulatory scheme, and (2) offer recommendations as to how and if such technologies and the businesses offering them should be regulated to ensure the safety of the riding public. Such recommendations shall include, but need not be limited to, mandatory insurance coverage, licensing and background checks on drivers and vehicle safety and maintenance. Not later than February 1, 2015, the Commissioner of Transportation shall submit, in accordance with the provisions of section 11-4a of the general statutes, a report to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Such report shall include the findings, conclusions and recommendations from such study.

Sec. 20. (Effective from passage) The southern section of Saybrook Road in Middletown, between Randolph Road and Aircraft Road/Route 9 ramps, shall be classified as an urban minor arterial by the Department of Transportation in their functional roadway classification listing. "

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

Section 1

October 1, 2014

13b-2

Sec. 2

October 1, 2014

13b-34(a)

Sec. 3

October 1, 2014

New section

Sec. 4

October 1, 2014

53a-119(7)

Sec. 5

from passage

16a-38k(a)

Sec. 6

from passage

New section

Sec. 7

from passage

New section

Sec. 8

from passage

New section

Sec. 9

from passage

15-120mm

Sec. 10

from passage

20-340

Sec. 11

from passage

15-120bb

Sec. 12

from passage

13a-123(e)

Sec. 13

from passage

13a-124

Sec. 14

from passage

13a-124b

Sec. 15

from passage

13a-26(f)

Sec. 16

from passage

13b-102

Sec. 17

from passage

13b-329

Sec. 18

from passage

New section

Sec. 19

upon passage

New section

Sec. 20

from passage

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 51 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote Senate Bill No. 235 as amended by Senate Amendment Schedule “A” (LCO 5633) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

IMMEDIATE TRANSMITTAL TO THE HOUSE

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

APPROPRIATIONS. Substitute for H. B. No. 5145 (RAISED) (File No. 146) AN ACT CONCERNING VARIOUS REVISIONS TO THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' STATUTES.

Senator Gerratana of the 6th explained the bill and moved passage.

Remarking were Senators Welch of the 31st and Kane of the 32nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 59 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote House Bill No. 5145 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

 

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

   

N

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

THE PRESIDENT IN THE CHAIR

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

The following favorable reports were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No 1.

JUDICIARY. Substitute for H. B. No. 5537 (RAISED) (File No. 516) AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING VARIOUS REVISIONS TO THE PUBLIC HEALTH STATUTES. (As amended by House Amendment Schedule "A").

Senator Gerratana of the 6th explained the bill as amended and moved passage.

Remarking was Senator Welch of the 31st.

On motion of Senator Gerratana of the 6th, the bill as amended by House Amendment Schedule "A" 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 PASSED

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

JUDICIARY. Substitute for H. B. No. 5144 (RAISED) (File Nos. 438 and 738) AN ACT CONCERNING ACCESS TO BIRTH CERTIFICATES AND PARENTAL HEALTH INFORMATION FOR ADOPTED PERSONS. (As amended by House Amendment Schedule "A").

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

Remarking were Senators Welch of the 31st, Kissel of the 7th, Musto of the 22nd, McLachlan of the 24th, Boucher of the 26th and McKinney of the 28th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 28 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 31

Those voting Nay 5

Those absent and not voting 0

On the roll call vote House Bill No. 5144 as amended by House Amendment Schedule "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

 

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

   

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

 

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

   

N

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 THE FOOT

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO 1

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

GENERAL LAW. S. B. No. 293 (RAISED) (File No. 176) AN ACT CONCERNING CLUBS OPERATED BY NATIONALLY CHARTERED VETERANS' SERVICE ORGANIZATIONS.

CONSENT CALENDAR NO. 1

ADOPTED

The chair ordered the vote on business placed on the Consent Calendar No. 1 be taken by roll call.

The following is the result of the vote at 9: 30 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No. 1 was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PASSED

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

LABOR AND PUBLIC EMPLOYEES. Substitute for H. B. No. 5527 (RAISED) (File Nos. 308 and 746) AN ACT CONCERNING THE TASK FORCE ON DOMESTIC WORKERS. (As amended by House Amendment Schedule "A").

Senator Holder-Winfield of the 10th explained the bill as amended and moved passage.

Remarking was Senator Markley of the 16th.

Senator Fasano of the 34th offered Senate Amendment Schedule “A” (LCO 5655) and moved adoption.

Remarking were Senators Holder-Winfield of the 10th and Osten of the 19th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 40 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 15

Those voting Nay 21

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “A” (LCO 5655) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

 

Y

 

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. Section 7-438 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) Any member retired under this part who again accepts employment from this state or from any municipality of this state other than a participating municipality, shall continue to receive his or her retirement allowance while so employed, and shall be eligible to participate, and shall be entitled to credit, in the state retirement system for the period of such state employment, but any such member shall not be eligible to participate or be entitled to credit in any municipal retirement system for the period of such municipal employment.

(b) If a member is retired under this part and again accepts employment from the same municipality from which he or she was retired or any other participating municipality, he or she shall be eligible to participate, and shall be entitled to credit, in the municipal employees' retirement system for the period of such municipal employment. Such member shall receive no retirement allowance while so employed except if (1) such employment is for less than twenty hours per week, [or] (2) his or her services are rendered for not more than ninety working days in any one calendar year, provided that any member reemployed for a period of more than ninety working days in one calendar year shall reimburse the Municipal Employees' Retirement Fund for retirement income payments received during such ninety working days, or (3) such member does not participate in the municipal employees' retirement system during the period of his or her reemployment. "

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

Sec. 501

October 1, 2014

7-438

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 42 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote House Bill No. 5527 as amended by House Amendment Schedule "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

 

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

PUBLIC SAFETY AND SECURITY. Substitute for H. B. No. 5389 (RAISED) (File Nos. 161 and 742) AN ACT CONCERNING THE USE OF ELECTRONIC DEFENSE WEAPONS BY POLICE OFFICERS. (As amended by House Amendment Schedule "A").

Senator Hartley of the 15th explained the bill as amended and moved passage.

Remarking were Senators Guglielmo of the 35th and Witkos of the 8th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 50 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote House Bill No. 5389 s amended by House Amendment Schedule "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

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

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

JUDICIARY. Substitute for H. B. No. 5450 (RAISED) (File No. 549) AN ACT CONCERNING ARBITRATION IN MOTOR VEHICLE ACCIDENT CASES.

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

Remarking were Senators Kissel of the 7th and Meyer of the 12th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 59 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 29

Those voting Nay 7

Those absent and not voting 0

On the roll call vote House Bill No. 5450 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

 

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

   

N

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

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

   

N

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

   

N

33

ART LINARES

 

Y

 

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

BUSINESS FROM THE HOUSE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

DISAGREEING ACTIONS

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

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 470 (RAISED) (File No. 462) AN ACT CONCERNING A STUDY OF THE ADMINISTRATIVE COSTS TO COLLECT TAXES AND FEES. As amended by House Amendment Schedule "A" (LCO 5646).

INSURANCE AND REAL ESTATE. S. B. No. 480 (RAISED) (File No. 395) AN ACT CONCERNING LIFE INSURANCE PRODUCER LICENSES AND REGISTRATIONS OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS AND INVESTMENT ADVISER AGENTS. As amended by House Amendment Schedule "A" (LCO 5668).

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. (As amended by Senate Amendment Schedule "A"). As amended by House Amendment Schedule "A" (LCO 5669).

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th moved immediate transmittal to the House of all bills needing further action by the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILL PASSED TEMPORARILY

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

EDUCATION. Substitute for H. B. No. 5355 (RAISED) (File Nos. 403 and 647) AN ACT CONCERNING COLLABORATION BETWEEN BOARDS OF EDUCATION AND SCHOOL RESOURCE OFFICERS. (As amended by House Amendment Schedule "A").

Senator Stillman of the 20th explained the bill as amended and moved passage.

Remarking was Senator Witkos of the 8th.

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

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PASSED

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

JUDICIARY. 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").

Senator Gerratana of the 6th explained the bill as amended, offered Senate Amendment Schedule “B” (LCO 5690) and moved adoption.

Remarking was Senator Fasano of the 34th.

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) As used in this section:

(1) "Affiliation" means the formation of a relationship between two or more entities that permits the entities to negotiate jointly with third parties over rates for professional medical services;

(2) "Captive professional entity" means a professional corporation, limited liability company or other entity formed to render professional services in which a beneficial owner is a physician employed by or otherwise designated by a hospital or hospital system;

(3) "Hospital" has the same meaning as provided in section 19a-490 of the general statutes;

(4) "Hospital system" means: (A) A parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance or membership, or (B) a hospital and any entity affiliated with such hospital through ownership, governance or membership;

(5) "Health care provider" has the same meaning as provided in section 19a-17b of the general statutes;

(6) "Medical foundation" means a medical foundation formed under chapter 594b of the general statutes;

(7) "Physician" has the same meaning as provided in section 20-13a of the general statutes;

(8) "Person" has the same meaning as provided in section 35-25 of the general statutes;

(9) "Professional corporation" has the same meaning as provided in section 33-182a of the general statutes;

(10) "Group practice" means two or more physicians, legally organized in a partnership, professional corporation, limited liability company formed to render professional services, medical foundation, not-for-profit corporation, faculty practice plan or other similar entity (A) in which each physician who is a member of the group provides substantially the full range of services that the physician routinely provides, including, but not limited to, medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment or personnel; (B) for which substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group practice and amounts so received are treated as receipts of the group; or (C) in which the overhead expenses of, and the income from, the group are distributed in accordance with methods previously determined by members of the group. An entity that otherwise meets the definition of group practice under this section shall be considered a group practice although its shareholders, partners or owners of the group practice include single-physician professional corporations, limited liability companies formed to render professional services or other entities in which beneficial owners are individual physicians; and

(11) "Primary service area" means the smallest number of zip codes from which the group practice draws at least seventy-five per cent of its patients.

(b) At the same time that any person conducting business in this state that files merger, acquisition or any other information regarding market concentration with the Federal Trade Commission or the United States Department of Justice, in compliance with the Hart-Scott-Rodino Antitrust Improvements Act, 15 USC 18a, where a hospital, hospital system or other health care provider is a party to the merger or acquisition that is the subject of such information, such person shall provide written notification to the Attorney General of such filing and, upon the request of the Attorney General, provide a copy of such merger, acquisition or other information.

(c) Not less than thirty days prior to the effective date of any transaction that results in a material change to the business or corporate structure of a group practice, the parties to the transaction shall submit written notice to the Attorney General of such material change. For purposes of this subsection, a material change to the business or corporate structure of a group practice includes: (1) The merger, consolidation or other affiliation of a group practice with (A) another group practice that results in a group practice comprised of eight or more physicians, or (B) a hospital, hospital system, captive professional entity, medical foundation or other entity organized or controlled by such hospital or hospital system; (2) the acquisition of all or substantially all of (A) the properties and assets of a group practice, or (B) the capital stock, membership interests or other equity interests of a group practice by (i) another group practice that results in a group practice comprised of eight or more physicians, or (ii) a hospital, hospital system, captive professional entity, medical foundation or other entity organized or controlled by such hospital or hospital system; (3) the employment of all or substantially all of the physicians of a group practice by (A) another group practice that results in a group practice comprised of eight or more physicians, or (B) a hospital, hospital system, captive professional entity, medical foundation or other entity organized by, controlled by or otherwise affiliated with such hospital or hospital system; and (4) the acquisition of one or more insolvent group practices by (A) another group practice that results in a group practice comprised of eight or more physicians, or (B) a hospital, hospital system, captive professional entity, medical foundation or other entity organized by, controlled by or otherwise affiliated with such hospital or hospital system.

(d) The written notice required under subsection (c) of this section shall identify each party to the transaction and describe the material change as of the date of such notice to the business or corporate structure of the group practice, including: (1) A description of the nature of the proposed relationship among the parties to the proposed transaction; (2) the names and specialties of each physician that is a member of the group practice that is the subject of the proposed transaction and who will practice medicine with the resulting group practice, hospital, hospital system, captive professional entity, medical foundation or other entity organized by, controlled by, or otherwise affiliated with such hospital or hospital system following the effective date of the transaction; (3) the names of the business entities that are to provide services following the effective date of the transaction; (4) the address for each location where such services are to be provided; (5) a description of the services to be provided at each such location; and (6) the primary service area to be served by each such location.

(e) Written information submitted to the Attorney General pursuant to subsections (b) to (d), inclusive, of this section shall be maintained and used by the Attorney General in the same manner as provided in section 35-42 of the general statutes.

(f) Not later than December 31, 2014, and annually thereafter, each hospital and hospital system shall file with the Attorney General and the Commissioner of Public Health a written report describing the activities of the group practices owned or affiliated with such hospital or hospital system. Such report shall include, for each such group practice: (1) A description of the nature of the relationship between the hospital or hospital system and the group practice; (2) the names and specialties of each physician practicing medicine with the group practice; (3) the names of the business entities that provide services as part of the group practice and the address for each location where such services are provided; (4) a description of the services provided at each such location; and (5) the primary service area served by each such location.

(g) Not later than December 31, 2014, and annually thereafter, each group practice comprised of thirty or more physicians that is not the subject of a report filed under subsection (f) of this section shall file with the Attorney General and the Commissioner of Public Health a written report concerning the group practice. Such report shall include, for each such group practice: (1) The names and specialties of each physician practicing medicine with the group practice; (2) the names of the business entities that provide services as part of the group practice and the address for each location where such services are provided; (3) a description of the services provided at each such location; and (4) the primary service area served by each such location.

Sec. 2. Section 33-182aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this chapter:

(1) "Affiliate" means any person that directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person. A person is deemed controlled by another person if the other person, or one of that other person's affiliates, officers, agents or management employees, acts as a general partner or manager of the person in question;

(2) "Certificate of incorporation" means a certificate of incorporation, as defined in section 33-1002, or any predecessor statute thereto;

[(2)] (3) "Hospital" means [a nonstock corporation organized under chapter 602, or any predecessor statute thereto, or by special act and licensed as] a hospital licensed pursuant to chapter 368v;

[(3)] (4) "Health system" means [a nonstock corporation organized under chapter 602, or any predecessor statute thereto,] a business entity consisting of a parent corporation of one or more hospitals licensed pursuant to chapter 368v, and affiliated through governance, membership or some other means;

[(4)] (5) "Medical school" means a school of allopathic medicine leading to the M. D. degree, accredited by the Liaison Committee on Medical Education, and affiliated through governance with or part of a university that is either incorporated in this state or established pursuant to any provision of the general statutes and accredited by the New England Association of Schools and Colleges Commission on Institutions of Higher Education; and

[(5)] (6) "Provider" means a physician licensed under chapter 370, a chiropractor licensed under chapter 372, an optometrist licensed under chapter 380 or a podiatrist licensed under chapter 375.

Sec. 3. Section 33-182bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) Any hospital, health system or medical school may organize and become a member of a medical foundation under the provisions of chapter 602 for the purpose of practicing medicine and providing health care services as a medical foundation through employees or agents of such medical foundation who are [licensed pursuant to section 20-9 and through other] providers. Such medical foundation shall be governed by a board of directors, which shall consist of an equal or greater number of providers than nonprovider employees of the members, in addition to such other directors as may be elected by the members. The authority to appoint or elect board members shall not be granted to any person or entity that is not a member of the medical foundation.

(2) Notwithstanding the provisions of this subsection, (A) no employee or representative of a for-profit hospital, for-profit health system, for-profit medical school or any entity that owns or controls a for-profit hospital, for-profit health system or for-profit medical school may serve on the board of directors of a medical foundation organized by a nonprofit hospital, nonprofit health system or nonprofit medical school; (B) no employee or representative of a nonprofit hospital, nonprofit health system, nonprofit medical school or any entity that owns or controls a nonprofit hospital, nonprofit health system or nonprofit medical school may serve on the board of directors of a medical foundation organized by a for-profit hospital, for-profit health system or for-profit medical school; and (C) no person shall serve on the board of directors of a medical foundation organized by a for-profit hospital, for-profit health system or for-profit medical school and, at the same time, serve on the board of directors of a medical foundation organized by a nonprofit hospital, nonprofit health system or nonprofit medical school.

(b) Any medical foundation organized on or after July 1, 2009, shall file a copy of its certificate of incorporation and any amendments to its certificate of incorporation with the Office of Health Care Access division of the Department of Public Health not later than ten business days after the medical foundation files such certificate of incorporation or amendment with the Secretary of the State pursuant to chapter 602.

(c) Any medical group clinic corporation formed under chapter 594 of the general statutes, revision of 1958, revised to 1995, which amends its certificate of incorporation pursuant to subsection (a) of section 33-182cc, shall file with the Office of Health Care Access division of the Department of Public Health a copy of its certificate of incorporation and any amendments to its certificate of incorporation, including any amendment to its certificate of incorporation that complies with the requirements of subsection (a) of section 33-182cc, not later than ten business days after the medical foundation files its certificate of incorporation or any amendments to its certificate of incorporation with the Secretary of the State.

(d) Any medical foundation, regardless of when organized, shall file notice with the Office of Health Care Access division of the Department of Public Health and the Secretary of the State of its liquidation, termination, dissolution or cessation of operations not later than ten business days after a vote by its board of directors or members to take such action. [Not later than ten business days after receiving a written request from the office, a] A medical foundation shall, annually, provide the office with a statement of its mission, [and] a description of the services it provides, [and] a description of any significant change in its services during the preceding year and other financial information as reported on the medical foundation's most recently filed Internal Revenue Service return of organization exempt from income tax form, or any replacement form adopted by the Internal Revenue Service, or, if such medical foundation is not required to file such form, information substantially similar to that required by such form. The Office of Health Care Access shall make such forms and information available to members of the public and accessible on said office's Internet web site.

(e) A medical foundation shall not operate for profit and may operate at such locations as are designated by its members.

(f) A hospital, health system or medical school may organize and be a member of no more than one medical foundation.

Sec. 4. (NEW) (Effective October 1, 2014) Upon admitting a patient to a hospital, hospital personnel shall promptly ask the patient whether the patient desires for his or her physician to be notified of the hospital admission. If the patient so desires, hospital personnel shall make reasonable efforts to notify the physician designated by the patient of the patient's hospital admission as soon as practicable, but not later than twenty-four hours after the patient's request. For purposes of this section, "hospital" shall have the same meaning as provided in section 19a-490 of the general statutes; and "physician" means a person licensed under the provisions of chapter 370 of the general statutes.

Sec. 5. Section 19a-630 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

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

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

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

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

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

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

(6) "Days" means calendar days.

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

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

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

(10) "Group practice" means eight or more full-time equivalent physicians, legally organized in a partnership, professional corporation, limited liability company formed to render professional services, medical foundation, not-for-profit corporation, faculty practice plan or other similar entity (A) in which each physician who is a member of the group provides substantially the full range of services that the physician routinely provides, including, but not limited to, medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment or personnel; (B) for which substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group practice and amounts so received are treated as receipts of the group; or (C) in which the overhead expenses of, and the income from, the group are distributed in accordance with methods previously determined by members of the group. An entity that otherwise meets the definition of group practice under this section shall be considered a group practice although its shareholders, partners or owners of the group practice include single-physician professional corporations, limited liability companies formed to render professional services or other entities in which beneficial owners are individual physicians.

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

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

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

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

(15) "Physician" has the same meaning as provided in section 20-13a.

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

Sec. 6. Section 19a-638 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

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

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

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

(3) A transfer of ownership of a group practice to any entity other than a physician or group of physicians, except when the parties have signed a sale agreement to transfer such ownership on or before September 1, 2014;

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

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

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

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

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

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

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

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

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

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

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

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

(b) A certificate of need shall not be required for:

(1) Health care facilities owned and operated by the federal government;

(2) The establishment of offices by a licensed private practitioner, whether for individual or group practice, except when a certificate of need is required in accordance with the requirements of section 19a-493b or subdivision [(9) or (10)] (3), (10) or (11) of subsection (a) of this section;

(3) A health care facility operated by a religious group that exclusively relies upon spiritual means through prayer for healing;

(4) Residential care homes, nursing homes and rest homes, as defined in subsection (c) of section 19a-490;

(5) An assisted living services agency, as defined in section 19a-490;

(6) Home health agencies, as defined in section 19a-490;

(7) Hospice services, as described in section 19a-122b;

(8) Outpatient rehabilitation facilities;

(9) Outpatient chronic dialysis services;

(10) Transplant services;

(11) Free clinics, as defined in section 19a-630, as amended by this act;

(12) School-based health centers, community health centers, as defined in section 19a-490a, not-for-profit outpatient clinics licensed in accordance with the provisions of chapter 368v and federally qualified health centers;

(13) A program licensed or funded by the Department of Children and Families, provided such program is not a psychiatric residential treatment facility;

(14) Any nonprofit facility, institution or provider that has a contract with, or is certified or licensed to provide a service for, a state agency or department for a service that would otherwise require a certificate of need. The provisions of this subdivision shall not apply to a short-term acute care general hospital or children's hospital, or a hospital or other facility or institution operated by the state that provides services that are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended;

(15) A health care facility operated by a nonprofit educational institution exclusively for students, faculty and staff of such institution and their dependents;

(16) An outpatient clinic or program operated exclusively by or contracted to be operated exclusively by a municipality, municipal agency, municipal board of education or a health district, as described in section 19a-241;

(17) A residential facility for persons with intellectual disability licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for individuals with intellectual disabilities;

(18) Replacement of existing imaging equipment if such equipment was acquired through certificate of need approval or a certificate of need determination, provided a health care facility, provider, physician or person notifies the office of the date on which the equipment is replaced and the disposition of the replaced equipment;

(19) Acquisition of cone-beam dental imaging equipment that is to be used exclusively by a dentist licensed pursuant to chapter 379;

(20) The partial or total elimination of services provided by an outpatient surgical facility, as defined in section 19a-493b, except as provided in subdivision (6) of subsection (a) of this section and section 19a-639e;

(21) The termination of services for which the Department of Public Health has requested the facility to relinquish its license; or

(22) Acquisition of any equipment by any person that is to be used exclusively for scientific research that is not conducted on humans.

(c) (1) Any person, health care facility or institution that is unsure whether a certificate of need is required under this section, or (2) any health care facility that proposes to relocate pursuant to section 19a-639c shall send a letter to the office that describes the project and requests that the office make a determination as to whether a certificate of need is required. In the case of a relocation of a health care facility, the letter shall include information described in section 19a-639c. A person, health care facility or institution making such request shall provide the office with any information the office requests as part of its determination process.

(d) The Commissioner of Public Health may implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulation, provided the commissioner holds a public hearing prior to implementing the policies and procedures and prints notice of intent to adopt regulations in the Connecticut Law Journal not later than twenty days after the date of implementation. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are adopted. Final regulations shall be adopted by December 31, 2011.

Sec. 7. Section 19a-639 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

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

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

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

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

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

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

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

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

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

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

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

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

(12) Whether the applicant has satisfactorily demonstrated that any consolidation resulting from the proposal will not adversely affect health care costs or accessibility to care.

(b) In deliberations as described in subsection (a) of this section, there shall be a presumption in favor of approving the certificate of need application for a transfer of ownership of a group practice, as described in subdivision (3) of subsection (a) of section 19a-638, as amended by this act, when an offer was made in response to a request for proposal or similar voluntary offer for sale.

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

Sec. 8. Section 19a-639a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

(a) An application for a certificate of need shall be filed with the office in accordance with the provisions of this section and any regulations adopted by the Department of Public Health. The application shall address the guidelines and principles set forth in (1) subsection (a) of section 19a-639, as amended by this act, and (2) regulations adopted by the department. The applicant shall include with the application a nonrefundable application fee of five hundred dollars.

(b) Prior to the filing of a certificate of need application, the applicant shall publish notice that an application is to be submitted to the office in a newspaper having a substantial circulation in the area where the project is to be located. Such notice shall (1) be published (A) not later than twenty days prior to the date of filing of the certificate of need application, and (B) for not less than three consecutive days, and (2) contain a brief description of the nature of the project and the street address where the project is to be located. An applicant shall file the certificate of need application with the office not later than ninety days after publishing notice of the application in accordance with the provisions of this subsection. The office shall not accept the applicant's certificate of need application for filing unless the application is accompanied by the application fee prescribed in subsection (a) of this section and proof of compliance with the publication requirements prescribed in this subsection.

(c) Not later than five business days after receipt of a properly filed certificate of need application, the office shall publish notice of the application on its web site. Not later than thirty days after the date of filing of the application, the office may request such additional information as the office determines necessary to complete the application. The applicant shall, not later than sixty days after the date of the office's request, submit the requested information to the office. If an applicant fails to submit the requested information to the office within the sixty-day period, the office shall consider the application to have been withdrawn.

(d) Upon determining that an application is complete, the office shall provide notice of this determination to the applicant and to the public in accordance with regulations adopted by the department. In addition, the office shall post such notice on its web site. The date on which the office posts such notice on its web site shall begin the review period. Except as provided in this subsection, (1) the review period for a completed application shall be ninety days from the date on which the office posts such notice on its web site; and (2) the office shall issue a decision on a completed application prior to the expiration of the ninety-day review period. The review period for a completed application that involves a transfer of a group practice, as described in subdivision (3) of subsection (a) of section 19a-638, as amended by this act, when the offer was made in response to a request for proposal or similar voluntary offer for sale shall be sixty days from the date on which the office posts notice on its web site. Upon request or for good cause shown, the office may extend the review period for a period of time not to exceed sixty days. If the review period is extended, the office shall issue a decision on the completed application prior to the expiration of the extended review period. If the office holds a public hearing concerning a completed application in accordance with subsection (e) or (f) of this section, the office shall issue a decision on the completed application not later than sixty days after the date the office closes the public hearing record.

(e) [The] Except as provided in this subsection, the office shall hold a public hearing on a properly filed and completed certificate of need application if three or more individuals or an individual representing an entity with five or more people submits a request, in writing, that a public hearing be held on the application. For a properly filed and completed certificate of need application involving a transfer of ownership of a group practice, as described in subdivision (3) of subsection (a) of section 19a-638, as amended by this act, when an offer was made in response to a request for proposal or similar voluntary offer for sale, a public hearing shall be held if twenty-five or more individuals or an individual representing twenty-five or more people submits a request, in writing, that a public hearing be held on the application. Any request for a public hearing shall be made to the office not later than thirty days after the date the office determines the application to be complete.

(f) The office may hold a public hearing with respect to any certificate of need application submitted under this chapter. The office shall provide not less than two weeks' advance notice to the applicant, in writing, and to the public by publication in a newspaper having a substantial circulation in the area served by the health care facility or provider. In conducting its activities under this chapter, the office may hold hearing on applications of a similar nature at the same time.

(g) The Commissioner of Public Health may implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulation, provided the commissioner holds a public hearing prior to implementing the policies and procedures and prints notice of intent to adopt regulations in the Connecticut Law Journal not later than twenty days after the date of implementation. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are adopted. Final regulations shall be adopted by December 31, 2011.

Sec. 9. Section 19a-486a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No nonprofit hospital shall enter into an agreement to transfer a material amount of its assets or operations or a change in control of operations to a person that is organized or operated for profit without first having received approval of the agreement by the commissioner and the Attorney General pursuant to sections 19a-486 to 19a-486h, inclusive, and pursuant to the Attorney General's authority under section 3-125. Any such agreement without the approval required by sections 19a-486 to 19a-486h, inclusive, shall be void.

(b) Prior to any transaction described in subsection (a) of this section, the nonprofit hospital and the purchaser shall concurrently submit a certificate of need determination letter as described in subsection (c) of section 19a-638, as amended by this act, to the commissioner and the Attorney General by serving it on them by certified mail, return receipt requested, or delivering it by hand to each office. The certificate of need determination letter shall contain: (1) The name and address of the nonprofit hospital; (2) the name and address of the purchaser; (3) a brief description of the terms of the proposed agreement; and (4) the estimated capital expenditure, cost or value associated with the proposed agreement. The certificate of need determination letter shall be subject to disclosure pursuant to section 1-210.

(c) Not later than thirty days after receipt of the certificate of need determination letter by the commissioner and the Attorney General, the purchaser and the nonprofit hospital shall hold a hearing on the contents of the certificate of need determination letter in the municipality in which the new hospital is proposed to be located. The nonprofit hospital shall provide not less than two weeks' advance notice of the hearing to the public by publication in a newspaper having a substantial circulation in the affected community for not less than three consecutive days. Such notice shall contain substantially the same information as in the certificate of need determination letter. The purchaser and the nonprofit hospital shall record and transcribe the hearing and make such recording or transcription available to the commissioner, the Attorney General or members of the public upon request.

[(c)] (d) The commissioner and the Attorney General shall review the certificate of need determination letter. The Attorney General shall determine whether the agreement requires approval pursuant to this chapter. If such approval is required, the commissioner and the Attorney General shall transmit to the purchaser and the nonprofit hospital an application form for approval pursuant to this chapter, unless the commissioner refuses to accept a filed or submitted certificate of need determination letter. Such application form shall require the following information: (1) The name and address of the nonprofit hospital; (2) the name and address of the purchaser; (3) a description of the terms of the proposed agreement; (4) copies of all contracts, agreements and memoranda of understanding relating to the proposed agreement; (5) a fairness evaluation by an independent person who is an expert in such agreements, that includes an analysis of each of the criteria set forth in section 19a-486c; (6) documentation that the nonprofit hospital exercised the due diligence required by subdivision (2) of subsection (a) of section 19a-486c, including disclosure of the terms of any other offers to transfer assets or operations or change control of operations received by the nonprofit hospital and the reason for rejection of such offers; and (7) such other information as the commissioner or the Attorney General deem necessary to their review pursuant to the provisions of sections 19a-486 to 19a-486f, inclusive, and chapter 368z. The application shall be subject to disclosure pursuant to section 1-210.

[(d)] (e) No later than sixty days after the date of mailing of the application form, the nonprofit hospital and the purchaser shall concurrently file an application with the commissioner and the Attorney General containing all the required information. The commissioner and the Attorney General shall review the application and determine whether the application is complete. The commissioner and the Attorney General shall, no later than twenty days after the date of their receipt of the application, provide written notice to the nonprofit hospital and the purchaser of any deficiencies in the application. Such application shall not be deemed complete until such deficiencies are corrected.

[(e)] (f) No later than twenty-five days after the date of their receipt of the completed application under this section, the commissioner and the Attorney General shall jointly publish a summary of such agreement in a newspaper of general circulation where the nonprofit hospital is located.

[(f)] (g) Any person may seek to intervene in the proceedings under section 19a-486e, in the same manner as provided in section 4-177a.

Sec. 10. Section 19a-486b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Not later than one hundred twenty days after the date of receipt of the completed application pursuant to subsection (d) of section 19a-486a, as amended by this act, the Attorney General and the commissioner shall approve the application, with or without modification, or deny the application. The commissioner shall also determine, in accordance with the provisions of chapter 368z, whether to approve, with or without modification, or deny the application for a certificate of need that is part of the completed application. Notwithstanding the provisions of section 19a-639a, the commissioner shall complete the decision on the application for a certificate of need within the same time period as the completed application. Such one-hundred-twenty-day period may be extended by agreement of the Attorney General, the commissioner, the nonprofit hospital and the purchaser. If the Attorney General initiates a proceeding to enforce a subpoena pursuant to section 19a-486c or 19a-486d, as amended by this act, the one-hundred-twenty-day period shall be tolled until the final court decision on the last pending enforcement proceeding, including any appeal or time for the filing of such appeal. Unless the one-hundred-twenty-day period is extended pursuant to this section, if the commissioner and Attorney General fail to take action on an agreement prior to the one hundred twenty-first day after the date of the filing of the completed application, the application shall be deemed approved.

(b) The commissioner and the Attorney General may place any conditions on the approval of an application that relate to the purposes of sections 19a-486a to 19a-486h, inclusive, as amended by this act.

Sec. 11. Subsection (a) of section 19a-486d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner shall deny an application filed pursuant to subsection (d) of section 19a-486a, as amended by this act, unless the commissioner finds that: (1) The affected community will be assured of continued access to high quality and affordable health care after accounting for any proposed change impacting hospital staffing; (2) in a situation where the asset or operation to be transferred provides or has provided health care services to the uninsured or underinsured, the purchaser has made a commitment to provide health care to the uninsured and the underinsured; (3) in a situation where health care providers or insurers will be offered the opportunity to invest or own an interest in the purchaser or an entity related to the purchaser safeguard procedures are in place to avoid a conflict of interest in patient referral; and (4) certificate of need authorization is justified in accordance with chapter 368z. The commissioner may contract with any person, including, but not limited to, financial or actuarial experts or consultants, or legal experts with the approval of the Attorney General, to assist in reviewing the completed application. The commissioner shall submit any bills for such contracts to the purchaser. Such bills shall not exceed one hundred fifty thousand dollars. The purchaser shall pay such bills no later than thirty days after the date of receipt of such bills. "

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

Section 1

October 1, 2014

New section

Sec. 2

from passage

33-182aa

Sec. 3

from passage

33-182bb

Sec. 4

October 1, 2014

New section

Sec. 5

July 1, 2014

19a-630

Sec. 6

July 1, 2014

19a-638

Sec. 7

July 1, 2014

19a-639

Sec. 8

July 1, 2014

19a-639a

Sec. 9

from passage

19a-486a

Sec. 10

from passage

19a-486b

Sec. 11

from passage

19a-486d(a)

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 19 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote Senate Bill No. 35 as amended by Senate Amendment Schedule "A" (LCO 4106) and “B” (LCO 5690) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

   

N

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 Looney of the 11th moved immediate transmittal of the bill as amended to the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON THE CONSENT CALENDAR NO. 2

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. 2.

APPROPRIATIONS. Substitute for H. B. No. 5402 (RAISED) (File No. 593) AN ACT CONCERNING WAIVERS FOR MEDICAID-FINANCED, HOME AND COMMUNITY-BASED PROGRAMS FOR INDIVIDUALS WITH ACQUIRED BRAIN INJURY.

Senator Bye of the 5th explained the bill and moved passage.

Remarking were Senators Kane of the 32nd and Osten of the 19th.

On the motion of Senator Bye of the 5th the bill was placed on the Consent Calendar No. 2. In concurrence with the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

DISAGREEING ACTION

BILL PASSED

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

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 332 (RAISED) (File No. 481) AN ACT AMENDING THE CHARTER OF THE METROPOLITAN DISTRICT IN HARTFORD COUNTY. (As amended by Senate Amendment Schedule "A" and House Amendment Schedule "A").

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

Remarking was Senator Cassano of the 4th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 26 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 30

Those voting Nay 6

Those absent and not voting 0

On the roll call vote Senate Bill No. 332 as amended by Senate Amendment Schedule "A" and House Amendment Schedule "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

 

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

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

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").

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

Remarking were Senators Chapin of the 30th and Kane of the 32nd, Welch of the 31st and Linares of the 33rd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 02 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote House Bill No. 5424 as amended by House Amendment Schedule "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

 

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

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:

HUMAN SERVICES. S. B. No. 327 (RAISED) (File No. 282) AN ACT CONCERNING NURSING HOMES.

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.

GENERAL LAW. Substitute for H. B. No. 5476 (RAISED) (File No. 257) AN ACT CONCERNING A STUDY OF THE FEASIBILITY OF LEGALIZING INDUSTRIAL HEMP. (As amended by House Amendment Schedule "A"). As amended by House Amendment Schedule "A" (LCO 5616).

JUDICIARY. H. B. No. 5526 (RAISED) (File No. 633) AN ACT CONCERNING DELINQUENT CHILD SUPPORT OBLIGORS.

BANKS. Substitute for H. B. No. 5577 (RAISED) (File No. 454) AN ACT CONCERNING A CROWDFUNDING STUDY BY THE DEPARTMENT OF BANKING.

BUSINESS FROM THE HOUSE

EMERGENCY CERTIFICATION

HOUSE BILL

H. B. No. 5597 AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2015.

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.

EDUCATION. Substitute for H. B. No. 5566 (RAISED) (File No. 452) AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES. As amended by House Amendment Schedule "A" (LCO 5606).

EDUCATION. Substitute for H. B. No. 5593 (RAISED) (File No. 636) AN ACT CONCERNING DOMESTIC VIOLENCE AND SEXUAL ASSAULT. As amended by House Amendment Schedule "A" (LCO 5496).

ENVIRONMENT. Substitute for H. B. No. 5417 (RAISED) (File No. 300) AN ACT ESTABLISHING A SEASON FOR THE TAKING OF GLASS EELS. As amended by House Amendment Schedule "A" (LCO 5617).

SENATE RESOLUTION INTRODUCED

S. R. No. 25 RESOLUTION RAISING A COMMITTEE TO INFORM THE HOUSE OF REPRESENTATIVES THAT THE SENATE IS READY TO MEET IN JOINT CONVENTION.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 2

On motion of Senator Looney of the 11th, the following bills which were starred for action were placed on the Consent Calendar No. 2 in accordance with Senate Rule 31.

GENERAL LAW. H. B. No. 5099 (RAISED) (File No. 132) AN ACT CONCERNING CATERER, BREW PUB MANUFACTURER AND BEER AND BREW PUB MANUFACTURER ALCOHOLIC LIQUOR PERMITS. In concurrence with the House.

HUMAN SERVICES. Substitute for H. B. No. 5441 (RAISED) (File No. 302) AN ACT CONCERNING DIRECT PAYMENT OF RESIDENTIAL CARE FACILITIES. In concurrence with the House.

JUDICIARY. H. B. No. 5339 (RAISED) (File No. 92) AN ACT CONCERNING THE ADMINISTRATION OF OATHS AND THE VALIDATION OF CERTAIN MARRIAGES. In concurrence with the House.

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5056 (RAISED) (File Nos. 198 and 512) AN ACT MAKING TECHNICAL AMENDMENTS TO CERTAIN STATUTES CONCERNING MUNICIPALITIES, REGIONAL PLANNING ORGANIZATIONS AND TAX EXEMPTIONS AND CONCERNING GROWTH-RELATED PROJECTS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

HUMAN SERVICES. H. B. No. 5323 (RAISED) (File Nos. 155 and 514) AN ACT CONCERNING THE CHILD POVERTY AND PREVENTION COUNCIL. (As amended by House Amendment Schedule "A"). In concurrence with the House.

ENERGY AND TECHNOLOGY. H. B. No. 5117 (RAISED) (File No. 335) AN ACT CONCERNING A CLEAN ALTERNATIVE FUEL VEHICLE PROCUREMENT PREFERENCE. In concurrence with the House.

HUMAN SERVICES. Substitute for H. B. No. 5442 (RAISED) (File No. 351) AN ACT CONCERNING THE STATE-ADMINISTERED GENERAL ASSISTANCE PROGRAM. In concurrence with the House.

HUMAN SERVICES. Substitute for H. B. No. 5443 (RAISED) (File No. 352) AN ACT CONCERNING COVERAGE UNDER STATE MEDICAL ASSISTANCE PROGRAMS FOR CERTAIN OVER-THE-COUNTER DRUGS. In concurrence with the House.

ENERGY AND TECHNOLOGY. Substitute for H. B. No. 5410 (RAISED) (File Nos. 347 and 648) AN ACT CONCERNING LOST AND UNACCOUNTED FOR GAS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

GENERAL LAW. H. B. No. 5258 (RAISED) (File Nos. 200 and 645) AN ACT CONCERNING BAKERIES, FOOD MANUFACTURING ESTABLISHMENTS AND FOOD WAREHOUSES. (As amended by House Amendment Schedule "A"). In concurrence with the House.

GENERAL LAW. Substitute for H. B. No. 5263 (RAISED) (File Nos. 150 and 646) AN ACT MAKING MINOR AND TECHNICAL CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES. (As amended by House Amendment Schedule "A"). In concurrence with the House.

HUMAN SERVICES. Substitute for H. B. No. 5439 (RAISED) (File Nos. 163 and 652) AN ACT CONCERNING BRAND NAME DRUG PRESCRIPTIONS FOR STATE MEDICAL ASSISTANCE RECIPIENTS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

COMMERCE. H. B. No. 5518 (RAISED) (File No. 307) AN ACT CONCERNING THE LIABILITIES OF APPLICANTS FOR STATE FINANCIAL ASSISTANCE. In concurrence with the House.

JUDICIARY. H. B. No. 5336 (RAISED) (File No. 203) AN ACT CONCERNING THE POSSESSION OF ALCOHOLIC LIQUOR BY MINORS. In concurrence with the House.

ENVIRONMENT. Substitute for H. B. No. 5418 (RAISED) (File Nos. 250 and 680) AN ACT CONCERNING FINANCIAL LIABILITY FOR THE CLEAN-UP OF CERTAIN HAZARDOUS WASTE. (As amended by House Amendment Schedule "A"). In concurrence with the House.

PUBLIC SAFETY AND SECURITY. Substitute for H. B. No. 5150 (RAISED) (File Nos. 79 and 677) AN ACT CONCERNING FIRE SAFETY ENFORCEMENT OFFICIALS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5531 (RAISED) (File No. 309) AN ACT CONCERNING MUTUAL CONSOLIDATION OF DISPATCH FACILITIES. In concurrence with the House.

PUBLIC HEALTH. H. B. No. 5133 (RAISED) (File No. 437) AN ACT CONCERNING THE LOCATION OF FUNDING SOURCES FOR THE HEALTHY HOMES INITIATIVE. In concurrence with the House.

APPROPRIATIONS. H. B. No. 5325 (RAISED) (File No. 585) AN ACT ELIMINATING THE HOME-CARE COST CAP. In concurrence with the House.

APPROPRIATIONS. Substitute for H. B. No. 5440 (RAISED) (File Nos. 627 and 686) AN ACT CONCERNING MEDICAID REIMBURSEMENT FOR EMERGENCY DEPARTMENT PHYSICIANS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

COMMERCE. Substitute for H. B. No. 5516 (RAISED) (File No. 445) AN ACT CONCERNING A STUDY OF KITCHEN INCUBATORS. In concurrence with the House.

EDUCATION. Substitute for H. B. No. 5321 (RAISED) (File No. 346) AN ACT CONCERNING INTERPRETER QUALIFICATIONS. In concurrence with the House.

FINANCE, REVENUE AND BONDING. H. B. No. 5140 (RAISED) (File No. 526) AN ACT CONCERNING PROPERTY TAX RELIEF ON CERTAIN REAL PROPERTY HELD IN TRUST. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5341 (RAISED) (File No. 548) AN ACT CONCERNING THE DESIGNATION OF A PERSON CONVICTED OF CRIMINAL VIOLATION OF A STANDING CRIMINAL PROTECTIVE ORDER AS A PERSISTENT OFFENDER. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5450 (RAISED) (File No. 549) AN ACT CONCERNING ARBITRATION IN MOTOR VEHICLE ACCIDENT CASES. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5538 (RAISED) (File No. 594) AN ACT CONCERNING JUICE BARS. In concurrence with the House.

PUBLIC HEALTH. Substitute for H. B. No. 5328 (RAISED) (File Nos. 441 and 685) AN ACT CONCERNING ADVISORY AND PLANNING COUNCILS FOR STATE DEVELOPMENTAL SERVICES REGIONS, A CHANGE IN TERMINOLOGY AND THE AUTISM SPECTRUM DISORDER ADVISORY COUNCIL. (As amended by House Amendment Schedule "A"). In concurrence with the House.

PUBLIC HEALTH. Substitute for H. B. No. 5337 (RAISED) (File No. 297) AN ACT CONCERNING FEES CHARGED FOR SERVICES PROVIDED AT HOSPITAL-BASED FACILITIES. In concurrence with the House.

ENERGY AND TECHNOLOGY. Substitute for H. B. No. 5115 (RAISED) (File Nos. 365 and 689) AN ACT CONCERNING TECHNICAL AND MINOR REVISIONS TO AND REPEAL OF OBSOLETE PROVISIONS OF ENERGY AND TECHNOLOGY STATUTES. (As amended by House Amendment Schedule "A"). In concurrence with the House.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5547 (RAISED) (File No. 534) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE GOVERNMENT ADMINISTRATION AND ELECTIONS STATUTES. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5530 (RAISED) (File Nos. 447 and 701) AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS REGARDING BULK WATER HAULERS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

PUBLIC HEALTH. Substitute for H. B. No. 5386 (RAISED) (File Nos. 95 and 699) AN ACT CONCERNING CARE COORDINATION FOR CHRONIC DISEASE. (As amended by House Amendment Schedule "A"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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"). In concurrence with the House.

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. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5588 (RAISED) (File Nos. 597 and 748) AN ACT CONCERNING BAIL BONDS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

LABOR AND PUBLIC EMPLOYEES. Substitute for H. B. No. 5269 (RAISED) (File Nos. 151 and 740) AN ACT CREATING PARITY BETWEEN PAID SICK LEAVE BENEFITS AND OTHER EMPLOYER-PROVIDED BENEFITS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5466 (RAISED) (File Nos. 660 and 758) AN ACT CONCERNING THE DEPARTMENT OF REVENUE SERVICES' STATUTES AND PROCEDURES, INCLUDING BACKGROUND CHECKS FOR EMPLOYEES, THE MASTER SETTLEMENT AGREEMENT, THE MOTOR VEHICLE FUELS TAX, THE ESTATE TAX, ADDITIONS AND CHANGES TO VARIOUS PUBLIC LISTS MAINTAINED BY THE DEPARTMENT, THE PAYMENT SCHEDULE FOR THE SALES AND USE TAX, A DATA MATCH SYSTEM WITH FINANCIAL INSTITUTIONS, THE PERSONAL INCOME TAX AND TECHNICAL CORRECTIONS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5489 (RAISED) (File Nos. 631 and 753) AN ACT CONCERNING THE INTEGRITY OF THE BUSINESS REGISTRY. (As amended by House Amendment Schedule "A"). In concurrence with the House.

PUBLIC HEALTH. Substitute for H. B. No. 5535 (RAISED) (File Nos. 475 and 754) AN ACT CONCERNING NOTICE OF A PATIENT'S OBSERVATION STATUS. (As amended by House Amendment Schedules "A" and "C"). In concurrence with the House.

EDUCATION. H. B. No. 5434 (RAISED) (File No. 350) AN ACT REQUIRING A TECHNICAL HIGH SCHOOL AND COMMUNITY-TECHNICAL COLLEGE COOPERATIVE. (As amended by House Amendment Schedule "A"). In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5040 (RAISED) (File No. 143) AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES AND THE PROTECTION OF CHILDREN. (As amended by House Amendment Schedule "A"). In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5564 (RAISED) (File Nos. 451 and 706) AN ACT CONCERNING SCHOOL SAFETY. (As amended by House Amendment Schedule "A"). In concurrence with the House.

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5220 (RAISED) (File No. 583) AN ACT CONCERNING A PROPERTY OWNER'S LIABILITY FOR THE EXPENSES OF REMOVING A FALLEN TREE OR LIMB. In concurrence with the House.

JUDICIARY. H. B. No. 5310 (RAISED) (File No. 584) AN ACT CONCERNING CONNECTICUT'S SEED LAW. (As amended by House Amendment Schedule "A"). In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5289 (RAISED) (File No. 245) AN ACT ESTABLISHING THE CONNECTICUT PORT AUTHORITY. (As amended by House Amendment Schedule "A"). In concurrence with the House.

GENERAL LAW. H. B. No. 5334 (RAISED) (File No. 202) AN ACT CONCERNING ALCOHOLIC LIQUOR PERMITS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5586 (RAISED) (File No. 596) AN ACT CONCERNING REVISIONS TO VARIOUS STATUTES CONCERNING THE CRIMINAL JUSTICE SYSTEM. (As amended by House Amendment Schedule "A"). In concurrence with the House.

APPROPRIATIONS. Substitute for H. B. No. 5402 (RAISED) (File No. 593) AN ACT CONCERNING WAIVERS FOR MEDICAID-FINANCED, HOME AND COMMUNITY-BASED PROGRAMS FOR INDIVIDUALS WITH ACQUIRED BRAIN INJURY. In concurrence with the House.

LABOR AND PUBLIC EMPLOYEES. Substitute for H. B. No. 5377 (RAISED) (File Nos. 210 and 659) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE ON THE REEMPLOYMENT OF OLDER WORKERS AS THEY RELATE TO THE LABOR DEPARTMENT. (As amended by House Amendment Schedule "A"). In concurrence with the House.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5550 (RAISED) (File No. 535) AN ACT CONCERNING THE CONVEYANCE OF CERTAIN PARCELS OF STATE LAND. (As amended by House Amendment Schedule "A"). In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5262 (RAISED) (File No. 243) AN ACT CONCERNING THE PHARMACY PRACTICE ACT AND COUNTERFEIT DRUGS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

GENERAL LAW. Substitute for H. B. No. 5476 (RAISED) (File No. 257) AN ACT CONCERNING A STUDY OF THE FEASIBILITY OF LEGALIZING INDUSTRIAL HEMP. (As amended by House Amendment Schedule "A"). In concurrence with the House.

JUDICIARY. H. B. No. 5526 (RAISED) (File No. 633) AN ACT CONCERNING DELINQUENT CHILD SUPPORT OBLIGORS. In concurrence with the House.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 243 (RAISED) (File No. 275) AN ACT CONCERNING ELIGIBILITY FOR UNEMPLOYMENT BENEFITS

BUSINESS ON THE CALENDAR

DFISAGREEING ACTION

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 2

On motion of Senator Looney of the 11th, the following resolutions which were starred for action were placed on the Consent Calendar No. 2 in accordance with Senate Rule 31.

PLANNING AND DEVELOPMENT. S. B. No. 432 (RAISED) (File No. 575) AN ACT PROVIDING NOTICE TO THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY UPON THE RELEASE OF A REGISTERED SEXUAL OFFENDER INTO SUCH MUNICIPALITY. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 2

On motion of Senator Looney of the 11th, the following resolutions which were starred for action were placed on the Consent Calendar No. 2 in accordance with Senate Rule 31.

JUDICIARY. Substitute for H. J. No. 20 (COMM) (File Nos. 554 and 688) RESOLUTION CONCERNING THE DISPOSITION OF CERTAIN CLAIMS AGAINST THE STATE PURSUANT TO CHAPTER 53 OF THE GENERAL STATUTES. (As amended by House Amendment Schedule "A"). In concurrence with the House.

JUDICIARY. Substitute for H. J. No. 26 (COMM) (File No. 556) RESOLUTION VACATING THE DECISION OF THE CLAIMS COMMISSIONER TO DISMISS THE CLAIM AGAINST THE STATE OF CHASE CORCORAN AND AUTHORIZING THE CLAIMANT TO SUE THE STATE. In concurrence with the House.

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. In concurrence with the House.

H. J. No. 87 RESOLUTION RECOGNIZING CONNECTICUT AS FIRST IN FLIGHT. In concurrence with the House.

SUSPENSION OF THE RULES

TO TAKE UP SINGLE AND NO STARRED ITEMS

FROM SENATE AGENDA'S NO. 1, 2 AND 4

Senator Looney of the 11th moved for suspension of the rules to take up single and no starred items on Senate Agenda's No. 1, 2 and 4.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO 2

On motion of Senator Looney of the 11th, the following bills which were starred for action were placed on the Consent Calendar No. 2 in accordance with Senate Rule 31.

JUDICIARY. Substitute for H. B. No. 5525 (RAISED) (File No. 550) AN ACT CONCERNING CHILD PORNOGRAPHY. In concurrence with the House.

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 5528 (RAISED) (File No. 532) AN ACT CONCERNING ESSENTIAL PUBLIC HEALTH SERVICES. In concurrence with the House.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5311 (RAISED) (File No. 529) AN ACT RAISING THE THRESHOLD FOR STATE CONSTRUCTION CONTRACTS REQUIRING THE APPROVAL OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES AND FOR COMPETITIVE BIDDING. In concurrence with the House.

EDUCATION. Substitute for H. B. No. 5593 (RAISED) (File No. 636) AN ACT CONCERNING DOMESTIC VIOLENCE AND SEXUAL ASSAULT. In concurrence with the House.

INSURANCE AND REAL ESTATE. S. B. No. 480 (RAISED) (File No. 395) AN ACT CONCERNING LIFE INSURANCE PRODUCER LICENSES AND REGISTRATIONS OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS AND INVESTMENT ADVISER AGENTS. In concurrence with the House.

EDUCATION. Substitute for H. B. No. 5566 (RAISED) (File No. 452) AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES. In concurrence with the House.

SUSPENSION OF THE RULES

TO TAKE UP SINGLE AND NO STARRED ITEMS

FROM SENATE AGENDA NO. 1

Senator Looney of the 11th moved for suspension of the rules to take up single and no starred items on Senate Agenda's No. 1.

DISAGREEING ACTION

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO 2

On motion of Senator Looney of the 11th, the following bills which were starred for action were placed on the Consent Calendar No. 2 in accordance with Senate Rule 31.

HUMAN SERVICES. Substitute for S. B. No. 152 (RAISED) (File No. 607) AN ACT CONCERNING COURT SUPPORT SERVICES. As amended by House Amendment Schedule "A". In concurrence with the House.

CONSENT CALENDAR NO. 2

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: 39 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No. 2. was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS 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.

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").

Senator Fonfara of the 1st explained the bill as amended, offered Senate Amendment Schedule “A” (LCO 5699) 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. Section 4-61dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person having knowledge of any matter involving corruption, unethical practices, violation of state laws or regulations, mismanagement, gross waste of funds, abuse of authority or danger to the public safety occurring in any state department or agency or any quasi-public agency, as defined in section 1-120, or any person having knowledge of any matter involving corruption, violation of state or federal laws or regulations, gross waste of funds, abuse of authority or danger to the public safety occurring in any large state contract, may transmit all facts and information in such person's possession concerning such matter to the Auditors of Public Accounts. The Auditors of Public Accounts shall review such matter and report their findings and any recommendations to the Attorney General. Upon receiving such a report, the Attorney General shall make such investigation as the Attorney General deems proper regarding such report and any other information that may be reasonably derived from such report. Prior to conducting an investigation of any information that may be reasonably derived from such report, the Attorney General shall consult with the Auditors of Public Accounts concerning the relationship of such additional information to the report that has been issued pursuant to this subsection. Any such subsequent investigation deemed appropriate by the Attorney General shall only be conducted with the concurrence and assistance of the Auditors of Public Accounts. At the request of the Attorney General or on their own initiative, the auditors shall assist in the investigation.

(b) (1) The Auditors of Public Accounts may reject any complaint received pursuant to subsection (a) of this section if the Auditors of Public Accounts determine one or more of the following:

(A) There are other available remedies that the complainant can reasonably be expected to pursue;

(B) The complaint is better suited for investigation or enforcement by another state agency;

(C) The complaint is trivial, frivolous, vexatious or not made in good faith;

(D) Other complaints have greater priority in terms of serving the public good;

(E) The complaint is not timely or is too long delayed to justify further investigation; or

(F) The complaint could be handled more appropriately as part of an ongoing or scheduled regular audit.

(2) If the Auditors of Public Accounts reject a complaint pursuant to subdivision (1) of this subsection, the Auditors of Public Accounts shall provide a report to the Attorney General setting out the basis for the rejection.

(3) If at any time the Auditors of Public Accounts determine that a complaint is more appropriately investigated by another state agency, the Auditors of Public Accounts shall refer the complaint to such agency. The investigating agency shall provide a status report regarding the referred complaint to the Auditors of Public Accounts upon request.

(c) Notwithstanding the provisions of section 12-15, the Commissioner of Revenue Services may, upon written request by the Auditors of Public Accounts, disclose return or return information, as defined in section 12-15, to the Auditors of Public Accounts for purposes of preparing a report under subsection (a) or (b) of this section. Such return or return information shall not be published in any report prepared in accordance with subsection (a) or (b) of this section, and shall not otherwise be redisclosed, except that such information may be redisclosed to the Attorney General for purposes of an investigation authorized by subsection (a) of this section. Any person who violates the provisions of this subsection shall be subject to the provisions of subsection (g) of section 12-15.

[(c)] (d) The Attorney General may summon witnesses, require the production of any necessary books, papers or other documents and administer oaths to witnesses, where necessary, for the purpose of an investigation pursuant to this section or for the purpose of investigating a suspected violation of subsection (a) of section 17b-301b until such time as the Attorney General files a civil action pursuant to section 17b-301c. Upon the conclusion of the investigation, the Attorney General shall where necessary, report any findings to the Governor, or in matters involving criminal activity, to the Chief State's Attorney. In addition to the exempt records provision of section 1-210, the Auditors of Public Accounts and the Attorney General shall not, after receipt of any information from a person under the provisions of this section or sections 17b-301c to 17b-301g, inclusive, disclose the identity of such person without such person's consent unless the Auditors of Public Accounts or the Attorney General determines that such disclosure is unavoidable, and may withhold records of such investigation, during the pendency of the investigation.

[(d)] (e) (1) No state officer or employee, as defined in section 4-141, no quasi-public agency officer or employee, no officer or employee of a large state contractor and no appointing authority shall take or threaten to take any personnel action against any state or quasi-public agency employee or any employee of a large state contractor in retaliation for (A) such employee's or contractor's disclosure of information to (i) an employee of the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) of this section; (ii) an employee of the state agency or quasi-public agency where such state officer or employee is employed; (iii) an employee of a state agency pursuant to a mandated reporter statute or pursuant to subsection (b) of section 17a-28; or (iv) in the case of a large state contractor, an employee of the contracting state agency concerning information involving the large state contract; or (B) such employee's testimony or assistance in any proceeding under this section.

(2) (A) Not later than ninety days after learning of the specific incident giving rise to a claim that a personnel action has been threatened or has occurred in violation of subdivision (1) of this subsection, a state or quasi-public agency employee, an employee of a large state contractor or the employee's attorney may file a complaint against the state agency, quasi-public agency, large state contractor or appointing authority concerning such personnel action with the Chief Human Rights Referee designated under section 46a-57. Such complaint may be amended if an additional incident giving rise to a claim under this subdivision occurs subsequent to the filing of the original complaint. The Chief Human Rights Referee shall assign the complaint to a human rights referee appointed under section 46a-57, who shall conduct a hearing and issue a decision concerning whether the officer or employee taking or threatening to take the personnel action violated any provision of this section. The human rights referee may order a state agency or quasi-public agency to produce (i) an employee of such agency or quasi-public agency to testify as a witness in any proceeding under this subdivision, or (ii) books, papers or other documents relevant to the complaint, without issuing a subpoena. If such agency or quasi-public agency fails to produce such witness, books, papers or documents, not later than thirty days after such order, the human rights referee may consider such failure as supporting evidence for the complainant. If, after the hearing, the human rights referee finds a violation, the referee may award the aggrieved employee reinstatement to the employee's former position, back pay and reestablishment of any employee benefits for which the employee would otherwise have been eligible if such violation had not occurred, reasonable attorneys' fees, and any other damages. For the purposes of this subsection, such human rights referee shall act as an independent hearing officer. The decision of a human rights referee under this subsection may be appealed by any person who was a party at such hearing, in accordance with the provisions of section 4-183.

(B) The Chief Human Rights Referee shall adopt regulations, in accordance with the provisions of chapter 54, establishing the procedure for filing complaints and noticing and conducting hearings under subparagraph (A) of this subdivision.

(3) As an alternative to the provisions of subdivision (2) of this subsection: (A) A state or quasi-public agency employee who alleges that a personnel action has been threatened or taken may file an appeal not later than ninety days after learning of the specific incident giving rise to such claim with the Employees' Review Board under section 5-202, or, in the case of a state or quasi-public agency employee covered by a collective bargaining contract, in accordance with the procedure provided by such contract; or (B) an employee of a large state contractor alleging that such action has been threatened or taken may, after exhausting all available administrative remedies, bring a civil action in accordance with the provisions of subsection (c) of section 31-51m.

(4) In any proceeding under subdivision (2) or (3) of this subsection concerning a personnel action taken or threatened against any state or quasi-public agency employee or any employee of a large state contractor, which personnel action occurs not later than two years after the employee first transmits facts and information concerning a matter under subsection (a) of this section or discloses information under subdivision (1) of this subsection to the Auditors of Public Accounts, the Attorney General or an employee of a state agency or quasi-public agency, as applicable, there shall be a rebuttable presumption that the personnel action is in retaliation for the action taken by the employee under subsection (a) of this section or subdivision (1) of this subsection.

(5) If a state officer or employee, as defined in section 4-141, a quasi-public agency officer or employee, an officer or employee of a large state contractor or an appointing authority takes or threatens to take any action to impede, fail to renew or cancel a contract between a state agency and a large state contractor, or between a large state contractor and its subcontractor, in retaliation for the disclosure of information pursuant to subsection (a) of this section or subdivision (1) of this subsection to any agency listed in subdivision (1) of this subsection, such affected agency, contractor or subcontractor may, not later than ninety days after learning of such action, threat or failure to renew, bring a civil action in the superior court for the judicial district of Hartford to recover damages, attorney's fees and costs.

[(e)] (f) Any employee of a state or quasi-public agency or large state contractor, who is found by the Auditors of Public Accounts, the Attorney General, a human rights referee or the Employees' Review Board to have knowingly and maliciously made false charges under subsection (a) of this section, shall be subject to disciplinary action by such employee's appointing authority up to and including dismissal. In the case of a state or quasi-public agency employee, such action shall be subject to appeal to the Employees' Review Board in accordance with section 5-202, or in the case of state or quasi-public agency employees included in collective bargaining contracts, the procedure provided by such contracts.

[(f)] (g) On or before September first, annually, the Auditors of Public Accounts shall submit, in accordance with the provisions of section 11-4a, to the clerk of each house of the General Assembly a report indicating the number of matters for which facts and information were transmitted to the auditors pursuant to this section during the preceding state fiscal year and the disposition of each such matter.

[(g)] (h) Each contract between a state or quasi-public agency and a large state contractor shall provide that, if an officer, employee or appointing authority of a large state contractor takes or threatens to take any personnel action against any employee of the contractor in retaliation for such employee's disclosure of information to any employee of the contracting state or quasi-public agency or the Auditors of Public Accounts or the Attorney General under the provisions of subsection (a) or subdivision (1) of subsection (d) of this section, the contractor shall be liable for a civil penalty of not more than five thousand dollars for each offense, up to a maximum of twenty per cent of the value of the contract. Each violation shall be a separate and distinct offense and in the case of a continuing violation each calendar day's continuance of the violation shall be deemed to be a separate and distinct offense. The executive head of the state or quasi-public agency may request the Attorney General to bring a civil action in the superior court for the judicial district of Hartford to seek imposition and recovery of such civil penalty.

[(h)] (i) Each state agency or quasi-public agency shall post a notice of the provisions of this section relating to state employees and quasi-public agency employees in a conspicuous place that is readily available for viewing by employees of such agency or quasi-public agency. Each large state contractor shall post a notice of the provisions of this section relating to large state contractors in a conspicuous place which is readily available for viewing by the employees of the contractor.

[(i)] (j) No person who, in good faith, discloses information in accordance with the provisions of this section shall be liable for any civil damages resulting from such good faith disclosure.

[(j)] (k) As used in this section:

(1) "Large state contract" means a contract between an entity and a state or quasi-public agency, having a value of five million dollars or more; and

(2) "Large state contractor" means an entity that has entered into a large state contract with a state or quasi-public agency.

Sec. 2. Subsections (b) and (c) of section 32-605 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(b) [In lieu of the audit required under section 1-122, the] The board of directors of the authority shall annually contract with a person, firm or corporation for a compliance audit of the authority's activities during the preceding authority fiscal year. The audit shall determine whether the authority has complied with its regulations concerning affirmative action, personnel practices, the purchase of goods and services and the use of surplus funds. The board shall submit the audit report to the Governor, the Auditors of Public Accounts and the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding.

(c) The board of directors of the authority shall annually contract with a firm of certified public accountants to undertake an independent financial audit of the authority in accordance with generally accepted auditing standards. The board shall submit the audit report to the Governor, the Auditors of Public Accounts and the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding. [The books and accounts of the authority shall be subject to annual audits by the state Auditors of Public Accounts. ]

Sec. 3. Subsection (g) of section 32-657 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(g) The Stadium Facility Enterprise Fund, the revenue account, the operating expense account and any other account holding state moneys associated with the stadium facility shall be subject to the provisions of sections 3-112, 3-114, 4-32 and 4-33, except to the extent inconsistent with express provisions of this section, and shall be audited [on a comprehensive annual basis] as provided in section 1-122 by the Auditors of Public Accounts. [Such audits shall be conducted at the sole expense of the Auditors of Public Accounts and with advance notice to the secretary. ]

Sec. 4. Section 12-635 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):

The Commissioner of Revenue Services shall grant a credit against any tax due under the provisions of chapter 207, 208, 209, 210, 211 or 212: (1) In an amount not to exceed one hundred per cent of the total cash amount invested during the taxable year by the business firm in programs operated or created pursuant to proposals approved pursuant to section 12-632 for energy conservation projects directed toward properties occupied by persons, at least seventy-five per cent of whom are at an income level not exceeding one hundred fifty per cent of the poverty level for the year next preceding the year during which such tax credit is to be granted; (2) in an amount equal to one hundred per cent of the total cash amount invested during the taxable year by the business firm in programs operated or created pursuant to proposals approved pursuant to section 12-632 for energy conservation projects at properties owned or occupied by charitable corporations, foundations, trusts or other entities as determined under regulations adopted pursuant to this chapter; (3) in an amount equal to one hundred per cent of the total cash amount invested during the taxable year by the business firm in a comprehensive college access loan forgiveness program located in an "educational reform district" as defined in section 10-262u, that has established minimum eligibility criteria including, but not limited to, years of enrollment in the educational reform district, grade point average, attendance record and loan forgiveness prerequisite; or [(3)] (4) in an amount not to exceed sixty per cent of the total cash amount invested during the taxable year by the business firm (A) in employment and training programs directed at youths, at least seventy-five per cent of whom are at an income level not exceeding one hundred fifty per cent of the poverty level for the year next preceding the year during which such tax credit is to be granted; (B) in employment and training programs directed at handicapped persons as determined under regulations adopted pursuant to this chapter; (C) in employment and training programs for unemployed workers who are fifty years of age or older; (D) in education and employment training programs for recipients in the temporary family assistance program; or (E) in child care services. Any other program which serves persons at least seventy-five per cent of whom are at an income level not exceeding one hundred fifty per cent of the poverty level for the year next preceding the year during which such tax credit is to be granted and which meets the standards for eligibility under this chapter shall be eligible for a tax credit under this section in an amount equal to sixty per cent of the total cash invested by the business firm in such program.

Sec. 5. Subsection (k) of section 4a-60g of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(k) (1) On or before January 1, 2000, the Commissioner of Administrative Services shall establish a process for certification of small contractors and minority business enterprises as eligible for set-aside contracts. Each certification shall be valid for a period not to exceed two years. Any paper application for certification shall be no longer than six pages. The Department of Administrative Services shall maintain on its web site an updated directory of small contractors and minority business enterprises certified under this section.

(2) The Commissioner of Administrative Services may deny an application for the initial issuance or renewal of such certification after issuing a written decision to the applicant setting forth the basis for such denial. The commissioner may revoke such certification for cause after notice and an opportunity for a hearing in accordance with the provisions of chapter 54. Any person aggrieved by the commissioner's decision to deny the issuance or renewal of or to revoke such certification may appeal such decision to the Superior Court, in accordance with the provisions of section 4-183.

(3) Whenever the Commissioner of Administrative Services has reason to believe that a small contractor or minority business enterprise who has applied for or received certification under this section has included a materially false statement in his or her application, the commissioner may impose a penalty not exceeding ten thousand dollars after notice and a hearing held in accordance with chapter 54. Such notice shall include (A) a reference to the statement or statements contained in the application alleged to be false, (B) the maximum civil penalty that may be imposed for such misrepresentation, and (C) the time and place of the hearing. Such hearing shall be fixed for a date not later than fourteen days from the date such notice is sent. The commissioner shall send a copy of such notice to the Commission on Human Rights and Opportunities.

(4) The commissioner shall hold a hearing prior to such revocation or denial or the imposition of a penalty, unless such contractor or subcontractor fails to appear. If, after the hearing, the commissioner finds that the contractor or subcontractor has wilfully included a materially false statement in his or her application for certification under this subsection, the commissioner shall revoke or deny the certification and may order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. If such contractor or subcontractor fails to appear for the hearing, the commissioner may, as the facts require, revoke or deny the certification and order that a civil penalty not exceeding ten thousand dollars be imposed on the contractor or subcontractor. The commissioner shall send a copy of any order issued pursuant to this subsection to the contractor or subcontractor named in such order. The commissioner may cause proceedings to be instituted by the Attorney General for the enforcement of any order imposing a civil penalty issued under this subsection.

Sec. 6. (Effective July 1, 2014) The sum of $225,000 appropriated in section 1 of public act 13-247, as amended by house bill 5596 of the current session, to the Judicial Department, for Children of Incarcerated Parents, for the fiscal year ending June 30, 2015, and allocated to the Greater Hartford Male Youth Leadership Program shall not be paid to said recipient and shall be reallocated and paid to the Legacy Foundation of Hartford during said fiscal year. "

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

Section 1

from passage

4-61dd

Sec. 2

October 1, 2014

32-605(b) and (c)

Sec. 3

October 1, 2014

32-657(g)

Sec. 4

July 1, 2014

12-635

Sec. 5

October 1, 2014

4a-60g(k)

Sec. 6

July 1, 2014

New section

after receiving the notice of reduction, suspension or termination of benefits, the member may request a hearing. Not later than thirty days after receiving the member's request, the commission shall hold a hearing that shall be decided as a contested case in accordance with chapter 54. "

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

Sec. 501

from passage

5-155a(j) and (k)

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 42 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote House Bill No. 5546 as amended by House Amendment Schedule "A" and Senate Amendment Schedule “A” (LCO 5699) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th moved immediate transmittal to the House of all bills needing further action by the House.

SUSPENSION OF THE RULES

TO TAKE UP SINGLE AND NO STARRED ITEMS

FROM SENATE AGENDA NO 4

Senator Looney of the 11th moved for suspension of the rules to take up single and no starred items on Senate Agenda's No. 4.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILL PASSED

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

ENVIRONMENT. Substitute for H. B. No. 5417 (RAISED) (File No. 300) AN ACT ESTABLISHING A SEASON FOR THE TAKING OF GLASS EELS.

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

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 44 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote House Bill No. 5417 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

 

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

FROM SENATE AGENDA NO. 3

EMERGENCY CERTIFICATION

HOUSE BILL PASSED

NO. H. B. No. 5597 AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2015.

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

Remarking were Senators Kane of the 32nd and Markley of the 16th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 47 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 23

Those voting Nay 13

Those absent and not voting 0

On the roll call vote House Bill No. 5597 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

 

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

   

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.

 

Y

 

12

EDWARD MEYER

   

N

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

   

N

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

   

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 REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO 3

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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5049 (File No. 515) AN ACT ELIMINATING UNNECESSARY GOVERNMENT REGULATION. (As amended by House Amendment Schedule "A").

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5254 (RAISED) (File No. 20) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL AND MINOR CHANGES TO THE INSURANCE STATUTES. In concurrence with the House.

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5053 (File Nos. 196 and 643) AN ACT STRENGTHENING CONNECTICUT'S INSURANCE INDUSTRY COMPETITIVENESS. (As amended by House Amendment Schedule "A"). In concurrence with the House.

CONSENT CALENDAR NO. 3

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: 49 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No. 3 was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY LEBEAU

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

ANTHONY J. MUSTO

 

Y

 

5

BETH BYE

 

Y

 

23

ANDRES AYALA

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY HOLDER-WINFIELD

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

CLARK J. CHAPIN

 

Y

 

13

DANTE BARTOLOMEO

 

Y

 

31

JASON WELCH

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON SENATE AGENDA NO. 5

SUSPENSION OF THE RULES

SENATE RESOLUTION ADOPTED

On motion of Senator Looney of the 11th, the rules were suspended and the following resolution was adopted.

S. R. No. 25 RESOLUTION RAISING A COMMITTEE TO INFORM THE HOUSE OF REPRESENTATIVES THAT THE SENATE IS READY TO MEET IN JOINT CONVENTION.

Senator Looney of the 11th, explained the resolution and moved adoption.

On a voice vote the resolution was Adopted.

The following is the Resolution.

Resolved by the Senate:

That a Committee of three Senators be appointed to inform the House of Representatives that the Senate is ready to meet in Joint Convention for the purpose of final adjournment.

The President appointed Senators Stillman of the 20th, Welch of the 31st and LeBeau of the 3rd.

REPORT OF THE COMMITTEE

The Committee appointed by the President to inform the House that the Senate was ready to meet in Joint Convention for the purpose of the final adjournment reported that they had discharged the duties assigned to them and that the Senate would meet the House in Joint Convention forth with.

The report was accepted and the committee discharged.

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 11: 57 p. m. , adjourned Sine Die.

ATTEST: Gary E. Coleman

Clerk of the Senate

Hartford, Connecticut

May 9, 2012

11: 57 o'clock p. m.

 

 

 

 

JOINT CONVENTION

The Honorable Senate, preceded by the Honorable Lieutenant Governor and the Clerks of the Senate, entered the House of Representatives and met the House in Joint Convention.

The President called the Joint Convention to order.

The prayer was offered by the Senate Chaplain, Reverend James J. Nock of East Hartford, Connecticut.

Almighty Father,

We ask your blessing on this joint convention this morning, as we come together to close our legislative session for 2014. This was quite a session: we passed a budget, hoping to stimulate growth and jobs in still difficult times; we worked hard to keep the aerospace industry here in the state for many years to come; we emphasized education to our towns and cities, and protection for our consumers, especially in the area of energy; we passed a minimum wage bill to help lift up our laborers and stimulate our economy, and, we proved once again that, in the state by the long tidal river – all goals are possible if we just work sincerely and do it together. And we ask this of you, who live and reign forever and ever. Amen.

PLEDGE

House Speaker Representative Sharkey of the 88th District led the Senate in the pledge of Allegiance.

JOINT CONVENTION RESOLUTION

RESOLUTION ADOPTED

J. C. No. 46 RESOLUTION RAISING A COMMITTEE OF TWO SENATORS AND TWO REPRESENTATIVES TO INFORM THE GOVERNOR THAT THE SENATE AND HOUSE OF REPRESENTATIVES ARE IN JOINT CONVENTION FOR THE PURPOSE OF ADJOURNMENT.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the Resolution.

Resolved by this Assembly:

That a Committee of two Senators and two Representatives be appointed to inform the Governor that the Senate and House of Representatives are in Joint Convention for the purpose of adjournment.

The President appointed Senators Williams of the 29th and Looney of the 11th, Representatives Aresimowicz of the 30th and Sharkey of the 88th.

The Governor thereupon appeared in the House of Representatives and delivered his message.

JOINT CONVENTION RESOLUTION

RESOLUTION ADOPTED

The following Joint Convention Resolution was introduced, read and adopted.

J. C. No. 47 RESOLUTION CONCERNING THE PRINTING OF THE GOVERNOR'S MESSAGE.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the Resolution.

Resolved by this Assembly:

That the message of the Governor be printed in the journals of the Senate and House of Representatives and that a sufficient number of copies be printed for general distribution.

BENEDICTION

House Chaplain, Rabbi Craig Marantz of Glastonbury offered the following benediction:

Let us pray. Dear God, thanks for this fruitful Legislative Session. Thanks for inspiring our dear Governor, Lt. Governor, Legislators and all other public servants in their stewardship of our great State. And thanks for energizing them to stand up for the people of Connecticut, their leadership fortifying the cornerstones of our democracy, like liberty and justice and the pursuit of happiness.

For those who will return to these hallowed halls and for those who will move on to new paths in life and service, may God bless you in your coming and your going. Good night, good morning and a good life anticipating a good Mother's Day for all. Amen.

After the Governor read his message Lt. Governor recognizes the Secretary of State

By his Excellency's command, I now declare the General Assembly adjourned, sine die, God save the State of Connecticut.

The President there upon dissolved the Joint convention at 12: 25 a. m. and the Senate withdrew.

REPORT OF THE JOINT CONVENTION

Ladies and Gentlemen of the Senate:

It is my duty to report to you the proceedings of the Joint Convention.

Upon the invitation of the House, the Senate met the House in Joint Convention for the purpose of receiving any communications that the Governor might choose to make.

Her Honor, Lieutenant Governor Nancy Wyman, presided over the Joint Convention.

Prayer was offered by the Senate Chaplain, Reverend James J. Nock of East Hartford, Connecticut.

The Speaker of the House led the Joint Convention in the Pledge of Allegiance.

Senator Looney of the 11th offered a resolution raising a committee of two Senators and two Representatives to inform the Governor that the Senate and House of Representatives were in Joint Convention for the purpose of receiving any communications the Governor might choose to make.

The Resolution was adopted and Senators Looney of the 11th and McKinney of the 28th.

Representatives Cafero of the 142nd and Sharkey of the 88th were appointed as such Committee.

The Committee soon reported that they had performed the duties assigned to them and had been informed that the Governor would soon come into the Convention.

The Governor thereupon appeared in the House of Representatives and addressed the Joint Convention.

His Excellency read to the Convention his message, a copy of which he left in my hands for the use of the General Assembly.

Senator Looney of the 11th offered a resolution concerning the printing of the Governor's message.

The resolution was adopted.

The benediction was offered by the Rabbi Craig Marantz of Glastonbury .

The Secretary of the State thereupon dissolved the Convention and the Senate withdrew.

Respectfully submitted,

Donald E. Williams Jr.

President Pro Tempore

 GOVERNOR DANNEL P. MALLOY

JOINT SESSION CLOSING SPEECH

MAY 7, 2014

Lt. Governor Wyman, Mr. Speaker, Senator Williams, Representative Cafero, Senator McKinney, distinguished legislators, thank you.

This is the fourth time I've had the privilege of addressing all of you on the closing night. Every year has presented its own unique set of challenges. While circumstances might change year to year, here's what has not changed: Every session, we have come together to tackle our most important challenges head on.

Over four years, we have worked tirelessly to enact policies that help create good paying jobs with good benefits for Connecticut residents.

This session, we passed a new minimum wage that will lift thousands of families out of poverty – many of those families lead by women. What we've done on the minimum wage – along with our efforts to implement and preserve the earned income tax credit – has made Connecticut a national leader in lifting people out of poverty.

I'm also proud that a mere four years ago – after a senior executive at United Technologies said he'd rather do business anywhere other than Connecticut – we now have a deal in place that will keep thousands of jobs at companies like Pratt & Whitney and Sikorsky for years and years to come.

And, while states across the country have cut school funding, we are increasing local education dollars for the fourth year in a row, with an emphasis on the districts that need our help the most.

We are seeing results.

Today, we learned that Connecticut 12th Graders rank number one in the nation in reading and math. And for the first time, there's a significant reduction in the achievement gap between black and white students.

That's at a time when statewide graduation rates went up 2. 1 percent in the last year.

But that's not all we did. We also took steps to make sure every child has access to early learning opportunities. This session we put Connecticut on a path to providing universal access to pre-kindergarten.

We also built on the important work we did last year to promote public safety and make critical investments in mental health services and school security.

Here's something else we did – for the fourth year in a row, we increased funding to our cities and towns. The funding we are sending back to our communities this year is already having an impact.

Just two days ago, Hartford announced they will hire an additional 30 police officers and keep local taxes in check because of the work that we did here, together.

Our continued commitment to cities and towns means that Connecticut – unlike other states – will not balance its books on the backs of local property taxpayers.

The budget we passed is balanced, puts the surplus into the rainy day fund, and makes necessary investments in the future of Connecticut families.

Like any legislative session, no one person here got everything they wanted this year. But the things we did get done together represent real change, and will benefit our state now, and for the long-term.

And for that, I want to thank you. Your jobs are not easy. You put in long hours and are pulled away from those you love. But you do it because you believe in public service, as I do.

To those of you not returning to the Capitol, let me thank you for your service, and wish you luck in the years to come. To lose so many of you, especially Senate President Don Williams, and Minority Leaders Cafero and McKinney, means this will be a very different place next year.

Don – you have been a friend and an ally. We have accomplished much together, and I thank you.

John – you have been willing to work across the aisle on some critically important issues, and I'm proud to have partnered with you as well.

And Larry – you've worked hard for your constituents, and you've fought tirelessly for what you believe.

On most of the major issues of our day, we were able to put politics aside and work together. Thank you. I can't know what will happen in the future, but I do know this – it is an honor to serve with all of you.

Our work is moving this state forward, and while there is still more work to do, the truth is we are making progress. We are making progress together.

Thank you. God bless you, God bless the United States of America, and God bless the great State of Connecticut.