JOURNAL OF THE HOUSE

Friday, May 4, 2012

The House of Representatives was called to order at 12: 08 o'clock p. m. , Speaker Christopher G. Donovan in the Chair.

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

The following is the prayer:

Let us pray. Eternal and Sovereign God, maker of all things and the judge of all humanity; as we continue to labor for the people of this State, may You restore the strength of our legislators as they move towards the end of Session 2012. Help our leaders to submit to your ways and laws and help our residents to be more involved in the election process. O Lord have mercy upon us as we seek godly servants to rise up in our government to help the economy in our cities and State. Amen.

The Pledge of Allegiance was led by Representative Gibbons of the 150th District.

BUSINESS FROM THE SENATE

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

SENATE BILLS

The following favorable reports of the Joint Standing Committees were received from the Senate, the bills read the second time and tabled for the Calendar:

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 33 (RAISED) (File No. 157) AN ACT CONCERNING DEPARTMENT OF TRANSPORTATION PROJECT DELIVERY. (As amended by Senate Amendment Schedule "A").

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. S. B. No. 43 (RAISED) (File No. 64) AN ACT CONCERNING HIGHER EDUCATION. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 57 (RAISED) (File No. 103) AN ACT CONCERNING THE LICENSURE OF FOOD MANUFACTURING ESTABLISHMENTS. (As amended by Senate Amendment Schedule "A").

JUDICIARY. S. B. No. 63 (RAISED) (File No. 28) AN ACT CONCERNING THE TIMING OF TESTS FOR BLOOD ALCOHOL LEVELS IN OPERATING UNDER THE INFLUENCE CASES. (As amended by Senate Amendment Schedule "A").

ENVIRONMENT. Substitute for S. B. No. 89 (RAISED) (File No. 191) AN ACT ESTABLISHING A MATTRESS STEWARDSHIP PROGRAM. (As amended by Senate Amendment Schedule "C").

APPROPRIATIONS. Substitute for S. B. No. 97 (RAISED) (File No. 17) AN ACT CONCERNING BREAST CANCER SCREENING. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 111 (RAISED) (File No. 404) AN ACT CONCERNING THE PENALTY FOR CAUSING HARM TO A VULNERABLE USER OF A PUBLIC WAY. (As amended by Senate Amendment Schedule "A").

APPROPRIATIONS. Substitute for S. B. No. 156 (RAISED) (File No. 405) AN ACT CONCERNING SIBLING VISITATION FOR CHILDREN IN THE CARE AND CUSTODY OF THE COMMISSIONER OF CHILDREN AND FAMILIES. (As amended by Senate Amendment Schedule "A").

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 188 (RAISED) (File No. 69) AN ACT CONCERNING FINANCIAL ASSISTANCE TO LOCAL HEALTH DEPARTMENTS FOR LEAD POISONING PREVENTION.

PLANNING AND DEVELOPMENT. S. B. No. 195 (RAISED) (File No. 32) AN ACT CONCERNING THE STORAGE OF STOLEN PROPERTY. (As amended by Senate Amendment Schedule "A").

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 207 (RAISED) (File No. 108) AN ACT CONCERNING RESIDENTIAL HEATING OIL AND PROPANE CONTRACTS. (As amended by Senate Amendment Schedule "A").

PLANNING AND DEVELOPMENT. S. B. No. 213 (RAISED) (File No. 74) AN ACT CONCERNING INTERNET ACCESS FOR REGISTRARS OF VOTERS.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 234 (RAISED) (File No. 200) AN ACT CONCERNING CERTAIN SOCIAL SERVICES PROGRAMS. (As amended by Senate Amendment Schedule "A").

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 237 (RAISED) (File No. 236) AN ACT CONCERNING THE SHARING OF INFORMATION BETWEEN THE LABOR DEPARTMENT AND INSTITUTIONS OF HIGHER EDUCATION. (As amended by Senate Amendment Schedule "A").

APPROPRIATIONS. Substitute for S. B. No. 299 (RAISED) (File No. 407) AN ACT CONCERNING MINOR REVISIONS TO THE EDUCATION STATUTES. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 309 (RAISED) (File No. 422) AN ACT CONCERNING PROBATE COURT OPERATIONS.

HUMAN SERVICES. Substitute for S. B. No. 310 (RAISED) (File No. 423) AN ACT CONCERNING THE REMOVAL OF INDIVIDUALS FROM THE STATE CHILD ABUSE AND NEGLECT REGISTRY. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 315 (RAISED) (File No. 241) AN ACT PROHIBITING THE UNNECESSARY COLLECTION OF SOCIAL SECURITY NUMBERS. (As amended by Senate Amendment Schedule "A").

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 323 (RAISED) (File No. 190) AN ACT CONCERNING CRANE OPERATIONS. (As amended by Senate Amendment Schedule "A").

APPROPRIATIONS. Substitute for S. B. No. 347 (RAISED) (File Nos. 265 and 589) AN ACT CONCERNING THE STATE'S OPEN SPACE PLAN. (As amended by Senate Amendment Schedule "A").

GENERAL LAW. Substitute for S. B. No. 371 (RAISED) (File No. 281) AN ACT CONCERNING THE ADMINISTRATION OF INJECTABLE VACCINES TO ADULTS IN PHARMACIES.

APPROPRIATIONS. Substitute for S. B. No. 391 (RAISED) (File No. 374) AN ACT EXPANDING ACCESS BY VETERANS TO PUBLIC ASSISTANCE PROGRAMS.

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 426 (RAISED) (File No. 473) AN ACT CONCERNING GEOGRAPHIC INFORMATION SYSTEMS AND GEOSPATIAL INFORMATION SYSTEMS DATA SHARING. (As amended by Senate Amendment Schedule "A").

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED TEMPORARILY

JUDICIARY. H. B. No. 5319 (RAISED) (File No. 88) AN ACT INCREASING FINES FOR VIOLATIONS OF MUNICIPAL BLIGHT ORDINANCES.

The bill was explained by Representative Berger of the 73rd who offered House Amendment Schedule "A" (LCO 4758) and moved its adoption.

The amendment was discussed by Representatives Smith of the 108th, Noujaim of the 74th, Shaban of the 135th, Aman of the 14th, Williams of the 68th and Miner of the 66th.

Representative Sharkey of the 88th District moved to pass over the matter temporarily.

On a voice vote the motion carried and House Bill No. 5319 was passed temporarily.

SUSPENSION OF THE RULES

HOUSE RESOLUTION ADOPTED

H. R. No. 11 REP. DONOVAN, 84th DIST. ; REP. CAFERO, 142nd DIST. ; REP. SAWYER, 55th DIST. ; REP. REED, 102nd DIST. RESOLUTION EXPRESSING SYMPATHY ON THE DEATH OF DOMINIC A. BUONOCORE.

Representative Sharkey of the 88th District moved for suspension of the rules for immediate consideration.

On a voice vote the motion carried.

The resolution was explained by Representative Sharkey of the 88th.

The resolution was discussed by Representatives Sawyer of the 55th, Reed of the 107th, Piscopo of the 76th, Cafero of the 142nd,

House Resolution No. 11 was adopted by a standing moment of silence.

The following is the Resolution:

Resolved by this House:

WHEREAS, on Monday, October 17, 2011, the State of Connecticut lost one of its distinguished former state representatives with the passing of Dominic A. Buonocore at the age of eighty-one; and

WHEREAS, he served the town of Branford for more than fifty years, having served nine terms on the Board of Selectmen, one term as First Selectman, six terms as Second Selectman and two terms as Third Selectman; and

WHEREAS, he served as a state lawmaker representing the 102nd District from 1993 to 1997; and

WHEREAS, in the Connecticut General Assembly, he served as a Ranking Member of the Executive and Legislative Nominations Committee, a member of the General Law Committee during his second term, and a member of the Labor and Public Employees and Planning and Development Committees during his first and second terms; and

WHEREAS, he was born in New Haven, the son of the late Amelia Casanova Buonocore; and

WHEREAS, he joined the U. S. Navy in 1950 and served as an intercommunications technician aboard submarines during the Korean War; and

WHEREAS, he was honorably discharged in 1954, but remained active in veteran's affairs as a member of Branford Legion Post 83, where he chaired committees, served as Judge Advocate and Post Commander and participated in the annual Veterans Appreciation Day program held at Branford High School; and

WHEREAS, he attended and graduated with a Bachelor of Science Degree from the University of New Haven and went on to earn his Master's Degree from Central Connecticut State University; and

WHEREAS, he taught electrical engineering at Waterbury State Technical College for twenty-four years; and

WHEREAS, he was an active parishioner of Saint Elizabeth Church; and

WHEREAS, he was a member of the Branford Representative Town Meeting, a member of the Branford Festival Committee and the Chairman of the Board of the Branford Recreation Department; and

WHEREAS, he coached Branford Little League during which time his teams captured five town championships; and

WHEREAS, the basketball court at Hammer field was named in his honor in June and he was inducted into the Branford Sports Hall of Fame in November; and

WHEREAS, he was the husband of Julia DellaCamera Buonocore and the late Nancy Rogers Buonocore; and

WHEREAS, he leaves behind several sisters, four sons and six grandchildren.

NOW, THEREFORE, BE IT RESOLVED, that the Connecticut General Assembly expresses its sincere sympathy and heartfelt condolences on the passing of Dominic A. Buonocore, whose death is a profound loss to the General Assembly, his family and friends, the town of Branford and the State of Connecticut;

BE IT FURTHER RESOLVED, that the clerks of the Senate and House of Representatives cause a copy of this resolution to be sent to the family of Dominic A. Buonocore as an expression of the high esteem and affection in which he was held.

DEPUTY SPEAKER KIRKLEY-BEY IN THE CHAIR

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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. H. B. No. 5532 (RAISED) (File No. 494) AN ACT CONCERNING THE CROSS-ENDORSEMENT OF CANDIDATES FOR PURPOSES OF MINORITY REPRESENTATION.

The bill was explained by Representative Morin of the 28th.

The bill was discussed by Representatives Hwang of the 134th, Sawyer of the 55th and Candelora of the 86th.

The Speaker ordered the vote be taken by roll call at 1: 37 p. m.

The following is the result of the vote:

Total Number Voting 141

Necessary for Passage 71

Those voting Yea 111

Those voting Nay 30

Those absent and not voting 10

On a roll call vote House Bill No. 5532 was passed.

The following is the roll call vote:

SPEAKER DONOVAN IN THE CHAIR

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

APPROPRIATIONS. Substitute for H. B. No. 5365 (RAISED) (File No. 443) AN ACT CONCERNING COURT OPERATIONS AND VICTIM SERVICES.

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

DEPUTY SPEAKER KIRKLEY-BEY IN THE CHAIR

The bill was discussed by Representative Fox of the 146th who offered House Amendment Schedule "A" (LCO 4854) and moved its adoption.

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

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 4854):

Strike section 3 in its entirety and renumber the remaining sections and internal references accordingly.

In line 74, before "amount" insert "fine"

In line 412, strike "Any senior judge of the"

Strike lines 413 to 416, inclusive, in their entirety and insert the following in lieu thereof:

"The Chief Justice or an associate judge of the Supreme Court who elects to retain office but to retire from full-time active service, pursuant to subsection (b) of section 51-198, as amended by this act, may participate in any panel if the Chief Justice or at least one associate judge is disabled, disqualified or unavailable. "

Strike lines 425 and 426 in their entirety and insert the following in lieu thereof:

"disability, [or] disqualification or unavailability of one or more members, the Chief Justice or, in the case of his"

In line 767, after "commissioners," insert "intake, assessment and referral specialists,"

In line 824, strike the opening bracket before "in" and insert an opening bracket before "subdivision"

In lines 1090, 1142, 1324, 1357, 1373 and 1390 after "specialist", insert "employed by the Judicial Branch"

In line 1323, strike "an"

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

"Sec. 501. Section 52-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Service of civil process in any civil action or proceeding maintainable against or in any appeal authorized from the actions of, or service of any foreign attachment or garnishment authorized against, the state or against any institution, board, commission, department or administrative tribunal thereof, or against any officer, servant, agent or employee of the state or of any such institution, board, commission, department or administrative tribunal, as [such] the case may be, may be made by a proper officer (1) leaving a true and attested copy of the process, including the declaration or complaint, with the Attorney General at the [Attorney General's] office of the Attorney General in Hartford, or (2) sending a true and attested copy of the process, including the summons and complaint, by certified mail, return receipt requested, to the Attorney General at the [Attorney General's] office of the Attorney General in Hartford.

(b) In any civil action commenced by a person who is incarcerated against the state or any institution, board, commission, department or administrative tribunal thereof, or against any officer, servant, agent or employee of the state or of any such institution, board, commission, department or administrative tribunal, as the case may be, service of process on all defendants in such civil action, who are sued in their official capacity, shall be accomplished by a proper officer (1) leaving one true and attested copy of the process, including the declaration or complaint, with the Attorney General at the office of the Attorney General in Hartford, or (2) sending one true and attested copy of the process, including the summons and complaint, by certified mail, return receipt requested, to the Attorney General at the office of the Attorney General in Hartford.

Sec. 502. Subsection (a) of section 52-259b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) In any civil or criminal matter, if the court finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process and that the matter is not frivolous, the court shall waive such fee or fees and the cost of service of process shall be paid by the state.

Sec. 503. Subsection (c) of section 19a-112f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) The Sexual Assault Forensic Examiners Advisory Committee shall terminate on June 30, [2012] 2013. "

The bill was discussed by Representative Rowe of the 123rd.

The Speaker ordered the vote be taken by roll call at 1: 55 p. m.

The following is the result of the vote:

Total Number Voting 140

Necessary for Passage 71

Those voting Yea 140

Those voting Nay 0

Those absent and not voting 11

On a roll call vote House Bill No. 5365 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

SPEAKER DONOVAN IN THE CHAIR

REPRESENTATIVE ROY OF THE 119TH DISTRICT IN THE CHAIR

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.

PUBLIC HEALTH. H. B. No. 5497 (RAISED) (File No. 321) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE REGULATION OF HEARING INSTRUMENT SPECIALISTS AND AUDIOLOGISTS.

The bill was explained by Representative Rowe of the 123rd who offered House Amendment Schedule "A" (LCO 4175) and moved its adoption.

The amendment was discussed by Representatives Mushinsky of the 85th and Miller of the 122nd.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 4175):

Strike lines 55 to 62, inclusive, and substitute the following in lieu thereof:

"(b) (1) Except as provided in subsection (c) of this section, for registration periods beginning on and after October 1, 2014, a licensee applying for license renewal shall earn not less than sixteen hours of continuing education within the preceding twenty-four-month period.   Such continuing education shall consist of courses offered or approved by the National Board of Certification in Hearing Instrument Sciences, the American Academy of Audiology or the American Speech-Language Hearing Association or such successor organizations as may be approved by the Commissioner of Public Health.

(2) Each licensee applying for license renewal pursuant to section 19a-88, except a licensee applying for a license renewal for the first time, shall sign a statement attesting that he or she has satisfied the continuing education requirements described in subdivision (1) of this subsection on a form prescribed by the department. Each licensee shall retain records of attendance or certificates of completion that demonstrate compliance with the continuing education requirements described in subdivision (1) of this subsection for not less than three years following the date on which the continuing education was completed. Each licensee shall submit such records to the department for inspection not later than forty-five days after a request by the department for such records.

(3) In individual cases involving medical disability or illness, the commissioner may grant a waiver of the continuing education requirements or an extension of time within which to fulfill such requirements of this subsection to any licensee, provided the licensee submits to the department an application for waiver or extension of time on a form prescribed by the commissioner, along with a certification by a licensed physician of the disability or illness and such other documentation as may be required by the department. The commissioner may grant a waiver or extension for a period not to exceed one registration period, except that the commissioner may grant additional waivers or extensions if the medical disability or illness upon which a waiver or extension is granted continues beyond the period of the waiver or extension and the licensee applies for an additional waiver or extension.

(c) A licensee applying for the first time for license renewal pursuant to section 19a-88 is exempt from the continuing education requirements of this section.

(d) A licensee whose license has become void pursuant to section 19a-88 and who applies to the department for reinstatement of such license, shall submit evidence documenting the successful completion of eight hours of continuing education within the one-year period immediately preceding application for reinstatement. "

The bill was discussed by Representatives Cafero of the 142nd, Fleischmann of the 18th and Sharkey of the 88th.

The Speaker ordered the vote be taken by roll call at 2: 18 p. m.

The following is the result of the vote:

Total Number Voting 142

Necessary for Passage 72

Those voting Yea 142

Those voting Nay 0

Those absent and not voting 9

On a roll call vote House Bill No. 5497 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

SPEAKER DONOVAN IN THE CHAIR

REPRESENTATIVE GIBBONS OF THE 150TH DISTRICT IN THE CHAIR

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

JUDICIARY. Substitute for H. B. No. 5328 (RAISED) (File No. 89) AN ACT ESTABLISHING A FINE ART SECURED LENDING LICENSE.

The bill was explained by Representative Taborsak of the 109th who offered House Amendment Schedule "A" (LCO 4234) and moved its adoption.

The amendment was discussed by Representatives Rebimbas of the 70th and Yaccarino of the 87th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 4234):

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

"Section 1. (NEW) (Effective October 1, 2012) (a) For purposes of sections 1 to 8, inclusive, of this act, "fine art" means any (1) drawing; (2) painting; (3) sculpture; (4) mosaic; (5) photograph; (6) work of calligraphy; (7) work of graphic art, including any etching, lithograph, offset print, silkscreen or other work of graphic art; (8) craft work in clay, textile, fiber, metal, plastic or other material; (9) art work in mixed media, including any collage, assemblage or other work combining any of the artistic media named in this definition, or combining any of said media with other media; or (10) a master from which copies of an artistic work can be made, such as a mold or a photographic negative, with a market value of at least two thousand five hundred dollars. "Fine art" shall not include (A) commissioned work prepared under contract for trade or advertising usage, provided the artist, prior to creating the work, has signed an agreement stating that said work shall be a commissioned work which may be altered without consent, and (B) work prepared by an employee within the scope of such employee's employment duties.

(b) No person shall, in any city or town of this state, engage in or carry on the business of loaning money upon deposits or pledges of fine art unless such person is licensed in accordance with section 2 of this act. The provisions of sections 1 to 8, inclusive, of this act shall apply only if such fine art is deposited with a lender, and shall not apply to loans made upon stock, bonds, notes or other written or printed evidence of ownership of fine art or of indebtedness to the holder or owner of any such securities.

Sec. 2. (NEW) (Effective October 1, 2012) (a) The licensing authority of any town or city may grant licenses to suitable persons to be fine art secured lenders in such town or city respectively, and may suspend or revoke such licenses for cause, which shall include, but not be limited to, failure to comply with any requirements for licensure specified by the licensing authority at the time of issuance. For purposes of this section and sections 3 and 5 of this act, "licensing authority" means the chief of police of any town or city or, if such town or city does not have an organized local police department, the Commissioner of Emergency Services and Public Protection.

(b) The person so licensed shall pay, for the benefit of any such city or town, respectively, or if the licensing authority of such city or town is the Commissioner of Emergency Services and Public Protection, for the benefit of the Department of Emergency Services and Public Protection, to the licensing authority a license fee of fifty dollars and twenty-five dollars per year thereafter for renewal of such license, and shall, at the time of receiving such license, file, with the licensing authority of such city or town, a bond to such city or town, with competent surety, in the penal sum of two thousand dollars, to be approved by such licensing authority and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed, unless such person is also licensed as a secondhand dealer in accordance with section 21-47d of the general statutes, in which case the licensing authority shall waive the payment of renewal fees and filing of a bond required by this subsection.

(c) Each such license shall designate the place where such business is to be carried on and shall be in effect for one year unless sooner suspended or revoked. Such license shall be displayed in a conspicuous location in the place where such business is carried on. At the time of application for such license and each renewal thereof, the applicant shall disclose to the licensing authority all places used or intended to be used by the business for the purchase, receipt, storage or sale of fine art. During the term of such license, the licensee shall notify the licensing authority of any additional places that will be used by the business for the purchase, receipt, storage or sale of fine art prior to such use.

(d) An application for such license shall be made in writing, under oath. The application shall contain: (1) The type of business to be engaged in; (2) the applicant's full name, age, and date and place of birth; (3) the applicant's residence addresses and places of employment within the preceding five years; (4) the applicant's present occupation; (5) any crime of which the applicant has been convicted, and the date and place of such conviction; and (6) such additional information as the licensing authority deems necessary to investigate the qualifications, character, competency and integrity of the applicant. If the applicant is a corporation, limited liability company, partnership or association, the application shall contain the information required by this subsection for each individual who is or will be an officer, shareholder, financial backer, other than a financial institution, of such entity or any other individual with a relationship to such entity similar to that of an officer, shareholder or financial backer.

(e) The application for such license and any renewal thereof shall identify or provide the address for any Internet web site or account used by such applicant to conduct the business. During the term of the license, the licensee shall notify the licensing authority, in writing, of the addition or discontinuation of any Internet web site or account used to conduct the business.

(f) No license shall be issued under this section by the licensing authority to any person who has been convicted of a felony. The licensing authority may require any applicant, employee or person with an ownership interest in the business to submit to state and national criminal history records checks. Whenever the licensing authority requires such criminal history records checks, such individual shall submit two complete sets of fingerprints on forms prescribed by the licensing authority. Any criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a of the general statutes. The licensing authority may charge the individual a fee equal to the fees established by the Federal Bureau of Investigation and the State Police Bureau of Identification for performing such criminal history records checks.

(g) The licensing authority shall grant or deny an application for a license not later than ninety days after the filing of such application with the licensing authority. A licensee seeking renewal of such license shall file an application for renewal at least sixty days before the expiration of such license and the licensing authority shall grant or deny such renewal not later than thirty days after the filing of such application for renewal. The licensing authority may suspend, revoke or modify any license issued under this section at any time during the period of the license for good cause shown, upon notice to the licensee and following a hearing. The licensing authority shall hold any such hearing not later than thirty days after the date of issuance of such notice and shall issue a decision not more than fourteen days after any hearing. Any person aggrieved by any action of the licensing authority in denying, suspending, revoking, modifying or refusing to renew a license issued pursuant to this section may appeal from such action to the Superior Court.

Sec. 3. (NEW) (Effective October 1, 2012) (a) No fine art secured lender shall take, receive or purchase fine art without receiving proof of the identity of the person depositing, pledging or selling the fine art. Such identification shall include a photograph, an address, if available on the identification, and an identifying number, including, but not limited to, date of birth. No fine art secured lender shall enter into any pledge or purchase transaction with a minor unless such minor is accompanied by such minor's parent or guardian.

(b) Each such fine art secured lender shall maintain a computerized record keeping system deemed appropriate by the licensing authority, in which shall be entered in English, at the time the secured lender receives any article of fine art by way of pledge, deposit or purchase, a description of such article, the name, residence address, proof of identity as required in subsection (a) of this section and a general description of the person from whom, and the date and hour when such fine art was received and in which, if the fine art does not contain any identifiable numbers or markings, shall be included a digital photograph of each article. Each entry in the record keeping system shall be numbered consecutively. A tag shall be attached to the article in a visible and convenient place with a number written on such tag corresponding to the entry number in the record keeping system and shall remain attached to the article until the article is sold or otherwise disposed of, provided the licensing authority shall prescribe procedures authorizing the removal of such tags from articles, including those articles consisting of jewelry that are cleaned and repaired on the premises by the fine art secured lender, that will provide accountability for such articles. Such tag shall be visible in a digital photograph taken in accordance with this section. Detailed information regarding transactions involving sums taken or received for the purpose of participating in secured art transactions, whether through a collective fund or otherwise, shall be entered into and maintained in the system by the fine art secured lender. Such record keeping system and the place where such business is carried on and all articles of fine art therein may be examined at all times by any state police officer, municipal police officer, the licensing authority or any person designated by them. Any state police officer or municipal police officer who performs such an examination may require any employee on the premises to provide proof of the employee's identity. All records maintained pursuant to this section shall be retained by the fine art secured lender for not less than two years.

(c) Except as provided in subsection (d) of this section, the description of any fine art received by a fine art secured lender under this section shall include, but not be limited to, all distinguishing marks, names of any kind, including serial numbers, engravings, etchings, affiliation with any institution or organization, dates, initials, color, vintage or image represented. Any description of media of any kind shall also include the title and artist or any other identifying information contained on the cover or external surface of such media.

(d) The licensing authority may provide for an exemption from, or establish additional or different requirements than, the requirements of subsection (c) of this section upon consideration of the nature of the fine art, transaction or business, including, but not limited to, articles in bulk lots.

Sec. 4. (NEW) (Effective October 1, 2012) (a) Each fine art secured lender shall, at the time of making any loan on a deposit or pledge of fine art or of purchasing such fine art on condition of selling the same back again at a stipulated price, deliver to the person who deposits, pledges or sells such fine art a memorandum or note containing (1) the entry required by the provisions of section 3 of this act to be made in such fine art secured lender's computerized record keeping system, and (2) a statement signed by the person who deposits, pledges or sells such fine art representing and warranting that: (A) Such fine art is not stolen and has no liens or encumbrances against it, (B) such person is the rightful owner of such fine art and has the right to enter into the transaction, and (C) such person will indemnify and hold harmless such fine art secured lender for any loss arising from the transaction because of a superior right of possession to the fine art residing with a third person. Each such fine art secured lender may charge the person who deposits, pledges or sells such fine art a fee for such memorandum or note, the processing and recording of the transaction, the storage of the fine art, any insurance for the fine art and any appraisal of the fine art. Each such fine art secured lender shall pay for any fine art received by deposit, pledge or purchase only by check, draft, wire or money order and shall not pay cash for any such fine art except when the fine art secured lender cashes a check, draft or money order for the person who is depositing, pledging or selling the fine art. When the fine art secured lender cashes a check, draft or money order, such fine art secured lender shall require proof of the identity of the person presenting the check, draft or money order in accordance with subsection (a) of section 3 of this act.

(b) No fine art secured lender or person who loans money on the deposit or pledge of fine art shall take or receive, for the use of money loaned on fine art, any more than two per cent per month or fraction thereof.

(c) Each check, draft or money order used to pay for fine art received by a fine art secured lender shall contain the number or numbers associated with such fine art in the record keeping system maintained in accordance with section 3 of this act. Whenever payment is made by check, the fine art secured lender shall retain the electronic copy of such check or other record issued by the financial institution that processed such check, and such copy or record shall be subject to examination pursuant to section 3 of this act as part of such record keeping system. No fine art secured lender shall cash any check, draft or money order issued by such fine art secured lender in an amount in excess of one thousand dollars and no person shall structure any transaction or transactions to avoid this prohibition. Any transaction or transactions between a fine art secured lender and the same party within a twenty-four-hour period shall be aggregated and considered a single transaction for the purposes of this subsection.

Sec. 5. (NEW) (Effective October 1, 2012) Each fine art secured lender shall submit quarterly to the licensing authority a sworn statement of his or her transactions, describing the fine art received and summarizing the nature and terms of each transaction. Such statement shall be in an electronic format prescribed by the licensing authority. The licensing authority may grant an exemption from the requirement of submitting such statement in electronic format for good cause shown. Each fine art secured lender shall maintain a written record of the name and residence address and a description of each person from whom the fine art was received and shall make such written record available to law enforcement authorities upon request.

Sec. 6. (NEW) (Effective October 1, 2012) Whenever property is seized from the place of business of a fine art secured lender by a law enforcement officer, such officer shall give the fine art secured lender a duly signed receipt for the fine art containing a case number, a description of the fine art, the reason for the seizure, the name and address of the officer, the name and address of the person claiming a right to the fine art prior to the fine art secured lender and the name of the fine art secured lender. If the fine art secured lender claims an ownership interest in such fine art, he or she may request the return of such fine art by filing a request for such fine art with the law enforcement agency in accordance with the provisions of section 54-36a of the general statutes. If the person who deposited, pledged or sold any fine art received by a fine art secured lender is convicted of any offense arising out of such fine art secured lender's acquisition, retention or disposition of the fine art and such fine art secured lender suffered an economic loss as a result of such offense, the court, at the time of sentencing, may order restitution to such fine art secured lender pursuant to subsection (c) of section 53a-28 of the general statutes and such order may be enforced in accordance with section 53a-28a of the general statutes.

Sec. 7. (NEW) (Effective October 1, 2012) No fine art secured lender shall sell or dispose of any fine art left with such fine art secured lender in deposit or pledge for money loaned or as a result of the purchase of such fine art on condition of selling the same back again at a stipulated price in less than sixty days from the date when the same is left in deposit or pledge or purchased on condition of selling the same back again at a stipulated price, except when such sale or disposition is to the person who deposited, pledged or sold such fine art or an authorized agent of such person. All such fine art may be sold or disposed of at the place of business of such fine art secured lender or at public sale after such sixty-day period. Upon the expiration of sixty days from the date when such fine art is left with a fine art secured lender, if the person who deposited or pledged such fine art fails to redeem any such fine art in accordance with the terms of the transaction, such right of redemption or repurchase on the part of the person who deposited or pledged such fine art shall be extinguished and the fine art secured lender shall acquire the entire interest in the fine art that was held by the person who deposited or pledged such fine art prior to such deposit or pledge without further notice to such person. The provisions of this subsection shall not apply if a fine art secured lender and a person who leaves fine art with such lender have entered into a contract regarding the disposal of such fine art.

Sec. 8. (NEW) (Effective October 1, 2012) (a) Any person who wilfully engages in the business of a fine art secured lender, unless licensed according to law, or after notice that his or her license has been suspended or revoked, shall be guilty of a class D felony.

(b) Any person who wilfully violates any provision of sections 1 to 7, inclusive, of this act for which no other penalty is provided shall be guilty of a class A misdemeanor.

Sec. 9. (NEW) (Effective October 1, 2012) The provisions of sections 1 to 8, inclusive, of this act shall not apply to any bank, out-of-state bank or any affiliate of a bank or out-of-state bank, as such terms are defined in section 36a-2 of the general statutes. "

The bill was discussed by Representatives Sharkey of the 88th and Cafero of the 142nd.

The Speaker ordered the vote be taken by roll call at 2: 41 p. m.

The following is the result of the vote:

Total Number Voting 144

Necessary for Passage 73

Those voting Yea 144

Those voting Nay 0

Those absent and not voting 7

On a roll call vote House Bill No. 5328 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

SPEAKER DONOVAN IN THE CHAIR

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.

JUDICIARY. H. B. No. 5319 (RAISED) (File No. 88) AN ACT INCREASING FINES FOR VIOLATIONS OF MUNICIPAL BLIGHT ORDINANCES.

The bill which was passed over temporarily earlier today was explained by Representative Berger of the 73rd.

DEPUTY SPEAKER KIRKLEY-BEY IN THE CHAIR

The bill was discussed by Representative Berger of the 73rd who offered House Amendment Schedule "A" (LCO 4758 - designated earlier today).

Representative Berger of the 73rd then withdrew House Amendment Schedule "A" (LCO 4758).

The bill was further discussed by Representative Berger of the 73rd who offered House Amendment Schedule "B" (LCO 4919) and moved its adoption.

The amendment was discussed by Representatives Wright of the 41st, Smith of the 108th, Ackert of the 8th and Carter of the 2nd.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "B" (LCO 4919):

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

"Section 1. Subsection (a) of section 8-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) As used in this section:

(1) "Aggrieved person" means a person aggrieved by a decision of a board and includes any officer, department, board or bureau of the municipality charged with enforcement of any order, requirement or decision of the board. In the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, "aggrieved person" includes any person owning land in this state that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.

(2) "Board" means a municipal zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or other board or commission the decision of which may be appealed pursuant to this section, or the chief elected official of a municipality, or such official's designee, in a hearing held pursuant to section 22a-250, whose decision may be appealed.

Sec. 2. Subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(xv) Make and enforce regulations for the prevention and remediation of housing blight, including regulations reducing assessments and authorizing designated agents of the municipality to enter property during reasonable hours for the purpose of remediating blighted conditions, provided such regulations define housing blight and require such municipality to give written notice of any violation to the owner and occupant of the property and provide a reasonable opportunity for the owner and occupant to remediate the blighted conditions prior to any enforcement action being taken, and further provided such regulations shall not authorize such municipality or its designated agents to enter any dwelling house or structure on such property, and including regulations establishing a duty to maintain property and specifying standards to determine if there is neglect; prescribe [fines] civil penalties for the violation of such regulations of not less than ten or more than one hundred dollars for each day that a violation continues and, if such [fines] civil penalties are prescribed, such municipality shall adopt a citation hearing procedure in accordance with section 7-152c.

Sec. 3. (NEW) (Effective October 1, 2012) (a) Except as provided in subsection (b) of this section, any person who, after written notice and a reasonable opportunity to remediate blighted conditions, wilfully violates any regulation adopted pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148 of the general statutes, as amended by this act, concerning the prevention and remediation of housing blight shall be fined by the state not more than two hundred fifty dollars for each day for which it can be shown, based on actual inspection of the property on each such day, that the blighted conditions continued to exist after written notice to the owner or occupant as provided in this section, and the expiration of a reasonable opportunity to remediate.

(b) Any person who is a new owner or new occupant shall, upon request, be granted a thirty-day extension of the notice and opportunity to remediate provided pursuant to subsection (a) of this section. For the purposes of this section, "new owner" means any person or entity who has taken title to a property within thirty days of the notice, and "new occupant" means any person who has taken occupancy of a property within thirty days of the notice.

Sec. 4. Section 7-148aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

Any unpaid [fine] penalty imposed by a municipality pursuant to the provisions of an ordinance regulating blight, adopted pursuant to subparagraph (H)(xv) of subdivision (7) of subsection (c) of section 7-148, as amended by this act, shall constitute a lien upon the real estate against which the [fine] penalty was imposed from the date of such [fine] penalty. Each such lien may be continued, recorded and released in the manner provided by the general statutes for continuing, recording and releasing property tax liens. Each such lien shall take precedence over all other liens filed after July 1, 1997, and encumbrances except taxes and may be enforced in the same manner as property tax liens. "

The bill was further discussed by Representatives Butler of the 72nd, Sampson of the 80th and Grogins of the 129th.

The Speaker ordered the vote be taken by roll call at 3: 03 p. m.

The following is the result of the vote:

Total Number Voting 142

Necessary for Passage 72

Those voting Yea 129

Those voting Nay 13

Those absent and not voting 9

On a roll call vote House Bill No. 5319 as amended by House Amendment Schedule "B" was passed.

The following is the roll call vote: