JOURNAL OF THE HOUSE

Wednesday, April 25, 2012

The House of Representatives was called to order at 11: 14 o'clock a. m. , Speaker Christopher G. Donovan in the Chair.

Prayer was offered by Deputy Chaplain, Rabbi Craig Marantz of Glastonbury, Connecticut.

The following is the prayer:

Let us pray. Holy One of blessing: I read once: "the path of least resistance leads to the land of nothing done. " (Bill Purdin). But, we know that standing in this Chamber, we are here to get to the land of something done. We know that our arrival at "something done" will likely be the result of some resistance. Some difference of opinion. Some debate.

Dear God, as we argue for the welfare of our great State, let us be guided by a culture of disputation that honors principled disagreement. Help us draw our roadmap of resistance with mutual respect and trust. Whether our views represent the majority or minority of opinions, let us always agree to ask what the great Reverend Dr. Martin Luther King believes is life's most persistent and urgent question: "What are we doing for others?"

With gratitude, God, we thank You for this beautiful day and the opportunity to lead! May the land of something done always be sunny! If not, may we at least always see it on the horizon and may our work get us there! Amen.

The Pledge of Allegiance was led by Representative Davis of the 57th District.

COMMUNICATION FROM HIS EXCELLENCY,

THE GOVERNOR

The following communication was received from His Excellency, the Governor, on the date indicated, read by the Clerk and referred to the Committee on Executive and Legislative Nominations.

April 25, 2012

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to sections 4-1 and 16-2 of the 2012 Supplement to the Connecticut General Statutes, I have the honor to nominate, and with your advice and consent appoint, JOHN W. BETKOSKI III, of New Britain, to be a member of the Public Utilities Regulatory Authority, to serve for a term ending June 30, 2015 or until a successor has been appointed and qualified, whichever is longer.

DANNEL P. MALLOY

Governor

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. 99 (RAISED) (File No. 269) AN ACT CONCERNING LETTERS OF PROTECTION.

The bill was explained by Representative Fox of the 146th.

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

The Speaker ordered the vote be taken by roll call at 11: 41 a. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Passage 72

Those voting Yea 143

Those voting Nay 0

Those absent and not voting 8

On a roll call vote Senate Bill No. 99 was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

ALBIS

    

X

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

    

X

MCCRORY

Y

    

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

    

X

WALKER

Y

    

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

MINER

Y

    

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

   

X

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

Y

    

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

        

Y

    

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

Y

    

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

Y

    

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

Y

    

CAFERO

Y

    

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

Y

    

DAVIS, C.

       
   

X

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

Y

    

GIBBONS

        
   

X

HOLDER-WINFIELD

Y

    

SCHOFIELD

Y

    

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

Y

    

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

    

X

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING 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.

JUDICIARY. Substitute for H. B. No. 5367 (RAISED) (File No. 541) AN ACT CONCERNING COMPETENCY TO STAND TRIAL.

The bill was explained by Representative Fox of the 146th.

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

The Speaker ordered the vote be taken by roll call at 11: 46 a. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Passage 74

Those voting Yea 146

Those voting Nay 0

Those absent and not voting 5

On a roll call vote House Bill No. 5367 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

    

X

MCCRORY

Y

    

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

    

X

WALKER

Y

    

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

MINER

Y

    

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

   

X

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

Y

    

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

        

Y

    

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

Y

    

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

Y

    

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

Y

    

CAFERO

Y

    

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

Y

    

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

Y

    

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

Y

    

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

Y

    

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

    

X

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (DEP)

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEES

HOUSE 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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5013 (RAISED) (File No. 5) AN ACT CONCERNING THE BOARD MEMBERS OF THE CONNECTICUT HEALTH INSURANCE EXCHANGE.

The bill was explained by Representative Megna of the 97th who offered House Amendment Schedule "A" (LCO 3847) and moved its adoption.

The amendment was discussed by Representative Sampson of the 80th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 3847):

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

"Section 1. Subsections (a) to (c), inclusive, of section 38a-1081 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is hereby created as a body politic and corporate, constituting a public instrumentality and political subdivision of the state created for the performance of an essential public and governmental function, to be known as the Connecticut Health Insurance Exchange. The Connecticut Health Insurance Exchange shall not be construed to be a department, institution or agency of the state. The exchange shall serve both qualified individuals and qualified employers.

(b) (1) (A) The powers of the exchange shall be vested in and exercised by a board of directors, which, until the effective date of this section, shall consist of eleven voting members. The appointment of the initial board members shall be as follows:

[(A)] (i) The Governor shall appoint two board members, one of whom shall have expertise in the area of individual health insurance coverage and shall serve for a term of three years and one of whom shall have expertise in issues relating to small employer health insurance coverage and shall serve for a term of two years;

[(B)] (ii) The president pro tempore of the Senate shall appoint one board member who shall have expertise in the area of health care finance and shall serve for a term of four years;

[(C)] (iii) The speaker of the House of Representatives shall appoint one board member who shall have expertise in the area of health care benefits plan administration and shall serve for a term of four years;

[(D)] (iv) The majority leader of the Senate shall appoint one board member who shall have expertise in the health care delivery systems and shall serve for a term of two years;

[(E)] (v) The majority leader of the House of Representatives shall appoint one board member who shall have expertise in the area of health care economics and shall serve for a term of [one year] two years;

[(F)] (vi) The minority leader of the Senate shall appoint one board member who shall have expertise in health care access issues faced by self-employed individuals and shall serve for a term of three years;

[(G)] (vii) The minority leader of the House of Representatives shall appoint one board member who shall have expertise concerning barriers to individual health care coverage and shall serve for a term of two years;

[(H)] (viii) The Commissioner of Social Services, the Special Advisor to the Governor on Healthcare Reform and the Secretary of the Office of Policy and Management, or their designees, who shall serve as ex-officio voting board members; and

[(I)] (ix) The Insurance Commissioner, the Commissioner of Public Health and the Healthcare Advocate, or their designees, who shall serve as ex-officio nonvoting board members.

(B) (i) On and after the effective date of this section, the board of directors shall consist of sixteen voting members. The initial appointment of additional board members shall be as follows, and such appointments shall not affect the terms or appointments of the board members set forth in subparagraph (A) of this subdivision:

(I) The president pro tempore of the Senate shall appoint one board member who shall be a small employer and shall serve for a term of three years;

(II) The speaker of the House of Representatives shall appoint one board member who shall be an individual consumer of health care services and shall serve for a term of three years. No individual consumer appointed pursuant to this subparagraph shall be a small employer;

(III) The majority leader of the Senate and the majority leader of the House of Representatives shall jointly appoint one board member who shall be an individual consumer of health care services and shall serve for a term of two years; and

(IV) The minority leader of the Senate and the minority leader of the House of Representatives shall jointly appoint one board member who shall be a small employer and shall serve for a term of two years.

(ii) On and after the effective date of this section, the Healthcare Advocate or the Healthcare Advocate's designee shall serve as an ex-officio voting board member.

(2) (A) No [appointee] board member shall be employed by, a consultant to, a member of the board of directors of, affiliated with or otherwise a representative of (i) an insurer, (ii) an insurance producer or broker, (iii) a health care provider, or (iv) a health care facility or health or medical clinic while serving on the board [or on the staff] of the exchange. For purposes of this subdivision, "health care provider" means any person that is licensed in this state, or operates or owns a facility or institution in this state, to provide health care or health care professional services in this state, or an officer, employee or agent thereof acting in the course and scope of such officer's, employee's or agent's employment.

(B) No board member shall be a member of, a member of the board of, a consultant to or an employee of a trade association of (i) insurers, (ii) insurance producers or brokers, (iii) health care providers, or (iv) health care facilities or health or medical clinics while serving on the board [or on the staff] of the exchange.

(C) No board member shall be a health care provider unless such member receives no compensation for rendering services as a health care provider and does not have an ownership interest in a professional health care practice.

(c) (1) All initial appointments of the board members set forth in subparagraph (A) of subdivision (1) of subsection (b) of this section shall be made not later than July 1, 2011. All initial appointments of the board members set forth in subparagraph (B)(i) of subdivision (1) of subsection (b) of this section shall be made not later than thirty days after the effective date of this section. Following the expiration of such initial terms, subsequent board [members] member terms shall be for four years. Any vacancy shall be filled by the appointing authority for the balance of the unexpired term. If an appointing authority fails to make an initial appointment, or an appointment to fill a vacancy within ninety days of the date of such vacancy, the appointed board members may make such appointment by a majority vote. Any board member previously appointed to the board or appointed to fill a vacancy may be reappointed in accordance with this section. Any board member may be removed for misfeasance, malfeasance or wilful neglect of duty at the sole direction of the appointing authority.

(2) As a condition of qualifying as a member of the board of directors, each appointee shall, before entering upon such member's duties, take and subscribe the oath or affirmation required under section 1 of article eleventh of the Constitution of the state. A record of each such oath shall be filed in the office of the Secretary of the State.

(3) Appointed board members may not designate a representative to perform in their absence their respective duties under sections 38a-1080 to 38a-1090, inclusive. The Governor shall select a chairperson from among the board members and the board members shall annually elect a vice-chairperson. The chairperson shall schedule the first meeting of the board, which shall be held not later than August 1, 2011. Meetings of the board of directors shall be held at such times as shall be specified in the bylaws adopted by the board and at such other time or times as the chairperson deems necessary. Any board member who fails to attend more than fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from the board.

(4) [Six] Until all additional board members pursuant to subparagraph (B)(i) of subdivision (1) of subsection (b) of this section are appointed, six board members shall constitute a quorum for the transaction of any business or the exercise of any power of the exchange. On and after all such additional board members are appointed, nine board members shall constitute a quorum for the transaction of any business or the exercise of any power of the exchange. For the transaction of any business or the exercise of any power of the exchange, the exchange may act by a majority of the board members present at any meeting at which a quorum is in attendance. No vacancy in the membership of the board of directors shall impair the right of such board members to exercise all the rights and perform all the duties of the board. [Any] Except as otherwise provided, any action taken by the board under the provisions of sections 38a-1080 to 38a-1090, inclusive, may be authorized by resolution approved by a majority of the board members present at any regular or special meeting, which resolution shall take effect immediately unless otherwise provided in the resolution.

(5) Board members shall receive no compensation for their services but shall receive actual and necessary expenses incurred in the performance of their official duties.

(6) Subject to the provisions of subdivision (2) of subsection (b) of this section, board members 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 conflicts of interest.

(7) 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 board member of the exchange, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the exchange in specific request to such person, firm or corporation.

(8) Each board member shall execute a surety bond in the penal sum of fifty thousand dollars, or, in lieu thereof, the chairperson of the board shall execute a blanket position bond covering each board member, the chief executive officer and the employees of the exchange, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety and to be approved by the Attorney General and filed in the office of the Secretary of the State. The cost of each such bond shall be paid by the exchange.

(9) No board member of the exchange shall, for one year after the end of such member's service on the board, accept employment with any health carrier that offers a qualified health benefit plan through the exchange.

Sec. 2. Subsection (e) of section 38a-1081 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(e) (1) (A) No employee of the exchange shall be employed by, a consultant to, a member of the board of directors of, affiliated with or otherwise a representative of (i) an insurer, (ii) an insurance producer or broker, (iii) a health care provider, or (iv) a health care facility or health or medical clinic while serving on the staff of the exchange. For purposes of this subdivision, "health care provider" means any person that is licensed in this state, or operates or owns a facility or institution in this state, to provide health care or health care professional services in this state, or an officer, employee or agent thereof acting in the course and scope of such officer's, employee's or agent's employment.

(B) No employee of the exchange shall be a member of, a member of the board of, a consultant to or an employee of a trade association of [(A)] (i) insurers, [(B)] (ii) insurance producers or brokers, [(C)] (iii) health care providers, or [(D)] (iv) health care facilities or health or medical clinics while serving [on the board or] on the staff of the exchange.

[(2)] (C) No employee of the exchange shall be a health care provider unless [(A)] (i) (I) such employee receives no compensation for rendering services as a health care provider, or [(ii)] (II) the chief executive officer approves the hiring of such provider as an employee on the basis that such provider fills an area of need of expertise for the exchange, and [(B)] (ii) such employee does not have an ownership interest in a professional health care practice.

[(3)] (2) No employee of the exchange shall, for one year after terminating employment with the exchange, accept employment with any health carrier that offers a qualified health benefit plan through the exchange.

[(4)] (3) Any employee of the exchange whose primary purpose is to assist individuals or small employers in selecting health insurance plans offered on the exchange to purchase shall be licensed as an insurance producer under chapter 701a not later than eighteen months after such employee begins employment with the exchange.

(4) Any employee of the exchange may enroll in a group hospitalization and medical and surgical insurance plan under subsection (a) of section 5-259, provided the exchange reimburses the appropriate state agencies for all costs incurred by such enrollment. "

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

Section 1

from passage

38a-1081(a) to (c)

Sec. 2

from passage

38a-1081(e)

The bill was discussed by Representatives Berger of the 73rd, Sampson of the 80th and Hovey of the 112th.

The Speaker ordered the vote be taken by roll call at 12: 03 p. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Passage 74

Those voting Yea 146

Those voting Nay 0

Those absent and not voting 5

On a roll call vote House Bill No. 5013 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

    

X

MCCRORY

Y

    

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

    

X

WALKER

Y

    

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

MINER

Y

    

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

   

X

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

Y

    

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

        

Y

    

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

Y

    

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

Y

    

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

Y

    

CAFERO

Y

    

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

Y

    

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

Y

    

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

Y

    

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

Y

    

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

    

X

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (DEP)

JUDICIARY. Substitute for H. B. No. 5495 (RAISED) (File No. 261) AN ACT MAKING REVISIONS TO THE SACHEM'S HEAD ASSOCIATION CHARTER.

The bill was explained by Representative Gentile of the 104th.

The bill was discussed by Representatives Aman of the 14th and Kokoruda of the 101st.

The Speaker ordered the vote be taken by roll call at 12: 09 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 House Bill No. 5495 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

    

X

MCCRORY

Y

    

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

Y

    

WALKER

Y

    

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

MINER

Y

    

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

   

X

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

Y

    

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

        

Y

    

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

Y

    

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

Y

    

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

Y

    

CAFERO

Y

    

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

Y

    

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

Y

    

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

Y

    

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

Y

    

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

    

X

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (DEP)

RECESS

On motion of Representative Sharkey of the 88th District, the House recessed at 12: 10 o'clock p. m. , to reconvene at the Call of the Chair.

AFTER RECESS

The House reconvened at 2: 45 o'clock p. m. , Deputy Speaker Kirkley-Bey in the Chair.

COMMUNICATION FROM HIS EXCELLENCY,

THE GOVERNOR

The following communication was received from His Excellency, the Governor, on the date indicated, read by the Clerk and referred to the Committee on Executive and Legislative Nominations.

April 25, 2012

Corrected Letter

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to sections 4-1 and 16-2 of the 2012 Supplement to the Connecticut General Statutes, I have the honor to nominate, and with your advice and consent appoint, JOHN W. BETKOSKI III, of Beacon Falls, to be a member of the Public Utilities Regulatory Authority, to serve for a term ending June 30, 2015 or until a successor has been appointed and qualified, whichever is longer.

DANNEL P. MALLOY

Governor

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING 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.

HUMAN SERVICES. Substitute for H. B. No. 5476 (RAISED) (File No. 318) AN ACT EXPANDING CONSUMER CHOICE FOR LIFE SUPPORT CARE AT HOME.

The bill was explained by Representative Tercyak of the 26th.

The bill was discussed by Representatives Gibbons of the 150th, Butler of the 72nd and Srinivasan of the 31st.

The Speaker ordered the vote be taken by roll call at 3: 01 p. m.

The following is the result of the vote:

Total Number Voting 149

Necessary for Passage 75

Those voting Yea 149

Those voting Nay 0

Those absent and not voting 2

On a roll call vote House Bill No. 5476 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

Y

    

MCCRORY

    

X

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

Y

    

WALKER

Y

    

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

MINER

Y

    

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

Y

    

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

Y

    

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

        

Y

    

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

Y

    

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

Y

    

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

Y

    

CAFERO

Y

    

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

Y

    

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

Y

    

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

Y

    

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

Y

    

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

Y

    

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (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.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5035 (File Nos. 51 and 532) AN ACT CONCERNING PROPERTY TAX ASSESSMENTS BY MUNICIPALITIES.

The bill was explained by Representative Gentile of the 104th.

The bill was discussed by Representatives Aman of the 14th, Smith of the 108th, Hetherington of the 125th, Wood of the 141st, Cafero of the 142nd, Chapin of the 67th, Ackert of the 8th and Miner of the 66th.

The Speaker ordered the vote be taken by roll call at 3: 46 p. m.

The following is the result of the vote:

Total Number Voting 148

Necessary for Passage 75

Those voting Yea 113

Those voting Nay 35

Those absent and not voting 3

On a roll call vote House Bill No. 5035 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

  

N

  

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

  

N

  

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

  

N

  

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

Y

    

MCCRORY

Y

    

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

Y

    

WALKER

  

N

  

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

  

N

  

MINER

Y

    

BOUKUS

    

X

MILLER, P.

Y

    

WILLIS

  

N

  

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

Y

    

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

  

N

  

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

          

N

  

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

          

N

  

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

          

N

  

RIGBY

Y

    

DAVIS, P.

   

X

NARDELLO

Y

    

ACKERT

  

N

  

ROWE

Y

    

DILLON

Y

    

NICASTRO

  

N

  

ADINOLFI

  

N

  

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

 

N

  

ALBERTS

  

N

  

SAWYER

Y

    

FAWCETT

Y

    

PERONE

  

N

  

AMAN

  

N

  

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

  

N

  

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

  

N

  

BETTS

  

N

  

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

  

N

  

CAFERO

  

N

  

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

 

N

  

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

 

N

  

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

  

N

  

CARPINO

  

N

  

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

  

N

  

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

  

N

  

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

  

N

  

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

  

N

  

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

  

N

  

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

  

N

  

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

Y

    

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

  

N

  

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

  

N

  

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING 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. H. B. No. 5443 (RAISED) (File No. 447) AN ACT CONCERNING BENEFITS FOR SURVIVING SPOUSES UNDER THE TEACHERS' RETIREMENT SYSTEM.

The bill was explained by Representative Miller of the 145th.

The bill was discussed by Representatives Sawyer of the 55th, Chapin of the 67th, Thompson of the 13th, Klarides of the 114th, Wood of the 141st and Aman of the 14th.

The Speaker ordered the vote be taken by roll call at 4: 04 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. 5443 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

Y

    

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

Y

    

ALDARONDO

Y

    

LOPES

Y

    

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

Y

    

BACKER, T.

Y

    

LYDDY

Y

    

VERRENGIA

Y

    

LAVIELLE

Y

    

BARAM

Y

    

MCCRORY

Y

    

VILLANO

Y

    

LEGEYT

Y

    

BECKER, B.

Y

    

MEGNA

Y

    

WALKER

Y

    

MILLER, L.

Y

    

BERGER

Y

    

MIKUTEL

Y

    

WIDLITZ

Y

    

MINER

Y

    

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

Y

    

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

Y

    

WRIGHT, C.

Y

    

NOUJAIM

Y

    

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

Y

    

ZALASKI

Y

    

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

        

Y

    

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

Y

    

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

Y

    

ESPOSITO

Y

    

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

Y

    

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

Y

    

FOX, D.

Y

    

RILEY

Y

    

CAFERO

Y

    

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

Y

    

FRITZ

Y

    

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

Y

    

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

Y

    

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        

Y

    

GUERRERA

Y

    

ROVERO

Y

    

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

Y

    

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

Y

    

FREY

        

Y

    

HEWETT

Y

    

SAYERS

Y

    

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

Y

    

GIEGLER

        

Y

    

HURLBURT

Y

    

SERRA

Y

    

GIULIANO

Y

    

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

Y

    

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

Y

    

STALLWORTH

Y

    

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

Y

    

HWANG

Y

    

RYAN (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.

PUBLIC HEALTH. H. B. No. 5389 (RAISED) (File No. 313) AN ACT CONCERNING THE PALLIATIVE USE OF MARIJUANA.

The bill was explained by Representative Fox of the 146th who offered House Amendment Schedule "A" (LCO 3891) moved its adoption and further moved that when the vote be taken it be taken by roll call.

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

DEPUTY SPEAKER ORANGE IN THE CHAIR

The amendment was further discussed by Representatives Becker of the 19th, Lyddy of the 106th, O'Neill of the 69th, Noujaim of the 74th, Srinivasan of the 31st, Sawyer of the 55th, Lavielle of the 143rd and Sampson of the 80th.

DEPUTY SPEAKER ALTOBELLO IN THE CHAIR

The amendment was further discussed by Representatives Alberts of the 50th, Mikutel of the 45th, Shaban of the 135th, Hetherington of the 125th, Nicastro of the 79th, Thompson of the 13th, and Klarides of the 114th.

DEPUTY SPEAKER ARESIMOWICZ IN THE CHAIR

The amendment was further discussed by Representatives Adinolfi of the 103rd, Candelora of the 86th, Kupchick of the 132nd.

DEPUTY SPEAKER ALTOBELLO IN THE CHAIR

The amendment was further discussed by Representatives Serra of the 33rd, Candelaria of the 95th, Gentile of the 104th, Carter of the 2nd, Davis of the 57th and Perillo of the 113th.

SPEAKER DONOVAN IN THE CHAIR

The amendment was further discussed by Representatives Bacchiochi of the 52nd and Miller of the 36th.

The Speaker ordered the vote be taken by roll call at 10: 26 p. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Adoption 74

Those voting Yea 99

Those voting Nay 47

Those absent and not voting 5

On a roll call vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

  

N

  

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

 

N

  

ALDARONDO

Y

    

LOPES

    

X

TONG

Y

    

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

   

X

BACKER, T.

Y

    

LYDDY

  

N

  

VERRENGIA

  

N

  

LAVIELLE

Y

    

BARAM

Y

    

MCCRORY

Y

    

VILLANO

  

N

  

LEGEYT

 

N

  

BECKER, B.

Y

    

MEGNA

Y

    

WALKER

  

N

  

MILLER, L.

 

N

  

BERGER

  

N

  

MIKUTEL

Y

    

WIDLITZ

  

N

  

MINER

 

N

  

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

  

N

  

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

 

N

  

WRIGHT, C.

 

N

  

NOUJAIM

Y

    

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

  

N

  

ZALASKI

  

N

  

PERILLO

Y

    

COOK

Y

    

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

          

N

  

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

  

N

  

NICASTRO

  

N

  

ADINOLFI

Y

    

SAMPSON

 

N

  

ESPOSITO

Y

    

O'BRIEN, E.

 

N

  

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

  

N

  

SCRIBNER

   

X

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

  

N

  

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

  

N

  

BETTS

  

N

  

SIMANSKI

 

N

  

FOX, D.

Y

    

RILEY

  

N

  

CAFERO

  

N

  

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

  

N

  

SRINIVASAN

   

X

FRITZ

Y

    

RITTER, M.

 

N

  

CANDELORA

  

N

  

WADSWORTH

 

N

  

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

  

N

  

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        
 

N

  

GUERRERA

  

N

  

ROVERO

  

N

  

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

  

N

  

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

  

N

  

FREY

        

Y

    

HEWETT

Y

    

SAYERS

  

N

  

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

  

N

  

GIEGLER

        

Y

    

HURLBURT

  

N

  

SERRA

  

N

  

GIULIANO

  

N

  

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

  

N

  

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

Y

    

STALLWORTH

  

N

  

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

  

N

  

HWANG

Y

    

RYAN (DEP)

The following is House Amendment Schedule "A" (LCO 3891):

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

"Section 1. (NEW) (Effective from passage) As used in sections 1 to 16, inclusive, of this act, unless the context otherwise requires:

(1) "Cultivation" includes planting, propagating, cultivating, growing and harvesting;

(2) "Debilitating medical condition" means (A) cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, cachexia, wasting syndrome, Crohn's disease, posttraumatic stress disorder, or (B) any medical condition, medical treatment or disease approved by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act;

(3) "Licensed dispensary" or "dispensary" means a person licensed as a dispensary pursuant to section 9 of this act;

(4) "Licensed producer" or "producer" means a person licensed as a producer pursuant to section 10 of this act;

(5) "Marijuana" means marijuana, as defined in section 21a-240 of the general statutes;

(6) "Palliative use" means the acquisition, distribution, transfer, possession, use or transportation of marijuana or paraphernalia relating to marijuana, including the transfer of marijuana and paraphernalia relating to marijuana from the patient's primary caregiver to the qualifying patient, to alleviate a qualifying patient's symptoms of a debilitating medical condition or the effects of such symptoms, but does not include any such use of marijuana by any person other than the qualifying patient;

(7) "Paraphernalia" means drug paraphernalia, as defined in section 21a-240 of the general statutes;

(8) "Physician" means a person who is licensed under chapter 370 of the general statutes, but does not include a physician assistant, as defined in section 20-12a of the general statutes;

(9) "Primary caregiver" means a person, other than the qualifying patient and the qualifying patient's physician, who is eighteen years of age or older and has agreed to undertake responsibility for managing the well-being of the qualifying patient with respect to the palliative use of marijuana, provided (A) in the case of a qualifying patient lacking legal capacity, such person shall be a parent, guardian or person having legal custody of such qualifying patient, and (B) the need for such person shall be evaluated by the qualifying patient's physician and such need shall be documented in the written certification;

(10) "Qualifying patient" means a person who is eighteen years of age or older, is a resident of Connecticut and has been diagnosed by a physician as having a debilitating medical condition. "Qualifying patient" does not include an inmate confined in a correctional institution or facility under the supervision of the Department of Correction;

(11) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and any mixtures or preparations of such leaves and flowers, that are appropriate for the palliative use of marijuana, but does not include the seeds, stalks and roots of the marijuana plant; and

(12) "Written certification" means a written certification issued by a physician pursuant to section 4 of this act.

Sec. 2. (NEW) (Effective October 1, 2012) (a) A qualifying patient shall register with the Department of Consumer Protection pursuant to section 5 of this act prior to engaging in the palliative use of marijuana. A qualifying patient who has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act and complies with the requirements of sections 1 to 15, inclusive, of this act shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the palliative use of marijuana if:

(1) The qualifying patient's physician has issued a written certification to the qualifying patient for the palliative use of marijuana after the physician has prescribed, or determined it is not in the best interest of the patient to prescribe, prescription drugs to address the symptoms or effects for which the certification is being issued;

(2) The combined amount of marijuana possessed by the qualifying patient and the primary caregiver for palliative use does not exceed an amount of usable marijuana reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act; and

(3) The qualifying patient has not more than one primary caregiver at any time.

(b) The provisions of subsection (a) of this section do not apply to:

(1) Any palliative use of marijuana that endangers the health or well-being of a person other than the qualifying patient or the primary caregiver; or

(2) The ingestion of marijuana (A) in a motor bus or a school bus or in any other moving vehicle, (B) in the workplace, (C) on any school grounds or any public or private school, dormitory, college or university property, (D) in any public place, or (E) in the presence of a person under the age of eighteen. For the purposes of this subdivision, (i) "presence" means within the direct line of sight of the palliative use of marijuana or exposure to second-hand marijuana smoke, or both; (ii) "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests; (iii) "vehicle" means a vehicle, as defined in section 14-1 of the general statutes; (iv) "motor bus" means a motor bus, as defined in section 14-1 of the general statutes; and (v) "school bus" means a school bus, as defined in section 14-1 of the general statutes.

Sec. 3. (NEW) (Effective October 1, 2012) (a) No person may serve as a primary caregiver for a qualifying patient (1) unless such qualifying patient has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act, and (2) if such person has been convicted of a violation of any law pertaining to the illegal manufacture, sale or distribution of a controlled substance. A primary caregiver may not be responsible for the care of more than one qualifying patient at any time, except that a primary caregiver may be responsible for the care of more than one qualifying patient if the primary caregiver and each qualifying patient have a parental, guardianship, conservatorship or sibling relationship.

(b) A primary caregiver who has a valid registration certificate from the Department of Consumer Protection pursuant to subsection (a) of section 5 of this act and complies with the requirements of sections 1 to 15, inclusive, of this act shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for the acquisition, distribution, possession or transportation of marijuana or paraphernalia related to marijuana on behalf of such primary caregiver's qualifying patient, provided (1) the amount of any marijuana so acquired, distributed, possessed or transported, together with the combined amount of usable marijuana possessed by the qualifying patient and the primary caregiver, does not exceed an amount reasonably necessary to ensure uninterrupted availability for a period of one month, as determined by the Department of Consumer Protection pursuant to regulations adopted under section 14 of this act, and (2) such amount is obtained solely within this state from a licensed dispensary. For the purposes of this subsection, "distribution" or "distributed" means the transfer of marijuana and paraphernalia related to marijuana from the primary caregiver to the qualifying patient.

Sec. 4. (NEW) (Effective October 1, 2012) (a) A physician may issue a written certification to a qualifying patient that authorizes the palliative use of marijuana by the qualifying patient. Such written certification shall be in the form prescribed by the Department of Consumer Protection and shall include a statement signed and dated by the qualifying patient's physician stating that, in such physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the palliative use of marijuana would likely outweigh the health risks of such use to the qualifying patient.

(b) Any written certification for the palliative use of marijuana issued by a physician under subsection (a) of this section shall be valid for a period not to exceed one year from the date such written certification is signed and dated by the physician. Not later than ten calendar days after the expiration of such period, or at any time before the expiration of such period should the qualifying patient no longer wish to possess marijuana for palliative use, the qualifying patient or the primary caregiver shall destroy all usable marijuana possessed by the qualifying patient and the primary caregiver for palliative use.

(c) A physician shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by the Connecticut Medical Examining Board or other professional licensing board, for providing a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 2 of this act if:

(1) The physician has diagnosed the qualifying patient as having a debilitating medical condition;

(2) The physician has explained the potential risks and benefits of the palliative use of marijuana to the qualifying patient and, if the qualifying patient lacks legal capacity, to a parent, guardian or person having legal custody of the qualifying patient;

(3) The written certification issued by the physician is based upon the physician's professional opinion after having completed a medically reasonable assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship; and

(4) The physician has no financial interest in a dispensary licensed under section 9 of this act or a producer licensed under section 10 of this act.

Sec. 5. (NEW) (Effective October 1, 2012) (a) Each qualifying patient who is issued a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 2 of this act, and the primary caregiver of such qualifying patient, shall register with the Department of Consumer Protection. Such registration shall be effective from the date the Department of Consumer Protection issues a certificate of registration until the expiration of the written certification issued by the physician. The qualifying patient and the primary caregiver shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient and the primary caregiver. The qualifying patient or the primary caregiver shall report any change in such information to the department not later than five business days after such change. The department shall issue a registration certificate to the qualifying patient and to the primary caregiver and may charge a reasonable fee, not to exceed twenty-five dollars, for each registration certificate issued under this subsection. Any registration fees collected by the department under this subsection shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

(b) Information obtained under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, except that reasonable access to registry information obtained under this section and temporary registration information obtained under section 15 of this act shall be provided to: (1) State agencies, federal agencies and local law enforcement agencies for the purpose of investigating or prosecuting a violation of law; (2) physicians and pharmacists for the purpose of providing patient care and drug therapy management and monitoring controlled substances obtained by the qualifying patient; (3) public or private entities for research or educational purposes, provided no individually identifiable health information may be disclosed; (4) a licensed dispensary for the purpose of complying with sections 1 to 15, inclusive, of this act; (5) a qualifying patient, but only with respect to information related to such qualifying patient or such qualifying patient's primary caregiver; or (6) a primary caregiver, but only with respect to information related to such primary caregiver's qualifying patient.

Sec. 6. (NEW) (Effective October 1, 2012) No person shall be subject to arrest or prosecution solely for being in the presence or vicinity of the palliative use of marijuana as permitted under sections 1 to 15, inclusive, of this act.

Sec. 7. (NEW) (Effective October 1, 2012) Any marijuana, paraphernalia relating to marijuana, or other property seized by law enforcement officials from a qualifying patient or a primary caregiver in connection with the claimed palliative use of marijuana under sections 1 to 15, inclusive, of this act shall be returned to the qualifying patient or the primary caregiver immediately upon the determination by a court that the qualifying patient or the primary caregiver is entitled to the palliative use of marijuana under sections 1 to 15, inclusive, of this act, as evidenced by a decision not to prosecute, a dismissal of charges or an acquittal. The provisions of this section do not apply to any qualifying patient or primary caregiver who fails to comply with the requirements for the palliative use of marijuana under sections 1 to 15, inclusive, of this act.

Sec. 8. (NEW) (Effective October 1, 2012) (a) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the palliative use of marijuana in order to avoid arrest or prosecution under chapter 420b of the general statutes or any other provision of the general statutes shall be guilty of a class C misdemeanor.

(b) Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the issuance, contents or validity of a written certification for the palliative use of marijuana, or a document purporting to be such a written certification, shall be guilty of a class A misdemeanor.

Sec. 9. (NEW) (Effective from passage) (a) No person may act as a dispensary or represent that such person is a licensed dispensary unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section.

(b) The Commissioner of Consumer Protection shall determine the number of dispensaries appropriate to meet the needs of qualifying patients in this state and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure and standards for dispensaries in this state and specify the maximum number of dispensaries that may be licensed in this state. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) the commissioner deems such applicant qualified to acquire, possess, distribute and dispense marijuana pursuant to sections 1 to 15, inclusive, of this act, (2) the applicant is a pharmacist licensed under chapter 400j of the general statutes, and (3) the number of dispensary licenses issued does not exceed the number appropriate to meet the needs of qualifying patients in this state, as determined by the commissioner pursuant to this subsection. At a minimum, such regulations shall:

(A) Indicate the maximum number of dispensaries that may be licensed in this state;

(B) Provide that only a pharmacist licensed under chapter 400j of the general statutes may apply for and receive a dispensary license;

(C) Provide that no marijuana may be dispensed from, obtained from or transferred to a location outside of this state;

(D) Establish a licensing fee and renewal fee for each licensed dispensary, provided such fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating dispensaries pursuant to sections 1 to 15, inclusive, of this act;

(E) Provide for renewal of such dispensary licenses at least every two years;

(F) Describe areas in this state where licensed dispensaries may not be located, after considering the criteria for the location of retail liquor permit premises set forth in subsection (a) of section 30-46 of the general statutes;

(G) Establish health, safety and security requirements for licensed dispensaries, which may include, but need not be limited to: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana acquired or possessed by the licensed dispensary, and (ii) the ability to maintain the knowledge, understanding, judgment, procedures, security controls and ethics to ensure optimal safety and accuracy in the distributing, dispensing and use of palliative marijuana;

(H) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of dispensary licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and

(I) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.

(c) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

Sec. 10. (NEW) (Effective from passage) (a) No person may act as a producer or represent that such person is a licensed producer unless such person has obtained a license from the Commissioner of Consumer Protection pursuant to this section.

(b) The Commissioner of Consumer Protection shall determine the number of producers appropriate to meet the needs of qualifying patients in this state and shall adopt regulations, in accordance with chapter 54 of the general statutes, to provide for the licensure, standards and locations for producers in this state and specify the maximum number of producers that may be licensed in this state at any time. On and after the effective date of such regulations, the commissioner may license any person who applies for a license in accordance with such regulations, provided (1) such person is organized for the purpose of cultivating marijuana for palliative use in this state, (2) the commissioner finds that such applicant has appropriate expertise in agriculture and that such applicant is qualified to cultivate marijuana and sell, deliver, transport or distribute marijuana solely within this state pursuant to sections 1 to 15, inclusive, of this act, and (3) the number of producer licenses issued does not exceed the number appropriate to meet the needs of qualifying patients in this state, as determined by the commissioner pursuant to this subsection. At a minimum, such regulations shall:

(A) Indicate the maximum number of producers that may be licensed in this state at any time, which number shall not be less than three nor more than ten producers;

(B) Provide that no marijuana may be sold, delivered, transported or distributed by a producer from or to a location outside of this state;

(C) Establish a nonrefundable application fee of not less than twenty-five thousand dollars for each application submitted for a producer license;

(D) Establish a license fee and renewal fee for each licensed producer, provided the aggregate amount of such license and renewal fees shall not be less than the amount necessary to cover the direct and indirect cost of licensing and regulating producers pursuant to sections 1 to 15, inclusive, of this act;

(E) Provide for renewal of such producer licenses at least every five years;

(F) Provide that no producer may cultivate marijuana for palliative use outside of this state and designate permissible locations for licensed producers in this state;

(G) Establish financial requirements for producers, under which (i) each applicant demonstrates the financial capacity to build and operate a marijuana production facility, and (ii) each licensed producer may be required to maintain an escrow account in a financial institution in this state in an amount of two million dollars;

(H) Establish health, safety and security requirements for licensed producers, which shall include, but need not be limited to, a requirement that the applicant or licensed producer demonstrate: (i) The ability to maintain adequate control against the diversion, theft and loss of marijuana cultivated by the producer, and (ii) the ability to cultivate pharmaceutical grade marijuana for palliative use in a secure indoor facility;

(I) Define "pharmaceutical grade marijuana for palliative use" for the purposes of this section;

(J) Establish standards and procedures for revocation, suspension, summary suspension and nonrenewal of producer licenses, provided such standards and procedures are consistent with the provisions of subsection (c) of section 4-182 of the general statutes; and

(K) Establish other licensing, renewal and operational standards deemed necessary by the commissioner.

(c) Any fees collected by the Department of Consumer Protection under this section shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

Sec. 11. (NEW) (Effective October 1, 2012) (a) No licensed dispensary or employee of the dispensary may: (1) Acquire marijuana from a person other than a licensed producer; (2) distribute or dispense marijuana to a person who is not (A) a qualifying patient registered under section 5 or 15 of this act, or (B) a primary caregiver of such qualifying patient; or (3) obtain or transport marijuana outside of this state in violation of state or federal law.

(b) No licensed dispensary or employee of the dispensary acting within the scope of his or her employment shall be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for acquiring, possessing, distributing or dispensing marijuana pursuant to sections 1 to 15, inclusive, of this act.

Sec. 12. (NEW) (Effective October 1, 2012) (a) No licensed producer or employee of the producer may: (1) Sell, deliver, transport or distribute marijuana to a person who is not a licensed dispensary, or (2) obtain or transport marijuana outside of this state in violation of state or federal law.

(b) No licensed producer or employee of the producer acting within the scope of his or her employment shall be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for cultivating marijuana or selling, delivering, transporting or distributing marijuana to licensed dispensaries under sections 1 to 15, inclusive, of this act.

Sec. 13. (NEW) (Effective from passage) (a) The Commissioner of Consumer Protection shall establish a Board of Physicians consisting of eight physicians or surgeons who are knowledgeable about the palliative use of marijuana and certified by the appropriate American board in one of the following specialties: Neurology, pain medicine, pain management, medical oncology, psychiatry, infectious disease, family medicine or gynecology. Four of the members of the board first appointed shall serve for a term of three years and four of the members of the board first appointed shall serve for a term of four years. Thereafter, members of the board shall serve for a term of four years and shall be eligible for reappointment. Any member of the board may serve until a successor is appointed. The Commissioner of Consumer Protection shall serve as an ex-officio member of the board, and shall select a chairperson from among the members of the board.

(b) A quorum of the Board of Physicians shall consist of three members.

(c) The Board of Physicians shall:

(1) Review and recommend to the Department of Consumer Protection for approval the debilitating medical conditions, medical treatments or diseases to be added to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(2) Accept and review petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(3) Convene at least twice per year to conduct public hearings and to evaluate petitions, which shall be maintained as confidential pursuant to subsection (d) of this section, for the purpose of adding medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(4) Review and recommend to the Department of Consumer Protection protocols for determining the amounts of marijuana that may be reasonably necessary to ensure uninterrupted availability for a period of one month for qualifying patients, including amounts for topical treatments; and

(5) Perform other duties related to the palliative use of marijuana upon the request of the Commissioner of Consumer Protection.

(d) Any individually identifiable health information contained in a petition received under this section shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes.

Sec. 14. (NEW) (Effective from passage) (a) The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to establish (1) a standard form for written certifications for the palliative use of marijuana issued by physicians under subdivision (1) of subsection (a) of section 2 of this act, and (2) procedures for registrations under section 5 of this act. Such regulations, if any, shall be adopted after consultation with the Board of Physicians established in section 13 of this act.

(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to establish a reasonable fee to be collected from each qualifying patient to whom a written certification for the palliative use of marijuana is issued under subdivision (1) of subsection (a) of section 2 of this act, for the purpose of offsetting the direct and indirect costs of administering the provisions of sections 1 to 15, inclusive, of this act. The commissioner shall collect such fee at the time the qualifying patient registers with the Department of Consumer Protection under subsection (a) of section 5 of this act. Such fee shall be in addition to any registration fee that may be charged under said subsection. The fees required to be collected by the commissioner from qualifying patients under this subsection shall be paid to the State Treasurer and credited to the account established pursuant to section 19 of this act.

(c) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of sections 1 to 8, inclusive, and section 13 of this act. At a minimum, such regulations shall:

(1) Govern the manner in which the department considers applications for the issuance and renewal of registration certificates for qualifying patients and primary caregivers, and establish any additional information to be contained in such registration certificates;

(2) Define the protocols for determining the amount of usable marijuana that is necessary to constitute an adequate supply to ensure uninterrupted availability for a period of one month, including amounts for topical treatments;

(3) Establish criteria for adding medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana;

(4) Establish a petition process under which members of the public may submit petitions, in such manner and in such form as prescribed in the regulations, regarding the addition of medical conditions, medical treatments or diseases to the list of debilitating medical conditions;

(5) Establish a process for public comment and public hearings before the board regarding the addition of medical conditions, medical treatments or diseases to the list of debilitating medical conditions, medical treatments or diseases;

(6) Add additional medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the palliative use of marijuana as recommended by the board; and

(7) Develop a distribution system for marijuana for palliative use that provides for:

(A) Marijuana production facilities within this state that are housed on secured grounds and operated by licensed producers; and

(B) Distribution of marijuana for palliative use to qualifying patients or their primary caregivers by licensed dispensaries.

(d) The commissioner shall submit regulations pursuant to subsections (b) and (c) of this section to the standing legislative regulation review committee not later than July 1, 2013.

Sec. 15. (NEW) (Effective October 1, 2012) (a) During the period beginning on October 1, 2012, and ending thirty calendar days after the effective date of regulations adopted pursuant to section 14 of this act, a qualifying patient who would be determined to be eligible for a registration certificate pursuant to subsection (a) of section 5 of this act, except for the lack of effective regulations concerning licensed dispensaries, licensed producers, distribution systems and amounts of marijuana, may obtain a written certification from a physician and upon presenting the written certification to the Department of Consumer Protection, the department shall issue a temporary registration certificate for the palliative use of marijuana. The department shall indicate on such temporary registration certificate the amount of usable marijuana that constitutes a one month supply which may be possessed pursuant to such temporary registration certificate. The department shall maintain a list of all temporary registration certificates issued pursuant to this section and the information on such list shall be confidential and shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, except that such information may be disclosed in the manner set forth in subsection (b) of section 5 of this act.

(b) A qualifying patient possessing a temporary registration certificate and the qualifying patient's primary caregiver shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by a professional licensing board, for possessing marijuana if the amount of usable marijuana possessed by the qualifying patient and the primary caregiver is not more than the amount specified in the temporary registration certificate.

(c) A physician shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by the Connecticut Medical Examining Board or other professional licensing board, for providing a written certification for the palliative use of marijuana pursuant to this section.

Sec. 16. (NEW) (Effective October 1, 2012) Nothing in sections 1 to 15, inclusive, of this act, or section 21a-243 of the general statutes, as amended by this act, shall be construed to require health insurance coverage for the palliative use of marijuana.

Sec. 17. (NEW) (Effective October 1, 2012) (a) For the purposes of this section:

(1) "Action" has the meaning provided in section 47a-1 of the general statutes;

(2) "Dwelling unit" has the meaning provided in section 47a-1 of the general statutes;

(3) "Employer" means a person engaged in business who has one or more employees, including the state and any political subdivision of the state;

(4) "Landlord" has the meaning provided in section 47a-1 of the general statutes;

(5) "Palliative use" has the meaning provided in section 1 of this act;

(6) "Primary caregiver" has the meaning provided in section 1 of this act;

(7) "Qualifying patient" has the meaning provided in section 1 of this act;

(8) "School" means a public or private elementary or secondary school in this state or a public or private institution of higher education in this state; and

(9) "Tenant" has the meaning provided in section 47a-1 of the general statutes.

(b) Unless required by federal law or required to obtain federal funding:

(1) No school may refuse to enroll any person or discriminate against any student solely on the basis of such person's or student's status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act;

(2) No landlord may refuse to rent a dwelling unit to a person or take action against a tenant solely on the basis of such person's or tenant's status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act; and

(3) No employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person's or employee's status as a qualifying patient or primary caregiver under sections 1 to 15, inclusive, of this act. Nothing in this subdivision shall restrict an employer's ability to prohibit the use of intoxicating substances during work hours or restrict an employer's ability to discipline an employee for being under the influence of intoxicating substances during work hours.

(c) Nothing in this section shall be construed to permit the palliative use of marijuana in violation of subsection (b) of section 2 of this act.

Sec. 18. Section 21a-243 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) The Commissioner of Consumer Protection shall adopt regulations for the efficient enforcement and operation of sections 21a-244 to 21a-282, inclusive.

(b) The Commissioner of Consumer Protection may, so far as may be consistent with sections 21a-244 to 21a-282, inclusive, adopt the regulations existing under the federal Controlled Substances Act and pertinent regulations existing under the federal food and drug laws and conform regulations adopted hereunder with those existing under the federal Controlled Substances Act and federal food and drug laws.

(c) The Commissioner of Consumer Protection, acting upon the advice of the Commission of Pharmacy, may by regulation designate, after investigation, as a controlled substance, a substance or chemical composition containing any quantity of a substance which has been found to have a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and having a tendency to promote abuse or physiological or psychological dependence or both. Such substances are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant substances, and specifically exclude alcohol, caffeine and nicotine. Substances which are designated as controlled substances shall be classified in schedules I to V by regulations adopted pursuant to subsection (a) of this section.

(d) The Commissioner of Consumer Protection may by regulation change the schedule in which a substance classified as a controlled substance in schedules I to V of the controlled substance scheduling regulations is placed. On or before December 15, 1986, and annually thereafter, the commissioner shall submit a list of all such schedule changes to the chairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public health.

(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall submit amendments to sections 21a-243-7 and 21a-243-8 of the regulations of Connecticut state agencies to the standing legislative regulation review committee to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations.

[(e)] (f) A new or amended regulation under this chapter shall be adopted in accordance with the provisions of chapter 54.

[(f)] (g) In the event of any inconsistency between the contents of schedules I, II, III, IV and V of the controlled substance scheduling regulations and schedules I, II, III, IV and V of the federal Controlled Substances Act, as amended, the provisions of the federal act shall prevail, except (1) when the provisions of the Connecticut controlled substance scheduling regulations place a controlled substance in a schedule with a higher numerical designation, schedule I being the highest designation, or (2) as provided in subsection (e) of this section.

[(g)] (h) When a drug that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule for a period of two hundred forty days from the effective date of the federal classification.

[(h)] (i) The Commissioner of Consumer Protection shall, by regulation adopted pursuant to this section, designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances and classify each such substance in the appropriate schedule:

(1) 1-pentyl-3-(1-naphthoyl)indole (JWH-018);

(2) 1-butyl-3-(1-naphthoyl)indole (JWH-073);

(3) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);

(4) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);

(5) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol; CP-47,497 C8 homologue);

(6) Salvia divinorum; and

(7) Salvinorum A.

[(i)] (j) Notwithstanding the provisions of subsection (c) of this section, the Commissioner of Consumer Protection shall designate the following substances, by whatever official, common, usual, chemical or trade name designation, as controlled substances in schedule I of the controlled substances scheduling regulations:

(1) Mephedrone (4-methylmethcathinone); and

(2) MDPV (3,4-methyenedioxypyrovalerone).

Sec. 19. (NEW) (Effective from passage) There is established a palliative marijuana administration account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any fees collected pursuant to subsection (a) of section 5 of this act, any fees collected pursuant to sections 9 and 10 of this act, any fees collected pursuant to subsection (b) of section 14 of this act, and any other moneys required by law to be deposited in the account, and shall be held in trust separate and apart from all other moneys, funds and accounts. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. Investment earnings credited to the account shall become part of the account. Amounts in the account shall be expended only for the purpose of providing funds to the Department of Consumer Protection for administering the provisions of sections 1 to 16, inclusive, of this act. "

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

Section 1

from passage

New section

Sec. 2

October 1, 2012

New section

Sec. 3

October 1, 2012

New section

Sec. 4

October 1, 2012

New section

Sec. 5

October 1, 2012

New section

Sec. 6

October 1, 2012

New section

Sec. 7

October 1, 2012

New section

Sec. 8

October 1, 2012

New section

Sec. 9

from passage

New section

Sec. 10

from passage

New section

Sec. 11

October 1, 2012

New section

Sec. 12

October 1, 2012

New section

Sec. 13

from passage

New section

Sec. 14

from passage

New section

Sec. 15

October 1, 2012

New section

Sec. 16

October 1, 2012

New section

Sec. 17

October 1, 2012

New section

Sec. 18

October 1, 2012

21a-243

Sec. 19

from passage

New section

The bill was discussed by Representative Shaban of the 135th who offered House Amendment Schedule "B" (LCO 3426) moved its adoption and further moved that when the vote be taken it be taken by roll call.

The amendment was discussed by Representatives Fox of the 146th, Bacchiochi of the 52nd and Rowe of the 123rd.

The Speaker ordered the vote be taken by roll call at 10: 37 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Adoption 72

Those voting Yea 51

Those voting Nay 92

Those absent and not voting 8

On a roll call vote the amendment was rejected.

The following is the roll call vote:

   

X

ABERCROMBIE

  

N

  

LEMAR

  

N

  

TERCYAK

Y

    

KLARIDES

 

N

  

ALBIS

  

N

  

LESSER

  

N

  

THOMPSON

Y

    

KOKORUDA

 

N

  

ALDARONDO

  

N

  

LOPES

    

X

TONG

Y

    

KUPCHICK

 

N

  

AYALA

  

N

  

LUXENBERG

  

N

  

URBAN

Y

    

LABRIOLA

   

X

BACKER, T.

 

N

  

LYDDY

  

N

  

VERRENGIA

Y

    

LAVIELLE

 

N

  

BARAM

  

N

  

MCCRORY

  

N

  

VILLANO

Y

    

LEGEYT

 

N

  

BECKER, B.

 

N

  

MEGNA

    

X

WALKER

Y

    

MILLER, L.

 

N

  

BERGER

  

N

  

MIKUTEL

  

N

  

WIDLITZ

Y

    

MINER

 

N

  

BOUKUS

  

N

  

MILLER, P.

 

N

  

WILLIS

Y

    

MOLGANO

 

N

  

BUTLER

  

N

  

MILLER, P. B.

 

N

  

WRIGHT, C.

Y

    

NOUJAIM

 

N

  

CANDELARIA, J.

 

N

  

MORIN

  

N

  

WRIGHT, E.

Y

    

O'NEILL

 

N

  

CLEMONS

  

N

  

MORRIS

  

N

  

ZALASKI

Y

    

PERILLO

 

N

  

COOK

  

N

  

MOUKAWSHER

        

Y

    

PISCOPO

 

N

  

CRAWFORD

  

N

  

MUSHINSKY

        

Y

    

REBIMBAS

 

N

  

DARGAN

  

N

  

NAFIS

        

Y

    

RIGBY

 

N

  

DAVIS, P.

 

N

  

NARDELLO

Y

    

ACKERT

Y

    

ROWE

 

N

  

DILLON

  

N

  

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

   

X

ESPOSITO

  

N

  

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

 

N

  

FAWCETT

  

N

  

PERONE

Y

    

AMAN

Y

    

SCRIBNER

   

X

FLEISCHMANN

  

N

  

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

 

N

  

FLEXER

  

N

  

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

 

N

  

FOX, D.

 

N

  

RILEY

Y

    

CAFERO

Y

    

SMITH

 

N

  

FOX, G.

 

N

  

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

   

X

FRITZ

  

N

  

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

 

N

  

GENGA

  

N

  

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

 

N

  

GENTILE

  

N

  

ROJAS

Y

    

CARTER

Y

    

WOOD

 

N

  

GONZALEZ

  

N

  

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

 

N

  

GROGINS

  

N

  

ROSE

    

X

COUTU

        
 

N

  

GUERRERA

  

N

  

ROVERO

Y

    

D'AMELIO

        
 

N

  

HADDAD

  

N

  

ROY

Y

    

DAVIS, C.

       
 

N

  

HAMM

  

N

  

SANCHEZ

Y

    

FLOREN

  

N

  

DONOVAN (SPKR)

 

N

  

HENNESSY

  

N

  

SANTIAGO

Y

    

FREY

        
 

N

  

HEWETT

  

N

  

SAYERS

Y

    

GIBBONS

        
 

N

  

HOLDER-WINFIELD

  

N

  

SCHOFIELD

Y

    

GIEGLER

        
 

N

  

HURLBURT

  

N

  

SERRA

Y

    

GIULIANO

  

N

  

ALTOBELLO (DEP)

 

N

  

JANOWSKI

  

N

  

SHARKEY

Y

    

GREENE

  

N

  

ARESIMOWICZ (DEP)

 

N

  

JOHNSON

  

N

  

STALLWORTH

Y

    

HETHERINGTON

  

N

  

GODFREY (DEP)

 

N

  

JUTILA

  

N

  

STEINBERG

Y

    

HOVEY

  

N

  

KIRKLEY-BEY (DEP)

 

N

  

KINER

  

N

  

TABORSAK

Y

    

HOYDICK

  

N

  

ORANGE (DEP)

 

N

  

LARSON

  

N

  

TALLARITA

Y

    

HWANG

  

N

  

RYAN (DEP)

The following is House Amendment Schedule "B" (LCO 3426):

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

"Sec. 501. (NEW) (Effective July 1, 2012) Pursuant to Article X of the Amendments to the Constitution of the United States, and notwithstanding any federal statute or case law to the contrary, the state of Connecticut hereby reasserts and assumes authority over all regulation concerning the criminalization, acquisition, cultivation, distribution, dispensing, possession, sale, transportation and use of marijuana and of paraphernalia related to marijuana. "

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

Sec. 501

July 1, 2012

New section

The bill was further discussed by Representatives Carter of the 2nd and Candelora of the 87th who offered House Amendment Schedule "C" (LCO 3972) moved its adoption and further moved that when the vote be taken it would be taken by roll call.

The amendment was discussed by Representatives Fox of the 146th, Carter of the 2nd and Miner of the 66th.

The Speaker ordered the vote be taken by roll call at 10: 59 p. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Adoption 74

Those voting Yea 50

Those voting Nay 96

Those absent and not voting 5

On a roll call vote the amendment was rejected.

The following is the roll call vote:

 

N

  

ABERCROMBIE

  

N

  

LEMAR

  

N

  

TERCYAK

Y

    

KLARIDES

 

N

  

ALBIS

  

N

  

LESSER

  

N

  

THOMPSON

Y

    

KOKORUDA

 

N

  

ALDARONDO

  

N

  

LOPES

    

X

TONG

Y

    

KUPCHICK

 

N

  

AYALA

  

N

  

LUXENBERG

  

N

  

URBAN

Y

    

LABRIOLA

   

X

BACKER, T.

 

N

  

LYDDY

  

N

  

VERRENGIA

Y

    

LAVIELLE

 

N

  

BARAM

  

N

  

MCCRORY

  

N

  

VILLANO

Y

    

LEGEYT

 

N

  

BECKER, B.

 

N

  

MEGNA

  

N

  

WALKER

Y

    

MILLER, L.

 

N

  

BERGER

  

N

  

MIKUTEL

  

N

  

WIDLITZ

Y

    

MINER

 

N

  

BOUKUS

  

N

  

MILLER, P.

 

N

  

WILLIS

Y

    

MOLGANO

 

N

  

BUTLER

  

N

  

MILLER, P. B.

 

N

  

WRIGHT, C.

Y

    

NOUJAIM

 

N

  

CANDELARIA, J.

 

N

  

MORIN

  

N

  

WRIGHT, E.

Y

    

O'NEILL

 

N

  

CLEMONS

  

N

  

MORRIS

  

N

  

ZALASKI

Y

    

PERILLO

 

N

  

COOK

  

N

  

MOUKAWSHER

        

Y

    

PISCOPO

 

N

  

CRAWFORD

  

N

  

MUSHINSKY

        

Y

    

REBIMBAS

 

N

  

DARGAN

  

N

  

NAFIS

            

X

RIGBY

 

N

  

DAVIS, P.

 

N

  

NARDELLO

Y

    

ACKERT

Y

    

ROWE

 

N

  

DILLON

  

N

  

NICASTRO

Y

    

ADINOLFI

Y

    

SAMPSON

 

N

  

ESPOSITO

  

N

  

O'BRIEN, E.

Y

    

ALBERTS

Y

    

SAWYER

 

N

  

FAWCETT

  

N

  

PERONE

Y

    

AMAN

Y

    

SCRIBNER

 

N

  

FLEISCHMANN

  

N

  

REED

Y

    

BACCHIOCHI

Y

    

SHABAN

 

N

  

FLEXER

  

N

  

REYNOLDS

Y

    

BETTS

Y

    

SIMANSKI

 

N

  

FOX, D.

 

N

  

RILEY

Y

    

CAFERO

Y

    

SMITH

 

N

  

FOX, G.

 

N

  

RITTER, E.

Y

    

CAMILLO

Y

    

SRINIVASAN

   

X

FRITZ

  

N

  

RITTER, M.

Y

    

CANDELORA

Y

    

WADSWORTH

 

N

  

GENGA

  

N

  

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

 

N

  

GENTILE

  

N

  

ROJAS

Y

    

CARTER

Y

    

WOOD

 

N

  

GONZALEZ

  

N

  

ROLDAN

Y

    

CHAPIN

Y

    

YACCARINO

 

N

  

GROGINS

  

N

  

ROSE

    

X

COUTU

        
 

N

  

GUERRERA

  

N

  

ROVERO

Y

    

D'AMELIO

        
 

N

  

HADDAD

  

N

  

ROY

Y

    

DAVIS, C.

       
 

N

  

HAMM

  

N

  

SANCHEZ

Y

    

FLOREN

  

N

  

DONOVAN (SPKR)

 

N

  

HENNESSY

  

N

  

SANTIAGO

Y

    

FREY

        
 

N

  

HEWETT

  

N

  

SAYERS

Y

    

GIBBONS

        
 

N

  

HOLDER-WINFIELD

  

N

  

SCHOFIELD

Y

    

GIEGLER

        
 

N

  

HURLBURT

  

N

  

SERRA

Y

    

GIULIANO

  

N

  

ALTOBELLO (DEP)

 

N

  

JANOWSKI

  

N

  

SHARKEY

Y

    

GREENE

  

N

  

ARESIMOWICZ (DEP)

 

N

  

JOHNSON

  

N

  

STALLWORTH

Y

    

HETHERINGTON

  

N

  

GODFREY (DEP)

 

N

  

JUTILA

  

N

  

STEINBERG

Y

    

HOVEY

  

N

  

KIRKLEY-BEY (DEP)

 

N

  

KINER

  

N

  

TABORSAK

Y

    

HOYDICK

  

N

  

ORANGE (DEP)

 

N

  

LARSON

  

N

  

TALLARITA

Y

    

HWANG

  

N

  

RYAN (DEP)

The following is House Amendment Schedule "C" (LCO 3972):

Strike subsection (e) of section 18 in its entirety and substitute the following in lieu thereof:

"(e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, not later than January 1, 2013, the Commissioner of Consumer Protection shall adopt regulations to reclassify marijuana as a controlled substance in schedule II under the Connecticut controlled substance scheduling regulations. "

The bill was further discussed by Representatives Davis of the 57th and Cafero of the 142nd.

The Speaker ordered the vote be taken by roll call at 11: 16 p. m.

The following is the result of the vote:

Total Number Voting 147

Necessary for Passage 74

Those voting Yea 96

Those voting Nay 51

Those absent and not voting 4

On a roll call vote House Bill No. 5389 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

LEMAR

Y

    

TERCYAK

  

N

  

KLARIDES

Y

    

ALBIS

Y

    

LESSER

Y

    

THOMPSON

Y

    

KOKORUDA

 

N

  

ALDARONDO

Y

    

LOPES

    

X

TONG

  

N

  

KUPCHICK

Y

    

AYALA

Y

    

LUXENBERG

Y

    

URBAN

Y

    

LABRIOLA

   

X

BACKER, T.

Y

    

LYDDY

  

N

  

VERRENGIA

  

N

  

LAVIELLE

Y

    

BARAM

Y

    

MCCRORY

Y

    

VILLANO

  

N

  

LEGEYT

 

N

  

BECKER, B.

Y

    

MEGNA

Y

    

WALKER

  

N

  

MILLER, L.

 

N

  

BERGER

  

N

  

MIKUTEL

Y

    

WIDLITZ

  

N

  

MINER

 

N

  

BOUKUS

Y

    

MILLER, P.

Y

    

WILLIS

  

N

  

MOLGANO

Y

    

BUTLER

Y

    

MILLER, P. B.

 

N

  

WRIGHT, C.

 

N

  

NOUJAIM

Y

    

CANDELARIA, J.

Y

    

MORIN

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

CLEMONS

Y

    

MORRIS

  

N

  

ZALASKI

  

N

  

PERILLO

Y

    

COOK

  

N

  

MOUKAWSHER

        

Y

    

PISCOPO

Y

    

CRAWFORD

Y

    

MUSHINSKY

          

N

  

REBIMBAS

Y

    

DARGAN

Y

    

NAFIS

        

Y

    

RIGBY

Y

    

DAVIS, P.

Y

    

NARDELLO

Y

    

ACKERT

Y

    

ROWE

Y

    

DILLON

  

N

  

NICASTRO

  

N

  

ADINOLFI

  

N

  

SAMPSON

 

N

  

ESPOSITO

Y

    

O'BRIEN, E.

 

N

  

ALBERTS

Y

    

SAWYER

Y

    

FAWCETT

Y

    

PERONE

Y

    

AMAN

  

N

  

SCRIBNER

Y

    

FLEISCHMANN

Y

    

REED

Y

    

BACCHIOCHI

  

N

  

SHABAN

Y

    

FLEXER

Y

    

REYNOLDS

  

N

  

BETTS

  

N

  

SIMANSKI

 

N

  

FOX, D.

Y

    

RILEY

  

N

  

CAFERO

  

N

  

SMITH

Y

    

FOX, G.

Y

    

RITTER, E.

Y

    

CAMILLO

  

N

  

SRINIVASAN

   

X

FRITZ

Y

    

RITTER, M.

 

N

  

CANDELORA

  

N

  

WADSWORTH

 

N

  

GENGA

Y

    

ROBLES

Y

    

CARPINO

Y

    

WILLIAMS

Y

    

GENTILE

Y

    

ROJAS

  

N

  

CARTER

Y

    

WOOD

Y

    

GONZALEZ

Y

    

ROLDAN

Y

    

CHAPIN

  

N

  

YACCARINO

Y

    

GROGINS

Y

    

ROSE

    

X

COUTU

        
 

N

  

GUERRERA

  

N

  

ROVERO

  

N

  

D'AMELIO

        

Y

    

HADDAD

Y

    

ROY

  

N

  

DAVIS, C.

       

Y

    

HAMM

Y

    

SANCHEZ

Y

    

FLOREN

Y

    

DONOVAN (SPKR)

Y

    

HENNESSY

Y

    

SANTIAGO

  

N

  

FREY

        

Y

    

HEWETT

Y

    

SAYERS

  

N

  

GIBBONS

        

Y

    

HOLDER-WINFIELD

Y

    

SCHOFIELD

  

N

  

GIEGLER

        

Y

    

HURLBURT

  

N

  

SERRA

  

N

  

GIULIANO

  

N

  

ALTOBELLO (DEP)

Y

    

JANOWSKI

Y

    

SHARKEY

  

N

  

GREENE

Y

    

ARESIMOWICZ (DEP)

Y

    

JOHNSON

Y

    

STALLWORTH

  

N

  

HETHERINGTON

Y

    

GODFREY (DEP)

Y

    

JUTILA

Y

    

STEINBERG

Y

    

HOVEY

Y

    

KIRKLEY-BEY (DEP)

Y

    

KINER

Y

    

TABORSAK

Y

    

HOYDICK

Y

    

ORANGE (DEP)

Y

    

LARSON

Y

    

TALLARITA

  

N

  

HWANG

Y

    

RYAN (DEP)

RECESS

On motion of Representative Sharkey of the 88th District, the House recessed at 11: 17 o'clock p. m. , to reconvene at the Call of the Chair.

AFTER RECESS

The House reconvened at 11: 41 o'clock p. m. , Speaker Donovan in the Chair.

REPRESENTATIVES ABSENT

The following Representatives were absent today or may have missed some votes due to the following:

Representative Coutu of the 47th District - out of state - military service

Representative Fritz of the 90th District - medical

ADJOURNMENT

On motion of Representative Sharkey of the 88th District, the House adjourned at 11: 44 o'clock p. m. , to meet again at the Call of the Chair.

BILL SIGNED BY HIS EXCELLENCY,

THE GOVERNOR

The following bill was signed, by His Excellency, the Governor, on the date indicated:

April 25, 2012

Substitute for S. B. No. 280 (RAISED) (File No. 111) AN ACT REVISING THE PENALTY FOR CAPITAL FELONIES. (As amended by Senate Amendment Schedules "A" and "I").

Public Act No. 5