JOURNAL OF THE HOUSE

Wednesday, May 7, 2008

The House of Representatives was called to order at 11: 04 o'clock a. m. , Speaker James A. Amann in the Chair.

Prayer was offered by the House Chaplain, Reverend Michael S. Galasso of Hartford, Connecticut.

The following is the prayer:

Let us pray. Almighty Father, look graciously upon us this, the last day of Session, as we come together to handle the many concerns of our people that have come forth from the various committees. Allow us the wisdom in handling these matters of urgency for the good of the State and her people. Amen.

The Pledge of Allegiance was led by Representative Donovan of the 84th District and Representative Cafero of the 142nd District.

The National Anthem was performed by Representative Heinrich of the 101st District.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

SENATE BILL PASSED

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

JUDICIARY. S. B. No. 694 (RAISED) (File No. 522) AN ACT CONCERNING ERASURE OF CRIMINAL RECORDS. (As amended by Senate Amendment Schedule "A").

The bill was explained by Representative Lawlor of the 99th who offered Senate Amendment Schedule "A" (LCO 5336 - designated on May 6, 2008) and moved its adoption.

The amendment was discussed by Representatives O'Neill of the 69th and Labriola of the 131st.

On a voice vote the amendment was adopted.

The Speaker ordered the vote be taken by roll call at 1: 13 p. m.

The following is the result of the vote:

Total Number Voting 147

Necessary for Passage 74

Those voting Yea 144

Those voting Nay 3

Those absent and not voting 4

On a roll call vote Senate Bill No. 694 as amended by Senate Amendment Schedule "A" was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

JANOWSKI

Y

    

SCHOFIELD

Y

    

GIBBONS

Y

    

ALDARONDO

Y

    

JARMOC

Y

    

SERRA

Y

    

GIEGLER

Y

    

ARESIMOWICZ

  

N

  

JOHNSTON

Y

    

SHAPIRO

Y

    

GIULIANO

Y

    

AYALA

Y

    

JUTILA

Y

    

SHARKEY

Y

    

GREENE, L.

Y

    

BACKER

Y

    

KEELEY

Y

    

SPALLONE

Y

    

HAMZY

Y

    

BARRY

Y

    

KEHOE

Y

    

STAPLES

Y

    

HARKINS

Y

    

BARTLETT

Y

    

LAWLOR

Y

    

STONE, C.

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

LEONE

Y

    

TABORSAK

Y

    

HOVEY

Y

    

BOUKUS

Y

    

LEWIS

Y

    

TALLARITA

Y

    

KALINOWSKI

Y

    

BUTLER

Y

    

MALONE

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

BYE

Y

    

MAZUREK

Y

    

THOMPSON

Y

    

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

MCCLUSKEY

Y

    

TONG

Y

    

MILLER

Y

    

CARUSO

Y

    

MCCRORY

Y

    

TRUGLIA

Y

    

MINER

Y

    

CHRIST

Y

    

MCMAHON

Y

    

URBAN

Y

    

NOUJAIM

Y

    

CHRISTIANO

Y

    

MEGNA

Y

    

VILLANO

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MERRILL

Y

    

WALKER

  

N

  

PERILLO

Y

    

DARGAN

Y

    

MIKUTEL

Y

    

WIDLITZ

  

N

  

PISCOPO

Y

    

DAVIS

Y

    

MIOLI

Y

    

WILBER

Y

    

POWERS

Y

    

DILLON

Y

    

MORIN

Y

    

WILLIS

Y

    

ROWE

Y

    

DONOVAN

Y

    

MORRIS

Y

    

WRIGHT

Y

    

RUWET

Y

    

DREW

Y

    

MOUKAWSHER

Y

    

ZALASKI

Y

    

RYAN, J.

Y

    

DYSON

Y

    

MUSHINSKY

        

Y

    

SAWYER

Y

    

ESPOSITO

Y

    

NAFIS

        

Y

    

SCRIBNER

Y

    

FAWCETT

Y

    

NARDELLO

Y

    

ADINOLFI

Y

    

STRIPP

   

X

FELTMAN

Y

    

NICASTRO

Y

    

ALBERTS

Y

    

WASSERMAN

Y

    

FLEISCHMANN

Y

    

O'BRIEN

Y

    

AMAN, W.

Y

    

WILLIAMS

Y

    

FONTANA

Y

    

O'CONNOR

Y

    

BACCHIOCHI

Y

    

WITKOS

Y

    

FOX

Y

    

OLSON

Y

    

BOUCHER

        

Y

    

GENGA

Y

    

ORANGE

Y

    

BURNS

        

Y

    

GENTILE

Y

    

O'ROURKE

Y

    

CAFERO

        

Y

    

GERAGOSIAN

Y

    

PANARONI

Y

    

CANDELORA, V.

Y

    

AMANN (SPKR)

Y

    

GONZALEZ

Y

    

PAWELKIEWICZ

Y

    

CARON

        

Y

    

GRAZIANI

Y

    

PERONE

Y

    

CARSON

        

Y

    

GREEN, K.

Y

    

REINOSO

Y

    

CHAPIN

Y

    

ALTOBELLO (DEP)

Y

    

GUERRERA

Y

    

REYNOLDS

Y

    

D'AMELIO

Y

    

FRITZ (DEP)

Y

    

HAMM

Y

    

RITTER

Y

    

DELGOBBO

Y

    

GIANNAROS (DEP)

Y

    

HEINRICH

Y

    

ROLDAN

Y

    

FAHRBACH

Y

    

GODFREY (DEP)

Y

    

HENNESSY

    

X

ROY

Y

    

FERRARI

Y

    

KIRKLEY-BEY (DEP)

Y

    

HEWETT

    

X

RYAN, K.

   

X

FLOREN

        

Y

    

HURLBURT

Y

    

SAYERS

Y

    

FREY

        

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

APPROPRIATIONS. Substitute for H. B. No. 5324 (RAISED) (File No. 228) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE STUDY OF REGIONAL PLANNING ORGANIZATIONS.

The bill was explained by Representative Wasserman of the 106th.

The bill was discussed by Representative Sharkey of the 88th who offered House Amendment Schedule "A" (LCO 5475) and moved its adoption.

The amendment was discussed by Representative Chapin of the 67th.

On a voice vote the amendment was adopted.

The following is House Amendment Schedule "A" (LCO 5475):

Strike sections 8 and 9 in their entirety and renumber the remaining sections and internal references accordingly

In line 415, strike "October 1,"

In line 416, strike "2011" and insert in lieu thereof "January 1, 2012"

In line 417, after "Management" insert ", within available appropriations,"

Strike lines 430 to 432, inclusive, in their entirety and insert the following in lieu thereof:

"(b) (1) The secretary shall, not later than January 1, 2012, notify the chief executive officer of each municipality located in a planning region in which the boundaries are proposed for redesignation. If the legislative body of the municipality objects to such proposed redesignation, the chief executive officer of the municipality may, not later than thirty days the date of receipt of the notice of redesignation, petition the secretary to attend a meeting of such legislative body. The petition shall specify the location, date and time of the meeting. The meeting shall be held not later than forty-five-days after the date of the petition. The secretary shall make a reasonable attempt to appear at the meeting, or at a meeting on another date within the forty-five-day period. If the secretary is unable to attend a meeting within the forty-five day period, the secretary and the chief executive officer of the municipality shall jointly schedule a date and time for the meeting, provided such meeting shall be held not later than one hundred twenty days after the date of the notice to the chief executive officer. At such meeting, the legislative body of the municipality shall inform the secretary of the objections to the proposed redesignation of the planning area boundaries. The secretary shall consider fully the oral and written objections of the legislative body and may redesignate the boundaries. Not later than forty-five-days after the date of the meeting, the secretary shall notify the chief executive officer of the determination concerning the proposed redesignation. The notice of determination shall include the reasons for such determination. As used in this subsection, "municipality" means a town, city or consolidated town and borough; "legislative body" means the board of selectmen, town council, city council, board of alderman, board of directors, board of representatives or board of the major and burgesses of a municipality; and "secretary" means the secretary or the designee of the secretary.

(2) Any revision to the boundaries of a planning area, based on the analysis completed pursuant to subsection (a) of this section or due to a modification by the secretary in accordance with this subsection, shall be effective on the first day of July following the date of completion such analysis or modification. "

Strike section 13 in its entirety and insert the following in lieu thereof:

"Sec. 13. Section 4-124s of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) For purposes of this section: [,]

(1) "[regional] Regional council of governments" means any such council organized under the provisions of sections 4-124i to 4-124p, inclusive; [,]

(2) "[regional] Regional council of elected officials" means any such council organized under the provisions of sections 4-124c to 4-124h, inclusive; [, and]

(3) "[regional] Regional planning agency" means an agency defined in chapter 127;

(4) "Municipality" means a town, city or consolidated town and borough;

(5) "Legislative body" means the board of selectmen, town council, city council, board of alderman, board of directors, board of representatives or board of the mayor and burgesses of a municipality; and

(6) "Secretary" means the Secretary of the Office of Policy and Management or the designee of the secretary.

(b) There is established a regional performance incentive program that shall be administered by the Secretary of the Office of Policy and Management. On or before December 1, 2007, [and annually thereafter,] any regional planning agency, any regional council of elected officials, any regional council of governments, or any combination thereof, may submit to said secretary a proposal for joint provision of a service or services that are currently provided by municipalities within the region of such agency or council or contiguous thereto, but not currently provided on a regional basis. [The proposal shall include such service or services which may increase the participating municipalities' purchasing power or provide a cost savings initiative resulting in a decrease in participating municipalities' expenses and lower property taxes. ] On or before December 31, 2008, and annually thereafter, any such entity may submit a proposal to the secretary for: (1) The joint provision of any service that one or more participating municipalities of such council or agency currently provide but which is not provided on a regional basis, or (2) a planning study regarding the joint provision of any service on a regional basis. A copy of said proposal shall be sent to the legislators representing said participating municipalities.

[(c) The proposal shall (1) describe at least one service currently provided by a municipality or municipalities within the region of the agency or council or contiguous thereto, but not currently provided on a regional basis, (2) provide a description of how such service would be delivered on a regional basis, including consideration of what entity would be responsible for such service, and how the population would continue to be served, (3) describe the amount and the manner in which the service will achieve economies of scale and the amount and manner in which each municipality will reduce its mill rate as a result of the savings realized by changing the municipal service to a regional service, (4) include a cost benefit analysis for the provision of such service by the municipality and by the council or agency, (5) set out a plan of implementation for such regional service, (6) estimate the savings that will be realized by each municipality, and (7) any other items requested by said secretary. Each proposal shall have attached to it (A) a resolution by the legislative body of each municipality affected by the proposal endorsing such proposal; and (B) certification by each such municipality that there are no legal obstacles to provision of services in the manner specified in the proposal including, but not limited to, binding arbitration. The proposal shall be submitted on a form prescribed by said secretary. Said secretary shall review all such proposals, and award grants to those that the secretary determines best meet the requirements of this subsection. In making such grants the secretary shall give priority to proposals presented by regional councils of government which include participation of at least fifty per cent of the member municipalities of such council. ]

(c) (1) An entity specified in subsection (a) of this section shall submit each proposal in the form and manner the secretary prescribes and shall, at a minimum, provide the following information for each proposal: (A) Service description; (B) the explanation of the need for such service; (C) the method of delivering such service on a regional basis; (D) the organization that would be responsible for regional service delivery; (E) a description of the population that would be served; (F) the manner in which regional service delivery will achieve economies of scale; (G) the amount by which participating municipalities will reduce their mill rates as a result of savings realized; (H) a cost benefit analysis for the provision of the service by each participating municipality and by the entity submitting the proposal; (I) a plan of implementation for delivery of the service on a regional basis; (J) a resolution endorsing such proposal approved by the legislative body of each participating municipality; and (K) an explanation of the potential legal obstacles, if any, to the regional provision of the service.

(2) The secretary shall review each proposal and shall award grants for proposals the secretary determines best meet the requirements of this section. In awarding such grants, the secretary shall give priority to a proposal submitted by any entity specified in subsection (a) of this section that includes participation of all of the member municipalities of such entity, and which may increase the purchasing power of such member municipalities or provide a cost savings initiative resulting in a decrease in expenses of such municipalities, allowing such municipalities to lower property taxes.

(d) [Not later than February 1, 2008, and annually thereafter, the] The secretary shall submit to the Governor and the joint standing committee of the General Assembly having cognizance of matters relating to finance, revenue and bonding a report on the grants provided pursuant to this section. Each such report shall include information on the amount of each grant, and the potential of each grant for leveraging other public and private investments. The secretary shall submit a report for the fiscal year commencing July 1, 2007, not later than February 1, 2008, and shall submit a report for each subsequent fiscal year not later than the first day of March in such fiscal year. "

The bill was discussed by Representative Sharkey of the 88th who offered House Amendment Schedule "B" (LCO 6295) and moved its adoption.

On a voice vote the amendment was adopted.

The following is House Amendment Schedule "B" (LCO 6295):

In line 584, after "year. " insert the following: "Such reports shall include the property tax reductions achieved by means of the program established pursuant to this section. "

The bill was further discussed by Representative Reynolds of the 42nd who offered House Amendment Schedule "C" (LCO 5640) and moved its adoption.

The amendment was discussed by Representatives Alberts of the 50th and Candelora of the 86th.

DEPUTY SPEAKER KIRKLEY-BEY IN THE CHAIR

The amendment was further discussed by Representative Powers of the 151st.

Representative Reynolds of the 42nd then withdrew House Amendment Schedule "C" (LCO 5640).

The Speaker ordered the vote be taken by roll call at 1: 44 p. m.

The following is the result of the vote:

Total Number Voting 150

Necessary for Passage 76

Those voting Yea 150

Those voting Nay 0

Those absent and not voting 1

On a roll call vote House Bill No. 5324 as amended by House Amendment Schedules "A" and "B" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

JANOWSKI

Y

    

SCHOFIELD

Y

    

GIBBONS

Y

    

ALDARONDO

Y

    

JARMOC

Y

    

SERRA

Y

    

GIEGLER

Y

    

ARESIMOWICZ

Y

    

JOHNSTON

Y

    

SHAPIRO

Y

    

GIULIANO

Y

    

AYALA

Y

    

JUTILA

Y

    

SHARKEY

Y

    

GREENE, L.

Y

    

BACKER

Y

    

KEELEY

Y

    

SPALLONE

Y

    

HAMZY

Y

    

BARRY

Y

    

KEHOE

Y

    

STAPLES

Y

    

HARKINS

Y

    

BARTLETT

Y

    

LAWLOR

Y

    

STONE, C.

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

LEONE

Y

    

TABORSAK

Y

    

HOVEY

Y

    

BOUKUS

Y

    

LEWIS

Y

    

TALLARITA

Y

    

KALINOWSKI

Y

    

BUTLER

Y

    

MALONE

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

BYE

Y

    

MAZUREK

Y

    

THOMPSON

Y

    

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

MCCLUSKEY

Y

    

TONG

Y

    

MILLER

Y

    

CARUSO

Y

    

MCCRORY

Y

    

TRUGLIA

Y

    

MINER

Y

    

CHRIST

Y

    

MCMAHON

Y

    

URBAN

Y

    

NOUJAIM

Y

    

CHRISTIANO

Y

    

MEGNA

Y

    

VILLANO

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MERRILL

Y

    

WALKER

Y

    

PERILLO

Y

    

DARGAN

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

PISCOPO

Y

    

DAVIS

Y

    

MIOLI

    

X

WILBER

Y

    

POWERS

Y

    

DILLON

Y

    

MORIN

Y

    

WILLIS

Y

    

ROWE

Y

    

DONOVAN

Y

    

MORRIS

Y

    

WRIGHT

Y

    

RUWET

Y

    

DREW

Y

    

MOUKAWSHER

Y

    

ZALASKI

Y

    

RYAN, J.

Y

    

DYSON

Y

    

MUSHINSKY

        

Y

    

SAWYER

Y

    

ESPOSITO

Y

    

NAFIS

        

Y

    

SCRIBNER

Y

    

FAWCETT

Y

    

NARDELLO

Y

    

ADINOLFI

Y

    

STRIPP

Y

    

FELTMAN

Y

    

NICASTRO

Y

    

ALBERTS

Y

    

WASSERMAN

Y

    

FLEISCHMANN

Y

    

O'BRIEN

Y

    

AMAN, W.

Y

    

WILLIAMS

Y

    

FONTANA

Y

    

O'CONNOR

Y

    

BACCHIOCHI

Y

    

WITKOS

Y

    

FOX

Y

    

OLSON

Y

    

BOUCHER

        

Y

    

GENGA

Y

    

ORANGE

Y

    

BURNS

        

Y

    

GENTILE

Y

    

O'ROURKE

Y

    

CAFERO

        

Y

    

GERAGOSIAN

Y

    

PANARONI

Y

    

CANDELORA, V.

Y

    

AMANN (SPKR)

Y

    

GONZALEZ

Y

    

PAWELKIEWICZ

Y

    

CARON

        

Y

    

GRAZIANI

Y

    

PERONE

Y

    

CARSON

        

Y

    

GREEN, K.

Y

    

REINOSO

Y

    

CHAPIN

Y

    

ALTOBELLO (DEP)