Journal of the Senate 04/26/2012

The prayer was offered by the Deputy Chaplain, Rabbi Philip Lazowski of Bloomfield, Connecticut.

Our thought for today is from Prophet Job 12: 13. “With God is our wisdom and strength, He has counsel and understanding. ”

Almighty God, we ask your blessings, for our Senators, for its leaders and advisors, and for all who exercise just and rightful authority. Teach them the insights of our constitution, that they may administer all affairs of our beloved state fairly. That peace and security, happiness and prosperity, justice and freedom may forever abide in our midst.

As we work together for the people of this State of Connecticut, may we do what is right and pleasing You. Lead us in trust and integrity. Bless our President, our nation, our state and our leaders. Keep our defenders of freedom in your safe care.

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

JUDICIARY. Substitute for S. B. No. 94 (RAISED) (File No. 192) AN ACT CONCERNING THE EQUAL TREATMENT OF RENTERS WITH MENTAL DISABILITIES.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 190 (RAISED) (File No. 194) AN ACT ESTABLISHING A TASK FORCE TO STUDY THE RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS REGARDING BED BUG INFESTATION.

The following bill was taken from the table, read the third time, the report of the Committees accepted and the bills placed on the Consent Calendar No. 1.

AGING. Substitute for S. B. No. 282 (RAISED) (File No. 124) AN ACT CONCERNING THE RETURN OF A GIFT TO A PERSON IN NEED OF LONG-TERM CARE SERVICES.

Senator Prague of the 19th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3080) and moved adoption.

In line 16, after the period insert a closing bracket and after the closing bracket insert

"(3) A penalty period imposed against an institutionalized individual as a result of the transfer of an asset shall be reduced pursuant to this subdivision if an amount less than the entire amount of the transferred asset is returned to the institutionalized individual. The penalty period shall be reduced by the portion of the penalty period attributable to such amount. "

On motion of Looney of the 11th , the bill as amended by Senate Amendment Schedule “A” (LCO 3080) was placed on Consent Calendar No. 1.

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Judiciary.

PUBLIC HEALTH. Substitute for S. B. No. 137 (RAISED) (File No. 419) AN ACT CONCERNING FEAR OF RETALIATION TRAINING IN NURSING HOME FACILITIES.

Senator Prague of the 19th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3966) and moved adoption.

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

"Sec. 501. (NEW) (Effective October 1, 2012) Any employee of a nursing home who retaliates in any manner against a resident of such nursing home because the resident filed a complaint or voiced a grievance relating to the care or services provided by or conditions in the nursing home shall be guilty of a class B misdemeanor. "

On motion of Senator Looney of the 11th, the bill as amended Senate Amendment Schedule “A” (LCO 3966) was referred to the Committee on Judiciary.

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill with Senate Amendment Schedule “A” (LCO 3773) designated was Passed Temporarily.

JUDICIARY. S. B. No. 141 (RAISED) (File No. 463) AN ACT CONCERNING SENIOR SAFETY ZONES.

Senator McKinney of the 28th offered Senate Amendment Schedule “A” (LCO 3773) and moved adoption.

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

"Sec. 501. (NEW) (Effective October 1, 2012) (a) No person who is required to register under section 54-251, 54-252, 54-253 or 54-254 of the general statutes shall enter a school building, except that any such person who (1) is employed in a position that might require providing services to or in such school building, or (2) has a child who attends the school may enter such school building to provide such services or visit such child at the discretion of such person's probation or parole officer or, if such person is not on probation or parole, at the discretion of the chief of police of the police department or resident state trooper for the municipality in which such school is located, at such times and for such periods as such officer, chief or trooper may prescribe, and provided such person gives notice to the principal of the school that such person will be in the school building.

(b) Notwithstanding subsection (a) of this section, any person required to register under section 54-251, 54-252, 54-253 or 54-254 of the general statutes may enter a school building for purposes of participating in an activity not sponsored or organized by the school, including, but not limited to, voting in a municipal, state or federal election. "

On motion of Senator Looney of the 11th, the bill was Passed Temporarily with (LCO 3773) designated Senate Amendment Schedule “A”.

On the motion of Senator Looney of the 11th, Senate Bill No. 282 as amended by Senate Amendment Schedule “A” (LCO 3080) was removed from the Consent Calendar No. 1.

The following bill was taken from the table, read the third time, the reports of the Committees accepted and the bill placed on the Consent Calendar.

APPROPRIATIONS. Substitute for S. B. No. 143 (RAISED) (File No. 518) AN ACT INCREASING ELIGIBILITY FOR THE ALZHEIMER RESPITE CARE PROGRAM.

Remarking were Senators Kane of the 32nd, McKinney of the 28th, Kissel of the 7th, Kelly of the 21st and Crisco of the 17th.

On motion of Senator Prague of the 19th, the bill was placed on the Consent Calendar No. 1.

The following favorable reports were received from the Joint Standing Committee indicated, the bills were read the second time and tabled for the calendar.

ENVIRONMENT. S. B. No. 345 (RAISED) (File No. 371) AN ACT CONCERNING MUNICIPAL FLOOD AND EROSION CONTROL BOARDS.

APPROPRIATIONS. Substitute for S. B. No. 1 (COMM) (File No. 400) AN ACT CONCERNING JOBS AND THE ECONOMY.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 24 (File No. 416) AN ACT CONCERNING EDUCATIONAL COMPETITIVENESS.

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

PLANNING AND DEVELOPMENT. S. B. No. 351 (RAISED) (File No. 277) AN ACT CONCERNING CERTAIN CEMETERY EROSION MITIGATION EFFORTS WITHIN THE COASTAL BOUNDARY.

Senator Meyer of the 12th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3817) and moved adoption.

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

"Sec. 501. Section 22a-6h of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2012):

(NEW) (d) Not later than thirty days after the date on which the commissioner publishes or causes to be published notice of the commissioner's tentative determination regarding an application under Section 401 of the federal Water Pollution Control Act, 33 USC 466, such applicant may submit a written request to the commissioner to conduct a hearing on such application in accordance with the provisions of chapter 54. The commissioner shall grant any such request provided such request is submitted in writing and filed in a timely manner. Any person that is aggrieved by the commissioner's final decision on such application may appeal such decision to the Superior Court, in accordance with section 4-183.

Sec. 502. Subsection (b) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(b) The commissioner, at least thirty days before approving or denying an application for a permit, shall provide or require the applicant to provide [,] notice by certified mail, return receipt requested, or by electronic means to the applicant, to the Commissioner of Transportation, the Attorney General and the Commissioner of Agriculture and to the chief executive officer, the chairmen of the planning, zoning, harbor management and shellfish commissions of each town in which such structure, fill, obstruction, encroachment or dredging is to be located or work to be performed, and to the owner of each franchised oyster ground and the lessee of each leased oyster ground within which such work is to be performed and shall publish such notice once in a newspaper having a substantial circulation in the area affected. [,] Such notice [of] shall contain (1) the name of the applicant; (2) the location and nature of the proposed activities; (3) the tentative decision regarding the application; and (4) any additional information the commissioner deems necessary. There shall be a comment period following the public notice during which interested persons may submit written comments. The commissioner may hold a public hearing prior to approving or denying an application if, in the commissioner's discretion, the public interest will best be served by holding such hearing. The commissioner shall hold a public hearing if the commissioner receives: [a petition] : (A) A written request for such public hearing from the applicant, or (B) a petition, signed by twenty-five or more persons requesting such public hearing [that is signed by twenty-five or more persons and] on an application that will: [(A)] (i) Significantly impact any shellfish area, as determined by the director of the Bureau of Aquaculture at the Department of Agriculture, [(B)] (ii) have interstate ramifications, or [(C)] (iii) involve any project that requires a certificate issued pursuant to section 16-50k or approval by the Federal Energy Regulatory Commission. Following such notice and comment period and public hearing, if applicable, the commissioner may, in whole or in part, approve, modify and approve or deny the application. The commissioner shall provide to the applicant and the persons set forth above, by certified mail, return receipt requested, or by electronic means, notice of the commissioner's decision. If the commissioner requires the applicant to provide the notice specified in this subsection, the applicant shall certify to the commissioner, [no] not later than twenty days after providing such notice, that such notice has been provided in accordance with this subsection. Any person who is aggrieved by the commissioner's final decision on such application may appeal such decision to the Superior Court in accordance with section 4-183. "

On motion of Meyer of the 12th, the bill as amended was placed the Consent Calendar No. 1.

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill with Senate Amendment Schedule “B” (LCO 3613) designated was Passed Temporarily.

FINANCE, REVENUE AND BONDING. S. B. No. 289 (RAISED) (File No. 125) AN ACT CONCERNING THE ESTABLISHMENT OF TOLLS FOR THE EXTENSION OF ROUTE 11.

Senator Suzio of the 13th offered Senate Amendment Schedule “A” (LCO 3576) and moved adoption.

On the roll call vote Senate Amendment Schedule “A” (LCO 3576) was Rejected.

	N	1	JOHN W. FONFARA			N	19	EDITH G. PRAGUE
	N	2	ERIC D. COLEMAN			N	20	ANDREA STILLMAN
	N	3	GARY D. LEBEAU		Y		21	KEVIN KELLY
	N	4	STEVE CASSANO			N	22	ANTHONY MUSTO
	N	5	BETH BYE			N	23	EDWIN A. GOMES
	N	6	TERRY B. GERRATANA		Y		24	MICHAEL A. MCLACHLAN
Y		7	JOHN A. KISSEL			N	25	BOB DUFF
Y		8	KEVIN WITKOS		Y		26	TONI BOUCHER
	N	9	PAUL DOYLE			N	27	CARLO LEONE
	N	10	TONI N. HARP		Y		28	JOHN MCKINNEY
	N	11	MARTIN M. LOONEY			N	29	DONALD E. WILLIAMS, JR.
	N	12	EDWARD MEYER		Y		30	ANDREW W. RORABACK
Y		13	LEN SUZIO		Y		31	JASON WELCH
	N	14	GAYLE SLOSSBERG		Y		32	ROBERT J. KANE
	N	15	JOAN V. HARTLEY	A			33	EILEEN M. DAILY
Y		16	JOE MARKLEY		Y		34	LEONARD FASANO
	N	17	JOSEPH J. CRISCO, JR.		Y		35	ANTHONY GUGLIELMO
	N	18	ANDREW MAYNARD		Y		36	L. SCOTT FRANTZ

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

"Sec. 501. Section 14-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) No person, firm or corporation shall engage in the business of operating a wrecker for the purpose of towing or transporting motor vehicles, including motor vehicles which are disabled, inoperative or wrecked or are being removed in accordance with the provisions of section 14-145, 14-150 or 14-307, unless such person, firm or corporation is a motor vehicle dealer or repairer licensed under the provisions of subpart (D) of this part. (2) The commissioner shall establish and publish a schedule of uniform rates and charges for the nonconsensual towing and transporting of motor vehicles and for the storage of motor vehicles which shall be just and reasonable. Upon petition of any person, firm or corporation licensed in accordance with the provisions of this section, but not more frequently than once every two years, the commissioner shall reconsider the established rates and charges and shall amend such rates and charges if the commissioner, after consideration of the factors stated in this subdivision, determines that such rates and charges are no longer just and reasonable. In establishing and amending such rates and charges, the commissioner may consider factors, including, but not limited to, the Consumer Price Index, rates set by other jurisdictions, charges for towing and transporting services provided pursuant to a contract with an automobile club or automobile association licensed under the provisions of section 14-67 and rates published in standard service manuals. The commissioner shall hold a public hearing for the purpose of obtaining additional information concerning such rates and charges. (3) With respect to the nonconsensual towing or transporting and the storage of motor vehicles, no such person, firm or corporation shall charge more than the rates and charges published by the commissioner. Any person aggrieved by any action of the commissioner under the provisions of this section may take an appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

(b) The commissioner, or an inspector authorized by the commissioner, shall examine each wrecker, including its number, equipment and identification, and shall determine the mechanical condition of such wrecker and whether or not it is properly equipped to do the work intended. A wrecker shall be deemed properly equipped if there are two flashing yellow lights installed and mounted on such wrecker that (1) show in all directions at all times, and (2) indicate the full width of such wrecker. Such lights shall be mounted not less than eight feet above the road surface and as close to the back of the cab of such wrecker as practicable. Such lights shall be in operation when such wrecker is towing a vehicle and when such wrecker is at the scene of an accident or the location of a disabled motor vehicle. In addition, each wrecker shall be equipped with a spot light mounted so that its beam of light is directed toward the hoisting equipment in the rear of such wrecker. The hoisting equipment of each wrecker shall be of sufficient capacity to perform the service intended and shall be securely mounted to the frame of such vehicle. A fire extinguisher shall be carried at all times on each wrecker which shall be in proper working condition, mounted in a permanent bracket on each wrecker and have a minimum rating of eight bc. A set of three flares in operating condition shall be carried at all times on each wrecker and shall be used between the periods of one-half hour after sunset and one-half hour before sunrise when the wrecker is parked on a highway while making emergency repairs or preparing to pick up a disabled vehicle to remove it from a highway or adjoining property. No registrant or operator of any wrecker shall offer to give any gratuities or inducements of any kind to any police officer or other person in order to obtain towing business or recommendations for towing or storage of, or estimating repairs to, disabled vehicles. No licensee shall require the owner to sign a contract for the repair of such owner's damaged vehicle as part of the towing consideration or to sign an order for the repair of, or authorization for estimate until the tow job has been completed. No licensee shall tow a vehicle in such a negligent manner as to cause further damage to the vehicle being towed.

(c) Each wrecker used for towing or transporting motor vehicles shall be registered as a wrecker by the commissioner for a fee of one hundred twenty-five dollars. Each such registration shall be renewed biennially according to renewal schedules established by the commissioner so as to effect staggered renewal of all such registrations. If the adoption of a staggered system results in the expiration of any registration more or less than two years from its issuance, the commissioner may charge a prorated amount for such registration fee.

(d) An owner of a wrecker may apply to the commissioner for a general distinguishing number and number plate for the purpose of displaying such number plate on a motor vehicle temporarily in the custody of such owner and being towed or transported by such owner. The commissioner shall issue such number and number plate to an owner of a wrecker (1) who has complied with the requirements of this section, and (2) whose wrecker is equipped in accordance with subsection (b) of this section. The commissioner shall charge a fee to cover the cost of issuance and renewal of such number plates.

(e) With respect to the nonconsensual towing or transporting of a motor vehicle, no licensee may tow or transport a vehicle to the premises of any person, firm or corporation engaged in the storage of vehicles for compensation unless such person, firm or corporation adheres to the storage charges published by the commissioner.

(f) The provisions of this section shall not apply to [: (1) Any] any person, firm, [or] corporation [licensed as a motor vehicle dealer under the provisions of subpart (D) of this part, towing] or association: (1) Towing or transporting a motor vehicle, [for salvage purposes,] provided such person, firm or corporation is licensed as a motor vehicle dealer under the provisions of subpart (D) of this part, or is a contractor of such dealer, and does not offer direct towing or wrecker service to the public or engage in nonconsensual towing or transporting; (2) [any person, firm or corporation] operating as an automobile club or automobile association licensed under section 14-67; (3) [any person, firm or corporation] operating as a motor vehicle recycler licensed under section 14-67l or any contractor of such recycler, provided such recycler or its contractor does not offer direct towing or wrecker service to the public or engage in nonconsensual towing or transporting; (4) [any person, firm or corporation engaged] engaging in the business of repossession of motor vehicles for lending institutions; [or] (5) [any person, firm or corporation] towing motor vehicles owned or leased by such person, firm, association or corporation; (6) towing or transporting motor vehicles for hire, with the appropriate operating authority as defined in 49 CFR 390. 5, as amended from time to time, provided such person, firm, corporation or association does not offer direct towing or wrecker service to the public or engage in nonconsensual towing or transporting; or (7) towing motor vehicles to or from an auction conducted by a dealer licensed under the provisions of subpart (D) of this part, provided such person, firm, corporation or association does not offer direct towing or wrecker service to the public or engage in nonconsensual towing or transporting.

(g) For the purposes of this section, "nonconsensual towing or transporting" means the towing or transporting of a motor vehicle in accordance with the provisions of section 14-145 or for which arrangements are made by order of a law enforcement officer or traffic authority, as defined in section 14-297.

(h) Any person, firm, corporation or association that violates the provisions of this section shall, for a first offense, be deemed to have committed an infraction and be fined not less that two hundred dollars, and for a second or subsequent offense, shall be fined not less than three hundred dollars. "

Senator Markley of the 16th offered Senate Amendment Schedule “B” (LCO 3613) and moved adoption.

Remarking were Senators Gerratana of the 6th, Suzio of the 13th, Cassano of the 4th, Frantz of the 36th and Kissel of the 7th.

On motion of Senator Looney of the 11th, the bill was Passed Temporarily with (LCO 3613) designated Senate Amendment Schedule “B”.

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

JUDICIARY. Substitute for S. B. No. 114 (RAISED) (File No. 418) AN ACT CONCERNING SERVICES FOR VETERANS IN PRETRIAL DIVERSIONARY PROGRAMS.

On motion of Senator Leone of the 27th, the bill was placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 116 (RAISED) (File No. 517) AN ACT CONCERNING A STATE MILITARY ACCOUNT FOR MORALE, WELFARE AND RECREATION PROGRAMS.

Senator Leone of the 27th explained the bill and on his motion it was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 198 (RAISED) (File No. 519) AN ACT CONCERNING DESECRATION OF WAR OR VETERANS' MEMORIALS.

On motion of Senator Leone of the 27th, the bill was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 263 (RAISED) (File No. 49) AN ACT CONCERNING LIABILITY OF ZONING ENFORCEMENT OFFICERS.

Remarking were Senators Duff of the 25th, Leone of the 27th, and McKinney of the 28th.

On motion of Senator Cassano of the 4th, the bill was placed on the Consent Calendar No. 1.

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

FINANCE, REVENUE AND BONDING. S. B. No. 289 (RAISED) (File No. 125) AN ACT CONCERNING THE ESTABLISHMENT OF TOLLS FOR THE EXTENSION OF ROUTE 11.

Senator Kissel of the 7th offered Senate Amendment Schedule “B” (LCO 3613) that was designated earlier today.

Remarking were Senators Kissel of the 7th, Markley of the 16th, Maynard of the 18th, Stillman of the 20th, McLachlan of the 24th, Roraback of the 30th, LeBeau of the 3rd, Witkos of the 8th, Guglielmo of the 35th, Cassano of the 4th, Suzio of the 13th, Bye of the 5th, and McKinney of the 28th.

On the roll call vote Senate Amendment Schedule “B” (LCO 3613) was Rejected.

A			1	JOHN W. FONFARA			N	19	EDITH G. PRAGUE
		N	2	ERIC D. COLEMAN			N	20	ANDREA STILLMAN
		N	3	GARY D. LEBEAU		Y		21	KEVIN KELLY
		N	4	STEVE CASSANO			N	22	ANTHONY MUSTO
		N	5	BETH BYE			N	23	EDWIN A. GOMES
		N	6	TERRY B. GERRATANA		Y		24	MICHAEL A. MCLACHLAN
	Y		7	JOHN A. KISSEL			N	25	BOB DUFF
	Y		8	KEVIN WITKOS		Y		26	TONI BOUCHER
	Y		9	PAUL DOYLE			N	27	CARLO LEONE
		N	10	TONI N. HARP		Y		28	JOHN MCKINNEY
		N	11	MARTIN M. LOONEY			N	29	DONALD E. WILLIAMS, JR.
		N	12	EDWARD MEYER		Y		30	ANDREW W. RORABACK
	Y		13	LEN SUZIO		Y		31	JASON WELCH
		N	14	GAYLE SLOSSBERG		Y		32	ROBERT J. KANE
		N	15	JOAN V. HARTLEY	A			33	EILEEN M. DAILY
	Y		16	JOE MARKLEY		Y		34	LEONARD FASANO
		N	17	JOSEPH J. CRISCO, JR.		Y		35	ANTHONY GUGLIELMO
		N	18	ANDREW MAYNARD		Y		36	L. SCOTT FRANTZ

Remarking were Senators Maynard of the 18th, Boucher of the 26th, McLachlan of the 24th, Maynard of the 18th, Kissel of the 7th, McLachlan of the 24th and Stillman of the 20th.

Remarking were Senators Duff of the 25th, Frantz of the 36th and Boucher of the 26th.

Y		1	JOHN W. FONFARA	Y		19	EDITH G. PRAGUE
Y		2	ERIC D. COLEMAN	Y		20	ANDREA STILLMAN
Y		3	GARY D. LEBEAU		N	21	KEVIN KELLY
Y		4	STEVE CASSANO	Y		22	ANTHONY MUSTO
Y		5	BETH BYE	Y		23	EDWIN A. GOMES
Y		6	TERRY B. GERRATANA		N	24	MICHAEL A. MCLACHLAN
	N	7	JOHN A. KISSEL	Y		25	BOB DUFF
	N	8	KEVIN WITKOS		N	26	TONI BOUCHER
Y		9	PAUL DOYLE	Y		27	CARLO LEONE
Y		10	TONI N. HARP		N	28	JOHN MCKINNEY
Y		11	MARTIN M. LOONEY	Y		29	DONALD E. WILLIAMS, JR.
Y		12	EDWARD MEYER		N	30	ANDREW W. RORABACK
	N	13	LEN SUZIO		N	31	JASON WELCH
Y		14	GAYLE SLOSSBERG		N	32	ROBERT J. KANE
Y		15	JOAN V. HARTLEY	Y		33	EILEEN M. DAILY
	N	16	JOE MARKLEY		N	34	LEONARD FASANO
Y		17	JOSEPH J. CRISCO, JR.		N	35	ANTHONY GUGLIELMO
Y		18	ANDREW MAYNARD		N	36	L. SCOTT FRANTZ

The following favorable reports were received from the Joint Standing Committee indicated, the bills were read the second time and tabled for the calendar.

FINANCE, REVENUE AND BONDING. S. B. No. 75 (RAISED) (File No. 24) AN ACT CONCERNING A "CONNECTICUT-MADE" MARKETING CAMPAIGN.

FINANCE, REVENUE AND BONDING. S. B. No. 220 (RAISED) (File No. 19) AN ACT CONCERNING NAVIGATION, COASTAL ACCESS AND CLEAN MARINAS.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 415 (RAISED) (File No. 456) AN ACT CONCERNING THE OPERATIONS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION, THE ESTABLISHMENT OF A COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY PROGRAM, WATER CONSERVATION AND THE OPERATIONS OF THE CLEAN ENERGY FINANCE AND INVESTMENT AUTHORITY.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 450 (RAISED) (File No. 434) AN ACT CONCERNING ENERGY CONSERVATION AND RENEWABLE ENERGY, ENERGY INFRASTRUCTURE IMPROVEMENTS, ENERGY EQUIPMENT EFFICIENCY, TREE TRIMMING AND ELECTRIC VEHICLE INFRASTRUCTURE.

GENERAL LAW. Substitute for S. B. No. 274 (RAISED) (File No. 365) AN ACT CONCERNING CHEMICALS OF CONCERN TO CHILDREN.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 291 (RAISED) (File No. 524) AN ACT ESTABLISHING A YOUTH EMPLOYMENT SYSTEM.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 353 (RAISED) (File No. 525) AN ACT CONCERNING THE STATE'S SECOND INJURY FUND.

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

APPROPRIATIONS. H. B. No. 5443 (RAISED) (File No. 447) AN ACT CONCERNING BENEFITS FOR SURVIVING SPOUSES UNDER THE TEACHERS' RETIREMENT SYSTEM.

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

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

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

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

APPROPRIATIONS. Substitute for H. B. No. 5445 (RAISED) (File No. 569) AN ACT CONCERNING SUPPLEMENTAL PAYMENTS UNDER THE CONNECTICUT ENERGY ASSISTANCE PROGRAM. (As amended by House Amendment Schedule "A").

On motion of Senator Looney of the 11th, the rules were suspended to take up the following Bill and place on the Consent Calendar in accordance with Senate Rule 31.

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Appropriations.

HUMAN SERVICES. 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.

Senator Gerratana of the 6th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3989) and moved adoption.

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

"Section 1. Section 17a-10a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) The Commissioner of Children and Families shall ensure that a child placed in the care and custody of the commissioner pursuant to an order of temporary custody or an order of commitment is provided visitation with such child's parents and siblings, unless otherwise ordered by the court.

(b) The commissioner shall ensure that such child's visits with his or her parents shall occur as frequently as reasonably possible, based upon consideration of the best interests of the child, including the age and developmental level of the child, and shall be sufficient in number and duration to ensure continuation of the relationship.

(c) If such child has an existing relationship with a sibling and is separated from such sibling as a result of intervention by the commissioner including, but not limited to, placement in a foster home or in the home of a relative, the commissioner shall, based upon consideration of the best interests of the child, ensure that such child has access to and visitation rights with such sibling throughout the duration of such placement. In determining the number, frequency and duration of [such] sibling visits, the commissioner shall consider the best interests of each sibling, given each child's age and developmental level and the continuation of the sibling relationship. If the child and his or her sibling both reside within the state and within fifty miles of each other, the commissioner shall, within available appropriations, ensure that such child's visits with his or her sibling occur, on average, not less than once per week, unless the commissioner finds that the frequency of such visitation is not in the best interests of each sibling.

(d) The commissioner shall include in each child's plan of treatment information relating to the factors considered in making visitation determinations pursuant to this section. If the commissioner determines that such visits are not in the best interests of the child, that the occurrence of, on average, not less than one visit per week with his or her sibling is not in the best interests of each sibling, or that the number, frequency or duration of the visits requested by the child's attorney or guardian ad litem is not in the best interests of the child, the commissioner shall include the reasons for such determination in the child's plan of treatment.

(e) On or before October first of each year, the commissioner shall report, in accordance with the provisions of section 11-4a, to the select committee of the General Assembly having cognizance of matters relating to children, data sufficient to demonstrate compliance with subsections (a), (c) and (d) of this section.

Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, "Youth Advisory Board" means a board established by each Department of Children and Families regional office that is comprised of youth in out-of-home care.

(b) The Commissioner of Children and Families shall meet with the members of each Youth Advisory Board to gather recommendations for and to draft a "Sibling Bill of Rights", which may include, but not be limited to, ways to protect the relationships of siblings separated as a result of said commissioner's intervention and an affirmation by the department of its commitment to preserve the relationships between siblings who have been separated from each other while under department care. On or before October 1, 2013, the commissioner and members of the Youth Advisory Boards shall submit the Sibling Bill of Rights to the select committee of the General Assembly having cognizance of matters relating to children for consideration of possible legislative action.

(c) The Commissioner of Children and Families shall incorporate the final version of the Sibling Bill of Rights into department policy and share such policy with each child placed in the care and custody of the commissioner pursuant to an order of temporary custody or an order of commitment. "

On motion of Senatpr Looney of the 11th, the bill as amended by Senate Amendment Schedule “A” (LCO 3080) was referred the Committee on Appropriations.

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

PUBLIC SAFETY AND SECURITY. H. B. No. 5096 (RAISED) (File No. 171) AN ACT CONCERNING THE FIREARMS EVIDENCE DATABANK.

Senator Hartley of the 15th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3829) and moved adoption.

In line 56, insert an opening bracket after "laboratory", strike the opening bracket after "shall" and after the closing bracket insert "may"

On motion of Senator Hartley of the 15th, the bill as amended by Senate Amendment Schedule “A” (LCO 3829) was placed on Consent Calendar No. 1.

JUDICIARY. S. B. No. 196 (RAISED) (File No. 33) AN ACT CONCERNING THE RECORDING OF PISTOL AND REVOLVER SALES IN A BOUND BOOK.

Senator Hartley of the 15th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3460) and moved adoption.

On motion of Senator Hartley of the 15th, the bill as amended by Senate Amendment Schedule “A” (LCO 3460) was placed on Consent Calendar No. 1.

ENERGY AND TECHNOLOGY. S. B. No. 62 (RAISED) (File No. 158) AN ACT CONCERNING THE CONNECTICUT PUBLIC SAFETY DATA NETWORK.

Senator Hartley of the 15^th, explained the bill and on her motion it was placed on the Consent Calendar No. 1.

JUDICIARY. S. B. No. 64 (RAISED) (File No. 159) AN ACT CONCERNING REGULATION OF FIREARMS.

On motion of Senator Hartley of the 15th, the bill was placed on Consent Calendar No. 1.

INSURANCE AND REAL ESTATE. S. B. No. 12 (RAISED) (File No. 6) AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR BREAST MAGNETIC RESONANCE IMAGING.

Senator Hartley of the 15th offered Senate Amendment Schedule “A” (LCO 3956) and moved adoption.

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

"Section 1. Subsection (a) of section 38a-492k of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(a) Each individual health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, amended, renewed or continued in this state shall provide coverage for colorectal cancer screening, including, but not limited to, (1) an annual fecal occult blood test, and (2) colonoscopy, flexible sigmoidoscopy or radiologic imaging, in accordance with the recommendations established by the [American College of Gastroenterology, after consultation with the] American Cancer Society, [and the American College of Radiology,] based on the ages, family histories and frequencies provided in the recommendations. Except as specified in subsection (b) of this section, benefits under this section shall be subject to the same terms and conditions applicable to all other benefits under such policies.

Sec. 2. Subsection (a) of section 38a-518k of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(a) Each group health insurance policy providing coverage of the type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, issued for delivery, amended, renewed or continued in this state shall provide coverage for colorectal cancer screening, including, but not limited to, (1) an annual fecal occult blood test, and (2) colonoscopy, flexible sigmoidoscopy or radiologic imaging, in accordance with the recommendations established by the [American College of Gastroenterology, after consultation with the] American Cancer Society, [and the American College of Radiology,] based on the ages, family histories and frequencies provided in the recommendations. Except as specified in subsection (b) of this section, benefits under this section shall be subject to the same terms and conditions applicable to all other benefits under such policies. "

On motion of Senator Hartley of the 15th, the bill as amended by Senate Amendment Schedule “A” (LCO 3956) was placed on Consent Calendar No. 1.

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. S. B. No. 14 (RAISED) (File No. 7) AN ACT CONCERNING HEALTH INFORMATION TECHNOLOGY WEEK.

Y	1	JOHN W. FONFARA	A			19	EDITH G. PRAGUE
Y	2	ERIC D. COLEMAN		Y		20	ANDREA STILLMAN
Y	3	GARY D. LEBEAU		Y		21	KEVIN KELLY
Y	4	STEVE CASSANO		Y		22	ANTHONY MUSTO
Y	5	BETH BYE		Y		23	EDWIN A. GOMES
Y	6	TERRY B. GERRATANA		Y		24	MICHAEL A. MCLACHLAN
Y	7	JOHN A. KISSEL		Y		25	BOB DUFF
Y	8	KEVIN WITKOS		Y		26	TONI BOUCHER
Y	9	PAUL DOYLE		Y		27	CARLO LEONE
Y	10	TONI N. HARP			N	28	JOHN MCKINNEY
Y	11	MARTIN M. LOONEY		Y		29	DONALD E. WILLIAMS, JR.
Y	12	EDWARD MEYER		Y		30	ANDREW W. RORABACK
Y	13	LEN SUZIO		Y		31	JASON WELCH
Y	14	GAYLE SLOSSBERG			N	32	ROBERT J. KANE
Y	15	JOAN V. HARTLEY		Y		33	EILEEN M. DAILY
Y	16	JOE MARKLEY		Y		34	LEONARD FASANO
Y	17	JOSEPH J. CRISCO, JR.		Y		35	ANTHONY GUGLIELMO
Y	18	ANDREW MAYNARD		Y		36	L. SCOTT FRANTZ

APPROPRIATIONS. S. B. No. 98 (RAISED) (File No. 18) AN ACT CONCERNING DEDUCTIBLES AND GUIDELINES FOR COLONOSCOPIES.

Senator Crisco of the 17th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3995) and moved adoption.

In line 1, strike "Section" and insert "Subsection (b) of section" in lieu thereof

In line 26, strike "Section" and insert "Subsection (b) of section" in lieu thereof

In line 48, bracket "subsection" and after the closing bracket insert "subdivision"

Remarking were Senators McKinney of the 28th, Boucher of the 26th, Kelly of the 21st and Kane of the 32nd.

Senator Boucher of the 26th offered Senate Amendment Schedule “B” (LCO 4074) and moved adoption.

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

"Section 1. Subsection (b) of section 38a-492k of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy; or

(2) A coinsurance, copayment, deductible or other out-of-pocket expense for any additional colonoscopy ordered in a policy year by a physician for an insured. The provisions of this [subsection] subdivision shall not apply to a high deductible health plan as that term is used in subsection (f) of section 38a-493.

(3) If a screening colonoscopy and a gastrointestinal endoscopy is performed during the same physician visit, such physician shall be reimbursed separately for each such procedure.

Sec. 2. Subsection (b) of section 38a-518k of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2013):

(1) A deductible for a procedure that a physician initially undertakes as a screening colonoscopy or a screening sigmoidoscopy; or

(3) If a screening colonoscopy and a gastrointestinal endoscopy is performed during the same physician visit, such physician shall be reimbursed separately for each such procedure. "

Senator Boucher of the 26th withdrew Senate Amendment Schedule “B” (LCO 4074)

On the roll call vote Senate Bill No. 98 as amended by Senate Amendment “A” (LCO 3995) was Passed.

Y	1	JOHN W. FONFARA	A			19	EDITH G. PRAGUE
Y	2	ERIC D. COLEMAN		Y		20	ANDREA STILLMAN
Y	3	GARY D. LEBEAU		Y		21	KEVIN KELLY
Y	4	STEVE CASSANO		Y		22	ANTHONY MUSTO
Y	5	BETH BYE		Y		23	EDWIN A. GOMES
Y	6	TERRY B. GERRATANA		Y		24	MICHAEL A. MCLACHLAN
Y	7	JOHN A. KISSEL		Y		25	BOB DUFF
Y	8	KEVIN WITKOS		Y		26	TONI BOUCHER
Y	9	PAUL DOYLE		Y		27	CARLO LEONE
Y	10	TONI N. HARP		Y		28	JOHN MCKINNEY
Y	11	MARTIN M. LOONEY		Y		29	DONALD E. WILLIAMS, JR.
Y	12	EDWARD MEYER		Y		30	ANDREW W. RORABACK
Y	13	LEN SUZIO			N	31	JASON WELCH
Y	14	GAYLE SLOSSBERG			N	32	ROBERT J. KANE
Y	15	JOAN V. HARTLEY		Y		33	EILEEN M. DAILY
Y	16	JOE MARKLEY		Y		34	LEONARD FASANO
Y	17	JOSEPH J. CRISCO, JR.		Y		35	ANTHONY GUGLIELMO
Y	18	ANDREW MAYNARD		Y		36	L. SCOTT FRANTZ

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Finance, Revenue and Bonding.

INSURANCE AND REAL ESTATE. S. B. No. 319 (RAISED) (File No. 127) AN ACT EXEMPTING CERTAIN INDIVIDUALS FROM CASUALTY ADJUSTER LICENSING REQUIREMENTS.

Senator Crisco of the 17th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3746) and moved adoption.

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

(1) "Portable electronics insurance" means insurance coverage for the repair or replacement of a portable electronic device and accessories of such device because of loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss and Internet, video, audio or telephone service related to the use of such device. "Portable electronics insurance" does not include (A) an extended warranty, as defined in section 42-260 of the general statutes, as amended by this act, (B) an insurance policy covering a seller's or manufacturer's obligations under a warranty, or (C) a homeowners, renter's or other insurance policy that includes coverage similar to portable electronics insurance;

(2) "Portable electronic device" means any self-contained, easily carried, battery-operated electronic equipment for personal use for communicating, viewing, listening, recording, playing video games, computing or global positioning, including a cellular or satellite telephone, paging device, personal global positioning system unit, portable computer, audio listening or audio recording device, video viewing or video recording device, digital camera, portable video game system, telephone answering machine, docking or charging station for any portable electronic device, and other similar device;

(3) "Buyer" means a person who leases or purchases a portable electronic device;

(4) "Enrolled buyer" means a buyer who elects coverage under a portable electronics insurance policy;

(5) "Insurance producer" has the same meaning as provided in section 38a-702a of the general statutes;

(6) "Insurer" has the same meaning as provided in section 38a-1 of the general statutes;

(7) "Location" means any physical location in this state or any Internet web site or call center site directed at residents of this state;

(8) "Portable electronics transaction" means the lease or sale of a portable electronic device by a seller to a buyer;

(9) "Seller" means a person in the business of direct or indirect portable electronics transactions;

(10) "Supervising entity" means a business entity licensed as an insurer in this state and authorized to write personal or commercial risk insurance business in this state or an insurance producer licensed in this state, appointed by an insurer to supervise such insurer's portable electronics insurance program.

(b) (1) No seller shall offer or sell portable electronics insurance in this state without obtaining a portable electronics insurance license from the Insurance Commissioner as set forth in this subsection. Such license shall authorize any employee or authorized representative of such seller to offer or sell portable electronics insurance at each location where the seller engages in portable electronics transactions.

(2) No such employee or authorized representative shall be required to be licensed under chapter 701a of the general statutes, provided:

(A) The seller obtains and maintains such portable electronics insurance license;

(B) The insurer issuing a portable electronics insurance policy to the seller or a supervising entity of such insurer supervises the administration of the seller's portable electronics insurance program; and

(3) (A) (i) Any seller seeking to obtain a portable electronics insurance license shall submit an initial sworn application to the Insurance Department on a form prescribed by the Insurance Commissioner. Such application shall include (I) the name, residence address and other information as said commissioner may require for an employee or an officer of the seller that is designated by such seller as the individual responsible for the seller's compliance with this section. If the seller derives more than fifty per cent of its revenue from the sale of portable electronics insurance, the seller shall include the name, residence address and other information as said commissioner may require for all of the seller's shareholders who are directly or indirectly the beneficial owner of ten per cent or more of any class of security of such seller, and for all of its officers and directors, and (II) the address of the applicant's home office. Such application shall be accompanied by the fees set forth in section 38a-11 of the general statutes, as amended by this act. Each portable electronics insurance license shall be valid for two years.

(ii) Any seller seeking to renew a portable electronics insurance license shall submit to the Insurance Department any changes to the initial application and any other information the Insurance Commissioner may require and the renewal fee set forth in section 38a-11 of the general statutes, as amended by this act.

(B) Any seller offering or selling portable electronics insurance in this state prior to October 1, 2012, shall apply for a portable electronics insurance license not later than ninety days after the Insurance Commissioner makes the application for such license available. On and after October 1, 2012, a seller shall obtain such license prior to offering or selling portable electronics insurance in this state.

(c) At each location where a seller offers or sells portable electronics insurance to buyers, such seller shall make available to prospective buyers brochures or other written materials that contain all of the following:

(1) A disclosure that portable electronics insurance may duplicate insurance coverage already provided by a buyer's homeowners, renter's or other insurance policy;

(2) A statement that enrollment in portable electronics insurance is not required for a buyer to lease or purchase a portable electronics device;

(3) (A) The identity of the insurer issuing the portable electronics insurance policy, (B) the identity of the supervising entity of such insurer, if any, (C) the amount of any applicable deductible and a summary of how such deductible is to be paid, (D) the insurance policy benefits, and (E) key terms and conditions of such insurance policy, including, but not limited to, whether, under such insurance policy, portable electronic devices may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment;

(4) A summary of the process for filing a claim, including a description of how to return portable electronic devices and the maximum fee applicable if the buyer fails to comply with any equipment return requirements; and

(5) A statement that a buyer enrolled in a portable electronics insurance policy may cancel the insurance certificate at any time and that the person paying the premium will receive a refund of any applicable unearned premium.

(d) (1) If portable electronics insurance is included at no additional charge with the lease or purchase of a portable electronic device, the seller shall clearly and conspicuously disclose to the buyer that such insurance is included at no additional charge with the lease or purchase of a portable electronic device.

(2) A seller may bill for and collect premium payments for portable electronics insurance policies, provided:

(A) Any premium payment that is not included in the cost of the lease or purchase of a portable electronic device is itemized separately on the enrolled buyer's invoice; and

(B) The seller remits such premium payment to the insurer issuing such insurance policy not later than sixty days after the seller receives such payment. Such insurer shall not cancel an enrolled buyer's certificate on the basis of nonpayment of premium if such enrolled buyer timely pays such premium to the seller.

(3) A seller shall not be required to maintain premium payments collected pursuant to this subsection in a segregated account if such insurer authorizes the seller to commingle such payments. All such premium payments collected shall be held by the seller in a fiduciary capacity for the benefit of such insurer.

(4) A seller may receive compensation from such insurer for such billing and collection services, as agreed to by such insurer and such seller.

(e) (1) A portable electronics insurance policy shall not be issued, sold or offered for sale unless such insurance policy is issued by an insurer authorized to write such line of business in this state. Such insurance policy may be issued as a group policy or a master commercial inland marine policy to a seller for its enrolled buyers. An insurer authorized to issue a portable electronics insurance policy in this state shall file a copy of the form for such policy in accordance with subsection (c) of section 38a-676 of the general statutes, as amended by this act.

(2) An insurer that issues portable electronics insurance policies and does not directly supervise the administration of a seller's portable electronics insurance program shall appoint a supervising entity and shall provide the name and contact information of such supervising entity to the Insurance Commissioner and to any seller that offers or sells such insurance policy to buyers.

(3) The supervising entity shall maintain a registry of seller locations in this state that are authorized to offer or sell such insurer's portable electronics insurance policies in this state. Upon request by the Insurance Commissioner with at least ten days' notice, such supervising entity shall make such registry available during the regular business hours of such supervising entity to said commissioner or said commissioner's designee for inspection and examination.

(f) (1) An enrolled buyer may cancel a portable electronics insurance certificate at any time. Such cancellation may be (A) oral to the seller at the location where such enrolled buyer elected such coverage or a telephone number specified for such purpose, or (B) in writing, which writing shall be sent by first class mail or electronic means to (i) the insurer that issued such insurance policy if such enrolled buyer pays the premium to such insurer, or (ii) the seller if such seller collects the premium payment for such insurance policy. Not later than three days after a seller receives a cancellation, such seller shall notify, or forward such cancellation to, such insurer. Such insurer shall refund, not later than sixty days after receiving such cancellation, to the person who paid the premium any applicable unearned premium.

(2) (A) An insurer may cancel, terminate or change the terms and conditions of a portable electronics insurance policy only upon providing at least thirty days' written notice, sent by first class mail or electronic means, to the seller policyholder and enrolled buyers. If the insurer changes the terms and conditions of such insurance policy, such insurer shall provide the seller policyholder with a revised insurance policy or endorsement and each enrolled buyer with a revised certificate, endorsement, updated brochure or other materials that indicate a change in the terms and conditions of such insurance policy and a summary of the material changes.

(B) An insurer may cancel, with at least fifteen days' written notice, sent by first class mail or electronic means to the seller policyholder and enrolled buyers:

(i) A portable electronics insurance policy for nonpayment of premium by the seller policyholder or a portable electronics insurance certificate for nonpayment of premium by an enrolled buyer. Such seller policyholder or enrolled buyer may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation. If an enrolled buyer timely made a payment to the seller pursuant to subdivision (2) of subsection (d) of this section, such insurer shall not cancel such enrolled buyer's certificate for nonpayment of premium; or

(ii) A portable electronics insurance certificate for fraud or material misrepresentation by the enrolled buyer in obtaining such insurance coverage or in the presenting of a claim thereunder.

(i) Termination by an enrolled buyer of Internet, video, audio or telephone service from the seller; or

(ii) Exhaustion of the aggregate limit of liability, if any, of such insurance coverage, provided the insurer sends written notice of such cancellation by first class mail or electronic means to such enrolled buyer not later than thirty days after such buyer exhausts such limit. If such notice is not timely sent, coverage shall continue notwithstanding the aggregate limit of liability until the insurer sends such notice of cancellation to such enrolled buyer.

(3) A seller may terminate a portable electronics insurance policy at any time, provided such seller provides at least thirty days' written notice prior to such termination, by first class mail or electronic means, to the insurer issuing such insurance policy or to the supervising entity of such insurer and to each enrolled buyer, of such termination and the effective date of such termination.

(4) (A) Any written notices or correspondence sent pursuant to this subsection shall be sent to, as applicable, (i) the enrolled buyer at such enrolled buyer's last-known mailing address or electronic mail address on file with the insurer or the seller, (ii) the insurer at such insurer's mailing address or electronic mail address specified for such purpose, or (iii) the seller at such seller's mailing address or electronic mail address specified for such purpose. For purposes of this subsection, the provision of an enrolled buyer's electronic mail address by such enrolled buyer to the insurer or the seller shall be deemed consent by such enrolled buyer to receive such notices or correspondence by electronic mail.

(B) Each insurer or seller that sends a written notice or correspondence pursuant to this subsection shall maintain proof that such notice or correspondence was sent for not less than three years after such notice or correspondence was sent.

(C) A supervising entity may send a written notice or correspondence pursuant to this subsection on behalf of the insurer. Such supervising entity shall maintain proof that such notice or correspondence was sent for not less than three years after such notice or correspondence was sent.

(g) The Insurance Commissioner may suspend or revoke a portable electronics insurance license and impose a fine in addition to or in lieu of suspension or revocation, in accordance with section 38a-774 of the general statutes. In addition, in lieu of suspension or revocation, said commissioner may issue a cease and desist order suspending the privilege of offering or selling portable electronics insurance at specific locations of a seller or by specific employees or authorized representatives of such seller.

Sec. 2. Section 38a-792 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) (1) No person may act as an adjuster of casualty claims for any insurance company or firm or corporation engaged in the adjustment of casualty claims unless such person has first secured a license from the commissioner, and has paid the license fee specified in section 38a-11, for each two-year period or fraction thereof. Application for such license shall be made as provided in section 38a-769. [The commissioner may waive the requirement for examination in the case of any applicant for a casualty claims adjuster's license who is a nonresident of this state and who holds an equivalent license from any other state. ] Any such license issued by the commissioner shall be in force until the thirtieth day of June in each odd-numbered year unless sooner revoked or suspended. The [license] person may, [in] at the discretion of the commissioner, [be renewed] renew the license biennially upon payment of the fee specified in section 38a-11, as amended by this act. [The commissioner may waive the examination required under section 38a-769, in the case of an applicant who at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for. ]

(2) The commissioner may waive the examination required under section 38a-769, in the case of any applicant for a casualty adjuster's license that (A) is a nonresident of this state or has its principal place of business in another state, and holds an equivalent license from any other state, or (B) at any time within two years next preceding the date of application has been licensed in this state under a license of the same type as the license applied for.

(b) The commissioner may prescribe reasonable regulations, in accordance with the provisions of chapter 54, governing the licensing of casualty adjusters and the adjustment of casualty claims.

(c) Any person who violates any provision of this section shall be fined not more than two thousand dollars or imprisoned not more than one year or both.

(1) (A) Individual who, for purposes of claims for portable electronics insurance, as defined in section 1 of this act, only (i) collects claim information from or furnishes claim information to insureds or claimants, and (ii) conducts data entry, including data entry into an automated claims adjudication system, provided such individual is an employee of a casualty adjuster licensed in this state or an affiliate of such casualty adjuster and not more than twenty-five such individuals are under the supervision of such casualty adjuster or affiliate or an insurance producer licensed in this state. A licensed insurance producer acting pursuant to this subparagraph shall not be required to be licensed as a casualty adjuster.

(B) For purposes of this subdivision, "automated claims adjudication system" means a preprogrammed computer system, designed for the collection, data entry, calculation and final resolution of portable electronics insurance claims, that (i) is used only by a supervised individual, a casualty adjuster licensed in this state or an insurance producer licensed in this state, in accordance with subparagraph (A) of this subdivision, (ii) complies with all applicable claims payment requirements under this title, and (iii) if the casualty adjuster using such computer system is a business entity, is certified as complying with the provisions of this subdivision by an individual who is an officer of such business entity and who is licensed in this state as a casualty adjuster; and

(2) Member of the bar of this state in good standing who is engaged in the general practice of the law.

Sec. 3. Subsection (a) of section 38a-11 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 shall demand and receive the following fees: (1) For the annual fee for each license issued to a domestic insurance company, two hundred dollars; (2) for receiving and filing annual reports of domestic insurance companies, fifty dollars; (3) for filing all documents prerequisite to the issuance of a license to an insurance company, two hundred twenty dollars, except that the fee for such filings by any health care center, as defined in section 38a-175, shall be one thousand three hundred fifty dollars; (4) for filing any additional paper required by law, thirty dollars; (5) for each certificate of valuation, organization, reciprocity or compliance, forty dollars; (6) for each certified copy of a license to a company, forty dollars; (7) for each certified copy of a report or certificate of condition of a company to be filed in any other state, forty dollars; (8) for amending a certificate of authority, two hundred dollars; (9) for each license issued to a rating organization, two hundred dollars. In addition, insurance companies shall pay any fees imposed under section 12-211; (10) a filing fee of fifty dollars for each initial application for a license made pursuant to section 38a-769; (11) with respect to insurance agents' appointments: (A) A filing fee of fifty dollars for each request for any agent appointment, except that no filing fee shall be payable for a request for agent appointment by an insurance company domiciled in a state or foreign country which does not require any filing fee for a request for agent appointment for a Connecticut insurance company; (B) a fee of one hundred dollars for each appointment issued to an agent of a domestic insurance company or for each appointment continued; and (C) a fee of eighty dollars for each appointment issued to an agent of any other insurance company or for each appointment continued, except that (i) no fee shall be payable for an appointment issued to an agent of an insurance company domiciled in a state or foreign country which does not require any fee for an appointment issued to an agent of a Connecticut insurance company, and (ii) the fee shall be twenty dollars for each appointment issued or continued to an agent of an insurance company domiciled in a state or foreign country with a premium tax rate below Connecticut's premium tax rate; (12) with respect to insurance producers: (A) An examination fee of fifteen dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of fifteen dollars to the commissioner for each examination taken by an applicant; (B) a fee of eighty dollars for each license issued; (C) a fee of eighty dollars per year, or any portion thereof, for each license renewed; and (D) a fee of eighty dollars for any license renewed under the transitional process established in section 38a-784; (13) with respect to public adjusters: (A) An examination fee of fifteen dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of fifteen dollars to the commissioner for each examination taken by an applicant; and (B) a fee of two hundred fifty dollars for each license issued or renewed; (14) with respect to casualty adjusters: (A) An examination fee of twenty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty dollars to the commissioner for each examination taken by an applicant; (B) a fee of eighty dollars for each license issued or renewed; and (C) the expense of any examination administered outside the state shall be the responsibility of the entity making the request and such entity shall pay to the commissioner two hundred dollars for such examination and the actual traveling expenses of the examination administrator to administer such examination; (15) with respect to motor vehicle physical damage appraisers: (A) An examination fee of eighty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of eighty dollars to the commissioner for each examination taken by an applicant; (B) a fee of eighty dollars for each license issued or renewed; and (C) the expense of any examination administered outside the state shall be the responsibility of the entity making the request and such entity shall pay to the commissioner two hundred dollars for such examination and the actual traveling expenses of the examination administrator to administer such examination; (16) with respect to certified insurance consultants: (A) An examination fee of twenty-six dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty-six dollars to the commissioner for each examination taken by an applicant; (B) a fee of two hundred fifty dollars for each license issued; and (C) a fee of two hundred fifty dollars for each license renewed; (17) with respect to surplus lines brokers: (A) An examination fee of twenty dollars for each examination taken, except when a testing service is used, the testing service shall pay a fee of twenty dollars to the commissioner for each examination taken by an applicant; and (B) a fee of six hundred twenty-five dollars for each license issued or renewed; (18) with respect to fraternal agents, a fee of eighty dollars for each license issued or renewed; (19) a fee of twenty-six dollars for each license certificate requested, whether or not a license has been issued; (20) with respect to domestic and foreign benefit societies shall pay: (A) For service of process, fifty dollars for each person or insurer to be served; (B) for filing a certified copy of its charter or articles of association, fifteen dollars; (C) for filing the annual report, twenty dollars; and (D) for filing any additional paper required by law, fifteen dollars; (21) with respect to foreign benefit societies: (A) For each certificate of organization or compliance, fifteen dollars; (B) for each certified copy of permit, fifteen dollars; and (C) for each copy of a report or certificate of condition of a society to be filed in any other state, fifteen dollars; (22) with respect to reinsurance intermediaries, a fee of six hundred twenty-five dollars for each license issued or renewed; (23) with respect to life settlement providers: (A) A filing fee of twenty-six dollars for each initial application for a license made pursuant to section 38a-465a; and (B) a fee of forty dollars for each license issued or renewed; (24) with respect to life settlement brokers: (A) A filing fee of twenty-six dollars for each initial application for a license made pursuant to section 38a-465a; and (B) a fee of forty dollars for each license issued or renewed; (25) with respect to preferred provider networks, a fee of two thousand seven hundred fifty dollars for each license issued or renewed; (26) with respect to rental companies, as defined in section 38a-799, a fee of eighty dollars for each permit issued or renewed; (27) with respect to medical discount plan organizations licensed under section 38a-479rr, a fee of six hundred twenty-five dollars for each license issued or renewed; (28) with respect to pharmacy benefits managers, an application fee of one hundred dollars for each registration issued or renewed; (29) with respect to captive insurance companies, as defined in section 38a-91aa, a fee of three hundred seventy-five dollars for each license issued or renewed; (30) with respect to each duplicate license issued a fee of fifty dollars for each license issued; (31) with respect to surety bail bond agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty dollars for each initial application for a license, and (B) a fee of one hundred dollars for each license issued or renewed; [and] (32) with respect to third-party administrators, as defined in section 38a-720, (A) a fee of five hundred dollars for each license issued, (B) a fee of three hundred fifty dollars for each license renewed, and (C) a fee of one hundred dollars for each annual report filed pursuant to section 38a-720l; (33) with respect to portable electronics insurance licenses under section 1 of this act, (A) a filing fee of one hundred dollars for each initial application for a license, (B) a fee of five hundred dollars for each license issued, and (C) a fee of four hundred fifty dollars for each license renewed.

Sec. 4. Subdivision (1) of subsection (a) of section 42-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(1) "Extended warranty" means a contract or agreement to either perform or provide indemnification for the repair, replacement or maintenance of a product because of operational or structural failure of such product due to a defect in materials, skill or workmanship or normal wear and tear given for consideration over and above the lease or purchase price of a product. "Extended warranty" does not include portable electronics insurance, as defined in section 1 of this act.

Sec. 5. Subsection (c) of section 38a-676 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(c) The form of any insurance policy or contract (1) the rates for which are subject to the provisions of sections 38a-663 to 38a-696, inclusive, other than fidelity, surety or guaranty bonds, or (2) subject to section 1 of this act, and the form of any endorsement modifying such insurance policy or contract under subdivision (1) or (2) of this subsection, shall be filed with the Insurance Commissioner prior to its issuance. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, establishing a procedure for review of such policy or contract. If at any time the commissioner finds that any such policy, contract or endorsement is not in accordance with such provisions or any other provision of law, the commissioner shall issue an order disapproving the issuance of such form and stating the reasons for disapproval. The provisions of section 38a-19 shall apply to any such order issued by the commissioner. "

On motion of Senator Looney of the 11th, the bill as amended by Senate Amendment Schedule “A” (LCO 3746) was referred to the Committee on Finance, Revenue and Bonding.

The chair ordered the vote on business placed on the Consent Calendar be taken by roll call.

Y	1	JOHN W. FONFARA	A		19	EDITH G. PRAGUE
Y	2	ERIC D. COLEMAN		Y	20	ANDREA STILLMAN
Y	3	GARY D. LEBEAU		Y	21	KEVIN KELLY
Y	4	STEVE CASSANO		Y	22	ANTHONY MUSTO
Y	5	BETH BYE		Y	23	EDWIN A. GOMES
Y	6	TERRY B. GERRATANA		Y	24	MICHAEL A. MCLACHLAN
Y	7	JOHN A. KISSEL		Y	25	BOB DUFF
Y	8	KEVIN WITKOS		Y	26	TONI BOUCHER
Y	9	PAUL DOYLE		Y	27	CARLO LEONE
Y	10	TONI N. HARP		Y	28	JOHN MCKINNEY
Y	11	MARTIN M. LOONEY		Y	29	DONALD E. WILLIAMS, JR.
Y	12	EDWARD MEYER		Y	30	ANDREW W. RORABACK
Y	13	LEN SUZIO		Y	31	JASON WELCH
Y	14	GAYLE SLOSSBERG		Y	32	ROBERT J. KANE
Y	15	JOAN V. HARTLEY		Y	33	EILEEN M. DAILY
Y	16	JOE MARKLEY		Y	34	LEONARD FASANO
Y	17	JOSEPH J. CRISCO, JR.		Y	35	ANTHONY GUGLIELMO
Y	18	ANDREW MAYNARD		Y	36	L. SCOTT FRANTZ

On motion of Senator Looney of the 11th, the rules were suspended for immediate transmittal to the Governor House Bill 5445.

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Judiciary.

GENERAL LAW. Substitute for S. B. No. 315 (RAISED) (File No. 241) AN ACT PROHIBITING THE UNNECESSARY COLLECTION OF SOCIAL SECURITY NUMBERS.

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Judiciary.

PUBLIC HEALTH. Substitute for S. B. No. 270 (RAISED) (File No. 239) AN ACT CONCERNING CONSUMER PROTECTION.

On motion of Senator Looney of the 11th, the following matter was referred to the Committee on Public Safety and Security.

FINANCE, REVENUE AND BONDING. S. B. No. 354 (RAISED) (File No. 575) AN ACT CONCERNING THE ENHANCED EMERGENCY 9-1-1 PROGRAM.

On motion of Senator Looney of the 11th, the Senate at 10: 30 p. m. adjourned subject to the call of the chair.


This act shall take effect as follows and shall amend the following sections:
Sec. 501	October 1, 2012	New section


This act shall take effect as follows and shall amend the following sections:
Sec. 501	October 1, 2012	New section


This act shall take effect as follows and shall amend the following sections:
Sec. 501	October 1, 2012	22a-6h
Sec. 502	October 1, 2012	22a-361(b)


This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	17a-10a
Sec. 2	from passage	New section


This act shall take effect as follows and shall amend the following sections:
Section 1	January 1, 2013	38a-492k(a)
Sec. 2	January 1, 2013	38a-518k(a)