JOURNAL OF THE HOUSE

Monday, June 1, 2009

The House of Representatives was called to order at 11: 28 o'clock a. m. , Speaker Christopher G. Donovan in the Chair.

Prayer was offered by Assistant Chaplain, Reverend Garland D. Higgins of West Hartford, Connecticut.

The following is the prayer:

Let us pray. Almighty God, thank You for the work that You have purposed for us to do this day. May we find gladness in all its toil and difficulty, its pleasure and success, and even in its failure and sorrow. Let us always look away from ourselves and behold the glory and the needs of this State. We continue now to trust in Your goodness and provision. For You are a God who hears, answers and acts on our behalf out of the abundance of Your eternal love. We offer You, our guider and protector, the praise of work well done. Amen.

The Pledge of Allegiance was led by Representative Miller of the 145th 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.

APPROPRIATIONS. Substitute for S. B. No. 735 (COMM) (File Nos. 394 and 970) AN ACT IMPROVING BICYCLE AND PEDESTRIAN ACCESS. (As amended by Senate Amendment Schedule "A").

The bill was explained by Representative Kehoe of the 31st.

The bill was discussed by Representative Hetherington of the 125th.

The bill was further discussed by Representative Kehoe of the 31st who offered Senate Amendment Schedule "A" (LCO 7907) and moved its adoption.

The amendment was discussed by Representatives Scribner of the 107th and Candelora of the 86th.

DEPUTY SPEAKER ALTOBELLO IN THE CHAIR

The amendment was further discussed by Representatives Gibbons of the 150th, Noujaim of the 74th, Miller of the 122nd, Alberts of the 50th, Miner of the 66th, Hovey of the 112th, Aman of the 14th, Hetherington of the 125th and Sawyer of the 55th.

On a voice vote the amendment was adopted.

The bill was further discussed by Representative O'Neill of the 69th who offered House Amendment Schedule "A" (LCO 8981) moved its adoption and further moved that when the vote be taken it be taken by roll call.

The amendment was discussed by Representatives Sawyer of the 55th, Kehoe of the 31st, Noujaim of the 74th, Miner of the 66th, Hetherington of the 125th, Piscopo of the 76th, Carson of the 108th and Coutu of the 47th.

The Speaker ordered the vote be taken by roll call at 1: 56 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Adoption 72

Those voting Yea 37

Those voting Nay 106

Those absent and not voting 8

On a roll call vote the amendment was rejected.

The following is the roll call vote:

 

N

  

ABERCROMBIE

  

N

  

HEINRICH

  

N

  

REYNOLDS

Y

    

FLOREN

 

N

  

ALDARONDO

  

N

  

HENNESSY

  

N

  

RITTER

Y

    

FREY

 

N

  

ARESIMOWICZ

  

N

  

HEWETT

  

N

  

ROBLES

Y

    

GIBBONS

 

N

  

AYALA

    

X

HOLDER-WINFIELD

  

N

  

ROJAS

Y

    

GIEGLER

 

N

  

BACKER

  

N

  

HORNISH

  

N

  

ROLDAN

Y

    

GIULIANO

 

N

  

BARAM

  

N

  

HURLBURT

  

N

  

ROY

Y

    

HAMZY

 

N

  

BARRY

  

N

  

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

 

N

  

BARTLETT

  

N

  

JARMOC

  

N

  

SANTIAGO

Y

    

HETHERINGTON

 

N

  

BERGER

  

N

  

JOHNSON, S.

 

N

  

SAYERS

Y

    

HOVEY

 

N

  

BOUKUS

Y

    

JOHNSTON, S. T.

 

N

  

SCHOFIELD

Y

    

HWANG

   

X

BUTLER

  

N

  

JUTILA

  

N

  

SERRA

Y

    

KLARIDES

 

N

  

BYE

  

N

  

KEHOE

  

N

  

SHAPIRO

Y

    

LABRIOLA

 

N

  

CANDELARIA, J.

 

N

  

LAMBERT

  

N

  

SHARKEY

Y

    

LEGEYT

 

N

  

CARUSO

  

N

  

LARSON

  

N

  

SPALLONE

Y

    

MILLER, L.

   

X

CLEMONS

    

X

LAWLOR

  

N

  

STAPLES

Y

    

MINER

 

N

  

CONROY

  

N

  

LEONE

  

N

  

TABORSAK

  

N

  

NOUJAIM

 

N

  

CONWAY

  

N

  

LESSER

  

N

  

TALLARITA

Y

    

O'NEILL

 

N

  

COOK

  

N

  

LEWIS

  

N

  

TERCYAK

Y

    

PERILLO

 

N

  

DARGAN

  

N

  

LYDDY

  

N

  

THOMPSON

Y

    

PISCOPO

 

N

  

DAVIS

    

X

MAZUREK

  

N

  

TONG

Y

    

REBIMBAS

 

N

  

DILLON

    

X

MCCRORY

  

N

  

URBAN

    

X

RIGBY

 

N

  

DREW

  

N

  

MEGNA

  

N

  

VILLANO

Y

    

ROWE

 

N

  

ESPOSITO

  

N

  

MERRILL

  

N

  

WALKER

Y

    

SAWYER

 

N

  

ESTY

  

N

  

MIKUTEL

  

N

  

WIDLITZ

Y

    

SCRIBNER

 

N

  

FAWCETT

  

N

  

MILLER, P.

 

N

  

WILLIS

Y

    

STRIPP

 

N

  

FLEISCHMANN

  

N

  

MIOLI

  

N

  

WRIGHT, C.

Y

    

WILLIAMS

 

N

  

FLEXER

  

N

  

MORIN

  

N

  

WRIGHT, E.

Y

    

WOOD

 

N

  

FONTANA

  

N

  

MORRIS

  

N

  

ZALASKI

        
 

N

  

FOX

  

N

  

MOUKAWSHER

                
 

N

  

FRITZ

  

N

  

MUSHINSKY

                
 

N

  

GENGA

  

N

  

NAFIS

Y

    

ALBERTS

        
 

N

  

GENTILE

  

N

  

NARDELLO

Y

    

AMAN, W.

 

N

  

DONOVAN (SPKR)

 

N

  

GERAGOSIAN

  

N

  

NICASTRO

Y

    

BACCHIOCHI

        
 

N

  

GIANNAROS

  

N

  

O'BRIEN

Y

    

CAFERO

        
 

N

  

GONZALEZ

  

N

  

O'CONNOR

Y

    

CAMILLO

        
 

N

  

GRAZIANI

  

N

  

OLSON

Y

    

CANDELORA, V.

 

N

  

ALTOBELLO (DEP)

   

X

GREEN, K.

 

N

  

O'ROURKE

Y

    

CARSON

  

N

  

GODFREY (DEP)

 

N

  

GROGINS

  

N

  

PERONE

Y

    

CHAPIN

  

N

  

KIRKLEY-BEY (DEP)

 

N

  

GUERRERA

  

N

  

REED

Y

    

COUTU

  

N

  

MCCLUSKEY (DEP)

 

N

  

HAMM

  

N

  

REEVES

Y

    

D'AMELIO

  

N

  

ORANGE (DEP)

The following is House Amendment Schedule "A" (LCO 8981):

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

"Sec. 501. (NEW) (Effective from passage) Any municipality with a population of less than thirty thousand shall be exempt from the provisions of sections 1 to 3, inclusive, of this act. "

The bill was further discussed by Representatives Thompson of the 13th, Noujaim of the 74th and Candelora of the 86th.

The Speaker ordered the vote be taken by roll call at 2: 16 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Passage 72

Those voting Yea 123

Those voting Nay 20

Those absent and not voting 8

On a roll call vote Senate Bill No. 735 as amended by Senate Amendment Schedule "A" was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEINRICH

Y

    

REYNOLDS

Y

    

FLOREN

Y

    

ALDARONDO

Y

    

HENNESSY

Y

    

RITTER

  

N

  

FREY

Y

    

ARESIMOWICZ

Y

    

HEWETT

Y

    

ROBLES

Y

    

GIBBONS

Y

    

AYALA

    

X

HOLDER-WINFIELD

Y

    

ROJAS

Y

    

GIEGLER

Y

    

BACKER

Y

    

HORNISH

Y

    

ROLDAN

Y

    

GIULIANO

Y

    

BARAM

Y

    

HURLBURT

Y

    

ROY

  

N

  

HAMZY

Y

    

BARRY

Y

    

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

Y

    

BARTLETT

Y

    

JARMOC

Y

    

SANTIAGO

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

JOHNSON, S.

Y

    

SAYERS

Y

    

HOVEY

Y

    

BOUKUS

  

N

  

JOHNSTON, S. T.

Y

    

SCHOFIELD

Y

    

HWANG

   

X

BUTLER

Y

    

JUTILA

Y

    

SERRA

Y

    

KLARIDES

Y

    

BYE

Y

    

KEHOE

Y

    

SHAPIRO

  

N

  

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

LAMBERT

Y

    

SHARKEY

  

N

  

LEGEYT

Y

    

CARUSO

Y

    

LARSON

Y

    

SPALLONE

Y

    

MILLER, L.

   

X

CLEMONS

    

X

LAWLOR

Y

    

STAPLES

  

N

  

MINER

Y

    

CONROY

Y

    

LEONE

Y

    

TABORSAK

  

N

  

NOUJAIM

Y

    

CONWAY

Y

    

LESSER

Y

    

TALLARITA

  

N

  

O'NEILL

Y

    

COOK

Y

    

LEWIS

Y

    

TERCYAK

Y

    

PERILLO

Y

    

DARGAN

Y

    

LYDDY

Y

    

THOMPSON

  

N

  

PISCOPO

Y

    

DAVIS

    

X

MAZUREK

Y

    

TONG

Y

    

REBIMBAS

Y

    

DILLON

    

X

MCCRORY

Y

    

URBAN

    

X

RIGBY

Y

    

DREW

Y

    

MEGNA

Y

    

VILLANO

  

N

  

ROWE

Y

    

ESPOSITO

Y

    

MERRILL

Y

    

WALKER

  

N

  

SAWYER

Y

    

ESTY

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

SCRIBNER

Y

    

FAWCETT

Y

    

MILLER, P.

Y

    

WILLIS

  

N

  

STRIPP

Y

    

FLEISCHMANN

Y

    

MIOLI

Y

    

WRIGHT, C.

 

N

  

WILLIAMS

Y

    

FLEXER

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

WOOD

Y

    

FONTANA

Y

    

MORRIS

Y

    

ZALASKI

        

Y

    

FOX

Y

    

MOUKAWSHER

                

Y

    

FRITZ

Y

    

MUSHINSKY

                

Y

    

GENGA

Y

    

NAFIS

  

N

  

ALBERTS

        

Y

    

GENTILE

Y

    

NARDELLO

Y

    

AMAN, W.

Y

    

DONOVAN (SPKR)

Y

    

GERAGOSIAN

Y

    

NICASTRO

  

N

  

BACCHIOCHI

        

Y

    

GIANNAROS

Y

    

O'BRIEN

Y

    

CAFERO

        

Y

    

GONZALEZ

Y

    

O'CONNOR

Y

    

CAMILLO

        

Y

    

GRAZIANI

Y

    

OLSON

  

N

  

CANDELORA, V.

Y

    

ALTOBELLO (DEP)

   

X

GREEN, K.

Y

    

O'ROURKE

  

N

  

CARSON

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

PERONE

  

N

  

CHAPIN

Y

    

KIRKLEY-BEY (DEP)

Y

    

GUERRERA

Y

    

REED

  

N

  

COUTU

Y

    

MCCLUSKEY (DEP)

Y

    

HAMM

Y

    

REEVES

  

N

  

D'AMELIO

Y

    

ORANGE (DEP)

DEPUTY SPEAKER GODFREY IN THE CHAIR

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. 6486 (RAISED) (File No. 451) AN ACT CONCERNING RESPONSIBLE FATHERHOOD AND STRONG FAMILIES.

The bill was explained by Representative Morris of the 140th who offered House Amendment Schedule "A" (LCO 8599) and moved its adoption.

The amendment was discussed by Representative Hovey of the 112th.

On a voice vote the amendment was adopted.

The following is House Amendment Schedule "A" (LCO 8599):

In line 24, after "shall" insert ", within available resources,"

In line 28, strike "number of"

Strike line 29 in its entirety

In line 30, strike "(5)" and insert in lieu thereof "(4)"

In line 33, after "shall" insert ", within available resources,"

In line 51, strike "and"

In line 53, after "organizations" insert "; and (3) consult with experts in domestic violence to ensure that, when appropriate, the programs and services described in subsections (c) and (d) of this section address issues concerning domestic violence"

Strike section 2 in its entirety and renumber the remaining sections and internal references accordingly

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

"Sec. 501. (NEW) (Effective October 1, 2009) (a) In all IV-D support cases, family support magistrates shall have the authority to enter an order for the obligor's participation in an educational, training, skill-building, work, rehabilitation or other similar program, provided the family support magistrate finds that such an order will significantly increase the obligor's ability to fulfill the duty of support within a reasonable period of time. When such an order is entered, the family support magistrate shall also enter an order regarding the reporting of the obligor's compliance with such program.

(b) Upon motion and after hearing, a family support magistrate may suspend payment of a specified support order, in whole or in part, or elect not to impose or order specified court-based enforcement actions, provided the obligor is participating in a program described in subsection (a) of this section.

(c) On or before July 1, 2010, and on or before July 1, 2011, the Chief Court Administrator shall submit the reports of the Problem Solving in Family Matters Committee of the judicial branch detailing such committee's findings to the joint standing committee of the General Assembly having cognizance of matters relating to human services and the select committee of the General Assembly having cognizance of matters relating to children in accordance with section 11-4a of the general statutes. "

The bill was discussed by Representatives Morris of the 140th, Hovey of the 112th, Mioli of the 136th and Mikutel of the 45th.

The Speaker ordered the vote be taken by roll call at 2: 28 p. m.

The following is the result of the vote:

Total Number Voting 142

Necessary for Passage 72

Those voting Yea 142

Those voting Nay 0

Those absent and not voting 9

On a roll call vote House Bill No. 6486 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEINRICH

Y

    

REYNOLDS

Y

    

FLOREN

Y

    

ALDARONDO

Y

    

HENNESSY

Y

    

RITTER

Y

    

FREY

Y

    

ARESIMOWICZ

Y

    

HEWETT

    

X

ROBLES

Y

    

GIBBONS

Y

    

AYALA

    

X

HOLDER-WINFIELD

Y

    

ROJAS

Y

    

GIEGLER

Y

    

BACKER

Y

    

HORNISH

Y

    

ROLDAN

Y

    

GIULIANO

Y

    

BARAM

Y

    

HURLBURT

    

X

ROY

Y

    

HAMZY

Y

    

BARRY

Y

    

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

Y

    

BARTLETT

Y

    

JARMOC

Y

    

SANTIAGO

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

JOHNSON, S.

Y

    

SAYERS

Y

    

HOVEY

Y

    

BOUKUS

Y

    

JOHNSTON, S. T.

Y

    

SCHOFIELD

Y

    

HWANG

Y

    

BUTLER

Y

    

JUTILA

Y

    

SERRA

Y

    

KLARIDES

Y

    

BYE

Y

    

KEHOE

Y

    

SHAPIRO

Y

    

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

LAMBERT

Y

    

SHARKEY

Y

    

LEGEYT

Y

    

CARUSO

Y

    

LARSON

Y

    

SPALLONE

Y

    

MILLER, L.

   

X

CLEMONS

    

X

LAWLOR

Y

    

STAPLES

Y

    

MINER

Y

    

CONROY

Y

    

LEONE

Y

    

TABORSAK

Y

    

NOUJAIM

Y

    

CONWAY

Y

    

LESSER

Y

    

TALLARITA

Y

    

O'NEILL

Y

    

COOK

Y

    

LEWIS

Y

    

TERCYAK

Y

    

PERILLO

Y

    

DARGAN

Y

    

LYDDY

Y

    

THOMPSON

Y

    

PISCOPO

Y

    

DAVIS

    

X

MAZUREK

Y

    

TONG

Y

    

REBIMBAS

Y

    

DILLON

    

X

MCCRORY

Y

    

URBAN

    

X

RIGBY

Y

    

DREW

Y

    

MEGNA

Y

    

VILLANO

Y

    

ROWE

Y

    

ESPOSITO

Y

    

MERRILL

Y

    

WALKER

Y

    

SAWYER

Y

    

ESTY

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

SCRIBNER

Y

    

FAWCETT

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

STRIPP

Y

    

FLEISCHMANN

Y

    

MIOLI

Y

    

WRIGHT, C.

Y

    

WILLIAMS

Y

    

FLEXER

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

WOOD

Y

    

FONTANA

Y

    

MORRIS

Y

    

ZALASKI

        

Y

    

FOX

Y

    

MOUKAWSHER

                

Y

    

FRITZ

Y

    

MUSHINSKY

                

Y

    

GENGA

Y

    

NAFIS

Y

    

ALBERTS

        

Y

    

GENTILE

Y

    

NARDELLO

Y

    

AMAN, W.

Y

    

DONOVAN (SPKR)

Y

    

GERAGOSIAN

Y

    

NICASTRO

Y

    

BACCHIOCHI

        

Y

    

GIANNAROS

Y

    

O'BRIEN

Y

    

CAFERO

        

Y

    

GONZALEZ

Y

    

O'CONNOR

Y

    

CAMILLO

        

Y

    

GRAZIANI

Y

    

OLSON

Y

    

CANDELORA, V.

Y

    

ALTOBELLO (DEP)

   

X

GREEN, K.

Y

    

O'ROURKE

Y

    

CARSON

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

PERONE

Y

    

CHAPIN

Y

    

KIRKLEY-BEY (DEP)

Y

    

GUERRERA

Y

    

REED

Y

    

COUTU

Y

    

MCCLUSKEY (DEP)

Y

    

HAMM

Y

    

REEVES

Y

    

D'AMELIO

Y

    

ORANGE (DEP)

DEPUTY SPEAKER ALTOBELLO IN THE CHAIR

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.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. S. B. No. 795 (RAISED) (File No. 351) AN ACT CONCERNING HIGHER EDUCATION. (As amended by Senate Amendment Schedule "A").

The bill was explained by Representative Willis of the 64th who offered Senate Amendment Schedule "A" (LCO 8357) and moved its adoption.

The amendment was discussed by Representatives Graziani of the 57th and Sawyer of the 55th.

On a voice vote the amendment was adopted.

The Speaker ordered the vote be taken by roll call at 2: 45 p. m.

The following is the result of the vote:

Total Number Voting 144

Necessary for Passage 73

Those voting Yea 144

Those voting Nay 0

Those absent and not voting 7

On a roll call vote Senate Bill No. 795 as amended by Senate Amendment Schedule "A" was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEINRICH

Y

    

REYNOLDS

Y

    

FLOREN

Y

    

ALDARONDO

Y

    

HENNESSY

Y

    

RITTER

Y

    

FREY

Y

    

ARESIMOWICZ

Y

    

HEWETT

    

X

ROBLES

Y

    

GIBBONS

Y

    

AYALA

    

X

HOLDER-WINFIELD

Y

    

ROJAS

Y

    

GIEGLER

Y

    

BACKER

Y

    

HORNISH

Y

    

ROLDAN

Y

    

GIULIANO

Y

    

BARAM

Y

    

HURLBURT

Y

    

ROY

Y

    

HAMZY

Y

    

BARRY

Y

    

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

Y

    

BARTLETT

Y

    

JARMOC

Y

    

SANTIAGO

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

JOHNSON, S.

Y

    

SAYERS

Y

    

HOVEY

   

X

BOUKUS

Y

    

JOHNSTON, S. T.

Y

    

SCHOFIELD

Y

    

HWANG

Y

    

BUTLER

Y

    

JUTILA

Y

    

SERRA

Y

    

KLARIDES

Y

    

BYE

Y

    

KEHOE

Y

    

SHAPIRO

Y

    

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

LAMBERT

Y

    

SHARKEY

Y

    

LEGEYT

Y

    

CARUSO

Y

    

LARSON

Y

    

SPALLONE

Y

    

MILLER, L.

   

X

CLEMONS

    

X

LAWLOR

Y

    

STAPLES

Y

    

MINER

Y

    

CONROY

Y

    

LEONE

Y

    

TABORSAK

Y

    

NOUJAIM

Y

    

CONWAY

Y

    

LESSER

Y

    

TALLARITA

Y

    

O'NEILL

Y

    

COOK

Y

    

LEWIS

Y

    

TERCYAK

Y

    

PERILLO

Y

    

DARGAN

Y

    

LYDDY

Y

    

THOMPSON

Y

    

PISCOPO

Y

    

DAVIS

    

X

MAZUREK

Y

    

TONG

Y

    

REBIMBAS

Y

    

DILLON

Y

    

MCCRORY

Y

    

URBAN

Y

    

RIGBY

Y

    

DREW

Y

    

MEGNA

Y

    

VILLANO

Y

    

ROWE

Y

    

ESPOSITO

Y

    

MERRILL

Y

    

WALKER

Y

    

SAWYER

Y

    

ESTY

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

SCRIBNER

Y

    

FAWCETT

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

STRIPP

Y

    

FLEISCHMANN

Y

    

MIOLI

Y

    

WRIGHT, C.

Y

    

WILLIAMS

Y

    

FLEXER

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

WOOD

Y

    

FONTANA

Y

    

MORRIS

Y

    

ZALASKI

        

Y

    

FOX

Y

    

MOUKAWSHER

                

Y

    

FRITZ

Y

    

MUSHINSKY

                

Y

    

GENGA

Y

    

NAFIS

Y

    

ALBERTS

        

Y

    

GENTILE

Y

    

NARDELLO

Y

    

AMAN, W.

Y

    

DONOVAN (SPKR)

Y

    

GERAGOSIAN

Y

    

NICASTRO

Y

    

BACCHIOCHI

        

Y

    

GIANNAROS

Y

    

O'BRIEN

Y

    

CAFERO

        

Y

    

GONZALEZ

Y

    

O'CONNOR

Y

    

CAMILLO

        

Y

    

GRAZIANI

Y

    

OLSON

Y

    

CANDELORA, V.

Y

    

ALTOBELLO (DEP)

   

X

GREEN, K.

Y

    

O'ROURKE

Y

    

CARSON

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

PERONE

Y

    

CHAPIN

Y

    

KIRKLEY-BEY (DEP)

Y

    

GUERRERA

Y

    

REED

Y

    

COUTU

Y

    

MCCLUSKEY (DEP)

Y

    

HAMM

Y

    

REEVES

Y

    

D'AMELIO

Y

    

ORANGE (DEP)

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. 6649 (RAISED) (File Nos. 401 and 941) AN ACT CONCERNING THE PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF TRANSPORTATION.

The bill was explained by Representative Guerrera of the 29th who offered House Amendment Schedule "A" (LCO 8901) and moved its adoption.

The amendment was discussed by Representatives Scribner of the 107th and Miner of the 66th.

On a voice vote the amendment was adopted.

The following is House Amendment Schedule "A" (LCO 8901):

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

"Section 1. Section 13b-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The [commissioner] Commissioner of Transportation shall keep a record of all proceedings and orders pertaining to the matters under [his] said commissioner's direction and copies of all plans, specifications and estimates submitted to [him] said commissioner. Said commissioner shall furnish to any court in this state without charge certified copies of any document or record pertaining to the operation of the department, and any certified document or record of the commissioner, attested as a true copy by the commissioner, the [Deputy Commissioner of Transportation] deputy commissioner, the chief engineer of the department, or any deputy commissioner for an operating bureau, shall be competent evidence in any court of this state of the facts [therein] contained in such document or record. The commissioner may delegate to the [Deputy Commissioner of Transportation] deputy commissioner, the chief engineer, and the deputy commissioners for operating bureaus, the authority to sign any agreement, contract, document or instrument which [he] the commissioner is authorized to sign and any such signature shall be binding and valid.

(b) The Executive Director of the State Traffic Commission may certify copies of any document or record pertaining to the operation of the State Traffic Commission, and any certified document or record of said commission, attested as a true copy by said executive director, shall be competent evidence in any court of this state of the facts contained in such document or record.

Sec. 2. Section 13b-20g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Whenever there is a need to engage a consultant, the Commissioner of Transportation shall notify all firms that are prequalified in accordance with section 13b-20e in the category of services being sought by the department. If the prequalified list contains fewer than five consulting firms or does not include the area of expertise required by the department, the commissioner shall publish a notice in appropriate professional magazines, professional newsletters [and newspapers] or on-line professional web sites, indicating the general scope of the assignment and requesting responses in accordance with subsection (b) of section 13b-20e, and at least once in one or more newspapers having a circulation in each county of the state. Responses shall be received at the Department of Transportation not later than fourteen days after the last date on which the notice is published, unless additional time is specifically authorized by the commissioner, or not later than any specific date set forth in such notice. For certain specialized projects the notice may also solicit a full work proposal in addition to the technical qualifications of a firm.

Sec. 3. Section 13a-85b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

[(a) The Commissioner of Transportation shall not sell, or use in any manner that is incompatible with transportation purposes, the existing right-of-way acquired for potential use as the Route 7 limited access highway from Danbury to Norwalk. ] Should any properties situated within [said] the existing right-of-way acquired for potential use as a limited access highway from Danbury to Norwalk which are not currently owned by the Department of Transportation be offered for sale to the state, the [commissioner] Commissioner of Transportation may, within available funds, acquire said properties upon terms and conditions which are equitable to both the property owner and the state. The commissioner may, within available funds, acquire any properties not currently owned by the Department of Transportation that are situated within such right-of-way when such properties come onto the market for sale and if such purchase would (1) alleviate particular hardship to a property owner, on his request, in contrast to others because of an inability to sell his property; or (2) prevent imminent development and increased costs of a parcel which would tend to limit the choice of highway alternatives.

[(b) The Commissioner of Transportation shall not sell, or use in any manner that is incompatible with transportation purposes, any property currently under his control in Danbury adjacent to Route 7 and south of Wooster Heights Road. ]

Sec. 4. (NEW) (Effective from passage) The Department of Transportation shall not begin any phase of the project for the demolition of the parking garage at the Stamford Transportation Center unless the Department of Transportation makes alternative parking spaces available in the vicinity of the Stamford Transportation Center before such phase of the project for such demolition begins. The number of such alternative parking spaces shall equal or exceed the number of parking spaces to be lost by such phase of the project for such demolition.

Sec. 5. (Effective from passage) The Department of Transportation, within available appropriations, may conduct a study to determine the feasibility of providing commuter bus service for suburban residents from commuter parking lots to the Bridgeport Train Station via Route 8 and Housatonic Avenue and shall submit a report of its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Transportation, in accordance with the provisions of section 11-4a of the general statutes, on or before February 1, 2010.

Sec. 6. (Effective from passage) The Department of Transportation shall submit copies of reports required pursuant to the American Recovery and Reinvestment Act of 2009, P. L. 111-5, to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

Sec. 7. Section 7-329a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any town may, by vote of its legislative body, establish a port district which shall embrace such town. The affairs of any such district shall be administered by a port authority, comprising not fewer than five nor more than seven members. The members of any such authority shall be appointed by the chief executive of the town and shall serve for such term as the legislative body may prescribe and until their successors are appointed and have qualified. Vacancies shall be filled by the chief executive for the unexpired portion of the term. The members of each such board shall serve without compensation, except for necessary expenses. The jurisdiction of a port authority shall not extend to matters relating to the licensure of pilots, the safe conduct of vessels, the protection of the ports and waters of the state and all other matters set forth in chapter 263 which are under the authority of the Department of Transportation.  In addition the jurisdiction of a port authority shall not extend to matters relating to (1) a solid waste facility, as defined in subdivision (4) of section 22a-207, (2) a recycling facility, as defined in subdivision (8) of section 22a-207, (3) the building of a paper mill or a paper recycling facility, or (4) the Connecticut Resources Recovery Authority.

(b) No town shall (1) terminate or reorganize a port district established by such town pursuant to subsection (a) of this section or a port authority appointed by such chief elected official pursuant to subsection (a) of this section, (2) modify the duties or powers of such port authority, or (3) modify the property included in such port district, without the written consent of the Commissioner of Transportation.

Sec. 8. (NEW) (Effective October 1, 2009) (a) The Department of Transportation shall consult with the Connecticut Center for Advanced Technology, Inc. to develop a plan to implement zero-emissions buses state-wide. Such plan shall include the technological, facility and financial arrangements needed for such a conversion of bus fleets as well as identifying specific locations for hydrogen refueling stations along state highways or at locations that could potentially be utilized by state fleets or other public or private-sector fleets. This shall be part of a larger collaborative effort between the Department of Transportation and the Connecticut Center for Advanced Technology, Inc. to identify strategies to expand the availability and use of hydrogen fuel and renewable energy sources within any such corridor or around such a centralized fleet fueling location. Said plan shall be completed within available appropriated funds designated for the purpose of studying or designing clean fuel or alternative fuel solutions.

(b) Said plan shall be completed and submitted to the joint standing committees of the General Assembly having cognizance of matters relating to energy, environment and transportation not later than December 31, 2010, subject to the availability of study funds from readily available and already appropriated sources of funding.

(c) Such hydrogen refueling stations identified in the plan shall provide fuel for zero emissions vehicles at appropriate pressures and volumes identified by Connecticut Center for Advanced Technology, Inc. The study shall consider technologies for generating hydrogen which will use products principally manufactured and assembled in the state.

(d) The plan shall also examine appropriate available funding from the state or federal government for purchasing zero-emissions buses and constructing any recommended hydrogen fueling facilities from funds designated for the purpose of encouraging clean fuel or alternative fuel use. Any funding plans developed within the study for the establishment of zero-emissions bus fleets and hydrogen refueling corridors or centralized fueling facilities shall be provided in a manner to encourage federal and private cost sharing.

Sec. 9. (NEW) (Effective from passage) (a) As used in this section: (1) "Eligible owner" means an owner described in section 13a-80 of the general statutes who (A) retained residency on the property for a period of ten years or more following the date on which the state notified such owner that the property was to be obtained by the state for highway purposes, (B) was notified that such property is not needed by the Department of Transportation for highway purposes, and (C) failed to negotiate the purchase of property pursuant to section 13a-80 of the general statutes, and (2) "property" means any land and buildings owned by the state and obtained for or in connection with highway purposes or for the efficient accomplishment of such purposes or formerly used for highway purposes, which real property is not required for such purposes, and is subject to the provisions of section 30a-80 of the general statutes.

(b) On or before January 1, 2010, the Commissioner of Public Works, or said commissioner's designee, the Commissioner of the Department of Environmental Protection, or said commissioner's designee, and the Secretary of the Office of Policy and Management, or said secretary's designee, in conjunction with the State Properties Review Board, shall serve as mediators for the purpose of conducting mediations pursuant to this section. All persons serving as mediators shall have mediation training and experience in real estate transactions and real estate valuation.

(c) Notwithstanding the provisions of section 13a-80 of the general statutes, if the Department of Transportation and an eligible owner are unable to negotiate the purchase of the property pursuant to said section 13a-80, the eligible owner or such owner's designee may, on or after January 1, 2010, submit a written request for mediation to the State Properties Review Board. Upon receipt by the board of such request, said board shall notify the Commissioner of Transportation, or said commissioner's designee, of such request and shall convene the individuals serving pursuant to subsection (b) of this section to mediate the purchase of property from the state by the eligible owner. The topics to be mediated shall be limited to the value of the property and the purchase price. The costs of the mediation shall be borne equally by the eligible owner and the state.

(d) Upon assignment by the State Properties Review Board to conduct mediation, a person assigned as mediator shall contact the eligible owner, or such owner's designee, and the Commissioner of Transportation, or said commissioner's designee, to schedule the mediation. Such mediation shall be scheduled and completed within ninety days following the State Properties Review Board's receipt of the request for mediation from the eligible owner.

(e) Within thirty days following completion of such mediation, the mediators shall submit to the legislative committees having cognizance of matters pertaining to transportation and government administration, for approval, a written summary of the agreement reached in the mediation. The committees shall approve or disapprove such agreement during a joint meeting conducted during a regular session of the General Assembly.

(f) If the agreement is approved, the eligible owner shall have fifteen days in which to sign a purchase agreement for the purchase of the property from the state. If the agreement is disapproved or if no purchase agreement is signed by the eligible owner within fifteen days following the expiration of the comment period, the state shall dispose of the property as provided in subsection (e) of section 13a-80 of the general statutes.

Sec. 10. Section 13b-96 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) Each person, association, limited liability company or corporation owning or operating a taxicab is declared a common carrier and subject to the jurisdiction of the Department of Transportation. The Commissioner of Transportation is authorized to prescribe adequate service and reasonable rates and charges. The commissioner may adopt regulations, in accordance with chapter 54 for the purpose of establishing fares, service, operation and equipment as it deems necessary for the convenience, protection and safety of passengers and the public. [Notwithstanding the provisions of this subsection and any regulation adopted under this subsection relative to any wheel base requirement, any sedan or station wagon type vehicle powered by a clean alternative fuel and having a wheel base of not less than one hundred two inches may be used to provide taxicab service. ]

(b) The rates and charges established pursuant to subsection (a) of this section shall not apply to any person, association, or corporation (1) operating a taxicab engaged in the transportation of passengers for hire pursuant to a contract with, or a lower tier contract for, any federal, state or municipal agency, (2) certified pursuant to section 13b-97 prior to May 22, 1998, and (3) registered pursuant to section 13b-99 prior to May 22, 1998.

(c) Notwithstanding the provisions of subsection (a) of this section or any regulation adopted pursuant to said subsection (a) concerning wheelchair accessibility requirements for motor vehicles, any motor vehicle in compliance with the provisions of the Americans with Disabilities Act 42 USC 12101 and the registration requirements of the Connecticut Department of Motor Vehicles may be used to provide taxicab service for persons requiring such wheelchair accessibility.

(d) Notwithstanding the provisions of subsection (a) of this section or any regulation adopted pursuant to said subsection (a) concerning wheel base requirements, any sedan or station wagon type vehicle powered by a clean alternative fuel and having a wheel base of not less than one hundred two inches may be used to provide taxicab service.

Sec. 11. Section 14-262a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

A wrecker, as defined in section 14-1 and operated in accordance with section 14-66, may tow or haul a [motor] vehicle or combination of vehicles, without regard to the limitations of length contained in section 14-262. [, if such vehicle was involved in an accident or became disabled and remains within the limits of a highway, or is being towed or hauled by order of a traffic or law enforcement authority, from a highway to the nearest licensed repair facility or motor carrier terminal of such vehicle, where such vehicle can be properly repaired, but not more than twenty-five miles] A wrecker that has been issued an annual permit pursuant to section 14-270, as amended by this act, may tow or haul a motor vehicle or combination of vehicles in excess of the gross combination weight limits prescribed by section 14-267a from any highway if such vehicle (1) was involved in an accident, (2) became disabled and remains within the limits of a highway, or (3) is being towed or hauled by order of a traffic or law enforcement authority, to the nearest licensed repair facility or motor carrier terminal of such vehicle. All other towing operations with a gross combination vehicle weight in excess of those defined in section 14-267a shall require a single trip permit as defined in section 14-270, as amended by this act. Violation of any provision of this section shall be an infraction.

Sec. 12. (Effective from passage) (a) Boy Scout Troop 24 of East Lyme may operate an annual Labor Day weekend coffee stop, at the Waterford Weigh Station on Interstate 95 southbound, in accordance with the provisions of this section and any public health and safety standards or requirements established by the Division of State Police of the Department of Public Safety, the Department of Motor Vehicles or the Department of Transportation.

(b) The coffee stop may operate during each day of Labor Day weekend, for twenty-four hours, if adequate adult supervision is provided during all such hours of operation. Adult leaders of Boy Scout Troop 24 shall submit to the Commissioner of Transportation, annually, at least thirty days before Labor Day weekend, a schedule of coffee stop hours of operation during each day of such weekend, and a roster of adult supervision to be provided during each such hour.

(c) The Commissioner of Transportation shall review the schedule and roster submitted pursuant to subsection (b) of this section to determine if adequate adult supervision will be provided and may require, in said commissioner's discretion, the provision of additional adult supervision. If such additional adult supervision is not provided, the commissioner may prohibit the use of the Waterford Weigh Station for the operation of such Labor Day weekend coffee stop.

Sec. 13. (Effective from passage) The Department of Transportation shall develop, within existing budgetary resources, an analysis conducted by persons employed by the department concerning the potential impact of the establishment of electronic tolls on Connecticut highways. Such analysis shall consider: (1) Legal prohibitions or constraints, including, but not limited to, liability issues and state and federal constitutional issues; and (2) financial issues including potential revenue to be generated, potential funding lost or risked, including federal funds, and any constraints on the revenue received. In completing this analysis, the commissioner may consult with the office of the Attorney General and shall submit the results of such analysis to the General Assembly, in accordance with the provisions of section 11-4a of the general statutes, not later than December 31, 2010.

Sec. 14. (Effective from passage) Bridge number 00431 on Route 4 in Farmington overpassing the Farmington River shall be designated the "Vincent DiPietro Memorial Bridge".

Sec. 15. (Effective from passage) The name of the Route 411 bridge in Rocky Hill shall be changed from "John L. Levitow Memorial Bridge" to "John L. Levitow, S/Sgt. U. S. Air Force and Medal of Honor Recipient Memorial Bridge".

Sec. 16. (Effective from passage) Route 130 in Stratford from the Bridgeport city line to Elm Street shall be designated the "Rev. Dr. William O. Johnson Memorial Highway".

Sec. 17. (Effective from passage) A segment of Route 309 in Simsbury from Sugar Loaf Cut running in an easterly direction to the junction of Route 167 shall be designated the "Sergeant Felix M. Del Greco, Jr. Memorial Highway".

Sec. 18. (Effective from passage) From the beginning of Bridge number 03830 in North Haven overpassing Route 40 to Route 5 (State Street) shall be designated the "Amvets Post No. 9 Memorial Highway".

Sec. 19. (Effective from passage) Route 364 in Southington from the intersection of Route 120 easterly to East Street shall be designated the "Officer Timothy Foley Memorial Highway".

Sec. 20. (Effective from passage) Route 66 in East Hampton shall be designated the "Governor William A. O'Neill Memorial Highway".

Sec. 21. (Effective from passage) The segment of Route 337 in New Haven from Myron Street to Beecher Place shall be designated the "Julia 'Nana' Coppola Memorial Highway".

Sec. 22. (Effective from passage) Bridge number 00608 on Route 8 northbound and bridge number 00609 southbound over the Naugatuck River shall be designated the "Trooper James Savage Memorial Bridge".

Sec. 23. (Effective from passage) The segment of Route 22 in North Branford known as Notch Hill Road, between Route 1 at the intersection of the Branford, Guilford and North Branford town lines, to Route 80, Foxon Road, in North Branford shall be designated the "Beverly D. Tulli Memorial Highway".

Sec. 24. (Effective from passage) The segment of Route 82 in Salem between Route 85 and Route 11 shall be designated the "Officer H. David Cordell Memorial Highway".

Sec. 25. (Effective from passage) Bridge number 01697 on Route 2 eastbound overpassing Route 94 in Glastonbury shall be designated the "Marine Sgt. David Coullard Memorial Bridge".

Sec. 26. (Effective from passage) Route 30 from the junction of Routes 30 and 83 in Vernon easterly to the Vernon/Tolland town line shall be designated the "Captain Patrick Reeves Memorial Highway".

Sec. 27. (Effective from passage) The section of Route 4 in Farmington, running in an easterly direction from Route 10 to the junction of State Road 508 shall be designated the "Colonel Everett H. Kandarian Memorial Highway".

Sec. 28. (Effective from passage) The Department of Transportation shall place informational signs at Exit 37 on Interstate 91 for the Antique Radio Museum.

Sec. 29. (Effective from passage) The Department of Transportation shall place a sign in an appropriate location on Interstate 95, northbound and southbound, indicating the location of the Connecticut River Museum in Essex.

Sec. 30. (Effective from passage) The Department of Transportation shall install "tourist destination" directional signs on Route 1, northbound and southbound, and Route 156, southbound, for Veterans Memorial Green in Waterford, at the intersection of Route 1 and Route 156.

Sec. 31. (Effective from passage) The Department of Transportation shall install signs on Interstate 84 in Southbury at exit 15 eastbound and westbound for the "Connecticut Antiques Trail".

Sec. 32. (Effective from passage) Bridge number 00838 on Route 195 in Tolland overpassing Interstate 84 shall be designated the "Gary M. Passaro Memorial Bridge".

Sec. 33. (Effective from passage) Bridge number 01432B on Interstate 291 eastbound in South Windsor shall be designated the "South Windsor Patriotic Commission Memorial Bridge".

Sec. 34. (Effective from passage) Route 4 in Torrington between Route 118 and Route 202 shall be designated the "Francis J. Oneglia Memorial Highway".

Sec. 35. (Effective from passage) Bridge number 00043 on Interstate 95 northbound and southbound overpassing Route 1 in Darien shall be designated the "Speaker R. E. Van Norstrand Memorial Bridge".

Sec. 36. (Effective from passage) Bridge number 00443 on Route 5 overpassing Route 190 in Enfield shall be designated the "LTC Robert Albert "Hitchcock" Burnham Memorial Bridge".

Sec. 37. (Effective from passage) Bridge number 04247 on High Street and the GTI Railroad overpassing Route 72 in New Britain shall be designated the "Captain Brian S. Letendre Memorial Bridge".

Sec. 38. (Effective from passage) Bridge number 3096 on Interstate 91 overpassing Route 80 in New Haven shall be designated the "Officer Daniel P. Picagli Memorial Bridge".

Sec. 39. (Effective from passage) Route 33 from the junction of Route 136 in the Town of Westport to the Wilton/Ridgefield town line shall be designated the "Fallen Heroes Highway".

Sec. 40. (Effective from passage) The Department of Transportation shall place informational signs on Route 3 in Rocky Hill at the corners of Brook Street and Cromwell Avenue for "Compass Point".

Sec. 41. (Effective from passage) The Department of Transportation shall install a sign at exit 48 northbound on Interstate 91 in Enfield indicating the location of "Our Lady of Mount Carmel Society".

Sec. 42. (Effective from passage) The Department of Transportation shall erect a sign at Exit 37 on Route 8 southbound in Watertown indicating the location of the "Watertown Business Park".

Sec. 43. (Effective from passage) Bridge number 04180 on Interstate 84 westbound overpassing the Housatonic River in Southbury and Newtown shall be designated the "Lt. Thomas F. Carney Memorial Bridge".

Sec. 44. (Effective from passage) The Department of Transportation shall install signage on Route 9 indicating to traffic over the Arrigoni Bridge the location of the "Brownstone Discovery Park".

Sec. 45. (Effective from passage) Bridge number 03929 overpassing Route 7 in Brookfield shall be designated the "Petty Officer 1st Class Dale Lewis Memorial Bridge".

Sec. 46. (Effective from passage) Route 133 in Brookfield from the intersection of Route 7 and Route 202 easterly to Route 25 shall be designated the "Joseph Baker Memorial Highway".

Sec. 47. (Effective from passage) The segment of Route 202 from the northbound exit of Route 7 north to the intersection of the Route 7 bypass north in Brookfield shall be designated the "Kenneth Keller Memorial Highway".

Sec. 48. (Effective from passage) Route 133 in Brookfield from Route 25 easterly to Bridge number 01343 shall be designated the "Hon. B. Scott Santa Maria Memorial Highway".

Sec. 49. (Effective from passage) Route 161 in East Lyme running in a northerly direction from Route 156 to the underpass of Interstate 95 shall be designated the "Warrant Officer Corps Memorial Highway".

Sec. 50. (Effective from passage) Bridge number 06065 over the Norwalk River, on Route 7 in Norwalk, shall be designated the "Robert Mugford Memorial Bridge".

Sec. 51. Section 29 of public act 08-101 is amended to read as follows (Effective from passage):

Bridge number [3485] 1743 A & B in the town of West Hartford, on Interstate 84 overpassing [Woodruff Road] SR 535, Ridgewood Road, shall be designated the "Firefighter Patrick L. Brooks Memorial Bridge".

Sec 52. Section 3 of special act 96-10 is amended to read as follows (Effective from passage):

The bridge over the Yantic River on Route 2 eastbound in Norwich shall be named the [Thomas F. Sweeney Bridge] "Thomas F. Sweeney Memorial Bridge".

Sec. 53. Section 13a-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) [The commissioner, whenever in his] Whenever, in the opinion of the Commissioner of Transportation the same is necessary, said commissioner shall on any state highway, and may on any town highway, erect and maintain suitable warning and directional signs for the guidance of persons traveling thereon and may erect and maintain traffic control signals, devices, signs and markings on state highways, as approved by the State Traffic Commission. All of such signs and devices shall conform to the specifications of the manual of uniform traffic control devices as approved and revised by the State Traffic Commission.

(b) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, that set forth the criteria used for the designation of control cities in accordance with the standards established by the American Association of State Highway and Transportation Officials.

Sec. 54. Subsection (a) of section 14-270 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Transportation or other authority having charge of the repair or maintenance of any highway or bridge is authorized to grant permits for transporting vehicles or combinations of vehicles or vehicles and load, or other objects not conforming to the provisions of sections 14-98, 14-262, 14-262a, amended by this act, 14-264, 14-267a and 14-269 but, in the case of motor vehicles, only the Commissioner of Transportation shall be authorized to issue such permits. Such permits shall be written, and may limit the highways or bridges which may be used, the time of such use and the maximum rate of speed at which such vehicles or objects may be operated, and may contain any other condition considered necessary by the authority granting the same, provided the Department of Transportation shall not suffer any loss of revenue granted or to be granted from any agency or department of the federal government for the federal interstate highway system or any other highway system.

Sec. 55. Section 1 of substitute senate bill 735 of the current session is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(a) For the purposes of this section:

(1) "Department" means the Department of Transportation;

(2) "Funds" means any funds from the Special Transportation Fund, bond allocations and any other source that is available for the construction, maintenance and repair of roads in this state;

(3) "User" means a motorist, transit user, pedestrian or bicyclist;

(4) "Bikeway" means any road, street, path or way which in some manner is specifically designated for bicycle travel, including the provision of a bicycle lane, regardless of whether such facility is designated for the exclusive use of bicycles or is to be shared with other modes of transportation; and

(5) "Total project cost" means the cost of the entire corridor plan project.

(b) Accommodations for all users shall be a routine part of the planning, design, construction and operating activities of all highways, as defined in section 14-1 of the general statutes, in this state.

(c) From funds received by the department or any municipality for the construction, restoration, rehabilitation or relocation of highways, roads or streets, a reasonable amount shall be expended to provide facilities for all users, including, but not limited to, bikeways and sidewalks with appropriate curb cuts and ramps. On and after October 1, 2010, not less than one per cent of the total amount of any such funds received in any fiscal year shall be so expended. The department or municipality shall take future transit expansion plans into account where appropriate. Notwithstanding the provisions of this subsection, such provisions shall not apply in the event of a state or municipal transportation emergency.

(d) [The] Accommodations pursuant to subsection (b) of this section and the provision of facilities pursuant to subsection (c) of this section shall not be required if the Commissioner of Transportation or a municipal legislative body determines, with respect to a highway, road or street that: (1) Nonmotorized usage is prohibited; (2) there is a demonstrated absence of need; (3) the accommodation of all users would be an excessively expensive component of the total project cost; or (4) the accommodation of all users is not consistent with the state's or such municipality's, respectively, program of construction, maintenance and repair.

Sec. 56. (Effective from passage) Route 116 in Ridgefield from North Street to Maple Shade Road shall be designated the "Ridgefield Veterans Memorial Highway".

Sec. 57. (Effective from passage) The overpass bridge of Interstate 95 in East Norwalk shall be designated the "Donald F. Reid Memorial Bridge".

Sec. 58. Section 13 of public act 06-133 is repealed. (Effective from passage)"

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

Section 1

from passage

13b-20

Sec. 2

from passage

13b-20g

Sec. 3

July 1, 2009

13a-85b

Sec. 4

from passage

New section

Sec. 5

from passage

New section

Sec. 6

from passage

New section

Sec. 7

from passage

7-329a

Sec. 8

October 1, 2009

New section

Sec. 9

from passage

New section

Sec. 10

October 1, 2009

13b-96

Sec. 11

from passage

14-262a

Sec. 12

from passage

New section

Sec. 13

from passage

New section

Sec. 14

from passage

New section

Sec. 15

from passage

New section

Sec. 16

from passage

New section

Sec. 17

from passage

New section

Sec. 18

from passage

New section

Sec. 19

from passage

New section

Sec. 20

from passage

New section

Sec. 21

from passage

New section

Sec. 22

from passage

New section

Sec. 23

from passage

New section

Sec. 24

from passage

New section

Sec. 25

from passage

New section

Sec. 26

from passage

New section

Sec. 27

from passage

New section

Sec. 28

from passage

New section

Sec. 29

from passage

New section

Sec. 30

from passage

New section

Sec. 31

from passage

New section

Sec. 32

from passage

New section

Sec. 33

from passage

New section

Sec. 34

from passage

New section

Sec. 35

from passage

New section

Sec. 36

from passage

New section

Sec. 37

from passage

New section

Sec. 38

from passage

New section

Sec. 39

from passage

New section

Sec. 40

from passage

New section

Sec. 41

from passage

New section

Sec. 42

from passage

New section

Sec. 43

from passage

New section

Sec. 44

from passage

New section

Sec. 45

from passage

New section

Sec. 46

from passage

New section

Sec. 47

from passage

New section

Sec. 48

from passage

New section

Sec. 49

from passage

New section

Sec. 50

from passage

New section

Sec. 51

from passage

PA 08-101, Sec. 29

Sec 52

from passage

New section

Sec. 53

July 1, 2009

13a-119

Sec. 54

from passage

14-270(a)

Sec. 55

July 1, 2009

SB 735 (current session), Sec. 1

Sec. 56

from passage

New section

Sec. 57

from passage

New section

Sec. 58

from passage

Repealer section

The bill was discussed by Representative Cafero of the 142nd.

The Speaker ordered the vote be taken by roll call at 2: 55 p. m.

The following is the result of the vote:

Total Number Voting 145

Necessary for Passage 73

Those voting Yea 143

Those voting Nay 2

Those absent and not voting 6

On a roll call vote House Bill No. 6649 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEINRICH

Y

    

REYNOLDS

Y

    

FLOREN

Y

    

ALDARONDO

Y

    

HENNESSY

Y

    

RITTER

Y

    

FREY

Y

    

ARESIMOWICZ

Y

    

HEWETT

    

X

ROBLES

Y

    

GIBBONS

Y

    

AYALA

    

X

HOLDER-WINFIELD

Y

    

ROJAS

Y

    

GIEGLER

Y

    

BACKER

Y

    

HORNISH

Y

    

ROLDAN

Y

    

GIULIANO

Y

    

BARAM

Y

    

HURLBURT

Y

    

ROY

Y

    

HAMZY

Y

    

BARRY

Y

    

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

Y

    

BARTLETT

Y

    

JARMOC

Y

    

SANTIAGO

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

JOHNSON, S.

Y

    

SAYERS

Y

    

HOVEY

Y

    

BOUKUS

Y

    

JOHNSTON, S. T.

Y

    

SCHOFIELD

Y

    

HWANG

Y

    

BUTLER

Y

    

JUTILA

Y

    

SERRA

Y

    

KLARIDES

Y

    

BYE

Y

    

KEHOE

Y

    

SHAPIRO

Y

    

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

LAMBERT

Y

    

SHARKEY

Y

    

LEGEYT

Y

    

CARUSO

Y

    

LARSON

Y

    

SPALLONE

Y

    

MILLER, L.

Y

    

CLEMONS

    

X

LAWLOR

Y

    

STAPLES

Y

    

MINER

Y

    

CONROY

Y

    

LEONE

Y

    

TABORSAK

Y

    

NOUJAIM

Y

    

CONWAY

Y

    

LESSER

Y

    

TALLARITA

Y

    

O'NEILL

Y

    

COOK

Y

    

LEWIS

Y

    

TERCYAK

Y

    

PERILLO

Y

    

DARGAN

Y

    

LYDDY

Y

    

THOMPSON

Y

    

PISCOPO

Y

    

DAVIS

    

X

MAZUREK

Y

    

TONG

Y

    

REBIMBAS

Y

    

DILLON

Y

    

MCCRORY

Y

    

URBAN

Y

    

RIGBY

Y

    

DREW

Y

    

MEGNA

Y

    

VILLANO

Y

    

ROWE

Y

    

ESPOSITO

Y

    

MERRILL

Y

    

WALKER

Y

    

SAWYER

Y

    

ESTY

Y

    

MIKUTEL

  

N

  

WIDLITZ

Y

    

SCRIBNER

Y

    

FAWCETT

Y

    

MILLER, P.

 

N

  

WILLIS

Y

    

STRIPP

Y

    

FLEISCHMANN

Y

    

MIOLI

Y

    

WRIGHT, C.

Y

    

WILLIAMS

Y

    

FLEXER

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

WOOD

Y

    

FONTANA

Y

    

MORRIS

Y

    

ZALASKI

        

Y

    

FOX

Y

    

MOUKAWSHER

                

Y

    

FRITZ

Y

    

MUSHINSKY

                

Y

    

GENGA

Y

    

NAFIS

Y

    

ALBERTS

        

Y

    

GENTILE

Y

    

NARDELLO

Y

    

AMAN, W.

Y

    

DONOVAN (SPKR)

   

X

GERAGOSIAN

Y

    

NICASTRO

Y

    

BACCHIOCHI

        

Y

    

GIANNAROS

Y

    

O'BRIEN

Y

    

CAFERO

        

Y

    

GONZALEZ

Y

    

O'CONNOR

Y

    

CAMILLO

        

Y

    

GRAZIANI

Y

    

OLSON

Y

    

CANDELORA, V.

Y

    

ALTOBELLO (DEP)

   

X

GREEN, K.

Y

    

O'ROURKE

Y

    

CARSON

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

PERONE

Y

    

CHAPIN

Y

    

KIRKLEY-BEY (DEP)

Y

    

GUERRERA

Y

    

REED

Y

    

COUTU

Y

    

MCCLUSKEY (DEP)

Y

    

HAMM

Y

    

REEVES

Y

    

D'AMELIO

Y

    

ORANGE (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

HOUSE BILL PASSED TEMPORARILY

JUDICIARY. Substitute for H. B. No. 6625 (RAISED) (File No. 745) AN ACT CONCERNING THE COURTS OF PROBATE.

The bill was explained by Representative Fox of the 146th who offered House Amendment Schedule "A" (LCO 8889) and moved its adoption.

The amendment was discussed by Representative O'Neill of the 69th.

On a voice vote the amendment was adopted.

The following is House Amendment Schedule "A" (LCO 8889):

Strike sections 1 to 5, inclusive, in their entirety, substitute the following in lieu thereof and renumber the remaining sections and internal references accordingly:

"Section 1. Section 45a-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) The town or towns comprising each probate district shall provide court facilities meeting the minimum standards required by this section. If a probate district consists of more than one town, the expense shall be allocated to the towns in such proportion as the towns may determine by agreement or, in the absence of such agreement, in proportion to their grand lists last perfected. Such court facilities shall include: (1) Office space appropriate for the conduct of judicial business, including (A) a room for the judge of probate sufficient in size for ordinary matters in which judicial proceedings may be conducted in private, (B) a separate room for the court staff, and (C) on a prearranged basis, access to a larger hearing room for the conduct of unusually large court hearings; (2) furniture and furnishings appropriate to a court facility; (3) use and maintenance of a copying machine and the necessary supplies; (4) use and maintenance of court record systems and equipment, including such record books and electronic, digital, microfilming or similar systems required to maintain, provide access to and produce court records, and the necessary supplies for such systems, equipment and records; (5) the necessary stationery, postage and other related supplies in order that the court may properly carry out its duties; (6) typing equipment with which to complete the necessary records; (7) basic telephone service, which shall include all local calls; (8) if a court is computerized, a dedicated telephone line and maintenance of the computer equipment; and (9) adequate liability, fire, loss, theft and replacement insurance on the furniture, furnishings, equipment, court facilities and the records of the court.

(b) If a town or towns comprising a probate district and the responsible municipal official or officials within such probate district fail to provide the court facilities required by subsection (a) of this section, the Probate Court Administrator shall offer in writing to meet with the judge of probate of the district and the responsible official or officials to discuss such court facilities. After discussion and consideration of the circumstances of the court operations, the Probate Court Administrator may waive or modify the application of a particular requirement of subsection (a) of this section for court facilities.

(c) If suitable court facilities are not provided in accordance with subsection (a) or (b) of this section: (1) The Probate Court Administrator shall provide written notice, by first class mail, to the judge of probate of the district and the chief executive officer of the town in which the court is located, on or before October first of any year in which suitable court facilities are not so provided. Such notice shall specify the requirements of subsection (a) or (b) of this section that are not met and shall direct the submission of a plan as required by this subdivision. Not later than January first of the year following the year in which such notice is provided, such chief executive officer, or his or her representative, shall file with the Probate Court Administrator a plan and time frame for meeting such requirements and providing suitable court facilities; (2) not later than February first of the year following the year in which notice is provided under subdivision (1) of this section, the Probate Court Administrator shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary concerning the failure of the probate district to provide the required court facilities, which report may include a recommendation that the probate district be abolished as a separate district and be consolidated with a contiguous district where suitable court facilities can be provided; or (3) if, in the opinion of the Probate Court Administrator, abolition of the district is not in the public interest and judicial action is necessary to enforce the provision of suitable court facilities, the Probate Court Administrator shall bring an action in the Superior Court to enforce the requirements for the provision of suitable court facilities.

(d) Any town located in a probate district that desires to (1) consolidate such probate district with one or more districts, (2) be removed from such probate district to a separate district established for any such town, or (3) be located in another probate district, may, by resolution of its legislative body, petition the General Assembly for such consolidation, separation and creation of a new probate district or relocation. The Probate Court Administrator shall provide such assistance in the preparation of the petition as the officials of the town or towns may request. At the time of submission of a petition to the General Assembly, a copy of the petition shall be sent to the judges of probate in the probate districts to be affected. No probate district may be consolidated with another district until the expiration of the term of office of any probate judge in an affected probate district.

(e) Each judge of probate shall provide suitable records and supplies, in accordance with subsection (a) of this section, for the court in the judge's district. The judge of probate shall cause a complete record to be made of all orders passed by such court and of all wills, inventories, distributions, accounts, bonds and returns made to or lodged with such court. The expense of records, microfilming or the equipment to produce records, and of supplies which the judge deems necessary, shall be paid, upon the order of the judge, by the town or towns composing the district in such proportion as the towns may determine by agreement or, in the absence of such agreement, in proportion to their grand lists last perfected.

(f) When the Probate Court Administrator, by regulation, requires that the courts of probate use specified forms, education materials, supplies or equipment not otherwise required by this section, they shall be furnished by the Probate Court Administrator and the expense paid from the Probate Court Administration Fund established under section 45a-82.

Sec. 2. (NEW) (Effective October 1, 2009) Whenever, in any court of probate, a recording of the proceedings is not required to be made pursuant to any other provision of statute, upon the written request of a party or a party's attorney, the judge of probate shall cause a recording to be made of the proceedings. A proceeding in which a recording has been made pursuant to this section shall not be deemed to be a hearing on the record for the purposes of section 45a-186a of the general statutes, or a matter heard on the record for the purposes of section 45a-186b of the general statutes. The cost of any copy or transcript of such recording shall be charged against the person requesting it. Any recording under this section shall be made and retained in a manner approved by the Probate Court Administrator. "

The bill was discussed by Representatives Miner of the 66th who offered House Amendment Schedule "B" (LCO 8141) and moved its adoption.

Representative Merrill of the 54th District moved to pass over the matter temporarily.

On a voice vote the motion carried and House Bill No. 6625 as amended by House Amendment Schedule "A" was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

SENATE BILLS PASSED

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

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 1048 (RAISED) (File No. 545) AN ACT CONCERNING BULK PURCHASING OF PRESCRIPTION DRUGS. (As amended by Senate Amendment Schedules "A" and "B").

The bill was explained by Representative Ritter of the 38th who offered Senate Amendment Schedule "A" (LCO 7586) and moved its adoption.

On a voice vote the amendment was adopted.

The bill was discussed by Representative Ritter of the 38th who offered Senate Amendment Schedule "B" (LCO 8431) and moved its adoption.

On a voice vote the amendment was adopted.

The bill was further discussed by Representative Ritter of the 38th who offered House Amendment Schedule "A" (LCO 8722) and moved its adoption.

Representative Gibbons of the 150th raised a Point of Order that the amendment was not germane.

Representative Gibbons of the 150th then withdrew the Point of Order.

On a voice vote the amendment was adopted.

The following is House Amendment Schedule "A" (LCO 8722):

Strike sections 501 and 503 in their entirety and renumber the remaining sections and internal references accordingly.

The bill was further discussed by Representatives Ritter of the 38th, Giegler of the 138th, Klarides of the 114th, Gibbons of the 150th, Miner of the 66th and Candelora of the 86th.

The Speaker ordered the vote be taken by roll call at 3: 55 p. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Passage 74

Those voting Yea 129

Those voting Nay 17

Those absent and not voting 5

On a roll call vote Senate Bill No. 1048 as amended by Senate Amendment Schedules "A" and "B" and House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEINRICH

Y

    

REYNOLDS

  

N

  

FLOREN

   

X

ALDARONDO

Y

    

HENNESSY

Y

    

RITTER

Y

    

FREY

Y

    

ARESIMOWICZ

Y

    

HEWETT

Y

    

ROBLES

  

N

  

GIBBONS

Y

    

AYALA

Y

    

HOLDER-WINFIELD

Y

    

ROJAS

  

N

  

GIEGLER

Y

    

BACKER

Y

    

HORNISH

Y

    

ROLDAN

Y

    

GIULIANO

Y

    

BARAM

Y

    

HURLBURT

Y

    

ROY

  

N

  

HAMZY

Y

    

BARRY

  

N

  

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

Y

    

BARTLETT

Y

    

JARMOC

Y

    

SANTIAGO

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

JOHNSON, S.

Y

    

SAYERS

Y

    

HOVEY

Y

    

BOUKUS

Y

    

JOHNSTON, S. T.

Y

    

SCHOFIELD

Y

    

HWANG

Y

    

BUTLER

Y

    

JUTILA

Y

    

SERRA

Y

    

KLARIDES

Y

    

BYE

Y

    

KEHOE

Y

    

SHAPIRO

  

N

  

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

LAMBERT

Y

    

SHARKEY

Y

    

LEGEYT

Y

    

CARUSO

Y

    

LARSON

Y

    

SPALLONE

  

N

  

MILLER, L.

Y

    

CLEMONS

    

X

LAWLOR

Y

    

STAPLES

Y

    

MINER

Y

    

CONROY

Y

    

LEONE

Y

    

TABORSAK

  

N

  

NOUJAIM

Y

    

CONWAY

Y

    

LESSER

Y

    

TALLARITA

Y

    

O'NEILL

Y

    

COOK

Y

    

LEWIS

Y

    

TERCYAK

Y

    

PERILLO

Y

    

DARGAN

Y

    

LYDDY

Y

    

THOMPSON

  

N

  

PISCOPO

Y

    

DAVIS

Y

    

MAZUREK

Y

    

TONG

Y

    

REBIMBAS

Y

    

DILLON

Y

    

MCCRORY

Y

    

URBAN

Y

    

RIGBY

Y

    

DREW

Y

    

MEGNA

Y

    

VILLANO

  

N

  

ROWE

Y

    

ESPOSITO

Y

    

MERRILL

Y

    

WALKER

  

N

  

SAWYER

Y

    

ESTY

Y

    

MIKUTEL

Y

    

WIDLITZ

  

N

  

SCRIBNER

Y

    

FAWCETT

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

STRIPP

Y

    

FLEISCHMANN

    

X

MIOLI

Y

    

WRIGHT, C.

 

N

  

WILLIAMS

Y

    

FLEXER

Y

    

MORIN

Y

    

WRIGHT, E.

 

N

  

WOOD

Y

    

FONTANA

Y

    

MORRIS

Y

    

ZALASKI

        

Y

    

FOX

Y

    

MOUKAWSHER

                

Y

    

FRITZ

Y

    

MUSHINSKY

                

Y

    

GENGA

Y

    

NAFIS

  

N

  

ALBERTS

        

Y

    

GENTILE

Y

    

NARDELLO

Y

    

AMAN, W.

Y

    

DONOVAN (SPKR)

   

X

GERAGOSIAN

Y

    

NICASTRO

Y

    

BACCHIOCHI

        

Y

    

GIANNAROS

Y

    

O'BRIEN

Y

    

CAFERO

        

Y

    

GONZALEZ

Y

    

O'CONNOR

  

N

  

CAMILLO

        

Y

    

GRAZIANI

Y

    

OLSON

Y

    

CANDELORA, V.

Y

    

ALTOBELLO (DEP)

   

X

GREEN, K.

Y

    

O'ROURKE

Y

    

CARSON

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

PERONE

Y

    

CHAPIN

Y

    

KIRKLEY-BEY (DEP)

Y

    

GUERRERA

Y

    

REED

Y

    

COUTU

Y

    

MCCLUSKEY (DEP)

Y

    

HAMM

Y

    

REEVES

  

N

  

D'AMELIO

Y

    

ORANGE (DEP)

DEPUTY SPEAKER ORANGE IN THE CHAIR

JUDICIARY. Substitute for S. B. No. 897 (RAISED) (File No. 52) AN ACT CONCERNING TIME SHARES. (As amended by Senate Amendment Schedules "A" and "B").

The bill was explained by Representative Fontana of the 87th who offered Senate Amendment Schedule "A" (LCO 5763) and moved its adoption.

On a voice vote the amendment was adopted.

The bill was discussed by Representative Fontana of the 87th who offered Senate Amendment Schedule "B" (LCO 7912) and moved its adoption.

On a voice vote the amendment was adopted.

The bill was further discussed by Representatives Fontana of the 87th and D'Amelio of the 71st.

The Speaker ordered the vote be taken by roll call at 4: 07 p. m.

The following is the result of the vote:

Total Number Voting 147

Necessary for Passage 74

Those voting Yea 147

Those voting Nay 0

Those absent and not voting 4

On a roll call vote Senate Bill No. 897 as amended by Senate Amendment Schedules "A" and "B" was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEINRICH

Y

    

REYNOLDS

Y

    

FLOREN

Y

    

ALDARONDO

Y

    

HENNESSY

Y

    

RITTER

Y

    

FREY

Y

    

ARESIMOWICZ

    

X

HEWETT

Y

    

ROBLES

Y

    

GIBBONS

Y

    

AYALA

Y

    

HOLDER-WINFIELD

Y

    

ROJAS

Y

    

GIEGLER

Y

    

BACKER

Y

    

HORNISH

Y

    

ROLDAN

Y

    

GIULIANO

Y

    

BARAM

Y

    

HURLBURT

Y

    

ROY

Y

    

HAMZY

Y

    

BARRY

Y

    

JANOWSKI

Y

    

RYAN, K.

Y

    

HARKINS

Y

    

BARTLETT

Y

    

JARMOC

Y

    

SANTIAGO

Y

    

HETHERINGTON

Y

    

BERGER

Y

    

JOHNSON, S.

Y

    

SAYERS

Y

    

HOVEY

Y

    

BOUKUS

Y

    

JOHNSTON, S. T.

Y

    

SCHOFIELD

Y

    

HWANG

Y

    

BUTLER

Y

    

JUTILA

Y

    

SERRA

Y

    

KLARIDES

Y

    

BYE

Y

    

KEHOE

Y

    

SHAPIRO

Y

    

LABRIOLA

Y

    

CANDELARIA, J.

Y

    

LAMBERT

Y

    

SHARKEY

Y

    

LEGEYT

Y

    

CARUSO

Y

    

LARSON

Y

    

SPALLONE

Y

    

MILLER, L.

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