Journal of the Senate 04/27/2012

The prayer was offered by Acting Chaplain, Sarah L. Hamby of Pomfret, Connecticut.

God of liberty, we acknowledge your reign. For the freedom of our land for the rights we possess, For the security of our laws, we praise you and thank you. Give guidance to our leaders
watch over those who serve their country, raise up the poor, and exalt the humble. Make our nation great and strong, renowned in wisdom, prosperous in virtue, and renewed in faith.

destroy all signs of division: take away hatred and violence; fill us with your peace.
Make us one people, united in praising you, through Christ our Lord. Amen.

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

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.

HUMAN SERVICES. S. B. No. 419 (RAISED) (File No. 536) AN ACT CONCERNING RESPONSIBLE PARTY AGREEMENTS AND THE MAINTENANCE OF PROFESSIONAL LIABILITY INSURANCE BY NURSING HOMES, HOME HEALTH CARE AGENCIES AND HOMEMAKER-HOME HEALTH AIDE AGENCIES.

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

APPROPRIATIONS. Substitute for H. B. No. 5291 (RAISED) (File Nos. 141 and 596) AN ACT CONCERNING THE MINIMUM WAGE. (As amended by House Amendment Schedule "A").

ENERGY AND TECHNOLOGY. Substitute for H. B. No. 5378 (RAISED) (File No. 184) AN ACT CONCERNING THE MAXIMUM SURCHARGE FOR ENHANCED 9-1-1 SERVICE.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5021 (File Nos. 226 and 595) AN ACT CONCERNING COMPETITIVE ALCOHOLIC LIQUOR PRICING AND HOURS OF OPERATION FOR PERMITTEES. (As amended by House Amendment Schedule "A").

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5013 (RAISED) (File Nos. 5 and 594) AN ACT CONCERNING THE BOARD MEMBERS AND EMPLOYEES OF THE CONNECTICUT HEALTH INSURANCE EXCHANGE. (As amended by House Amendment Schedule "A").

PUBLIC HEALTH. H. B. No. 5389 (RAISED) (File Nos. 313 and 597) AN ACT CONCERNING THE PALLIATIVE USE OF MARIJUANA. (As amended by House Amendment Schedule "A").

The following resolutions were taken from the table, read the third time, the report of the Committee accepted and the bill placed on the Consent Calendar No. 1.

APPROPRIATIONS. Substitute for S. B. No. 150 (RAISED) (File No. 67) AN ACT CONCERNING FAMILY AND MEDICAL LEAVE BENEFITS FOR CERTAIN MUNICIPAL EMPLOYEES.

Remarking were Senators Gerratana of the 6th, Suzio of the 13th and Witkos of the 8th.

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

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. S. B. No. 194 (RAISED) (File No. 466) AN ACT CONCERNING THE POSTPONEMENT OF JURY DUTY FOR BREASTFEEDING MOTHERS.

Senator Gerratana of the 6th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4073) and moved adoption.

Remarking were Senators Boucher of the 26th, Suzio of the 13th and Witkos of the 8th.

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

"Section 1. (NEW) (Effective October 1, 2012) (a) The Judicial Branch shall maintain on its Internet web site a section providing prospective jurors with general information regarding jury service, including, but not limited to, information for breastfeeding women regarding their ability to postpone jury service. Said web site shall also provide contact information for Jury Administration in the event that a breastfeeding woman or other prospective juror would like to request that a reasonable accommodation be made.

(b) The Jury Administrator shall provide training to his or her staff and court staff on discrete issues and policy for breastfeeding women who have been summoned for jury service, including, but not limited to, reasonable accommodations that may be made. "

On motion of Gerratana of the 6th, the bill as amended by Senate Amendment Schedule “A” (LCO 4073) was placed on the Consent Calendar No. 1.

JUDICIARY. S. B. No. 366 (RAISED) (File No. 527) AN ACT CONCERNING THE ADMINISTRATOR OF THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.

On motion of Senator Coleman of the 2nd, the bill was placed on the 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.

PUBLIC HEALTH. Substitute for S. B. No. 13 (RAISED) (File No. 27) AN ACT CONCERNING A STUDY OF TELEMEDICINE SERVICES.

	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
A		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
A		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		Y		32	ROBERT J. KANE
A		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 following bill which was starred for action was placed on the Consent Calendar in accordance with Senate Rule 31.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 248 (RAISED) (File No. 406) AN ACT CONCERNING PROBATE FEES.

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

JUDICIARY. S. B. No. 243 (RAISED) (File No. 331) AN ACT CONCERNING CERTIFICATES OF MERIT.

Senator Coleman of the 2nd, explained the bill, offered Senate Amendment Schedule “A” (LCO 4063) and moved adoption.

Remarking were Senators Kissel of the 7th, Fasano of the 34th, McLachlan of the 24th, Suzio of the 13th and Looney of the 11th.

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

"Section 1. Section 52-190a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage and applicable to actions filed on or after said date):

(a) (1) No civil action or apportionment complaint shall be filed to recover damages resulting from personal injury or wrongful death occurring on or after October 1, 1987, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, unless the attorney or party filing the action or apportionment complaint has made a reasonable inquiry as permitted by the circumstances, including reasonable efforts to obtain a written opinion from a similar health care provider, as defined in section 52-184c, and if proceeding under subparagraph (B) of this subdivision, to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant. The complaint, initial pleading or apportionment complaint shall contain a certificate of the attorney or party filing the action or apportionment complaint that such reasonable inquiry gave rise to a good faith belief that grounds exist for an action against each named defendant or for an apportionment complaint against each named apportionment defendant. To show the existence of such good faith, the claimant or the claimant's attorney, and any apportionment complainant or the apportionment complainant's attorney, shall obtain a written and signed opinion of (A) a similar health care provider, as defined in section 52-184c, [which similar health care provider shall be selected pursuant to the provisions of said section,] or (B) from a health care provider who the court concludes, based on a review of the written opinion which shall include a detailed description indicating that the health care provider possesses sufficient training, knowledge and experience in the specific care, treatment or diagnosis at issue in the complaint within a five-year period before the incident giving rise in the complaint, so as to be able to testify as an expert as to the standard of care as to each defendant to whom the expert has issued an opinion. A written opinion from a health care provider pursuant to subparagraph (B) of this subdivision shall include a statement as to the existence of any board certifications in a related specialty and license to practice medicine in any jurisdictions. The conclusion of the court pursuant to subparagraph (B) of this subdivision shall be made without prejudice as to said health care provider should such health care provider's qualifications be challenged at trial. The written opinion shall state that there appears to be evidence of medical negligence and [includes] include a detailed basis for the formation of such opinion which identifies one or more breaches of the prevailing professional standard of care.

(2) Such written opinion shall not be subject to discovery by any party except for questioning the validity of the certificate. The claimant or the claimant's attorney, and any apportionment complainant or apportionment complainant's attorney, shall retain the original written opinion and shall attach a copy of such written opinion, with the name and signature of the similar health care provider expunged, to such certificate. The similar health care provider who provides such written opinion shall not, without a showing of malice, be personally liable for any damages to the defendant health care provider by reason of having provided such written opinion.

(3) In addition to such written opinion, the court may consider other factors with regard to the existence of good faith.

(4) If the court determines, after the completion of discovery, that such certificate was not made in good faith and that no justiciable issue was presented against a health care provider that fully cooperated in providing informal discovery, the court upon motion or upon its own initiative shall impose upon the person who signed such certificate or a represented party, or both, an appropriate sanction which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion or other paper, including a reasonable attorney's fee. The court may also submit the matter to the appropriate authority for disciplinary review of the attorney if the claimant's attorney or the apportionment complainant's attorney submitted the certificate.

(b) Upon petition to the clerk of the court where the civil action will be filed to recover damages resulting from personal injury or wrongful death, an automatic ninety-day extension of the statute of limitations shall be granted to allow the reasonable inquiry required by subsection (a) of this section. This period shall be in addition to other tolling periods.

(c) The failure to [obtain and file the written opinion required by] comply with subsection (a) of this section shall be grounds for the dismissal of the action, except that no such action may be dismissed unless the claimant has failed to attach a copy of a written opinion, or has failed to comply within a single forty-five-day period after being ordered to do so by the court. "

On the roll call vote Senate Bill No. 243 as amended by Senate Amendment Schedule “A” (LCO 4063) 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			N	22	ANTHONY MUSTO
Y		5	BETH BYE		Y		23	EDWIN A. GOMES
	N	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.
	N	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

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

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 218 (RAISED) (File No. 109) AN ACT CONCERNING POLLING PLACES FOR PRIMARIES.

Senator Slossberg of the 14th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3912) and moved adoption.

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

"Section 1. Section 9-438 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[In] (a) Except as otherwise provided in subsection (b) of this section, in each municipality or voting district, the polling place or places for [primaries] a primary held under sections 9-382 to 9-450, inclusive, shall be the same as those used for the election to be held. When unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, both parties shall hold their primaries in the same room of each such polling place.

(b) The registrars of voters of a municipality may reduce the number of polling places required under subsection (a) of this section and shall designate such polling place or places not later than sixty days prior to a primary held under sections 9-382 to 9-450, inclusive, the location of which may be the same or different than of those polling places required under subsection (a) of this section. Not earlier than sixty days prior to such primary, but not later than forty-five days prior to such primary, the registrars of voters shall notify the Secretary of the State and the candidates seeking nomination to an office in such primary of the change in the polling place or places. If such a candidate objects to a change in the polling place or places, the candidate shall notify the Secretary of such objection not later than four o'clock p. m. on the thirtieth day prior to the primary. Such notification from the candidate shall be in the form of a written letter, signed by the candidate, and shall be held confidential by the Secretary. The Secretary shall promptly notify such registrars of voters and any candidate seeking nomination to an office in such primary that the Secretary has received a letter of objection, which notification shall not identify the candidate who objected. If such a candidate so objects, or if a municipality's registrars of voters cannot agree upon a polling place or places for a primary, the polling place or places shall be the same as those used for the election to be held. Not later than twenty-one days prior to a primary, the registrars of voters shall send notification of the polling place for the primary, by mail, to each elector whose polling place for the primary will be different than the elector's polling place for the election. If any polling place that would otherwise be open pursuant to subsection (a) of this section is closed pursuant to this subsection, the registrars of voters shall ensure that a sign is posted at such polling place providing electors with information to redirect the electors to the open polling place or places for the primary. When unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, both parties shall hold their primaries in the same room of each such polling place. Notwithstanding any provision of title 7 or 9, any special act, charter or ordinance, if the number of polling places are reduced pursuant to the provisions of this subsection, the number of moderators required for such primary may be reduced, if the registrars of voters so agree, provided at least one certified moderator serves each polling place.

Sec. 2. (NEW) (Effective from passage) Whenever a complaint is made, in writing, to the State Elections Enforcement Commission that a registrar of voters of any town is guilty of misconduct, wilful and material neglect of duty or incompetence in the conduct of such registrar's office, said commission shall investigate the charges as the commission deems proper and shall, if of the opinion that the evidence obtained warrants such action, prepare a statement, in writing, of the charges against such registrar of voters, together with a citation in the name of the state, commanding such registrar of voters to appear before a judge of the Superior Court at a date named in such citation and show cause, if any, why such registrar should not be removed from office as provided in this section. Said commission shall cause a copy of such statement and citation to be served by the proper officer upon the defendant not later than ten days before the date of appearance named in such citation, and the original statement and citation, with the return of the officer on such statement and citation, shall be returned to the clerk of the superior court for the judicial district within which such town is situated. To carry out the provisions of this section, the commission shall have power to summon witnesses, require the production of necessary books, papers and other documents and administer oaths to witnesses. Upon the day named in such citation for the appearance of such registrar of voters, or upon any adjourned day fixed by the judge before whom such proceedings are pending, the commission shall appear and conduct the hearing on behalf of the state. If, after a full hearing of all the evidence offered by the commission and by and in behalf of the defendant, the judge is of the opinion that the evidence presented warrants the removal of such registrar of voters, the judge shall cause to be prepared a written order to that effect, which shall be signed by the judge and lodged with the clerk of the superior court for the judicial district in which the defendant resides. Such clerk of the superior court shall cause a certified copy of such order to be served forthwith upon such registrar of voters, and upon such service the office held by such registrar of voters shall become vacant and the vacancy shall be filled in the manner provided in section 9-192 of the general statutes. Any witnesses summoned and any officer making service under the provisions of this section shall be allowed and paid by the state the same fees as are allowed by law in criminal prosecutions.

Sec. 3. Subsection (a) of section 9-7b of the 2012 supplement to the general statutes is amended by adding subdivision (19) as follows (Effective from passage):

(NEW) (19) To carry out an investigation of a registrar of voters in accordance with the provisions of section 2 of this act.

Sec. 4. Subsection (a) of section 9-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) The Commissioner of Correction shall, on or before the fifteenth day of each month, transmit to the Secretary of the State a list of all persons who, during the preceding calendar month, have been convicted in the Superior Court of a felony and committed to the custody of the Commissioner of Correction for confinement in a correctional institution or facility or a community residence. Such lists shall include the names, birth dates and addresses of such persons, with the dates of their conviction and the crimes of which such persons have been convicted. The Secretary of the State shall transmit such lists to the registrars of the towns in which such convicted persons resided at the time of their conviction and to the registrars of any towns where the secretary believes such persons may be electors. The registrars of such towns shall compare the same with the list of electors upon their registry lists and, after written notice mailed [by certified mail to each of the persons named at the last-known place of address of] to each such person, in care of the Department of Correction, shall erase such names from the registry lists in their respective towns or voting districts.

Sec. 5. Section 9-6 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Each registrar of voters or, in the absence of a registrar, the deputy registrar of voters, and each municipal clerk or, in the absence of a municipal clerk, one of the assistant municipal clerks shall be compensated by the municipality which the registrar or clerk represents, as provided [for] in this section, for attending two conferences a year for town clerks and registrars of voters which may be called by the Secretary of the State for the purpose of discussing the election laws [,] or procedures or matters related [thereto] to such laws or procedures, including, but not limited to, compliance with the provisions of section 9-322a, as amended by this act.

(b) Each such official shall be compensated by the municipality at the rate of thirty-five dollars per day for attending each such conference, plus mileage to and from such conference at a rate per mile determined by the municipality, but not less than twenty cents per mile, computed from the office of such official or, if [he] such official has no office, from [his] such official's home to the place where such conference is being held.

Sec. 6. Section 9-169g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) The town clerk of any municipality (1) which is divided between two or more assembly districts, two or more senatorial districts or two or more congressional districts, or (2) which is not divided between any such districts but is divided into two or more voting districts for General Assembly or congressional elections, shall submit to the Secretary of the State a street map of the municipality which indicates the boundary lines of the voting districts established by the municipality in accordance with sections 9-169, 9-169a and 9-169d. The town clerk shall submit such map to the [secretary in a printed or electronic format prescribed by the secretary] Secretary (A) not later than thirty days after any such division first takes effect, and (B) not later than thirty days after any change in any such division takes effect. Each town clerk shall submit such map in electronic format, when possible, but may submit such map in printed format when electronic submission is not possible.

(b) The Secretary of the State shall make such maps available to the General Assembly, for use by the General Assembly in carrying out its responsibilities under (1) Article XXVI of the Amendments to the Constitution of Connecticut, or any subsequent corresponding state constitutional provision, with regard to the redistricting of assembly, senatorial and congressional districts, and (2) Public Law 94-171, concerning the establishment of a plan identifying the geographic areas for which specific tabulations of population are desired in the decennial census of the United States.

(c) Any town clerk who fails to comply with the provisions of subsection (a) of this section shall be fined twenty dollars.

Sec. 7. Section 9-322a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Not later than twenty-one days following each regular state election, the town clerk of each town divided into voting districts shall file with the Secretary of the State a consolidated listing, in tabular format, as prescribed by the Secretary of the State, of the official returns of each such voting district for all offices voted on at such election, including the total number of votes cast for each candidate, the total number of names on the registry list, and the total number of names checked as having voted, in each such district. The town clerk of such town shall certify that he or she has examined the lists transmitted under this section to determine whether there are any discrepancies between the total number of votes cast for a candidate at such election in such town, including for any recanvass conducted pursuant to section 9-311 or 9-311a, and the sum of the votes cast for the same candidate in all voting districts in such town. In the case of any such discrepancy, the town clerk shall notify the head moderator and certify that such discrepancy has been rectified. Each listing filed under this section shall be retained by the Secretary of the State not less than ten years after the date of the election for which it was filed.

(b) Each town clerk shall electronically file the consolidated listing required under subsection (a) of this section, provided the town has provided the town clerk with access to a computer. Nothing in this subsection shall be construed to require a town to purchase a computer.

Sec. 8. Subsection (a) of section 9-159q of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(1) "Institution" means a veterans' health care facility, residential care home, health care facility for the handicapped, nursing home, rest home, mental health facility, alcohol or drug treatment facility, an infirmary operated by an educational institution for the care of its students, faculty and employees or an assisted living facility; and

(2) "Designee" means an elector of the same town and political party as the appointing registrar of voters which elector (A) is not an employee of the institution at which supervised voting is conducted, and (B) did not solicit qualifying contributions under chapter 157 for any candidate on the ballot during the election cycle in which any such candidate is seeking nomination or election to office.

Sec. 9. Subsection (a) of section 9-159r of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provision of the general statutes, [to the contrary,] if twenty or more of the patients in any institution in the state are electors, absentee ballots voted by such electors shall be voted under the supervision of the registrars of voters or their designees of the town in which the institution is located, in accordance with the provisions of this section. [As used in this section, the term "institution" shall be construed as defined in section 9-159q. ]

Sec. 10. Subsection (e) of section 9-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(e) In any case in which the registrars have obtained reliable information of an elector's change of address within the municipality, they shall enter the name of such elector on the registry list at the place where the elector then resides, provided, if such reliable information is the National Change of Address System of the United States Postal Service, the registrar shall change the registry list and send the elector a notice of the change by forwardable mail and a postage prepaid preaddressed return form by which the elector may verify or correct the address information. If during the canvass the registrars determine that an elector has moved out of town and such elector has not confirmed in writing that the elector has moved out of the town, the registrars shall, not later than May first, send to the elector, by forwardable mail, a notice required by the National Voter Registration Act of 1993, P. L. 103-31, as amended from time to time, together with a postage prepaid preaddressed return card on which the elector may state the elector's current address. In the year of a presidential preference primary, the registrars shall send such notice not earlier than the date of such primary. If the registrar does not receive the return card within thirty days after it is sent, the elector's name, including the name of an elector who has not voted in two consecutive federal elections, shall be placed on the inactive registry list for four years. At the expiration of such period of time on the inactive registry list, such name shall be removed from the registry list. If such elector applies to restore the elector's name to the active registry list or votes during such period, the elector's name shall be restored to the active registry list. Such registrars shall retain a duplicate copy or record of each such notice in their office or, if they do not have a permanent office, in the office space provided under section 9-5a, and shall note on such duplicate copy or record the date on which such notice was mailed. In each municipality, any elector, upon change of residence within the municipality, may cause the elector's registration to be transferred to the elector's new address by presenting to the registrars [a signed request therefor, stating the elector's present address, the date the elector moved to such address and the address at which the elector was last registered] a new application for voter registration. The registrars shall thereupon enter the elector's name on the list at the elector's new residence; provided no transfer of registration shall be made on the registry list on election day without the consent of [both registrars] each registrar. "

Senator Slossberg of the 14th, explained the bill, offered Senate Amendment Schedule “B” (LCO 4013) and moved adoption.

Remarking were Senators Witkos of the 8th, Roraback of the 30th, Gomes of the 23rd and McLachlan of the 24th.

Strike subsection (b) of section 1 in its entirety and insert the following in lieu thereof:

"(b) The registrars of voters of a municipality may reduce the number of polling places required under subsection (a) of this section and shall designate such polling place or places not later than sixty days prior to a primary held under sections 9-382 to 9-450, inclusive, the location of which may be the same or different than of those polling places required under subsection (a) of this section. Not earlier than sixty days prior to such primary, but not later than forty-five days prior to such primary, the registrars of voters shall notify the Secretary of the State and the candidates seeking nomination to an office in such primary of the change in the polling place or places. If such a candidate objects to a change in the polling place or places, the candidate shall notify the Secretary of such objection not later than four o'clock p. m. on the thirtieth day prior to the primary. Such notification from the candidate shall be in the form of a written letter, signed by the candidate, and shall be held confidential by the Secretary. The Secretary shall promptly notify such registrars of voters and any candidate seeking nomination to an office in such primary that the Secretary has received a letter of objection, which notification shall not identify the candidate who objected. If such a candidate so objects, or if a municipality's registrars of voters cannot agree upon a polling place or places for a primary, the polling place or places shall be the same as those used for the election to be held. Not later than twenty-one days prior to a primary, the registrars of voters shall send notification of the polling place for the primary, by mail, to each elector whose polling place for the primary will be different than the elector's polling place for the election, except that no registrar of voters shall be required to so notify an elector for any subsequent primary, provided the primary polling place for such elector remains the same as that which was provided for in the initial notification. If any polling place that would otherwise be open pursuant to subsection (a) of this section is closed pursuant to this subsection, the registrars of voters shall ensure that a sign is posted at such polling place providing electors with information to redirect the electors to the open polling place or places for the primary. When unaffiliated electors are authorized under section 9-431 to vote in the primary of either of two parties, both parties shall hold their primaries in the same room of each such polling place. Notwithstanding any provision of title 7 or this title, any special act, charter or ordinance, if the number of polling places are reduced pursuant to the provisions of this subsection, the number of moderators required for such primary may be reduced, if the registrars of voters so agree, provided at least one certified moderator serves each polling place. "

On motion of Senator Slossberg of the 14th, as amended by Senate Amendment Schedule “A (LCO 3192) & B (LCO 4013)” and on her motion was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 27 (File No. 152) AN ACT TRANSITIONING THE REGULATIONS OF CONNECTICUT STATE AGENCIES TO AN ONLINE FORMAT.

Senator Slossberg of the 14th, explained the bill, offered Senate Amendment Schedule “B” (LCO 3970) and her motion it was placed on the Consent Calendar No. 1.

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

"Section 1. Section 4-167 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to regulations noticed on and after said date):

(a) In addition to other regulation-making requirements imposed by law, each agency shall: (1) Adopt as a regulation a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests; (2) adopt as a regulation rules of practice setting forth the nature and requirements of all formal and informal procedures available provided such rules shall be in conformance with the provisions of this chapter; and (3) make available for public inspection, upon request, paper copies of all regulations and all other written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions, and all forms and instructions used by the agency.

(b) No agency regulation is enforceable against any person or party, nor may it be invoked by the agency for any purpose, until (1) it has been made available for public inspection as provided in this section, and (2) the regulation or a notice of the adoption of the regulation has been published in the Connecticut Law Journal if noticed prior to July 1, 2013, or posted online by the Secretary of the State pursuant to section 4-173, as amended by this act, if noticed on or after July 1, 2013. This provision is not applicable in favor of any person or party who has actual notice or knowledge thereof. The burden of proving the notice or knowledge is on the agency. [The provisions of subdivision (2) of this subsection shall not apply to regulations adopted under subsection (f) of section 4-168. ]

Sec. 2. Section 4-168 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to regulations noticed on and after said date):

(a) Except as provided in [subsection] subsections (f) and (g) of this section, an agency, not less than thirty days prior to adopting a proposed regulation, shall [: (1) Give at least thirty days' notice] (1) give notice by [publication in the Connecticut Law Journal] having the Secretary of the State post a notice of its intended action online. The notice shall include (A) either a statement of the terms or of the substance of the proposed regulation or a description sufficiently detailed so as to apprise persons likely to be affected of the issues and subjects involved in the proposed regulation, (B) a statement of the purposes for which the regulation is proposed, (C) a reference to the statutory authority for the proposed regulation, (D) when, where and how interested persons may obtain a copy of the small business impact and regulatory flexibility analyses required pursuant to section 4-168a, and (E) when, where and how interested persons may present their views on the proposed regulation; (2) give notice electronically to each joint standing committee of the General Assembly having cognizance of the subject matter of the proposed regulation; (3) give notice electronically or provide a paper copy to all persons who have made requests to the agency for advance notice of its regulation-making proceedings. The agency may charge a reasonable fee for such notice if not given electronically based on the estimated cost of providing the service; (4) provide a paper copy or electronic version of the proposed regulation to persons requesting it. The agency may charge a reasonable fee for paper copies in accordance with the provisions of section 1-212; and (5) [no later than the date of publication of the notice in the Connecticut Law Journal,] prepare a fiscal note, including an estimate of the cost or of the revenue impact (A) on the state or any municipality of the state, and (B) on small businesses in the state, including an estimate of the number of small businesses subject to the proposed regulation and the projected costs, including but not limited to, reporting, recordkeeping and administrative, associated with compliance with the proposed regulation and, if applicable, the regulatory flexibility analysis prepared under section 4-168a. The governing body of any municipality, if requested, shall provide the agency, within twenty working days, with any information that may be necessary for analysis in preparation of such fiscal note. [; (6) afford] Except as provided in subsections (f) and (g) of this section, any such agency shall also: Afford all interested persons reasonable opportunity to submit data, views or arguments, orally at a hearing if granted under [subdivision (7) of] this subsection or in writing, and to inspect and copy or view online and print the fiscal note prepared pursuant to subdivision (5) of this subsection; [(7)] grant an opportunity to present oral argument if requested by fifteen persons, by a governmental subdivision or agency or by an association having not less than fifteen members, if notice of the request is received by the agency [within] not later than fourteen days after the date of [publication] posting of the notice by the Secretary of the State; and [(8)] consider fully all written and oral submissions respecting the proposed regulation and revise the fiscal note prepared in accordance with the provisions of subdivision (5) of this subsection to indicate any changes made in the proposed regulation. Not later than five calendar days after such agency submits such notice and documents to the Secretary of the State, the Secretary shall post the notice and all accompanying documents prepared by the agency pursuant to this subsection online and shall electronically notify all persons who have requested to be notified of any regulation-making proceedings. Each agency shall also post the notice and all accompanying documents on its Internet web site. No regulation shall be found invalid due to the failure of an agency to give notice to each committee of cognizance pursuant to subdivision (2) of this subsection, provided one such committee has been so notified.

(b) If an agency is required by a public act to adopt regulations, the agency, [within] not later than five months after the effective date of the public act or by the time specified in the public act, shall [publish in the Connecticut Law Journal the notice required by] post online on its Internet web site notice of its intent to adopt regulations and submit to the office of the Secretary of the State for posting online pursuant to subsection (a) of this section [of its intent to adopt regulations] such notice. If the agency fails to [publish] post the notice within such five-month period or by the time specified in the public act, the agency shall submit [a written] an electronic statement of its reasons for failure to do so to the Governor, the joint standing committee having cognizance of the subject matter of the regulations and the standing legislative regulation review committee. The agency shall submit the required regulations to the standing legislative regulation review committee, as provided in subsection (b) of section 4-170, as amended by this act, not later than one hundred eighty days after [publication of] posting the notice of its intent to adopt regulations, or electronically submit a [written] statement of its reasons for failure to do so to the committee.

(c) An agency may begin the regulation-making process under this chapter before the effective date of the public act requiring or permitting the agency to adopt regulations, but no regulation may take effect before the effective date of such act.

(d) Upon reaching a decision on whether to proceed with the proposed regulation or to alter its text from that initially proposed, the agency, at least twenty days before submitting the proposed regulation to the standing legislative regulation review committee, shall (1) post on the agency's Internet web site, (2) submit to the office of the Secretary of the State for posting online, and (3) either electronically mail or mail a paper copy to all persons who have made submissions pursuant to [subdivision (6) of] subsection (a) of this section or who have made statements or oral arguments concerning the proposed regulation and who have requested notification, notice that it has decided to take action on the proposed regulation and that it has posted on the agency's Internet web site and has made available for copying and inspection pursuant to the Freedom of Information Act, as defined in section 1-200: [(1)] (A) The final wording of the proposed regulation; [(2)] (B) a statement of the principal reasons in support of its intended action; and [(3)] (C) a statement of the principal considerations in opposition to its intended action as urged in written or oral comments on the proposed regulation and its reasons for rejecting such considerations.

(e) Except as provided in subsection (f) of this section, no regulation may be adopted, amended or repealed by any agency until it is (1) approved by the Attorney General as to legal sufficiency, as provided in section 4-169, (2) approved by the standing legislative regulation review committee, as provided in section 4-170, as amended by this act, and (3) [filed in] posted online by the office of the Secretary of the State, as provided in section 4-172, as amended by this act.

(f) (1) An agency may proceed to adopt an emergency regulation in accordance with this subsection without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable if (A) the agency finds that adoption of a regulation upon fewer than thirty days' notice is required (i) due to an imminent peril to the public health, safety or welfare or (ii) by the Commissioner of Energy and Environmental Protection in order to comply with the provisions of interstate fishery management plans adopted by the Atlantic States Marine Fisheries Commission or to meet unforeseen circumstances or emergencies affecting marine resources, (B) the agency states in writing its reasons for that finding, and (C) the Governor approves such finding in writing.

(2) The original of such emergency regulation and an electronic copy shall be submitted to the standing legislative regulation review committee in the form prescribed in subsection (b) of section 4-170, as amended by this act, together with a statement of the terms or substance of the intended action, the purpose of the action and a reference to the statutory authority under which the action is proposed, not later than ten days, excluding Saturdays, Sundays and holidays, prior to the proposed effective date of such regulation. The committee may approve or disapprove the regulation, in whole or in part, within such ten-day period at a regular meeting, if one is scheduled, or may upon the call of either chairman or any five or more members hold a special meeting for the purpose of approving or disapproving the regulation, in whole or in part. Failure of the committee to act on such regulation within such ten-day period shall be deemed an approval. If the committee disapproves such regulation, in whole or in part, it shall notify the agency of the reasons for its action. An approved regulation, [filed in] posted online by the office of the Secretary of the State, may be effective for a period of not longer than one hundred twenty days renewable once for a period of not exceeding sixty days, provided notification of such sixty-day renewal is [filed in] posted online by the office of the Secretary of the State and [a] an electronic copy of such notice is [given] sent to the committee, but the adoption of an identical regulation in accordance with the provisions of subsections (a), (b) and (d) of this section is not precluded. The sixty-day renewal period may be extended an additional sixty days for emergency regulations described in subparagraph (A)(ii) of subdivision (1) of this subsection, provided the Commissioner of Energy and Environmental Protection requests of the standing legislative regulation review committee an extension of the renewal period at the time such regulation is submitted or not less than ten days before the first sixty-day renewal period expires and said committee approves such extension. Failure of the committee to act on such request within ten days shall be deemed an approval of the extension.

(3) If the necessary steps to adopt a permanent regulation, including [publication] the posting of notice of intent to adopt, preparation and submission of a fiscal note in accordance with the provisions of subsection (b) of section 4-170, as amended by this act, and approval by the Attorney General and the standing legislative regulation review committee, are not completed prior to the expiration date of an emergency regulation, the emergency regulation shall cease to be effective on that date.

(g) If an agency finds (1) that technical amendments to an existing regulation are necessary because of (A) the statutory transfer of functions, powers or duties from the agency named in the existing regulation to another agency, (B) a change in the name of the agency, (C) the renumbering of the section of the general statutes containing the statutory authority for the regulation, or (D) a correction in the numbering of the regulation, and no substantive changes are proposed, or (2) that the repeal of a regulation is necessary because the section of the general statutes under which the regulation has been adopted has been repealed and has not been transferred or reenacted, it may elect to comply with the requirements of subsection (a) of this section or may proceed without prior notice or hearing, provided the agency has posted such amendments to or repeal of a regulation on its Internet web site. Any such amendments to or repeal of a regulation shall be submitted in the form and manner prescribed in subsection (b) of section 4-170, as amended by this act, to the Attorney General, as provided in section 4-169, and to the standing legislative regulation review committee, as provided in section 4-170, as amended by this act, for approval and upon approval shall be [filed in] submitted to the office of the Secretary of the State with, in the case of renumbering of sections only, a correlated table of the former and new section numbers.

(h) No regulation adopted after October 1, 1985, is valid unless adopted in substantial compliance with this section. A proceeding to contest any regulation on the ground of noncompliance with the procedural requirements of this section shall be commenced within two years from the effective date of the regulation.

Sec. 3. Section 4-168b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to regulations noticed on and after said date):

(a) Each agency shall maintain an official regulation-making record for the period required by law for each regulation it proposes in accordance with the provisions of section 4-168, as amended by this act. The regulation-making record and materials incorporated by reference in the record shall be available for public inspection and copying and when required under any provision of this chapter, posted on the Internet web site of the agency.

(b) The agency regulation-making record shall contain: (1) Copies of all [publications in the Connecticut Law Journal with respect to the regulation or the proceeding upon which the regulation is based] notices of the agency's intent to adopt regulations submitted to the office of the Secretary of the State; (2) a copy of any written analysis prepared for the proceeding upon which the regulation is based, including the regulatory flexibility analyses required pursuant to section 4-168a; (3) all written petitions, requests, submissions, and comments received by the agency and considered by the agency in connection with the formulation, proposal or adoption of the regulation or the proceeding upon which the regulation is based; (4) the official transcript, if any, of proceedings upon which the regulation is based or, if not transcribed, any tape recording or stenographic record of such proceedings, and any memoranda prepared by any member or employee of the agency summarizing the contents of the proceedings; (5) a copy of all official documents relating to the regulation, including the regulation [filed in] submitted to the office of the Secretary of the State in accordance with section 4-172, as amended by this act, a statement of the principal considerations in opposition to the agency's action, and the agency's reasons for rejecting such considerations, as required pursuant to section 4-168, as amended by this act, and the fiscal note prepared pursuant to subsection (a) of [said] section 4-168 and section 4-170, as amended by this act; (6) a copy of any petition for the regulation filed pursuant to section 4-174; and (7) copies of all comments or communications between the agency and the legislative regulation review committee.

(c) The agency regulation-making record need not constitute the exclusive basis for agency action on that regulation or for judicial review thereof.

Sec. 4. Subsection (b) of section 4-170 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) (1) No adoption, amendment or repeal of any regulation, except a regulation issued pursuant to subsection (f) of section 4-168, as amended by this act, shall be effective until (A) the original of the proposed regulation approved by the Attorney General, as provided in section 4-169, the regulatory flexibility analyses as provided in section 4-168a and an electronic copy thereof are submitted to the standing legislative regulation review committee at the designated office of the committee, in a manner designated by the committee, by the agency proposing the regulation, (B) the regulation is approved by the committee, at a regular meeting or a special meeting called for the purpose, and (C) a certified copy of the regulation [is filed in] and an electronic copy are submitted to the office of the Secretary of the State by the agency, as provided in section 4-172, as amended by this act, and the regulation is posted online by the Secretary. (2) The date of submission for purposes of subsection (c) of this section shall be the first Tuesday of each month. Any regulation received by the committee on or before the first Tuesday of a month shall be deemed to have been submitted on the first Tuesday of that month. Any regulation submitted after the first Tuesday of a month shall be deemed to be submitted on the first Tuesday of the next succeeding month. (3) The form of proposed regulations which are submitted to the committee shall be as follows: New language added to an existing regulation shall be in capital letters or underlining, as determined by the committee; language to be deleted shall be enclosed in brackets and a new regulation or new section of a regulation shall be preceded by the word "(NEW)" in capital letters. Each proposed regulation shall have a statement of its purpose following the final section of the regulation. (4) The committee may permit any proposed regulation, including, but not limited to, a proposed regulation which by reference incorporates in whole or in part, any other code, rule, regulation, standard or specification, to be submitted in summary form together with a statement of purpose for the proposed regulation. On and after October 1, 1994, if the committee finds that a federal statute requires, as a condition of the state exercising regulatory authority, that a Connecticut regulation at all times must be identical to a federal statute or regulation, then the committee may approve a Connecticut regulation that by reference specifically incorporates future amendments to such federal statute or regulation provided the agency that proposed the Connecticut regulation shall submit for approval amendments to such Connecticut regulations to the committee not later than thirty days after the effective date of such amendment, and provided further the committee may hold a public hearing on such Connecticut amendments. (5) The agency shall append a copy of the fiscal note, prepared pursuant to subsection (a) of section 4-168, as amended by this act, to each copy of the proposed regulation. At the time of submission to the committee, the agency shall submit an electronic copy of the proposed regulation and the fiscal note to (A) the Office of Fiscal Analysis which, not later than seven days after receipt, shall submit an analysis of the fiscal note to the committee; and (B) each joint standing committee of the General Assembly having cognizance of the subject matter of the proposed regulation. No regulation shall be found invalid due to the failure of an agency to submit a copy of the proposed regulation and the fiscal note to each committee of cognizance, provided such regulation and fiscal note has been submitted to one such committee.

Sec. 5. Subsections (e) and (f) of section 4-170 of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2013, and applicable to regulations noticed on and after said date):

(e) If the committee rejects a proposed regulation without prejudice, in whole or in part, it shall notify the agency of the reasons for the rejection and the agency shall resubmit the regulation in revised form, if the adoption of such regulation is required by the general statutes or any public or special act, not later than the first Tuesday of the second month following such rejection without prejudice and may so resubmit any other regulation, in the same manner as provided in this section for the initial submission with a summary of revisions identified by paragraph. The committee shall review and take action on such revised regulation no later than thirty-five days after the date of submission, as provided in subsection (b) of this section. [Publication] Posting of the notice [in the Connecticut Law Journal] online pursuant to the provisions of section 4-168, as amended by this act, shall not be required in the case of such resubmission.

(f) If an agency fails to [file] submit any regulation approved in whole or in part by the standing legislative regulation review committee [in] to the office of the Secretary of the State as provided in section 4-172, as amended by this act, [within] not later than fourteen days after the date of approval, the agency shall notify the committee, [within] not later than five days after such fourteen-day period, of its reasons for [not so filing] failing to submit such regulation. If any agency fails to comply with the time limits established under subsection (b) of section 4-168, as amended by this act, or under subsection (e) of this section, the administrative head of such agency shall submit to the committee a written explanation of the reasons for such noncompliance. The committee, upon the affirmative vote of two-thirds of its members, may grant an extension of the time limits established under subsection (b) of section 4-168, as amended by this act, and under subsection (e) of this section. If no such extension is granted, the administrative head of the agency shall personally appear before the standing legislative regulation review committee, at a time prescribed by the committee, to explain such failure to comply. After any such appearance, the committee may, upon the affirmative vote of two-thirds of its members, report such noncompliance to the Governor. Within fourteen days thereafter the Governor shall report to the committee concerning the action the Governor has taken to ensure compliance with the provisions of section 4-168, as amended by this act, and with the provisions of this section.

Sec. 6. Section 4-172 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) After approval of a regulation as required by sections 4-169 and 4-170, as amended by this act, or after reversal of a decision of the standing committee by the General Assembly pursuant to section 4-171, each agency shall [file in] submit to the office of the Secretary of the State [two certified copies] a certified copy and an electronic copy of such regulation. The agency shall file with such electronic copy a statement from the department head of such agency certifying that such electronic copy is a true and accurate copy of the regulation approved in accordance with sections 4-169 and 4-170, as amended by this act. Each regulation when [filed] so electronically submitted shall be in the form intended for [publication] posting online, and each section of the regulation shall include the appropriate regulation section number and a section heading. The Secretary of the State shall, [keep a permanent register of the regulations open to public inspection] not later than five calendar days after the electronic submission by the agency, post each such regulation online.

(b) Each regulation hereafter adopted is effective upon [filing] its posting online by the Secretary of the State in accordance with this section, except that: (1) If a later date is required by statute or specified in the regulation, the later date is the effective date; (2) a regulation may not be effective before the effective date of the public act requiring or permitting the regulation; and (3) subject to applicable constitutional or statutory provisions, an emergency regulation becomes effective immediately upon [filing with] electronic submission to the Secretary of the State, or at a stated date less than twenty days thereafter, if the agency finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare. The agency's finding and a brief statement of the reasons therefor shall be [filed] submitted with the regulation. The agency shall take appropriate measures to make emergency regulations known to the persons who may be affected by them including, but not limited to, by posting such emergency regulations on the agency's Internet web site.

[(c) The Secretary of the State, upon receipt of the certified copies of each regulation as provided in subsection (a) of this section, shall include the effective date of the particular regulation on one copy thereof, and forward the copy to the Commission on Official Legal Publications which shall publish the regulation in accordance with the provisions of section 4-173. ]

Sec. 7. Section 4-173 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The [Commission on Official Legal Publications] Secretary of the State shall [publish and distribute] post online a compilation of all effective regulations adopted by all state agencies subsequent to October 27, 1970, [except regulations adopted pursuant to subsection (f) of section 4-168. Such publication may be a supplement to or revision of the most current compilation, and shall be published at least semiannually. The Commission on Official Legal Publications] in a manner that is easily accessible to and searchable by the public. The Secretary of the State may omit from such compilation (1) any regulation that is incorporated by reference into a Connecticut regulation and published by or otherwise available in printed or electronic form from a federal agency [,] or a government agency of another state, [or a commercial publishing company,] and (2) any regulation that [is too expensive to publish, or (3) any regulation the publication of which would be unduly cumbersome] is incorporated by reference into a Connecticut regulation and to which a third party holds the intellectual property rights, until such time as the Secretary of the Office of Policy and Management obtains a licensing agreement in accordance with section 8 of this act. If the [commission] Secretary of the State omits a regulation from the compilation, [it] the secretary shall publish in the compilation a notice identifying the omitted regulation, stating the general subject matter of the regulation and stating an address, telephone number, web site link, if applicable, and any other information needed to obtain a copy of the regulation. The Secretary of the State shall also provide a web site link, if applicable, to any regulation that is incorporated by reference into a Connecticut regulation. Such [address and telephone number] information shall be kept current [in each semiannual publication of the compilation. The commission shall publish any regulation that has been omitted from publication under subdivision (2) of this subsection as soon as the commission has sufficient funds] and updated not less than quarterly.

(b) All regulations posted online pursuant to subsection (a) of this section shall be accessible to the public and shall be the official version of the regulations of Connecticut state agencies for all purposes, including all legal and administrative proceedings. The Secretary of the State may adopt regulations, in accordance with the provisions of this chapter, specifying the format in which state agencies shall submit the final approved version of such regulations and all other documents required pursuant to this section and sections 4-167, 4-168, 4-170 and 4-172, as amended by this act.

[(b) The Commission on Official Legal Publications shall in addition cause to be published in the Connecticut Law Journal at least monthly the text of all regulations received by the commission from the office of the Secretary of the State pursuant to section 4-172 during the preceding month. The commission may omit from the Connecticut Law Journal (1) any regulation submitted in accordance with subsection (g) of section 4-168, for the purposes of renumbering sections only, if a correlated table of the former and new section numbers is published in lieu of the full text, (2) any regulation that is incorporated by reference into a Connecticut regulation and published by or otherwise available in printed form from a federal agency, a government agency of another state or a commercial publishing company, and (3) any regulation the publication of which would be too expensive or unduly cumbersome. If the commission omits a regulation from publication in the Connecticut Law Journal under subdivision (2) or (3) of this subsection, the commission shall publish in the Connecticut Law Journal a notice identifying the omitted regulation, stating the general subject matter of the regulation and stating an address, telephone number and any other information needed to obtain a copy of the regulation.

(c) Each agency which adopts a regulation shall make the regulation available for inspection and copying at its main office.

(d) Any publication made pursuant to subsections (a) and (b) of this section shall be made available upon request to agencies and officials of this state free of charge, and to other persons at prices fixed by the Commission on Official Legal Publications, in accordance with section 51-216b.

(e) The compilation of regulations published under subsection (a) of this section and all Connecticut regulations omitted from the compilation under subsection (a) shall be maintained in the reference collection of each law library described in section 11-19a. ]

Sec. 8. (NEW) (Effective from passage) The Secretary of the Office of Policy and Management shall seek to obtain one or more licensing agreements with the International Code Council, American Society of Mechanical Engineers, National Safety Council, National Fire Protection Association or other entity, as applicable, to permit the posting online in accordance with the provisions of chapter 54 of the general statutes of all codes or other standards incorporated by reference into regulations adopted in accordance with the provisions of chapter 54 of the general statutes by state agencies, including, but not limited to, the State Building Code, State Fire Safety Code, State Fire Prevention Code, Connecticut Safety Code for Elevators and Escalators, Safety Code for Passenger Tramways, Safety Code for Operation and Maintenance of Cranes, Oil Burning Equipment Code, Flammable and Combustible Liquids Code, Gas Equipment and Piping Code, Liquefied Petroleum Gas and Liquefied Natural Gas Code, Hazardous Chemicals Code and Model Rocketry Code.

Sec. 9. Section 17b-10 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Department of Social Services shall prepare and routinely update state medical services and public assistance manuals. The pages of such manuals shall be consecutively numbered and indexed, containing all departmental policy regulations and substantive procedure, written in clear and concise language. Said manuals shall be published by the department, posted on the Internet web site of the department and distributed so that they are available to (1) all regional and subregional offices of the Department of Social Services; (2) each town hall in the state; (3) all legal assistance programs in the state; and (4) any interested member of the public who requests a copy. All policy manuals of the department, as they exist on May 23, 1984, including the supporting bulletins but not including statements concerning only the internal management of the department and not affecting private rights or procedures available to the public, shall be construed to have been adopted as regulations in accordance with the provisions of chapter 54. After May 23, 1984, any policy issued by the department, except a policy necessary to conform to a requirement of a federal or joint federal and state program administered by the department, including, but not limited to, the state supplement program to the Supplemental Security Income Program, shall be adopted as a regulation in accordance with the provisions of chapter 54.

(b) The department shall adopt as a regulation in accordance with the provisions of chapter 54, any new policy necessary to conform to a requirement of an approved federal waiver application initiated in accordance with section 17b-8 and any new policy necessary to conform to a requirement of a federal or joint state and federal program administered by the department, including, but not limited to, the state supplement program to the Supplemental Security Income Program, but the department may operate under such policy while it is in the process of adopting the policy as a regulation, provided the Department of Social Services posts such policy on its Internet web site, submits such policy electronically to the Secretary of the State for posting online prior to adopting the policy and prints notice of intent to adopt the regulation in the Connecticut Law Journal [within] not later than twenty days after adopting the policy. Such policy shall be valid until the time final regulations are effective.

(c) On and after July 1, 2004, the department shall submit proposed regulations that are required by subsection (b) of this section to the standing legislative regulation review committee, as provided in subsection (b) of section 4-170, as amended by this act, not later than one hundred eighty days after publication of the notice of its intent to adopt regulations. The department shall include with the proposed regulation a statement identifying (1) the date on which the proposed regulation became effective as a policy as provided in subsection (b) of this section, and (2) any provisions of the proposed regulation that are no longer in effect on the date of the submittal of the proposed regulation, together with a list of all policies that the department has operated under, as provided in subsection (b) of this section, that superseded any provision of the proposed regulation.

(d) In lieu of submitting proposed regulations by the date specified in subsection (c) of this section, the department may submit to the legislative regulation review committee a notice not later than thirty-five days before such date that the department will not be able to submit the proposed regulations on or before such date and shall include in such notice (1) the reasons why the department will not submit the proposed regulations by such date, and (2) the date by which the department will submit the proposed regulations. The legislative regulation review committee may require the department to appear before the committee at a time prescribed by the committee to further explain such reasons and to respond to any questions by the committee about the policy. The legislative regulation review committee may request the joint standing committee of the General Assembly having cognizance of matters relating to human services to review the department's policy, the department's reasons for not submitting the proposed regulations by the date specified in subsection (c) of this section and the date by which the department will submit the proposed regulations. Said joint standing committee may review the policy, such reasons and such date, may schedule a hearing thereon and may make a recommendation to the legislative regulation review committee.

(e) If amendments to an existing regulation are necessary solely to conform the regulation to amendments to the general statutes, and if the amendments to the regulation do not entail any discretion by the department, the department may elect to comply with the requirements of subsection (a) of section 4-168, as amended by this act, or may proceed without prior notice or hearing, provided the department has posted such amendments on its Internet web site. Any such amendments to a regulation shall be submitted in the form and manner prescribed in subsection (b) of section 4-170, as amended by this act, to the Attorney General, as provided in section 4-169, and to the committee, as provided in section 4-170, as amended by this act, for approval and upon approval shall be [filed in] submitted to the office of the Secretary of the State for posting online in accordance with section 4-172, as amended by this act.

Sec. 10. Section 17b-423 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Department of Social Services shall prepare and routinely update a community services policy manual. The pages of such manual shall be consecutively numbered and indexed, containing all departmental policy regulations and substantive procedure. Such manual shall be published by the department, posted on the Internet web site of the department and distributed so that it is available to all district, subdistrict and field offices of the Department of Social Services. The Department of Social Services shall adopt such policy manual in regulation form in accordance with the provisions of chapter 54. The department may operate under any new policy necessary to conform to a requirement of a federal or joint state and federal program. The department may operate under any new policy while it is in the process of adopting the policy in regulation form, provided the Department of Social Services posts such policy on its Internet web site and submits such policy electronically to the Secretary of the State for posting online prior to adopting the policy and prints notice of intent to adopt the regulations in the Connecticut Law Journal [within] not later than twenty days after adopting the policy. Such policy shall be valid until the time final regulations are effective.

(b) The Department of Social Services shall write the community services policy manual using plain language as described in section 42-152. The manual shall include an index for frequent referencing and a separate section or manual which specifies procedures to follow to clarify policy.

Sec. 11. (NEW) (Effective July 1, 2013) Notwithstanding any provision of the general statutes, no policy or procedure that is implemented by any state agency while in the process of adopting such policy or procedure in regulation form shall become effective unless such agency has (1) posted such policy or procedure on its Internet web site prior to implementation, (2) electronically submitted such policy or procedure to the Secretary of the State to be posted in the online database on the Secretary's Internet web site prior to implementation, and (3) complied with every other requirement of the authorizing statute. Any state agency that has implemented such a policy or procedure prior to July 1, 2013, that is in effect on said date shall, not later than October 1, 2013, post such policy or procedure on its Internet web site and electronically submit such policy or procedure to the Secretary of the State to be posted in the online database on the Secretary's Internet web site. At the time of submission of adopted regulations that supersede such policy or procedure to the Secretary of the State in accordance with section 4-172 of the general statutes, as amended by this act, the agency shall notify the Secretary of the State that such policy or procedure is no longer in effect and the Secretary of the State shall remove such posted policy or procedure from its Internet web site.

Sec. 12. (NEW) (Effective July 1, 2013) Any state agency that has written a manual or other guidance document shall post such manual or document on its Internet web site. The provisions of this section shall not be construed to require the posting of any record that is (1) protected from disclosure under any provision of the general statutes or under federal law, or (2) exempt from disclosure under chapter 14 of the general statutes.

Sec. 13. Subsection (c) of section 51-216a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(c) [In addition to the publication of regulations pursuant to section 4-173, the] The commission shall publish in the Connecticut Law Journal except as they may be incorporated into any revision of the Connecticut Practice Book: (1) Rules adopted by the judges of the Supreme Court, including but not limited to the rules adopted by the Supreme Court for the courts of probate, (2) the rules of the Appellate Court, and (3) the rules of the Superior Court.

Sec. 14. Subsection (g) of section 51-216a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(g) All official legal publications published by the commission pursuant to this section [and each compilation of effective regulations published by the commission pursuant to section 4-173] shall be printed on paper that meets or exceeds the American National Standards Institute standards for permanent paper, unless such paper is not available.

Sec. 15. (Effective from passage) (a) There is established a Regulations Modernization task force. The task force shall consist of eleven members appointed by the Governor. All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the Governor. The Governor shall select the chairperson of the task force from among the members of the task force.

(b) The Department of Administrative Services shall provide administrative staff support for the task force.

(c) The task force, in consultation with the Secretary of the State and the State Librarian or the Public Records Administrator, shall develop a plan to ensure that by July 1, 2013, the regulations of Connecticut state agencies are available to the public in an easily accessible online format. The task force shall submit the plan not later than January 1, 2013, to the standing legislative regulation review committee and the Governor, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date it submits such plan or January 1, 2013, whichever is later. The plan shall include, but not be limited to:

(1) An identification of all physical equipment and software needed to transition the regulations of Connecticut state agencies to an online format;

(2) A recommendation identifying the appropriate state agency to supervise continued maintenance of an online system once established;

(3) A description of all training that will be necessary to instruct existing staff on the use and maintenance of such system;

(4) A description of the anticipated additional workload and agency responsibilities that will be required to transition all such regulations to an online format and to maintain such system once established;

(5) A description of the anticipated reduction in workload and cost savings that will be achieved as a result of transitioning all such regulations to an online format;

(6) An estimate of the cost to implement and maintain such system along with recommendations on how the state may recover such costs; and

(7) Recommendations for any additional legislation the task force finds necessary to facilitate the transition of such regulations to an online format.

(d) The task force shall, if necessary, employ an expert consultant to advise the task force on technical aspects involved with implementing and maintaining an online system of the regulations of Connecticut state agencies. The task force may seek bond funds, through the Department of Administrative Services, to pay the costs of such consultant.

(e) The Legislative Commissioners' Office, the Commission on Official Legal Publications and all executive branch agencies shall cooperate and provide information to the task force as necessary to fulfill its duties. "

HUMAN SERVICES. Substitute for S. B. No. 55 (RAISED) (File No. 65) AN ACT EXPANDING THE MEMBERSHIP OF THE PHARMACEUTICAL AND THERAPEUTICS COMMITTEE.

On motion of Senator Gerratana of the 6th, the bill was placed on the Consent Calendar No. 1.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 101 (RAISED) (File No. 417) AN ACT CONCERNING UNINSURED MOTORIST COVERAGE FOR BODILY INJURY TO A NAMED INSURED OR RELATIVE DURING THE THEFT OF A MOTOR VEHICLE.

On motion of Senator Coleman of the 2nd, 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 Temporarily.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 410 (RAISED) (File No. 283) AN ACT CONCERNING ADVERSE DETERMINATION REVIEWS.

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

PUBLIC HEALTH. Substitute for S. B. No. 414 (RAISED) (File No. 427) AN ACT CONCERNING ADVANCED PRACTICE REGISTERED NURSES' CERTIFICATION OR SIGNATURE.

On motion of Senator Gerratana of the 6th, the bill was placed on the Consent Calendar No. 1.

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

COMMERCE. S. B. No. 227 (RAISED) (File No. 26) AN ACT CONCERNING CORRECTIONS TO CERTAIN CENSUS DESIGNATIONS.

The following favorable report was received from the Joint Standing Committee indicated, the bill was read the second time and tabled for the calendar and printing.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 286 (RAISED) (File No. 460) AN ACT EXEMPTING INSTITUTIONS OF HIGHER EDUCATION THAT OFFER FREE COURSES TO INMATES FROM STATE CONTRACTING REQUIREMENTS.

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

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 410 (RAISED) (File No. 283) AN ACT CONCERNING ADVERSE DETERMINATION REVIEWS.

Senator Crisco of the 17th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4138) and moved adoption.

Remarking were Senators Kelly of the 21st, Fasano of the 34th and Looney of the 11th.

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

"Section 1. Section 38a-591d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) (1) Each health carrier shall maintain written procedures for (A) utilization review and benefit determinations, (B) expedited utilization review and benefit determinations with respect to prospective urgent care requests and concurrent review urgent care requests, and (C) notifying covered persons or covered persons' authorized representatives of such review and benefit determinations. Each health carrier shall make such review and benefit determinations within the specified time periods under this section. "

(2) In determining whether a benefit request shall be considered an urgent care request, an individual acting on behalf of a health carrier shall apply the judgment of a prudent layperson who possesses an average knowledge of health and medicine, except that any benefit request determined to be an urgent care request by a health care professional with knowledge of the covered person's medical condition shall be deemed an urgent care request.

(1) For a prospective or concurrent review request, a health carrier shall make a determination within a reasonable period of time appropriate to the covered person's medical condition, but not later than fifteen calendar days after the date the health carrier receives such request, and shall notify the covered person and, if applicable, the covered person's authorized representative of such determination, whether or not the carrier certifies the provision of the benefit.

(2) For a retrospective review request, a health carrier shall make a determination within a reasonable period of time, but not later than thirty calendar days after the date the health carrier receives such request.

(3) The time periods specified in subdivisions (1) and (2) of this subsection may be extended once by the health carrier for up to fifteen calendar days, provided the health carrier:

(A) Determines that an extension is necessary due to circumstances beyond the health carrier's control; and

(B) Notifies the covered person and, if applicable, the covered person's authorized representative prior to the expiration of the initial time period, of the circumstances requiring the extension of time and the date by which the health carrier expects to make a determination.

(4) (A) If the extension pursuant to subdivision (3) of this subsection is necessary due to the failure of the covered person or the covered person's authorized representative to provide information necessary to make a determination on the request, the health carrier shall:

(i) Specifically describe in the notice of extension the required information necessary to complete the request; and

(ii) Provide the covered person and, if applicable, the covered person's authorized representative with not less than forty-five calendar days after the date of receipt of the notice to provide the specified information.

(B) If the covered person or the covered person's authorized representative fails to submit the specified information before the end of the period of the extension, the health carrier may deny certification of the benefit requested.

(1) Unless the covered person or the covered person's authorized representative has failed to provide information necessary for the health carrier to make a determination, the health carrier shall make a determination as soon as possible, taking into account the covered person's medical condition, but not later than seventy-two hours after the health carrier receives such request, provided, if the urgent care request is a concurrent review request to extend a course of treatment beyond the initial period of time or the number of treatments, such request is made at least twenty-four hours prior to the expiration of the prescribed period of time or number of treatments;

(2) (A) If the covered person or the covered person's authorized representative has failed to provide information necessary for the health carrier to make a determination, the health carrier shall notify the covered person or the covered person's representative, as applicable, as soon as possible, but not later than twenty-four hours after the health carrier receives such request.

(B) The health carrier shall provide the covered person or the covered person's authorized representative, as applicable, a reasonable period of time to submit the specified information, taking into account the covered person's medical condition, but not less than forty-eight hours after notifying the covered person or the covered person's authorized representative, as applicable.

(3) The health carrier shall notify the covered person and, if applicable, the covered person's authorized representative of its determination as soon as possible, but not later than forty-eight hours after the earlier of (A) the date on which the covered person and the covered person's authorized representative, as applicable, provides the specified information to the health carrier, or (B) the date on which the specified information was to have been submitted.

(d) (1) Whenever a health carrier receives a review request from a covered person or a covered person's authorized representative that fails to meet the health carrier's filing procedures, the health carrier shall notify the covered person and, if applicable, the covered person's authorized representative of such failure not later than five calendar days after the health carrier receives such request, except that for an urgent care request, the health carrier shall notify the covered person and, if applicable, the covered person's authorized representative of such failure not later than twenty-four hours after the health carrier receives such request.

(2) If the health carrier provides such notice orally, the health carrier shall provide confirmation in writing to the covered person and the covered person's health care professional of record not later than five calendar days after providing the oral notice.

(e) Each health carrier shall provide promptly to a covered person and, if applicable, the covered person's authorized representative a notice of an adverse determination.

(1) Such notice may be provided in writing or by electronic means and shall set forth, in a manner calculated to be understood by the covered person or the covered person's authorized representative:

[(1)] (A) Information sufficient to identify the benefit request or claim involved, including the date of service, if applicable, the health care professional and the claim amount;

[(2)] (B) The specific reason or reasons for the adverse determination and a description of the health carrier's standard, if any, that was used in reaching the denial;

[(3)] (C) Reference to the specific health benefit plan provisions on which the determination is based;

[(4)] (D) A description of any additional material or information necessary for the covered person to perfect the benefit request or claim, including an explanation of why the material or information is necessary to perfect the request or claim;

[(5)] (E) A description of the health carrier's internal grievance process that includes [(A)] (i) the health carrier's expedited review procedures, [(B)] (ii) any time limits applicable to such process or procedures, [(C)] (iii) the contact information for the organizational unit designated to coordinate the review on behalf of the health carrier, and [(D)] (iv) a statement that the covered person or, if applicable, the covered person's authorized representative is entitled, pursuant to the requirements of the health carrier's internal grievance process, to [(i)] (I) submit written comments, documents, records and other material relating to the covered person's benefit request for consideration by the individual or individuals conducting the review, and [(ii)] (II) receive from the health carrier, free of charge upon request, reasonable access to and copies of all documents, records, communications and other information [relevant to] and evidence regarding the covered person's benefit request;

[(6)] (F) If the adverse determination is based on a health carrier's internal rule, guideline, protocol or other similar criterion, [(A)] (i) the specific rule, guideline, protocol or other similar criterion, or [(B)] (ii) a statement that a specific rule, guideline, protocol or other similar criterion of the health carrier was relied upon to make the adverse determination and that a copy of such rule, guideline, protocol or other similar criterion will be provided to the covered person free of charge upon request, and instructions for requesting such copy;

[(7)] (G) If the adverse determination is based on medical necessity or an experimental or investigational treatment or similar exclusion or limit, the written statement of the scientific or clinical rationale for the adverse determination and [(A)] (i) an explanation of the scientific or clinical rationale used to make the determination that applies the terms of the health benefit plan to the covered person's medical circumstances or [(B)] (ii) a statement that an explanation will be provided to the covered person free of charge upon request, and instructions for requesting a copy of such explanation; and

[(8)] (H) A statement explaining the right of the covered person to contact the commissioner's office or the Office of the Healthcare Advocate at any time for assistance or, upon completion of the health carrier's internal grievance process, to file a civil suit in a court of competent jurisdiction. Such statement shall include the contact information for said offices.

(2) Upon request pursuant to subparagraph (E) of subdivision (1) of this subsection, the health carrier shall provide such copies in accordance with subsection (a) of section 5 of this act.

(f) If the adverse determination is a rescission, the health carrier shall include with the advance notice of the application for rescission required to be sent to the covered person, a written statement that includes:

(1) Clear identification of the alleged fraudulent act, practice or omission or the intentional misrepresentation of material fact;

(2) An explanation as to why the act, practice or omission was fraudulent or was an intentional misrepresentation of a material fact;

(3) A disclosure that the covered person or the covered person's authorized representative may file immediately, without waiting for the date such advance notice of the proposed rescission ends, a grievance with the health carrier to request a review of the adverse determination to rescind coverage, pursuant to sections 38a-591e and 38a-591f, as amended by this act;

(4) A description of the health carrier's grievance procedures established under sections 38a-591e and 38a-591f, as amended by this act, including [,] any time limits applicable to those procedures; and

(5) The date such advance notice of the proposed rescission ends and the date back to which the coverage will be retroactively rescinded.

(g) (1) Whenever a health carrier fails to strictly adhere to the requirements of this section with respect to making utilization review and benefit determinations of a benefit request or claim, the covered person shall be deemed to have exhausted the internal grievance process of such health carrier and may file a request for an external review in accordance with the provisions of section 38a-591g, as amended by this act, regardless of whether the health carrier asserts it substantially complied with the requirements of this section or that any error it committed was de minimis.

(2) A covered person who has exhausted the internal grievance process of a health carrier may, in addition to filing a request for an external review, pursue any available remedies under state or federal law on the basis that the health carrier failed to provide a reasonable internal grievance process that would yield a decision on the merits of the claim.

Sec. 2. Section 38a-591e of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) (1) Each health carrier shall establish and maintain written procedures for (A) the review of grievances of adverse determinations that were based, in whole or in part, on medical necessity, (B) the expedited review of grievances of adverse determinations of urgent care requests, including concurrent review urgent care requests involving an admission, availability of care, continued stay or health care service for a covered person who has received emergency services but has not been discharged from a facility, and (C) notifying covered persons or covered persons' authorized representatives of such adverse determinations.

(2) Each health carrier shall file with the commissioner a copy of such procedures, including all forms used to process requests, and any subsequent material modifications to such procedures.

(3) In addition to a copy of such procedures, each health carrier shall file annually with the commissioner, as part of its annual report required under subsection (e) of section 38a-591b, a certificate of compliance stating that the health carrier has established and maintains grievance procedures for each of its health benefit plans that are fully compliant with the provisions of sections 38a-591a to 38a-591m, inclusive, as amended by this act, and section 5 of this act.

(b) (1) A covered person or a covered person's authorized representative may file a grievance of an adverse determination that was based, in whole or in part, on medical necessity with the health carrier not later than one hundred eighty calendar days after the covered person or the covered person's authorized representative, as applicable, receives the notice of an adverse determination.

(2) For prospective or concurrent urgent care requests, a covered person or a covered person's authorized representative may make a request for an expedited review orally or in writing.

(c) (1) (A) When conducting a review of an adverse determination under this section, the health carrier shall ensure that such review is conducted in a manner to ensure the independence and impartiality of the individual or individuals involved in making the review decision.

(B) If the adverse determination involves utilization review, the health carrier shall designate an appropriate clinical peer or peers to review such adverse determination. Such clinical peer or peers shall not have been involved in the initial adverse determination.

(C) The individual or individuals conducting a review under this section shall take into consideration all comments, documents, records and other information relevant to the covered person's benefit request that is the subject of the adverse determination under review, that are submitted by the covered person or the covered person's authorized representative, regardless of whether such information was submitted or considered in making the initial adverse determination.

(D) Prior to issuing a decision, the health carrier shall provide free of charge, by facsimile, electronic means or any other expeditious method available, to the covered person or the covered person's authorized representative, as applicable, any new or additional documents, communications, information and evidence relied upon and any new or additional scientific or clinical rationale used by the health carrier in connection with the grievance. Such documents, communications, information, evidence and rationale shall be provided sufficiently in advance of the date the health carrier is required to issue a decision to permit the covered person or the covered person's authorized representative, as applicable, a reasonable opportunity to respond prior to such date.

(2) If the review under subdivision (1) of this subsection is an expedited review, all necessary information, including the health carrier's decision, shall be transmitted between the health carrier and the covered person or the covered person's authorized representative, as applicable, by telephone, facsimile, electronic means or any other expeditious method available.

(3) If the review under subdivision (1) of this subsection is an expedited review of a grievance involving an adverse determination of a concurrent review urgent care request, the treatment shall be continued without liability to the covered person until the covered person has been notified of the review decision.

(d) (1) The health carrier shall notify the covered person and, if applicable, the covered person's authorized representative, in writing or by electronic means, of its decision within a reasonable period of time appropriate to the covered person's medical condition, but not later than:

(A) For prospective review and concurrent review requests, thirty calendar days after the health carrier receives the grievance;

(B) For retrospective review requests, sixty calendar days after the health carrier receives the grievance; and

(2) The time periods set forth in subdivision (1) of this subsection shall apply regardless of whether all of the information necessary to make a decision accompanies the filing.

(e) (1) The notice required under subsection (d) of this section shall set forth, in a manner calculated to be understood by the covered person or the covered person's authorized representative:

[(1)] (A) The titles and qualifying credentials of the individual or individuals participating in the review process;

[(2)] (B) Information sufficient to identify the claim involved with respect to the grievance, including the date of service, if applicable, the health care professional and the claim amount;

[(3)] (C) A statement of such individual's or individuals' understanding of the covered person's grievance;

[(4)] (D) The individual's or individuals' decision in clear terms and the health benefit plan contract basis or scientific or clinical rationale for such decision in sufficient detail for the covered person to respond further to the health carrier's position;

[(5)] (E) Reference to the evidence or documentation used as the basis for the decision;

[(A)] (i) The specific reason or reasons for the final adverse determination, including the denial code and its corresponding meaning, as well as a description of the health carrier's standard, if any, that was used in reaching the denial;

[(B)] (ii) Reference to the specific health benefit plan provisions on which the decision is based;

[(C)] (iii) A statement that the covered person may receive from the health carrier, free of charge and upon request, reasonable access to and copies of, all documents, records, communications and other information [relevant to] and evidence not previously provided regarding the adverse determination under review;

[(D)] (iv) If the final adverse determination is based on a health carrier's internal rule, guideline, protocol or other similar criterion, [(i)] (I) the specific rule, guideline, protocol or other similar criterion, or [(ii)] (II) a statement that a specific rule, guideline, protocol or other similar criterion of the health carrier was relied upon to make the final adverse determination and that a copy of such rule, guideline, protocol or other similar criterion will be provided to the covered person free of charge upon request and instructions for requesting such copy;

[(E)] (v) If the final adverse determination is based on medical necessity or an experimental or investigational treatment or similar exclusion or limit, the written statement of the scientific or clinical rationale for the final adverse determination and [(i)] (I) an explanation of the scientific or clinical rationale used to make the determination that applies the terms of the health benefit plan to the covered person's medical circumstances, or [(ii)] (II) a statement that an explanation will be provided to the covered person free of charge upon request and instructions for requesting a copy of such explanation;

[(F)] (vi) A statement describing the procedures for obtaining an external review of the final adverse determination;

[(7)] (G) If applicable, the following statement: "You and your plan may have other voluntary alternative dispute resolution options such as mediation. One way to find out what may be available is to contact your state Insurance Commissioner. "; and

[(8)] (H) A statement disclosing the covered person's right to contact the commissioner's office or the Office of the Healthcare Advocate at any time. Such disclosure shall include the contact information for said offices.

(2) Upon request pursuant to subparagraph (F)(iii) of subdivision (1) of this subsection, the health carrier shall provide such copies in accordance with subsection (b) of section 5 of this act.

(f) (1) Whenever a health carrier fails to strictly adhere to the requirements of this section with respect to receiving and resolving grievances involving an adverse determination, the covered person shall be deemed to have exhausted the internal grievance process of such health carrier and may file a request for an external review, regardless of whether the health carrier asserts that it substantially complied with the requirements of this section, or that any error it committed was de minimis.

Sec. 3. Section 38a-591f of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Each health carrier shall establish and maintain written procedures (1) for the review of grievances of adverse determinations that were not based on medical necessity, and (2) notifying covered persons or covered persons' authorized representatives of such adverse determinations.

(b) (1) A covered person or the covered person's authorized representative may file a grievance of an adverse determination that was not based on medical necessity with the health carrier not later than one hundred eighty calendar days after the covered person or the covered person's representative, as applicable, receives the notice of an adverse determination.

(2) The health carrier shall notify the covered person and, if applicable, the covered person's authorized representative not later than three business days after the health carrier receives a grievance that the covered person or the covered person's authorized representative, as applicable, is entitled to submit written material to the health carrier to be considered when conducting a review of the grievance.

(3) (A) Upon receipt of a grievance, a health carrier shall designate an individual or individuals to conduct a review of the grievance.

(B) The health carrier shall not designate the same individual or individuals who denied the claim or handled the matter that is the subject of the grievance to conduct the review of the grievance.

(C) The health carrier shall provide the covered person and, if applicable, the covered person's authorized representative with the name, address and telephone number of the individual or the organizational unit designated to coordinate the review on behalf of the health carrier.

(c) (1) The health carrier shall notify the covered person and, if applicable, the covered person's authorized representative in writing, of its decision not later than twenty business days after the health carrier received the grievance.

(2) If the health carrier is unable to comply with the time period specified in subdivision (1) of this subsection due to circumstances beyond the health carrier's control, the time period may be extended by the health carrier for up to ten business days, provided that on or before the twentieth business day after the health carrier received the grievance, the health carrier provides written notice to the covered person and, if applicable, the covered person's authorized representative of the extension and the reasons for the delay.

(d) (1) The written decision issued pursuant to subsection (c) of this section shall contain:

[(1)] (A) The titles and qualifying credentials of the individual or individuals participating in the review process;

[(2)] (B) A statement of such individual's or individuals' understanding of the covered person's grievance;

[(3)] (C) The individual's or individuals' decision in clear terms and the health benefit plan contract basis for such decision in sufficient detail for the covered person to respond further to the health carrier's position; [and]

[(4)] (D) Reference to the documents, communications, information and evidence [or documentation] used as the basis for the decision; and

(E) For a decision that upholds the adverse determination, a statement that the covered person may receive from the health carrier, free of charge and upon request, reasonable access to and copies of, all documents, communications, information and evidence regarding the adverse determination that is the subject of the final adverse determination.

(2) Upon request pursuant to subparagraph (E) of subdivision (1) of this subsection, the health carrier shall provide such copies in accordance with subsection (b) of section 5 of this act.

Sec. 4. Section 38a-591g of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) (1) A covered person or a covered person's authorized representative may file a request for an external review or an expedited external review of an adverse determination or a final adverse determination in accordance with the provisions of this section. All requests for external review or expedited external review shall be made in writing to the commissioner. The commissioner may prescribe the form and content of such requests.

(2) (A) All requests for external review or expedited external review shall be accompanied by a filing fee of twenty-five dollars, except that no covered person or covered person's authorized representative shall pay more than seventy-five dollars in a calendar year for such covered person. Any filing fee paid by a covered person's authorized representative shall be deemed to have been paid by the covered person. If the commissioner finds that the covered person is indigent or unable to pay the filing fee, the commissioner shall waive such fee. Any such fees shall be deposited in the Insurance Fund established under section 38a-52a.

(B) The commissioner shall refund any paid filing fee to the covered person or the covered person's authorized representative, as applicable, or the health care professional if the adverse determination or the final adverse determination that is the subject of the external review request or expedited external review request is reversed or revised.

(3) The health carrier that issued the adverse determination or the final adverse determination that is the subject of the external review request or the expedited external review request shall pay the independent review organization for the cost of conducting the review.

(4) An external review decision, whether such review is a standard external review or an expedited external review, shall be binding on the health carrier or a self-insured governmental plan and the covered person, except to the extent such health carrier or covered person has other remedies available under federal or state law. A covered person or a covered person's authorized representative shall not file a subsequent request for an external review or an expedited external review that involves the same adverse determination or final adverse determination for which the covered person or the covered person's authorized representative already received an external review decision or an expedited external review decision.

(5) Each health carrier shall maintain written records of external reviews as set forth in section 38a-591h.

(6) Each independent review organization shall maintain written records as set forth in subsection (e) of section 38a-591m.

(b) (1) Except as otherwise provided under subdivision (2) of this subsection or subsection (d) of this section, a covered person or a covered person's authorized representative shall not file a request for an external review or an expedited external review until the covered person or the covered person's authorized representative has exhausted the health carrier's internal grievance process.

(2) A health carrier may waive its internal grievance process and the requirement for a covered person to exhaust such process prior to filing a request for an external review or an expedited external review.

(c) (1) At the same time a health carrier sends to a covered person or a covered person's authorized representative a written notice of an adverse determination or a final adverse determination issued by the health carrier, the health carrier shall include a written disclosure to the covered person and, if applicable, the covered person's authorized representative of the covered person's right to request an external review.

(A) The following statement or a statement in substantially similar language: "We have denied your request for benefit approval for a health care service or course of treatment. You may have the right to have our decision reviewed by health care professionals who have no association with us by submitting a request for external review to the office of the Insurance Commissioner, if our decision involved making a judgment as to the medical necessity, appropriateness, health care setting, level of care or effectiveness of the health care service or treatment you requested. ";

(B) For a notice related to an adverse determination, a statement informing the covered person that:

(i) If the covered person has a medical condition for which the time period for completion of an expedited internal review of a grievance involving an adverse determination would seriously jeopardize the life or health of the covered person or would jeopardize the covered person's ability to regain maximum function, the covered person or the covered person's authorized representative may (I) file a request for an expedited external review, or (II) file a request for an expedited external review if the adverse determination involves a denial of coverage based on a determination that the recommended or requested health care service or treatment is experimental or investigational and the covered person's treating health care professional certifies in writing that such recommended or requested health care service or treatment would be significantly less effective if not promptly initiated; and

(ii) Such request for expedited external review may be filed at the same time the covered person or the covered person's authorized representative files a request for an expedited internal review of a grievance involving an adverse determination, except that the independent review organization assigned to conduct the expedited external review shall determine whether the covered person shall be required to complete the expedited internal review of the grievance prior to conducting the expedited external review;

(i) If the covered person has a medical condition for which the time period for completion of an external review would seriously jeopardize the life or health of the covered person or would jeopardize the covered person's ability to regain maximum function, the covered person or the covered person's authorized representative may file a request for an expedited external review; or

(ii) If the final adverse determination concerns (I) an admission, availability of care, continued stay or health care service for which the covered person received emergency services but has not been discharged from a facility, the covered person or the covered person's authorized representative may file a request for an expedited external review, or (II) a denial of coverage based on a determination that the recommended or requested health care service or treatment is experimental or investigational and the covered person's treating health care professional certifies in writing that such recommended or requested health care service or treatment would be significantly less effective if not promptly initiated, the covered person or the covered person's authorized representative may file a request for an expedited external review;

(D) (i) A copy of the description of both the standard and expedited external review procedures the health carrier is required to provide, highlighting the provisions in the external review procedures that give the covered person or the covered person's authorized representative the opportunity to submit additional information and including any forms used to process an external review or an expedited external review;

(ii) As part of any forms provided under subparagraph (D)(i) of this subdivision, an authorization form or other document approved by the commissioner that complies with the requirements of 45 CFR 164. 508, as amended from time to time, by which the covered person shall authorize the health carrier and the covered person's treating health care professional to release, transfer or otherwise divulge, in accordance with sections 38a-975 to 38a-999a, inclusive, the covered person's protected health information including medical records for purposes of conducting an external review or an expedited external review;

(E) A statement that the covered person or the covered person's authorized representative may request, free of charge, copies of all documents, communications, information and evidence regarding the adverse determination or the final adverse determination that were not previously provided to the covered person or the covered person's authorized representative.

(3) Upon request pursuant to subparagraph (E) of subdivision (2) of this subsection, the health carrier shall provide such copies in accordance with subsection (b) of section 5 of this act.

(d) (1) A covered person or a covered person's authorized representative may file a request for an expedited external review of an adverse determination or a final adverse determination with the commissioner, except that an expedited external review shall not be provided for a retrospective review request of an adverse determination or a final adverse determination.

(i) (I) The covered person has a medical condition for which the time period for completion of an expedited internal review of the adverse determination would seriously jeopardize the life or health of the covered person or would jeopardize the covered person's ability to regain maximum function; or

(II) The denial of coverage is based on a determination that the recommended or requested health care service or treatment is experimental or investigational and the covered person's treating health care professional certifies in writing that such recommended or requested health care service or treatment would be significantly less effective if not promptly initiated; and

(ii) The covered person or the covered person's authorized representative has filed a request for an expedited internal review of the adverse determination; or

(i) The covered person has a medical condition where the time period for completion of a standard external review would seriously jeopardize the life or health of the covered person or would jeopardize the covered person's ability to regain maximum function;

(ii) The final adverse determination concerns an admission, availability of care, continued stay or health care service for which the covered person received emergency services but has not been discharged from a facility; or

(iii) The denial of coverage is based on a determination that the recommended or requested health care service or treatment is experimental or investigational and the covered person's treating health care professional certifies in writing that such recommended or requested health care service or treatment would be significantly less effective if not promptly initiated.

(3) Such covered person or covered person's authorized representative shall not be required to file a request for an external review prior to, or at the same time as, the filing of a request for an expedited external review and shall not be precluded from filing a request for an external review, within the time periods set forth in subsection (e) of this section, if the request for an expedited external review is determined to be ineligible for such review.

(e) (1) Not later than one hundred twenty calendar days after a covered person or a covered person's authorized representative receives a notice of an adverse determination or a final adverse determination, the covered person or the covered person's authorized representative may file a request for an external review or an expedited external review with the commissioner in accordance with this section.

(2) Not later than one business day after the commissioner receives a request that is complete, the commissioner shall send a copy of such request to the health carrier that issued the adverse determination or the final adverse determination that is the subject of the request.

(3) Not later than [(A)] five business days after the health carrier receives the copy of an external review request [,] or [(B)] one calendar day after the health carrier receives the copy of an expedited external review request, from the commissioner, the health carrier shall complete a preliminary review of the request to determine whether:

(A) The individual is or was a covered person under the health benefit plan at the time the health care service was requested or, in the case of an external review of a retrospective review request, was a covered person in the health benefit plan at the time the health care service was provided;

(B) The health care service that is the subject of the adverse determination or the final adverse determination is a covered service under the covered person's health benefit plan but for the health carrier's determination that the health care service is not covered because it does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care or effectiveness;

(i) Is a covered benefit under the covered person's health benefit plan but for the health carrier's determination that the service or treatment is experimental or investigational for a particular medical condition;

(ii) Is not explicitly listed as an excluded benefit under the covered person's health benefit plan;

(iii) The covered person's treating health care professional has certified that one of the following situations is applicable:

(I) Standard health care services or treatments have not been effective in improving the medical condition of the covered person;

(II) Standard health care services or treatments are not medically appropriate for the covered person; or

(III) There is no available standard health care service or treatment covered by the health carrier that is more beneficial than the recommended or requested health care service or treatment; and

(I) Has recommended a health care service or treatment that the health care professional certifies, in writing, is likely to be more beneficial to the covered person, in the health care professional's opinion, than any available standard health care services or treatments; or

(II) Is a licensed, board certified or board eligible health care professional qualified to practice in the area of medicine appropriate to treat the covered person's condition and has certified in writing that scientifically valid studies using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or the final adverse determination is likely to be more beneficial to the covered person than any available standard health care services or treatments;

(D) The covered person has exhausted the health carrier's internal grievance process or the covered person or the covered person's authorized representative has filed a request for an expedited external review as provided under subsection (d) of this section; and

(E) The covered person has provided all the information and forms required to process an external review or an expedited external review, including an authorization form as set forth in subparagraph (D)(ii) of subdivision (2) of subsection (c) of this section.

(4) (A) Not later than [(i)] one business day after the preliminary review of an external review request [,] or [(ii)] the day the preliminary review of an expedited external review request is completed, the health carrier shall notify the commissioner, the covered person and, if applicable, the covered person's authorized representative in writing whether the request for an external review or an expedited external review is complete and eligible for such review. The commissioner may specify the form for the health carrier's notice of initial determination under this subdivision and any supporting information required to be included in the notice.

(i) Is not complete, the health carrier shall notify the commissioner and the covered person and, if applicable, the covered person's authorized representative in writing and include in the notice what information or materials are needed to perfect the request; or

(ii) Is not eligible for external review or expedited external review, the health carrier shall notify the commissioner, the covered person and, if applicable, the covered person's authorized representative in writing and include in the notice the reasons for its ineligibility.

(C) The notice of initial determination shall include a statement informing the covered person and, if applicable, the covered person's authorized representative that a health carrier's initial determination that the request for an external review or an expedited external review is ineligible for review may be appealed to the commissioner.

(D) Notwithstanding a health carrier's initial determination that a request for an external review or an expedited external review is ineligible for review, the commissioner may determine, pursuant to the terms of the covered person's health benefit plan, that such request is eligible for such review and assign an independent review organization to conduct such review. Any such review shall be conducted in accordance with this section.

(f) (1) Whenever the commissioner is notified pursuant to subparagraph (A) of subdivision (4) of subsection (e) of this section that a request is eligible for external review or expedited external review, the commissioner shall, not later than [(A)] one business day after receiving such notice for an external review [,] or [(B)] one calendar day after receiving such notice for an expedited external review:

[(i)] (A) Assign an independent review organization from the list of approved independent review organizations compiled and maintained by the commissioner pursuant to section 38a-591l to conduct the review and notify the health carrier of the name of the assigned independent review organization. Such assignment shall be done on a random basis among those approved independent review organizations qualified to conduct the particular review based on the nature of the health care service that is the subject of the adverse determination or the final adverse determination and other circumstances, including conflict of interest concerns as set forth in section 38a-591m; and

[(ii)] (B) Notify the covered person and, if applicable, the covered person's authorized representative in writing of the request's eligibility and acceptance for external review or expedited external review. For an external review, the commissioner shall include in such notice [(I)] (i) a statement that the covered person or the covered person's authorized representative may submit, not later than five business days after the covered person or the covered person's authorized representative, as applicable, received such notice, additional information in writing to the assigned independent review organization that such organization shall consider when conducting the external review, and [(II)] (ii) where and how such additional information is to be submitted. If additional information is submitted later than five business days after the covered person or the covered person's authorized representative, as applicable, received such notice, the independent review organization may, but shall not be required to, accept and consider such additional information.

(2) Not later than [(A)] five business days for an external review [,] or [(B)] one calendar day for an expedited external review, after the health carrier receives notice of the name of the assigned independent review organization from the commissioner, the health carrier or its designee utilization review company shall provide to the assigned independent review organization the documents and any information such health carrier or utilization review company considered in making the adverse determination or the final adverse determination.

(3) The failure of the health carrier or its designee utilization review company to provide the documents and information within the time specified in subdivision (2) of this subsection shall not delay the conducting of the review.

(4) [(i)] (A) If the health carrier or its designee utilization review company fails to provide the documents and information within the time period specified in subdivision (2) of this subsection, the independent review organization may terminate the review and make a decision to reverse the adverse determination or the final adverse determination.

[(ii)] (B) Not later than one business day after terminating the review and making the decision to reverse the adverse determination or the final adverse determination, the independent review organization shall notify the commissioner, the health carrier, the covered person and, if applicable, the covered person's authorized representative in writing of such decision.

(g) (1) The assigned independent review organization shall review all the information and documents received pursuant to subsection (f) of this section. In reaching a decision, the independent review organization shall not be bound by any decisions or conclusions reached during the health carrier's utilization review process.

(2) Not later than one business day after receiving any information submitted by the covered person or the covered person's authorized representative pursuant to subparagraph (B) of subdivision (1) of subsection (f) of this section, the independent review organization shall forward such information to the health carrier.

(3) (A) Upon the receipt of any information forwarded pursuant to subdivision (2) of this subsection, the health carrier may reconsider its adverse determination or the final adverse determination that is the subject of the review. Such reconsideration shall not delay or terminate the review.

(B) The independent review organization shall terminate the review if the health carrier decides, upon completion of its reconsideration and notice to such organization as provided in subparagraph (C) of this subdivision, to reverse its adverse determination or its final adverse determination and provide coverage or payment for the health care service or treatment that is the subject of the adverse determination or the final adverse determination.

(C) Not later than one business day after making the decision to reverse its adverse determination or its final adverse determination, the health carrier shall notify the commissioner, the assigned independent review organization, the covered person and, if applicable, the covered person's authorized representative in writing of such decision.

(h) In addition to the documents and information received pursuant to subsection (f) of this section, the independent review organization shall consider, to the extent the documents or information are available and the independent review organization considers them appropriate, the following in reaching a decision:

(3) Consulting reports from appropriate health care professionals and other documents submitted by the health carrier, the covered person, the covered person's authorized representative or the covered person's treating health care professional;

(4) The terms of coverage under the covered person's health benefit plan to ensure that the independent review organization's decision is not contrary to the terms of coverage under such health benefit plan;

(5) The most appropriate practice guidelines, which shall include applicable evidence-based standards and may include any other practice guidelines developed by the federal government, national or professional medical societies, medical boards or medical associations;

(6) Any applicable clinical review criteria developed and used by the health carrier or its designee utilization review company; and

(7) The opinion or opinions of the independent review organization's clinical peer or peers who conducted the review after considering subdivisions (1) to (6), inclusive, of this subsection.

(i) (1) The independent review organization shall notify the commissioner, the health carrier, the covered person and, if applicable, the covered person's authorized representative in writing of its decision to uphold, reverse or revise the adverse determination or the final adverse determination, not later than:

(A) For external reviews, forty-five calendar days after such organization receives the assignment from the commissioner to conduct such review;

(B) For external reviews involving a determination that the recommended or requested health care service or treatment is experimental or investigational, twenty calendar days after such organization receives the assignment from the commissioner to conduct such review;

(C) For expedited external reviews, as expeditiously as the covered person's medical condition requires, but not later than seventy-two hours after such organization receives the assignment from the commissioner to conduct such review; and

(D) For expedited external reviews involving a determination that the recommended or requested health care service or treatment is experimental or investigational, as expeditiously as the covered person's medical condition requires, but not later than five calendar days after such organization receives the assignment from the commissioner to conduct such review.

(B) The date the independent review organization received the assignment from the commissioner to conduct the review;

(E) The principal reason or reasons for its decision, including what applicable evidence-based standards, if any, were used as a basis for its decision;

(G) Reference to the evidence or documentation, including any evidence-based standards, considered by the organization in reaching its decision; and

(H) For a review involving a determination that the recommended or requested health care service or treatment is experimental or investigational:

(ii) A description of the indicators relevant to determining whether there is sufficient evidence to demonstrate that (I) the recommended or requested health care service or treatment is likely to be more beneficial to the covered person than any available standard health care services or treatments, and (II) the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of available standard health care services or treatments;

(iii) A description and analysis of any medical or scientific evidence considered in reaching the opinion;

(v) Information on whether the clinical peer's rationale for the opinion is based on the documents and information set forth in subsection (f) of this section.

(3) Upon the receipt of a notice of the independent review organization's decision to reverse or revise an adverse determination or a final adverse determination, the health carrier shall immediately approve the coverage that was the subject of the adverse determination or the final adverse determination.

Sec. 5. (NEW) (Effective October 1, 2012) (a) (1) Upon request pursuant to subparagraph (E) of subdivision (1) of subsection (e) of section 38a-591d of the general statutes, as amended by this act, the health carrier shall provide free of charge to a covered person or a covered person's authorized representative, as applicable, copies of all documents, communications, information and evidence, including citations to any medical journals, regarding the covered person's benefit request that is the subject of the adverse determination that were not submitted by the covered person or the covered person's authorized representative and were available to the health carrier or the utilization review entity that made the adverse determination at the time such adverse determination was made.

(2) The health carrier shall provide such copies by facsimile, electronic means or any other expeditious method available not later than five business days after the health carrier receives such request in the case of an adverse determination of a nonurgent care request or one calendar day after the health carrier receives such request in the case of an adverse determination of an urgent care request.

(b) (1) Upon request pursuant to subparagraph (F)(iii) of subdivision (1) of subsection (e) of section 38a-591e of the general statutes, as amended by this act, subparagraph (E) of subdivision (1) of subsection (d) of section 38a-591f of the general statutes, as amended by this act, or subparagraph (E) of subdivision (2) of subsection (c) of section 38a-591g of the general statutes, as amended by this act, the health carrier shall provide free of charge to a covered person or a covered person's authorized representative, as applicable, copies of all documents, communications, information and evidence, including citations to any medical journals, if applicable, regarding the adverse determination or the final adverse determination, as applicable, that were not submitted by the covered person or the covered person's authorized representative and were not previously provided by the health carrier to the covered person or the covered person's authorized representative.

(2) The health carrier shall provide such copies by facsimile, electronic means or any other expeditious method available not later than:

(A) Five business days after the health carrier receives such request (i) in the case of a final adverse determination of a prospective, concurrent or retrospective review request under section 38a-591e of the general statutes, as amended by this act, (ii) in the case of a final adverse determination of a review request under section 38a-591f of the general statutes, as amended by this act, or (iii) pursuant to section 38a-591g of the general statutes, as amended by this act, except if the covered person or the covered person's authorized representative notifies the health carrier at the time of such request that any of the provisions set forth in subparagraph (B)(i) or subparagraph (C) of subdivision (2) of subsection (c) of section 38a-591g of the general statutes, as amended by this act, applies, the health carrier shall provide such copies by facsimile, electronic means or any other expeditious method available not later than one calendar day after the health carrier receives such request; or

(B) One calendar day after the health carrier receives such request in the case of a final adverse determination of an expedited review request under 38a-591e of the general statutes, as amended by this act.

Sec. 6. Section 38a-591a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

As used in this section and sections 38a-591b to 38a-591m, inclusive, as amended by this act, and section 5 of this act:

(A) The denial, reduction, termination or failure to provide or make payment, in whole or in part, for a benefit under the health carrier's health benefit plan requested by a covered person or a covered person's treating health care professional, based on a determination by a health carrier or its designee utilization review company:

(i) That, based upon the information provided, (I) upon application of any utilization review technique, such benefit does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care or effectiveness, or (II) is determined to be experimental or investigational;

(ii) Of a covered person's eligibility to participate in the health carrier's health benefit plan; or

(B) Any prospective review, concurrent review or retrospective review determination that denies, reduces or terminates or fails to provide or make payment, in whole or in part, for a benefit under the health carrier's health benefit plan requested by a covered person or a covered person's treating health care professional.

"Adverse determination" includes a rescission of coverage determination for grievance purposes.

(A) A person to whom a covered person has given express written consent to represent the covered person for the purposes of this section and sections 38a-591b to 38a-591m, inclusive, as amended by this act, and section 5 of this act;

(B) A person authorized by law to provide substituted consent for a covered person;

(C) A family member of the covered person or the covered person's treating health care professional when the covered person is unable to provide consent;

(D) A health care professional when the covered person's health benefit plan requires that a request for a benefit under the plan be initiated by the health care professional; or

(E) In the case of an urgent care request, a health care professional with knowledge of the covered person's medical condition.

(3) "Best evidence" means evidence based on (A) randomized clinical trials, (B) if randomized clinical trials are not available, cohort studies or case-control studies, (C) if such trials and studies are not available, case-series, or (D) if such trials, studies and case-series are not available, expert opinion.

(4) "Case-control study" means a retrospective evaluation of two groups of patients with different outcomes to determine which specific interventions the patients received.

(5) "Case-series" means an evaluation of a series of patients with a particular outcome, without the use of a control group.

(6) "Certification" means a determination by a health carrier or its designee utilization review company that a request for a benefit under the health carrier's health benefit plan has been reviewed and, based on the information provided, satisfies the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care and effectiveness.

(7) "Clinical peer" means a physician or other health care professional who holds a nonrestricted license in a state of the United States and in the same or similar specialty as typically manages the medical condition, procedure or treatment under review.

(8) "Clinical review criteria" means the written screening procedures, decision abstracts, clinical protocols and practice guidelines used by the health carrier to determine the medical necessity and appropriateness of health care services.

(9) "Cohort study" means a prospective evaluation of two groups of patients with only one group of patients receiving a specific intervention or specific interventions.

(11) "Concurrent review" means utilization review conducted during a patient's stay or course of treatment in a facility, the office of a health care professional or other inpatient or outpatient health care setting, including home care.

(12) "Covered benefits" or "benefits" means health care services to which a covered person is entitled under the terms of a health benefit plan.

(13) "Covered person" means a policyholder, subscriber, enrollee or other individual participating in a health benefit plan.

(14) "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson with an average knowledge of health and medicine, acting reasonably, would have believed that the absence of immediate medical attention would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part, or would place the person's health or, with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy.

(15) "Emergency services" means, with respect to an emergency medical condition:

(A) A medical screening examination that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate such emergency medical condition; and

(B) Such further medical examination and treatment, to the extent they are within the capability of the staff and facilities available at a hospital, to stabilize a patient.

(16) "Evidence-based standard" means the conscientious, explicit and judicious use of the current best evidence based on an overall systematic review of medical research when making determinations about the care of individual patients.

(17) "Expert opinion" means a belief or an interpretation by specialists with experience in a specific area about the scientific evidence pertaining to a particular service, intervention or therapy.

(18) "Facility" means an institution providing health care services or a health care setting. "Facility" includes a hospital and other licensed inpatient center, ambulatory surgical or treatment center, skilled nursing center, residential treatment center, diagnostic, laboratory and imaging center, and rehabilitation and other therapeutic health care setting.

(19) "Final adverse determination" means an adverse determination (A) that has been upheld by the health carrier at the completion of its internal grievance process, or (B) for which the internal grievance process has been deemed exhausted.

(20) "Grievance" means a written complaint or, if the complaint involves an urgent care request, an oral complaint, submitted by or on behalf of a covered person regarding:

(A) The availability, delivery or quality of health care services, including a complaint regarding an adverse determination made pursuant to utilization review;

(21) (A) "Health benefit plan" means an insurance policy or contract, certificate or agreement offered, delivered, issued for delivery, renewed, amended or continued in this state to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services;

(i) Coverage of the type specified in subdivisions (5) to (9), inclusive, (14) and (15) of section 38a-469 or any combination thereof;

(iii) Liability insurance, including general liability insurance and automobile liability insurance;

(viii) Other insurance coverage similar to the coverages specified in subparagraphs (B)(ii) to (B)(vii), inclusive, of this subdivision that are specified in regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, as amended from time to time, under which benefits for health care services are secondary or incidental to other insurance benefits;

(ix) (I) Limited scope dental or vision benefits, (II) benefits for long-term care, nursing home care, home health care, community-based care or any combination thereof, or (III) other similar, limited benefits specified in regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, P. L. 104-191, as amended from time to time, provided any benefits specified in subparagraphs (B)(ix)(I) to (B)(ix)(III), inclusive, of this subdivision are provided under a separate insurance policy, certificate or contract and are not otherwise an integral part of a health benefit plan; or

(x) Coverage of the type specified in subdivisions (3) and (13) of section 38a-469 or other fixed indemnity insurance if (I) they are provided under a separate insurance policy, certificate or contract, (II) there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and (III) the benefits are paid with respect to an event without regard to whether benefits were also provided under any group health plan maintained by the same plan sponsor.

(23) "Health care professional" means a physician or other health care practitioner licensed, accredited or certified to perform specified health care services consistent with state law.

(24) "Health care services" has the same meaning as provided in section 38a-478.

(25) "Health carrier" means an entity subject to the insurance laws and regulations of this state or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health care center, a managed care organization, a hospital service corporation, a medical service corporation or any other entity providing a plan of health insurance, health benefits or health care services.

(26) "Health information" means information or data, whether oral or recorded in any form or medium, and personal facts or information about events or relationships that relate to (A) the past, present or future physical, mental, or behavioral health or condition of a covered person or a member of the covered person's family, (B) the provision of health care services to a covered person, or (C) payment for the provision of health care services to a covered person.

(27) "Independent review organization" means an entity that conducts independent external reviews of adverse determinations and final adverse determinations. Such review entities include, but are not limited to, medical peer review organizations, independent utilization review companies, provided such organizations or companies are not related to or associated with any health carrier, and nationally recognized health experts or institutions approved by the Insurance Commissioner.

(28) "Medical or scientific evidence" means evidence found in the following sources:

(A) Peer-reviewed scientific studies published in or accepted for publication by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff;

(B) Peer-reviewed medical literature, including literature relating to therapies reviewed and approved by a qualified institutional review board, biomedical compendia and other medical literature that meet the criteria of the National Institutes of Health's Library of Medicine for indexing in Index Medicus (Medline) or Elsevier Science for indexing in Excerpta Medicus (EMBASE);

(C) Medical journals recognized by the Secretary of the United States Department of Health and Human Services under Section 1861(t)(2) of the Social Security Act;

(D) The following standard reference compendia: (i) The American Hospital Formulary Service - Drug Information; (ii) Drug Facts and Comparisons; (iii) The American Dental Association's Accepted Dental Therapeutics; and (iv) The United States Pharmacopoeia - Drug Information;

(E) Findings, studies or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes, including: (i) The Agency for Healthcare Research and Quality; (ii) the National Institutes of Health; (iii) the National Cancer Institute; (iv) the National Academy of Sciences; (v) the Centers for Medicare and Medicaid Services; (vi) the Food and Drug Administration; and (vii) any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health care services; or

(F) Any other findings, studies or research conducted by or under the auspices of a source comparable to those listed in subparagraphs (E)(i) to (E)(v), inclusive, of this subdivision.

(29) "Medical necessity" has the same meaning as provided in sections 38a-482a and 38a-513c.

(30) "Participating provider" means a health care professional who, under a contract with the health carrier, its contractor or subcontractor, has agreed to provide health care services to covered persons, with an expectation of receiving payment or reimbursement directly or indirectly from the health carrier, other than coinsurance, copayments or deductibles.

(32) "Prospective review" means utilization review conducted prior to an admission or the provision of a health care service or a course of treatment, in accordance with a health carrier's requirement that such service or treatment be approved, in whole or in part, prior to such service's or treatment's provision.

(33) "Protected health information" means health information (A) that identifies an individual who is the subject of the information, or (B) for which there is a reasonable basis to believe that such information could be used to identify such individual.

(34) "Randomized clinical trial" means a controlled, prospective study of patients that have been randomized into an experimental group and a control group at the beginning of the study, with only the experimental group of patients receiving a specific intervention, and that includes study of the groups for variables and anticipated outcomes over time.

(35) "Rescission" means a cancellation or discontinuance of coverage under a health benefit plan that has a retroactive effect. "Rescission" does not include a cancellation or discontinuance of coverage under a health benefit plan if (A) such cancellation or discontinuance has a prospective effect only, or (B) such cancellation or discontinuance is effective retroactively to the extent it is attributable to the covered person's failure to timely pay required premiums or contributions towards the cost of such coverage.

(36) "Retrospective review" means any review of a request for a benefit that is not a prospective review or concurrent review. "Retrospective review" does not include a review of a request that is limited to the veracity of documentation or the accuracy of coding.

(37) "Stabilize" means, with respect to an emergency medical condition, that (A) no material deterioration of such condition is likely, within reasonable medical probability, to result from or occur during the transfer of the individual from a facility, or (B) with respect to a pregnant woman, the woman has delivered, including the placenta.

(38) "Urgent care request" means a request for a health care service or course of treatment for which the time period for making a non-urgent care request determination (A) could seriously jeopardize the life or health of the covered person or the ability of the covered person to regain maximum function, or (B) in the opinion of a health care professional with knowledge of the covered person's medical condition, would subject the covered person to severe pain that cannot be adequately managed without the health care service or treatment being requested.

(39) "Utilization review" means the use of a set of formal techniques designed to monitor the use of, or evaluate the medical necessity, appropriateness, efficacy or efficiency of, health care services, health care procedures or health care settings. Such techniques may include the monitoring of or evaluation of (A) health care services performed or provided in an outpatient setting, (B) the formal process for determining, prior to discharge from a facility, the coordination and management of the care that a patient receives following discharge from a facility, (C) opportunities or requirements to obtain a clinical evaluation by a health care professional other than the one originally making a recommendation for a proposed health care service, (D) coordinated sets of activities conducted for individual patient management of serious, complicated, protracted or other health conditions, or (E) prospective review, concurrent review, retrospective review or certification.

(40) "Utilization review company" means an entity that conducts utilization review.

Sec. 7. Subsections (a) and (b) of section 38a-591b of the 2012 supplement to the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Sections 38a-591a to 38a-591m, inclusive, as amended by this act, and section 5 of this act shall apply to (1) any health carrier offering a health benefit plan and that provides or performs utilization review including prospective, concurrent or retrospective review benefit determinations, and (2) any utilization review company or designee of a health carrier that performs utilization review on the health carrier's behalf, including prospective, concurrent or retrospective review benefit determinations.

(b) Each health carrier shall be responsible for monitoring all utilization review program activities carried out by or on behalf of such health carrier. Such health carrier shall comply with the provisions of sections 38a-591a to 38a-591m, inclusive, as amended by this act, and section 5 of this act and any regulations adopted thereunder, and shall be responsible for ensuring that any utilization review company or other entity such health carrier contracts with to perform utilization review complies with said sections and regulations. Each health carrier shall ensure that appropriate personnel have operational responsibility for the activities of the health carrier's utilization review program.

Sec. 8. Section 38a-591i of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

The commissioner shall adopt regulations, in accordance with chapter 54, to implement the provisions of sections 38a-591a to 38a-591m, inclusive, as amended by this act, and section 5 of this act.

Sec. 9. Section 38a-478s of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) Nothing in sections 38a-478 to 38a-478o, inclusive, [or] sections 38a-591a to 38a-591h, inclusive, as amended by this act, or section 5 of this act shall be construed to apply to the arrangements of managed care organizations or health insurers offered to individuals covered under self-insured employee welfare benefit plans established pursuant to the federal Employee Retirement Income Security Act of 1974.

(b) The provisions of sections 38a-478 to 38a-478o, inclusive, [and] sections 38a-591a to 38a-591h, inclusive, as amended by this act, and section 5 of this act shall not apply to any plan that provides for the financing or delivery of health care services solely for the purposes of workers' compensation benefits pursuant to chapter 568. "

On motion of Senator Crisco of the 17th, the bill as amended by Senate amendment Schedule “A” (LCO 4138) was placed on the Consent Calendar No. 1.

The Senate reconvened at 4: 45 p. m. Senator Looney of the 11th , the President in the Chair.

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 341 (RAISED) (File No. 469) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE GOVERNMENT ADMINISTRATION AND ELECTIONS STATUTES.

PUBLIC HEALTH. Substitute for S. B. No. 368 (RAISED) (File No. 426) AN ACT CONCERNING A REPORT BY THE HEALTH INFORMATION TECHNOLOGY EXCHANGE OF CONNECTICUT.

Senator Gerratana of the 6th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3393) and moved adoption.

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

"Sec. 501. Subsection (b) of section 19a-750 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) For purposes of this section and sections 19a-751 to 19a-754, inclusive, "authority" means the Health Information Technology Exchange of Connecticut and "purposes of the authority" means the purposes of the authority expressed in and pursuant to this section, including the promoting, planning and designing, developing, assisting, acquiring, constructing, maintaining and equipping, reconstructing and improving of health care information technology. The powers enumerated in this section shall be interpreted broadly to effectuate the purposes of the authority and shall not be construed as a limitation of powers. The authority shall have the power to:

(2) Employ such assistants, agents and other employees as may be necessary or desirable, which employees shall [be exempt from the classified service and shall not be employees, as defined in subsection (b) of section 5-270] not be considered state employees under the provisions of chapters 66, 67 and 68;

(3) Establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation, retirement and collective bargaining, which need not be in accordance with the provisions of chapter 66, 67 or 68, and the authority shall not be considered an appointing authority, as defined in subdivision (3) of section 5-196, or an employer, as defined in subsection (a) of section 5-270;

(4) Engage consultants, attorneys and other experts as may be necessary or desirable to carry out the purposes of the authority;

(5) Acquire, lease, purchase, own, manage, hold and dispose of personal property, and lease, convey or deal in or enter into agreements with respect to such property on any terms necessary or incidental to the carrying out of these purposes;

(6) Procure insurance against loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable;

(7) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts entered into by the authority shall not be subject to the approval of any other state department, office or agency. However, copies of all contracts of the authority shall be maintained by the authority as public records, subject to the proprietary rights of any party to the contract;

(8) To the extent permitted under its contract with other persons, consent to any termination, modification, forgiveness or other change of any term of any contractual right, payment, royalty, contract or agreement of any kind to which the authority is a party;

(9) Receive and accept, from any source, aid or contributions, including money, property, labor and other things of value;

(10) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state and in obligations that are legal investments for savings banks in this state;

(11) Account for and audit funds of the authority and funds of any recipients of funds from the authority;

(12) Sue and be sued, plead and be impleaded, adopt a seal and alter the same at pleasure;

(13) Adopt regular procedures for exercising the power of the authority not in conflict with other provisions of the general statutes; and

(14) Do all acts and things necessary and convenient to carry out the purposes of the authority. "

On the motion of Senator Looney of the 11th the bill as amended by Senate Amendment Schedule “A” (LCO 3393) was referred to the Committee on Labor and Public Employees.

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

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

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

Senator LeBeau of the 3rd, explained the bill, offered Senate Amendment Schedule “A” (LCO 4139) and moved adoption.

Remarking were Senators Gomes of the 23rd, LeBeau of the 3rd, Cassano of the 4th, Frantz of the 36th, Kane of the 32nd, Welch of the 31st and Suzio of the 13th.

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
	N	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			N	32	ROBERT J. KANE
Y		15	JOAN V. HARTLEY		Y		33	EILEEN M. DAILY
	N	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

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

"Section 1. Section 32-7g of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established within the Department of Economic and Community Development the Small Business Express program. Said program shall provide small businesses with various forms of financial assistance, using a streamlined application process to expedite the delivery of such assistance. The Commissioner of Economic and Community Development, at his or her discretion, may partner with the lenders in the Connecticut Credit Consortium, established pursuant to section 32-9yy, in order to fulfill the requirements of this section. A small business eligible for assistance through said program shall, as of [October 27, 2011] the effective date of this section, (1) employ, on at least fifty per cent of its working days during the preceding twelve months, not more than [fifty] one hundred employees, (2) [be a Connecticut-based business with] have operations in Connecticut, (3) have been registered to conduct business [in this state] for not less than twelve months, and (4) be in good standing with the payment of all state and local taxes and with all state agencies.

(b) The Small Business Express program shall consist of various components, including (1) a revolving loan fund, as described in subsection (d) of this section, to support small business growth, (2) a job creation incentive component, as described in subsection (e) of this section, to support hiring, and (3) a matching grant component, as described in subsection (f) of this section, to provide capital to small businesses that can match the state grant amount. The Commissioner of Economic and Community Development shall work with eligible small business applicants to provide a package of assistance using [not only] the financial assistance provided by the Small Business Express program [but also] and may refer small business applicants to the Subsidized Training and Employment program established pursuant to section 31-3pp and any other appropriate state program. Notwithstanding the provisions of section 32-5a regarding relocation limits, the department may require, as a condition of receiving financial assistance pursuant to this section, that a small business receiving such assistance shall not relocate, as defined in said section 32-5a, for five years after receiving such assistance or during the term of the loan, whichever is longer. All other conditions and penalties imposed pursuant to said section 32-5a shall continue to apply to such small business.

(c) The commissioner shall establish a streamlined application process for the Small Business Express program. The small business applicant may receive assistance pursuant to said program not later than thirty days after submitting a completed application to the department. Any small business meeting the eligibility criteria in subsection (a) of this section may apply to said program. The commissioner shall give priority for available funding to (1) small businesses creating jobs, and (2) economic base industries, as defined in subsection (d) of section 32-222, including, but not limited to, those in the fields of precision manufacturing, business services, green and sustainable technology, bioscience and information technology.

(d) (1) There is established as part of the Small Business Express program a revolving loan fund to provide loans to eligible small businesses. Such loans shall be used for acquisition or purchase of machinery and equipment, construction or leasehold improvements, relocation expenses, working capital or other business-related expenses, as authorized by the commissioner.

(2) Loans from the revolving loan fund may be in amounts from ten thousand dollars to a maximum of one hundred thousand dollars, shall carry a maximum repayment rate of four per cent and shall be for a term of not more than [five] ten years. The department shall review and approve loan terms, conditions and collateral requirements in a manner that prioritizes job growth and retention.

(3) Any eligible small business meeting the eligibility criteria in subsection (a) of this section may apply for assistance from the revolving loan fund, but the commissioner shall give priority to applicants that, as part of their business plan, are creating new jobs that will be maintained for not less than twelve consecutive months.

(e) (1) There is established as part of the Small Business Express program a job creation incentive component to provide loans for job creation to small businesses meeting the eligibility criteria in subsection (a) of this section, with the option of loan forgiveness based on the maintenance of an increased number of jobs for not less than twelve consecutive months. Such loans may be used for training, marketing, working capital or other expenses, as approved by the commissioner, that support job creation.

(2) Loans under the job creation incentive component may be in amounts from ten thousand dollars to a maximum of [two hundred fifty] three hundred thousand dollars, shall carry a maximum repayment rate of four per cent and shall be for a term of not more than ten years. Payments on such loans may be deferred, and all or part of such loan may be forgiven, based upon the commissioner's assessment of the small business's attainment of job creation goals. The department shall review and approve loan terms, conditions and collateral requirements in a manner that prioritizes job creation.

(f) (1) There is established as part of the Small Business Express program a matching grant component to provide grants for capital to small businesses meeting the eligibility criteria in subsection (a) of this section. Such small businesses shall match any state funds awarded under this program. Grant funds may be used for ongoing or new training, working capital, acquisition or purchase of machinery and equipment, construction or leasehold improvements, relocation within the state or other business-related expenses authorized by the commissioner.

(2) Matching grants provided under the matching grant component may be in amounts from ten thousand dollars to a maximum of one hundred thousand dollars. The commissioner shall prioritize applicants for matching grants based upon the likelihood that such grants will assist applicants in maintaining job growth.

(g) Not later than June 30, 2012, and every six months thereafter, the commissioner shall provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, commerce and labor. Such report shall include available data on (1) the number of small businesses that applied to the Small Business Express program, (2) the number of small businesses that received assistance under said program and the general categories of such businesses, (3) the amounts and types of assistance provided, (4) the total number of jobs on the date of application and the number proposed to be created or retained, and (5) the most recent employment figures of the small businesses receiving assistance. The contents of such report shall also be included in the department's annual report.

Sec. 2. Section 2 of public act 11-1 of the October special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Economic and Community Development for the purpose of the Small Business Express program established pursuant to section [1 of this act] 32-7g of the general statutes, as amended by this act, provided (1) [twenty] ten million dollars of the amount stated in subsection (a) of this section may be used, in each of fiscal years 2012 and 2013, for the revolving loan fund established pursuant to subsection (d) of section [1 of this act] 32-7g of the general statutes, as amended by this act, (2) [ten] twenty million dollars of the amount stated in subsection (a) of this section may be used, in each of fiscal years 2012 and 2013, for the job creation incentive component established pursuant to subsection (e) of section [1 of this act] 32-7g of the general statutes, as amended by this act, and (3) twenty million dollars of the amount stated in subsection (a) of this section may be used, in each of fiscal years 2012 and 2013, for the matching grant component established pursuant to subsection (f) of section [1 of this act] 32-7g of the general statutes, as amended by this act. Any time at which an amount in subdivision (1), (2) or (3) of this subsection is used for a component of the Small Business Express program other than that specified in said subdivision (1), (2) or (3), the Commissioner of Economic and Community Development shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, commerce and labor, detailing the amount of the proceeds of the sale of said bonds that was so used and how such amount was divided among said components.

(c) All provisions of section 3-20 of the general statutes, or the exercise of any right or power granted thereby, which are not inconsistent with the provisions of this section are hereby adopted and shall apply to all bonds authorized by the State Bond Commission pursuant to this section, and temporary notes in anticipation of the money to be derived from the sale of any such bonds so authorized may be issued in accordance with said section 3-20 and from time to time renewed. Such bonds shall mature at such time or times not exceeding twenty years from their respective dates as may be provided in or pursuant to the resolution or resolutions of the State Bond Commission authorizing such bonds. None of said bonds shall be authorized except upon a finding by the State Bond Commission that there has been filed with it a request for such authorization which is signed by or on behalf of the Secretary of the Office of Policy and Management and states such terms and conditions as said commission, in its discretion, may require. Said bonds issued pursuant to this section shall be general obligations of the state and the full faith and credit of the state of Connecticut are pledged for the payment of the principal of and interest on said bonds as the same become due, and accordingly and as part of the contract of the state with the holders of said bonds, appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the State Treasurer shall pay such principal and interest as the same become due.

Sec. 3. (NEW) (Effective from passage) (a) There is established an account to be known as the "small business express assistance account" which will be a separate, nonlapsing account within the General Fund. The account shall contain any money required by law to be deposited in the account. Repayment of principal and interest on loans shall be credited to such fund and shall become part of the assets of the fund. Moneys in the account shall be expended by the Department of Economic and Community Development for the purposes of the Small Business Express program established pursuant to section 32-7g of the general statutes, as amended by this act. All moneys received for the purposes of the Small Business Express program and payments of principal and interest on any loans given under said program shall be credited to the account.

(b) The Commissioner of Economic and Community Development may provide for the payment of any administrative expenses or other costs incurred by the department or its lender partners in carrying out the purposes of the Small Business Express program not to exceed four per cent of funding from this program from the account established pursuant to subsection (a) of this section.

Sec. 4. Section 31-3pp of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(2) "Eligible small business" means a business that (A) employed not more than [fifty] one hundred full-time employees on at least fifty per cent of its working days during the preceding twelve months, (B) [is a Connecticut-based business with] has operations in Connecticut, (C) has been registered to conduct business [in this state] for not less than twelve months, and (D) is in good standing with the payment of all state and local taxes; [. "Eligible small business" does not include a retailer, as defined in section 42-371; ]

(3) "Control", with respect to a corporation, means ownership, directly or indirectly, of stock possessing fifty per cent or more of the total combined voting power of all classes of the stock of such corporation entitled to vote. "Control", with respect to a trust, means ownership, directly or indirectly, of fifty per cent or more of the beneficial interest in the principal or income of such trust. The ownership of stock in a corporation, of a capital or profits interest in a partnership, limited liability company or association or of a beneficial interest in a trust shall be determined in accordance with the rules for constructive ownership of stock provided in Section 267(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, other than paragraph (3) of said Section 267(c);

(4) "Related person" means (A) a corporation, limited liability company, partnership, association or trust controlled by the eligible small business, (B) an individual, corporation, limited liability company, partnership, association or trust that is in control of the eligible small business, (C) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of the eligible small business, or (D) a member of the same controlled group as the eligible small business;

(5) "Eligible small manufacturer" means an eligible small business described in sectors 31 to 33, inclusive, of the North American Industry Classification System, that employed not more than [fifty] one hundred employees on at least fifty per cent of its working days during the preceding twelve months.

(b) (1) There is established within the Labor Department a Subsidized Training and Employment program for eligible small businesses and eligible small manufacturers. Said program shall provide grants to such businesses and manufacturers to subsidize, for the first [six months] one hundred eighty calendar days after a person is hired, a part of the cost of employment, including any costs related to training. No such business or manufacturer receiving a grant under this section with respect to a new employee or newly hired person may receive a second grant under this section with respect to the same new employee or newly hired person.

(2) [The] At the discretion of the Labor Commissioner, the department may use up to four per cent of any funds allocated pursuant to section 5 of public act 11-1 of the October special session, as amended by this act, for the purpose of retaining outside consultants [to administer] or the Workforce Investment Boards to operate the Subsidized Training and Employment program.

(3) In fiscal year 2013, the department may use up to four per cent of any funds allocated pursuant to section 5 of public act 11-1 of the October special session, as amended by this act, in said fiscal year for the purpose of the marketing and operation of the Subsidized Training and Employment program.

(c) (1) An eligible small business may apply to the department for a grant to subsidize on-the-job training and compensation for a new employee, where "new employee" means a person who (A) was unemployed immediately prior to employment, regardless of whether such person collected unemployment compensation benefits as a result of such unemployment, (B) is a resident of a municipality that has (i) an unemployment rate that is equal to or higher than the state unemployment rate as of September 1, 2011, or (ii) a population of eighty thousand or more, and (C) has a family income equal to or less than two hundred fifty per cent of the federal poverty level, adjusted for family size. "New employee" does not include a person who was employed in this state by a related person with respect to the eligible small business during the prior twelve months or a person employed on a temporary or seasonal basis by a retailer, as defined in section 42-371.

(2) Grants to eligible small businesses under the Subsidized Training and Employment program shall be in the following amounts: (A) For the first [full calendar month] thirty calendar days a new employee is employed, one hundred per cent of an amount representing the hourly wage of such new employee, exclusive of any benefits, but in no event shall such amount exceed twenty dollars per hour; (B) for the [second and third full calendar months] thirty-first to ninetieth, inclusive, calendar days, seventy-five per cent of such amount; (C) for the [fourth and fifth full calendar months] ninety-first to one hundred fiftieth, inclusive, calendar days, fifty per cent of such amount; and (D) for the [sixth full calendar month] one hundred fifty-first to one hundred eightieth, inclusive, calendar days, twenty-five per cent of such amount. Grants shall be cancelled as of the date the new employee leaves employment with the eligible small business.

(d) (1) An eligible small manufacturer may apply to the department for a grant to be used to train and compensate persons newly hired by such manufacturer. Any training shall be provided by such manufacturer, and take place on such manufacturer's premises, but no existing formal training program shall be required. The [department] Labor Commissioner, or said commissioner's designee, shall review and approve such manufacturer's description of the proposed training as part of the application.

(2) Grants awarded to an eligible small manufacturer pursuant to this subsection shall subsidize the costs of training and compensating each person newly hired by such manufacturer. In no event shall a grant exceed the salary of the newly hired person. Maximum amounts of each grant are: For the first full calendar month a newly hired person is employed, up to two thousand five hundred dollars; for the second month, up to two thousand four hundred dollars; for the third month, up to two thousand two hundred dollars; for the fourth month, up to two thousand dollars; for the fifth month, up to one thousand eight hundred dollars; and for the sixth month, up to one thousand six hundred dollars. No grant shall exceed a total amount of twelve thousand five hundred dollars per newly hired person. A grant may be cancelled as of the date such person leaves employment with the eligible small manufacturer.

(e) Not later than [June 30, 2012, and every six months] July 15, 2012, and annually thereafter, and January 15, 2013, and annually thereafter, the Labor Commissioner shall provide a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, commerce and labor. Said report shall include available data, for the six-month period ending on the last day of the calendar month preceding such report, on (1) the number of small businesses that participated in the Subsidized Training and Employment program established pursuant to subsection (c) of this section, and the general categories of such businesses, (2) the number of small manufacturers that participated in the Subsidized Training and Employment program established pursuant to subsection (d) of this section, and the general categories of such manufacturers, (3) the number of individuals that received employment, and (4) the most recent estimate of the number of jobs created or maintained.

(f) The Labor Commissioner may adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this section.

Sec. 5. Section 5 of public act 11-1 of the October special session is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate twenty million dollars, provided ten million dollars of said authorization shall be effective July 1, 2012.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Labor Department for the purpose of the Subsidized Training and Employment program established pursuant to section [4 of this act] 31-3pp of the general statutes, as amended by this act, provided (1) [five] ten million dollars of the amount stated in subsection (a) of this section shall be used in [each of] fiscal years 2012, [and] 2013 and 2014 for the small business program established pursuant to [subsection (c) of section 4 of this act] section 31-3pp of the general statutes, as amended by this act, and (2) [five] ten million dollars of the amount stated in subsection (a) of this section shall be used in [each of] fiscal years 2012, [and] 2013 and 2014 for the small manufacturer program established pursuant to [subsection (d) of section 4 of this act] section 31-3pp of the general statutes, as amended by this act.

(2) "Eligible business" means a business that (A) has operations in Connecticut, (B) has been registered to conduct business for not less than twelve months, and (C) is in good standing with the payment of all state and local taxes;

(4) "Related person" means (A) a corporation, limited liability company, partnership, association or trust controlled by an eligible business, (B) an individual, corporation, limited liability company, partnership, association or trust that is in control of an eligible business, (C) a corporation, limited liability company, partnership, association or trust controlled by an individual, corporation, limited liability company, partnership, association or trust that is in control of an eligible business, or (D) a member of the same controlled group as an eligible business;

(5) "New employee" means a person who (A) was unemployed prior to employment with an eligible business, regardless of whether such person collected unemployment compensation benefits as a result of such unemployment, (B) was a member of the armed forces and was called to active service in support of (i) Operation Enduring Freedom, or (ii) military operations that were authorized by the President of the United States that entail military action against Iraq, and (C) was honorably discharged after not less than ninety days of service in an area designated by the President of the United States by executive order as a combat zone, as indicated on a military discharge document, as defined in section 1-219 of the general statutes, unless separated from service earlier because of a service-connected disability rated by the Veterans' Administration. "New employee" does not include a person who was employed in this state by a related person of such eligible business during any of the twelve months prior to employment with the eligible business;

(6) "On-the-job training" means training provided by an eligible business on such business' premise; and

(7) "Armed Forces" means the United States Army, Navy, Marine Corps, Coast Guard and Air Force and any reserve component thereof, including a state National Guard performing duty as provided in Title 32 of the United States Code.

(b) (1) There is established within the Labor Department an Unemployed Armed Forces Member Subsidized Training and Employment program for eligible businesses. Said program shall provide grants to eligible businesses to subsidize, for the first one hundred eighty calendar days after a new employee is hired, part of the cost of on-the-job training and compensation for such new employee, in accordance with subsection (c) of this section. No business receiving a grant under this section with respect to a new employee may receive a second grant under this section or a grant under section 31-3pp of the general statutes, as amended by this act, with respect to the same new employee.

(2) At the discretion of the Labor Commissioner, the department may use up to four per cent of any funds allocated pursuant to section 7 of this act, for the purpose of retaining outside consultants or the Workforce Investment Boards to operate the Unemployed Armed Forces Member Subsidized Training and Employment program.

(3) In fiscal year 2013, the department may use up to four per cent of any funds allocated pursuant to section 7 of this act in said fiscal year for the purpose of the marketing and operation of the Unemployed Armed Forces Member Subsidized Training and Employment program.

(c) (1) An eligible business may apply to the department for a grant to subsidize on-the-job training and compensation for a new employee hired by such business. The Labor Commissioner, or said commissioner's designee, shall review and approve such business' description of the proposed on-the-job training as part of the grant application.

(2) A grant awarded to an eligible business pursuant to this subsection shall be in the following amount: (A) For the first thirty calendar days a new employee is employed, one hundred per cent of the wage of such new employee, exclusive of any benefits, not to exceed twenty dollars per hour; (B) for the thirty-first to ninetieth, inclusive, calendar days, seventy-five per cent of such amount; (C) for the ninety-first to one hundred fiftieth, inclusive, calendar days, fifty per cent of such amount; and (D) for the one hundred fifty-first to one hundred eightieth, inclusive, calendar days, twenty-five per cent of such amount. A grant shall be cancelled as of the date the new employee leaves employment with the eligible business.

(d) Not later than July 15, 2013, and annually thereafter, and January 15, 2014, and annually thereafter, the Labor Commissioner shall provide a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding, appropriations, commerce, veterans and labor. Said report shall include available data, for the six-month period ending on the last day of the calendar month preceding such report, on (1) the number of businesses that participated in the Unemployed Armed Forces Member Subsidized Training and Employment program established pursuant to subsection (b) of this section, and the general categories of such businesses, and (2) the number of individuals that received employment under said program.

(e) The Labor Commissioner may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to carry out the provisions of this section.

Sec. 7. (NEW) (Effective from passage) (a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time, to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate ten million dollars, provided five million dollars of said authorization shall be effective July 1, 2013.

(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Labor Department for the purposes of the Unemployed Armed Forces Member Subsidized Training and Employment program established pursuant to section 6 of this act.

Sec. 8. (NEW) (Effective October 1, 2012) The Commissioner of Economic and Community Development shall, within available appropriations, establish and administer a program to promote the marketing of products produced in Connecticut for the purpose of encouraging the development of manufacturing and production in the state. The commissioner may, within available appropriations, provide a grant-in-aid to any person, firm, partnership or corporation engaged in the promotion and marketing of such products, provided the words "CONNECTICUT-MADE" or "CT-Made" are clearly incorporated in such promotional and marketing activities. The commissioner shall (1) provide for the design, plan and implementation of a multiyear, state-wide marketing and advertising campaign, including, but not limited to, television and radio advertisements, promoting the availability of, and advantages of purchasing, Connecticut-made products, (2) establish and continuously update a web site connected with such advertising campaign that includes, but is not limited to, a comprehensive listing of Connecticut manufacturers, Connecticut-made products and Connecticut retailers selling Connecticut-made products, (3) direct Connecticut manufacturers and producers of Connecticut-made products in need of assistance to the appropriate economic development entity or state agency, and (4) conduct efforts to promote interaction and business relationships between Connecticut manufacturers and producers of Connecticut-made products and retailers, marketers, chambers of commerce, regional tourism districts and other potential institutional purchasers of Connecticut-made products, including, but not limited to, (A) linking Connecticut manufacturers and producers of Connecticut-made products with potential purchasers through a separate feature of the web site established pursuant to this section, and (B) organizing state-wide or regional events promoting Connecticut manufacturers and producers of Connecticut-made products, where such manufacturers, producers and institutional purchasers are invited to participate. The commissioner shall use his or her best efforts to solicit cooperation and participation from Connecticut manufacturers, producers of Connecticut-made products, retailers, marketers, chambers of commerce and regional tourism districts in such advertising, Internet-related and event planning efforts, including, but not limited to, soliciting private sector matching funds. The commissioner shall administer this program within available appropriations. On or before January 1, 2013, and annually thereafter, the commissioner shall report to the joint standing committee of the General Assembly having cognizance of matters relating to commerce on issues with respect to efforts undertaken pursuant to the requirements of this section, including, but not limited to, the amount of private matching funds received and expended by the department. The commissioner may adopt such regulations, in accordance with chapter 54 of the general statutes, as he or she deems necessary to carry out the purposes of this section.

Sec. 9. (NEW) (Effective from passage) On or before October 1, 2012, the Commissioner of Economic and Community Development, in consultation with the Culture and Tourism Advisory Committee, shall develop a program to designate locations in the state with cultural, educational or historical significance as "Connecticut Treasures". Such program shall promote locations designated as Connecticut Treasures or state-owned and operated museums, and shall integrate existing programs of the Department of Economic and Community Development and Culture and Tourism Advisory Committee in the promotion of such locations to adults and children. Such program shall include a "Connecticut Treasures Passport", which shall provide free or reduced admission to locations designated as Connecticut Treasures and all state-owned and operated museums for children younger than eighteen years of age who are accompanied by an adult.

Sec. 10. Section 4-66h of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established an account to be known as the "Main Street Investment Fund account" which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Office of Policy and Management for the purposes of providing grants not to exceed five hundred thousand dollars to municipalities with populations of not more than thirty thousand or municipalities eligible for the small town economic assistance program pursuant to section 4-66g for eligible projects as defined in subsection (d) of this section. Municipalities shall apply for such grants in a manner to be determined by the Secretary of the Office of Policy and Management. Said secretary may contract with a nonprofit entity to administer the provisions of this section.

(b) In awarding such grants, the secretary shall determine that an eligible project advances the municipality's approved plan pursuant to subdivision (2) of subsection (d) of this section. Such advancements may include, but not be limited to, facade or awning improvements; sidewalk improvements or construction; street lighting; building renovations, including mixed use of residential and commercial; landscaping and development of recreational areas and greenspace; bicycle paths; and other improvements or renovations deemed by the secretary to contribute to the economic success of the municipality.

(c) A grant received pursuant to this section shall be used for improvements to property owned by the municipality, except the municipality may use a portion of the proceeds of such grant to provide a one-time reimbursement to owners of commercial private property for eligible expenditures that directly support and enhance an eligible project. The maximum allowable reimbursement for such eligible expenditures to any such owner shall be fifty thousand dollars, to be provided at the following rates: (1) Expenditures equal to or less than fifty thousand dollars shall be reimbursed at a rate of fifty per cent, and (2) any additional expenditures greater than fifty thousand dollars but less than or equal to one hundred fifty thousand dollars shall be reimbursed at a rate of twenty-five per cent.

(1) "Eligible expenditures" include expenses for cosmetic and structural exterior building improvements, signage, lighting and landscaping that is visible from the street, including, but not limited to, exterior painting or surface treatment, decorative awnings, window and door replacements or modifications, storefront enhancements, irrigation, streetscape, outdoor patios and decks, exterior wall lighting, decorative post lighting and architectural features, but do not include (A) any renovations that are solely the result of ordinary repair and maintenance, (B) improvements that are required to remedy a health, housing or safety code violation, or (C) nonpermanent structures, furnishings, movable equipment or other nonpermanent amenities. Eligible expenditures also include reasonable administrative expenses incurred by a nonprofit entity contracted with by the Office of Policy and Management to implement the provisions of this section, provided such administrative expenses do not exceed four per cent of funding from this program from the account established pursuant to subsection (a) of this section.

(2) "Eligible projects" means projects that are part of a plan previously approved by the governing body of the municipality to develop or improve town commercial centers to attract small businesses, promote commercial viability, and improve aesthetics and pedestrian access.

Sec. 11. Subsection (a) of section 32-4l of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) The Department of Economic and Community Development shall establish a first five plus program to encourage business expansion and job creation. As part of said program, the department may provide substantial financial assistance to up to [ten eligible business development projects in the fiscal year ending June 30, 2012, and up to five] fifteen eligible business development projects [in the fiscal year ending] by June 30, 2013.

(2) A business development project eligible for financial assistance under the first five plus program shall commit, in the manner prescribed by the Commissioner of Economic and Community Development, to (A) create not less than two hundred new jobs within twenty-four months from the date such application is approved; or (B) invest not less than twenty-five million dollars and create not less than two hundred new jobs [within] not later than five years [from] after the date such application is approved.

(3) The Commissioner of Economic and Community Development may give preference to a business development project that (A) involves the relocation of an out-of-state or international manufacturer or corporate headquarters, (B) involves the relocation of jobs that are outside the United States to the state, or [(B)] (C) is a redevelopment project if the commissioner believes such redevelopment project will create jobs sooner than the schedule set forth in subdivision (2) of this subsection.

(4) The Commissioner of Economic and Community Development may, in awarding financial assistance to an eligible business development project, work with the Connecticut Development Authority and Connecticut Innovations, Incorporated, to secure financing for such project.

(5) The Commissioner of Economic and Community Development shall certify to the Governor for his or her approval that a business development project applicant has satisfied all the eligibility criteria in the program. Financial assistance awarded through the first five plus program shall be with the written consent of the Governor.

Sec. 12. Subsection (a) of section 32-235 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the purposes described in subsection (b) of this section, the State Bond Commission shall have the power, from time to time to authorize the issuance of bonds of the state in one or more series and in principal amounts not exceeding in the aggregate one billion fifteen million three hundred thousand dollars, provided one hundred forty million dollars of said authorization shall be effective July 1, 2011, and twenty million dollars of said authorization shall be made available for small business development. Two hundred eighty million dollars of said authorization shall be effective July 1, 2012, and forty million dollars of said authorization shall be made available for small business development and not more than twenty million dollars of said authorization may be made available for businesses that commit to relocating one hundred or more jobs that are outside of the United States to the state. Any amount of said authorizations that are [required to be] made available for small business development or businesses that commit to relocating one hundred or more jobs that are outside of the United States to the state but are not exhausted for such purpose by the first day of the fiscal year subsequent to the fiscal year in which such amount was made available shall be used for the purposes described in subsection (b) of this section. For purposes of this subsection, a "small business" is one employing not more than [fifty] one hundred employees. "

Senator Kane of the 32nd, offered Senate Amendment Schedule “B” (LCO 4115) and moved adoption.

On the roll call vote Senate Amendment Schedule “B” (LCO 4115) was Rejected.

		N	1	JOHN W. FONFARA	A			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
A			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			N	31	JASON WELCH
		N	14	GAYLE SLOSSBERG		Y		32	ROBERT J. KANE
		N	15	JOAN V. HARTLEY			N	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 32-4l of the 2012 supplement to the general statutes is repealed. (Effective from passage)"

Senator Suzio of the 13th, offered Senate Amendment Schedule “C” (LCO 4107) and moved adoption.

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

"Sec. 501. (NEW) (Effective July 1, 2012) The State Treasurer is hereby authorized to use up to one billion dollars from the State Employees Retirement Fund to purchase the guaranteed portion of federal Small Business Administration loans that, on or after July 1, 2012, are extended by state chartered banks to small businesses within the state that qualify for such loans. "

Remarking were Senators Kane of the 32nd, LeBeau of the 3rd, Looney of the 11th, McKinney of the 28th and Williams of the 29th.

On the roll call vote Senate Bill No. 1 as amended by Senate Amendment Schedule “A” (LCO 4139) 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
A			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			N	32	ROBERT J. KANE
	Y		15	JOAN V. HARTLEY		Y		33	EILEEN M. DAILY
		N	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 following matter was referred to the Committee on Judiciary.

APPROPRIATIONS. S. B. No. 379 (RAISED) (File No. 471) AN ACT CONCERNING EXPENDITURES OF THE JUDICIAL DEPARTMENT, THE DIVISION OF CRIMINAL JUSTICE AND THE PUBLIC DEFENDER SERVICES COMMISSION.

On motion of Senator Looney of the 11th, the Senate at 7: 00 p. m. adjourned subject to the call of the chair.

The following bill was SIGNED IN THE ORIGINAL by His Excellency, the Governor, on the date indicated:

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").


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


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	9-438
Sec. 2	from passage	New section
Sec. 3	from passage	9-7b(a)
Sec. 4	July 1, 2012	9-45(a)
Sec. 5	October 1, 2012	9-6
Sec. 6	October 1, 2012	9-169g
Sec. 7	October 1, 2012	9-322a
Sec. 8	from passage	9-159q(a)
Sec. 9	from passage	9-159r(a)
Sec. 10	July 1, 2012	9-35(e)


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2013, and applicable to regulations noticed on and after said date	4-167
Sec. 2	July 1, 2013, and applicable to regulations noticed on and after said date	4-168
Sec. 3	July 1, 2013, and applicable to regulations noticed on and after said date	4-168b
Sec. 4	July 1, 2013	4-170(b)
Sec. 5	July 1, 2013, and applicable to regulations noticed on and after said date	4-170(e) and (f)
Sec. 6	July 1, 2013	4-172
Sec. 7	July 1, 2013	4-173
Sec. 8	from passage	New section
Sec. 9	July 1, 2013	17b-10
Sec. 10	July 1, 2013	17b-423
Sec. 11	July 1, 2013	New section
Sec. 12	July 1, 2013	New section
Sec. 13	July 1, 2013	51-216a(c)
Sec. 14	July 1, 2013	51-216a(g)
Sec. 15	from passage	New section


This act shall take effect as follows and shall amend the following sections:
Sec. 501	from passage	19a-750(b)


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	32-7g
Sec. 2	from passage	PA 11-1 of the October Sp. Sess. , Sec. 2
Sec. 3	from passage	New section
Sec. 4	from passage	31-3pp
Sec. 5	from passage	PA 11-1 of the October Sp. Sess. , Sec. 5
Sec. 6	from passage	New section
Sec. 7	from passage	New section
Sec. 8	October 1, 2012	New section
Sec. 9	from passage	New section
Sec. 10	from passage	4-66h
Sec. 11	from passage	32-4l(a)
Sec. 12	from passage	32-235(a)


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage and applicable to actions filed on or after said date	52-190a