JOURNAL OF THE SENATE

Thursday, May 3, 2012

The Senate was called to order at 1: 09 p. m. , Senator Duff of the 25th in the Chair.

The prayer was offered by the Deputy Chaplain, Reverend Dr. Barbara Headley of Hartford, Connecticut.

The following is the prayer:

Eternal God, Creator and the sustainer of life, we seek this day as our state Senate continues its work and on this National day of Prayer. I join with believes all over our great nation who today are praying for our country, our leadership and our people. We are ever thankful that we live in the United States of America, a country founded on the principles of the Judaic-Christian faiths and establishment of a nation under God with freedom to worship for all peoples. We thank you for out heritage and out history as a people of faith. We seek Your forgiveness and mercy for times we have no followed your ways or commandments but You have remained faithful and have continued to bless our nation.

On this National day of Prayer, we call out to you O' God, that You would give our leaders the desire to seek Your wisdom and the courage to follow Your guidance. In praying for those in authority, I lift up our Congress and Senate to You. I pray that by you Holy Power, our legislative bodies would make laws that are just.

Watch over the men and women of our armed forces as they sacrifice for the cause of freedom both here at home and abroad.

We pray for President Obama and ask that You guide him in the way that You would have him go. I pray that You would surround our President with wise counsel—men and women of moral integrity who place Your agenda and the good of this great nation above their own. Guide our state government – our state Representatives, Senators, Lt. Governor Wyman, Governor Malloy and all who work within our state government. We give You thanks for all You have done for us, and we earnestly pray that You will help us to be a nation whose God is the Lord. This I pray in the name of the Lord. Amen

PLEDGE

Senator Cassano of the 4th led the Senate in the pledge of Allegiance.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILLS

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. 5038 (File Nos. 437 and 622) AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS CONCERNING AN ALL-PAYER CLAIMS DATABASE PROGRAM. (As amended by House Amendment Schedule "A").

APPROPRIATIONS. Substitute for H. B. No. 5233 (RAISED) (File No. 59) AN ACT CONCERNING WORKERS' COMPENSATION FOR FIREFIGHTERS.

APPROPRIATIONS. Substitute for H. B. No. 5348 (RAISED) (File Nos. 442 and 628) AN ACT CONCERNING THE ADMINISTRATION OF MEDICINE TO STUDENTS WITH DIABETES, THE DUTIES OF SCHOOL MEDICAL ADVISORS, THE AVAILABILITY OF CPR AND AED TRAINING MATERIALS FOR BOARDS OF EDUCATION AND PHYSICAL EXERCISE DURING THE SCHOOL DAY. (As amended by House Amendment Schedules "A" and "B").

COMMERCE. Substitute for H. B. No. 5344 (RAISED) (File Nos. 311 and 627) AN ACT CONCERNING STREAMLINING THE STATE'S STORMWATER GENERAL PERMITTING PROCESS. (As amended by House Amendment Schedule "B").

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5164 (RAISED) (File Nos. 211 and 620) AN ACT CONCERNING REVISIONS TO THE MOTOR VEHICLE LAWS. (As amended by House Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 5500 (RAISED) (File No. 509) AN ACT CONCERNING AN ADJUSTMENT TO CERTAIN DATES RELATING TO THE FINANCING OF STEEL POINT IN BRIDGEPORT.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5496 (RAISED) (File No. 488) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE REQUIRING COMMITTEES OF COGNIZANCE TO CONDUCT REVIEWS UNDER THE SUNSET LAW.

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 5231 (RAISED) (File Nos. 97 and 626) AN ACT CONCERNING AUTOMOTIVE GLASS WORK. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 5026 (RAISED) (File No. 478) AN ACT CONCERNING THE SECRETARY OF THE STATE'S AUTHORITY FOLLOWING A PROCLAMATION OR DECLARATION OF AN EMERGENCY OR MAJOR DISASTER.

JUDICIARY. Substitute for H. B. No. 5034 (File Nos. 436 and 621) AN ACT CONCERNING RETIREMENT PROVISIONS RELATING TO JUDGES, FAMILY SUPPORT MAGISTRATES AND COMPENSATION COMMISSIONERS. (As amended by House Amendment Schedule "A").

JUDICIARY. H. B. No. 5147 (RAISED) (File Nos. 501 and 624) AN ACT CONCERNING THE UNAUTHORIZED PRACTICE OF LAW. (As amended by House Amendment Schedules "A" and "B").

JUDICIARY. Substitute for H. B. No. 5217 (RAISED) (File Nos. 383 and 625) AN ACT CONCERNING REVISIONS TO STATUTES CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 5263 (RAISED) (File No. 347) AN ACT INCREASING THE PENALTY FOR POACHING.

JUDICIARY. Substitute for H. B. No. 5421 (RAISED) (File No. 570) AN ACT CONCERNING "ZAPPERS".

H. B. No. 5550 (RAISED) (File No. 515) AN ACT PROVIDING FEDERAL PROBATION OFFICERS WITH ACCESS TO FIREARM DATA REGARDING PROBATIONERS.

Substitute for H. B. No. 5054 (RAISED) (File Nos. 91 and 623) AN ACT MAKING MINOR AND TECHNICAL CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES. (As amended by House Amendment Schedule "A").

Substitute for H. B. No. 5159 (RAISED) (File No. 343) AN ACT CONCERNING REGIONAL PLANS OF CONSERVATION AND DEVELOPMENT.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEES

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON 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.

EDUCATION. Substitute for S. B. No. 384 (RAISED) (File No. 204) AN ACT CONCERNING TEACHER PREPARATION.

Senator Bye of the 5th, explained the bill, offered Senate Amendment Schedule “A” (LCO 3446) and moved adoption.

On a voice vote the amendment was Adopted.

The following is the Amendment.

In line 2, after "Education" insert "and The University of Connecticut"

In line 5, before "spend" insert "(A)"

In line 10, after "students," insert "and (B) complete coursework concerning parental involvement in a child's education and cultural issues that may affect a student's learning environment,"

In line 24, after "Education" insert ", The University of Connecticut"

Remarking was Senators Boucher of the 26th.

On motion of Bye of the 5th, the bill as amended by Senate Amendment Schedule “A” (LCO 3446) was placed on the Consent Calendar No. 1.

LABOR AND PUBLIC EMPLOYEES. S. B. No. 383 (RAISED) (File No. 243) AN ACT CONCERNING MANUFACTURING INTERNSHIPS.

Senator Bye of the 5th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4732) and moved adoption.

Remarking were Senators Welch of the 31st, Boucher of the 26th, LeBeau of the 3rd and Boucher of the 26th.

On a voice vote the amendment was Adopted.

The following is the Amendment.

In line 15, before "internship" insert "or mechanical"

In line 16, before "establishment" insert "or mechanical"

In line 21, after "subsection," insert "(A) "internship" means supervised practical training of a high school student or recent high school graduate that is comprised of curriculum and workplace standards approved by the Department of Education and the Labor Department, and (B)"

Remarking were Senators McLachlan of the 24th and Frantz of the 36th.

On motion of Bye of the 5th, the bill as amended by Senate Amendment Schedule “A” (LCO 4732) was placed on the Consent Calendar No. 1.

JUDICIARY. Substitute for S. B. No. 367 (RAISED) (File No. 425) AN ACT CONCERNING PUBLIC INDECENCY IN A CORRECTIONAL INSTITUTION.

Senator Coleman of the 2nd, explained the bill, offered Senate Amendment Schedule “A” (LCO 4126) and moved adoption.

Remarking was Senator Kissel of the 7th.

On a voice vote the amendment was Adopted.

The following is the Amendment.

Strike section 1 in its entirety and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2012) (a) A person is guilty of public indecency in a correctional institution when such person is in the custody of the Commissioner of Correction and confined in a correctional institution and, with intent to harass, annoy, embarrass or intimidate an employee of the Department of Correction, performs a lewd exposure of such person's intimate parts, or an act of masturbation, which lewd exposure or act may reasonably be expected to be viewed by a reasonably identifiable employee of the Department of Correction. For the purposes of this subsection, "intimate parts" has the meaning provided in section 53a-65 of the general statutes, and "masturbation" has the meaning provided in section 53a-193 of the general statutes.

(b) Public indecency in a correctional institution is a class B misdemeanor. If any person who is confined in a correctional institution of the Department of Correction is sentenced to a term of imprisonment for a violation of this section, such term shall run consecutively to the term for which such person was serving at the time of such violation. "

Remarking were Senators Witkos of the 8th, Kissel of the 7th and McKinney of the 28th.

On motion of Coleman of the 2nd, the bill as amended by Senate Amendment Schedule “A” (LCO 4126) was placed on the Consent Calendar No. 1.

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

Senator Coleman of the 2nd explained the bill and moved adoption.

Remarking was Senators Kissel of the 7th.

On motion of Coleman of the 2nd, was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILLS PASSED

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

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.

Senator Coleman of the 2nd, explained the bill, offered Senate Amendment Schedule “A” (LCO 4668) and moved adoption.

PRESIDENT IN THE CHAIR

Remarking were Senators Kissel of the 7th and Kelly of the 21st.

SENATOR DUFF IN THE CHAIR

On a voice vote the amendment was Adopted.

The following is the Amendment.

Strike lines 8 to 40, inclusive, in their entirety and substitute the following in lieu thereof:

"(b) [Nursing home facilities, as defined in section 19a-521, shall be prohibited from enforcing a surety contract on behalf of an applicant required as a condition of admission] Each nursing home facility shall be prohibited from enforcing a contract with a third-party guarantor or an admission agreement entered into with a responsible party who has access to the assets or financial information of a nursing home facility applicant or resident unless: (1) The guarantor under such contract or [his spouse or his children or his grandchildren] the responsible party under such admission agreement or the guarantor's or the responsible party's spouse, child or grandchild has received an assignment or transfer or other disposition of property for less than fair market value, pursuant to section 17b-261, from the applicant; or (2) the applicant fails to return a properly completed application for Title XIX benefits to the Department of Social Services in accordance with its regulations; and (3) such contract or admission agreement contains a [clause which states the contract] notice advising the applicant, third-party guarantor or responsible party that: (A) The contract or admission agreement is enforceable against the guarantor or [his spouse or his children or his grandchildren] the responsible party or the guarantor's or responsible party's spouse, child or grandchild if such guarantor or [his spouse or his children or his grandchildren have] responsible party or the guarantor's or responsible party's spouse, child or grandchild has received an assignment or transfer or other disposition of property for less than fair market value, pursuant to section 17b-261, from the applicant or if said applicant fails to return a properly completed application for Title XIX benefits to the Department of Social Services in accordance with its regulations; (B) state and federal law prohibit a nursing home facility from requiring a third party to personally guarantee payment as a condition of admission or continued stay in the facility; and (C) due to the complexity involved in preparing an application for Title XIX benefits, it may be advisable for the person completing such application to seek professional assistance or legal advice. Such notice shall be in writing in not less than ten-point, boldface type, shall be stated in plain and simple language and, whenever possible and in accordance with any applicable federal guidelines, shall be in the primary language of the recipient. The notice provisions prescribed in subparagraphs (A) to (C), inclusive, of subdivision (3) of this subsection shall apply to contracts or admission agreements entered into on and after October 1, 2012. "

In line 121, after the period insert "The provisions of this subsection shall not apply to a residential care home as defined in section 19a-490. "

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Bill No. 419 as amended by Senate Amendment Schedule “A” (LCO 4668) was Passed.

PRESIDENT IN THE CHAIR

MATTERS RETURNED FROM COMMITTEES

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

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

NEW FILE NEEDED

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 405 (RAISED) (File Nos. 411 and 629) AN ACT CONCERNING TARGETED HEALTH AREAS.

MATTERS RETURNED FROM COMMITTEES

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

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

NO NEW FILE

ENVIRONMENT. Substitute for S. B. No. 355 (RAISED) (File No. 576) AN ACT CONCERNING THE REVENUES FROM THE PETROLEUM PRODUCTS GROSS EARNINGS TAX AND PROVIDING AN ADDITIONAL EXEMPTION FROM SAID TAX.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 78 (RAISED) (File No. 117) AN ACT CONCERNING THE LEARN HERE, LIVE HERE PROGRAM. (As amended by Senate Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 308 (RAISED) (File No. 333) AN ACT CONCERNING THE ESTABLISHMENT OF A BUSINESS DATA COLLECTION CENTER.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 440 (RAISED) (File No. 377) AN ACT CONCERNING PHOSPHOROUS REDUCTION IN STATE WATERS.

GENERAL LAW. S. B. No. 326 (RAISED) (File No. 132) AN ACT CONCERNING MIXED MARTIAL ARTS.

GENERAL LAW. Substitute for S. B. No. 412 (RAISED) (File No. 340) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE REGULATION OF EMBALMERS AND FUNERAL SERVICE ESTABLISHMENTS AND CERTAIN PROFESSIONAL BOARD AND COMMISSION HEARINGS.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 80 (RAISED) (File No. 161) AN ACT EXPANDING TEST BED AUTHORITY AT THE CONSTITUENT UNITS OF THE STATE SYSTEM OF HIGHER EDUCATION.

JUDICIARY. 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.

JUDICIARY. Substitute for S. B. No. 360 (RAISED) (File No. 267) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE CONNECTICUT HOUSING FINANCE AUTHORITY TASK FORCE.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 368 (RAISED) (File No. 426) AN ACT CONCERNING A REPORT BY THE HEALTH INFORMATION TECHNOLOGY EXCHANGE OF CONNECTICUT. (As amended by Senate Amendment Schedule "A").

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON 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.

GENERAL LAW. Substitute for S. B. No. 316 (RAISED) (File No. 112) AN ACT CONCERNING NOTIFICATION OF THE EXPIRATION OF TRIAL OFFERS, INTRODUCTORY RATES AND AUTOMATIC CONTRACT RENEWALS.

Senator Doyle of the 9th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4701) and moved adoption.

Remarking were Senators Witkos of the 8th, Kissel of the 7th and Kane of the 32nd.

On a voice vote the amendment was Adopted.

The following is the Amendment.

In line 20, insert an opening bracket before "Such", insert a closing bracket after "the" and insert "The" before "procedure"

In line 21, insert brackets before and after "and" and insert an opening bracket before "with"

In line 23, strike the brackets before and after "before" and strike "at least fifteen days but not more than sixty days prior to"

In line 24, strike the brackets before and after "or" and strike "and"

In line 25, insert a closing bracket after "recipient" and after "recipient", insert "before the recipient's third-party debit or credit card is charged or before the recipient is required to pay an invoice. "

In line 33, after "company,", insert "a company whose business activities are within the scope of 47 CFR 25. 201 that uses frequencies specified in 47 CFR 25. 202(a)(7)," and strike the opening bracket before "or"

In line 34, strike the closing bracket after ","

In line 36, after "subsidiary", insert ", company whose business activities are within the scope of 47 CFR 25. 201", strike the opening bracket before "," and strike the closing bracket after "provider"

In line 38, after "subsidiary", insert ", company whose business activities are within the scope of 47 CFR 25. 201" and strike the opening bracket before ","

In line 39, strike the closing bracket after "provider"

In line 66, after "mail. ", insert the following: "The provisions of this subdivision shall not apply to a written contract that contains a provision for automatic renewal of the contract for a period of time of thirty-one days or less, provided such automatic renewal does not increase the price the recipient is obligated to pay for the product or service. "

On motion of Doyle of the 9th, the bill as amended by Senate Amendment Schedule “A” (LCO 4701) was placed on the Consent Calendar No. 1.

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

Senator Cassano of the 4th, explained the bill, offered Senate Amendment Schedule “A” (LCO 4596) and moved adoption.

Remarking was Senator Fasano of the 34th.

On a voice vote the amendment was Adopted.

The following is the Amendment.

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

"Section 1. Subsection (d) of section 22a-42a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(d) (1) In granting, denying or limiting any permit for a regulated activity the inland wetlands agency, or its agent, shall consider the factors set forth in section 22a-41, and such agency, or its agent, shall state upon the record the reason for its decision. In granting a permit the inland wetlands agency, or its agent, may grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity which are designed to carry out the policy of sections 22a-36 to 22a-45, inclusive. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would (A) prevent or minimize pollution or other environmental damage, (B) maintain or enhance existing environmental quality, or (C) in the following order of priority: Restore, enhance and create productive wetland or watercourse resources. Such terms may include restrictions as to the time of year in which a regulated activity may be conducted, provided the inland wetlands agency, or its agent, determines that such restrictions are necessary to carry out the policy of sections 22a-36 to 22a-45, inclusive. No person shall conduct any regulated activity within an inland wetland or watercourse which requires zoning or subdivision approval without first having obtained a valid certificate of zoning or subdivision approval, special permit, special exception or variance or other documentation establishing that the proposal complies with the zoning or subdivision requirements adopted by the municipality pursuant to chapters 124 to 126, inclusive, or any special act. The agency may suspend or revoke a permit if it finds after giving notice to the permittee of the facts or conduct which warrant the intended action and after a hearing at which the permittee is given an opportunity to show compliance with the requirements for retention of the permit, that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The applicant shall be notified of the agency's decision by certified mail within fifteen days of the date of the decision and the agency shall cause notice of their order in issuance, denial, revocation or suspension of a permit to be published in a newspaper having a general circulation in the town wherein the wetland or watercourse lies. In any case in which such notice is not published within such fifteen-day period, the applicant may provide for the publication of such notice within ten days thereafter.

(2) Any permit issued under this section for the development of property for which an approval is required under [section 8-3, 8-25 or 8-26] chapter 124, 124b, 126 or 126a shall be valid [for five years provided the agency may establish a specific time period within which any regulated activity shall be conducted] until the approval granted under such chapter expires or for ten years, whichever is earlier. Any permit issued under this section for any [other] activity for which an approval is not required under chapter 124, 124b, 126 or 126a shall be valid for not less than two years and not more than five years. Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no permit may be valid for more than ten years. "

On motion of Cassano of the 4th, the bill as amended by Senate Amendment Schedule “A” (LCO 4596) was placed on the Consent Calendar No. 1.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

HUMAN SERVICES. Substitute for H. B. No. 5312 (RAISED) (File Nos. 218 and 586) AN ACT CREATING A PROCESS FOR FAMILY CHILD CARE PROVIDERS AND PERSONAL CARE ATTENDANTS TO COLLECTIVELY BARGAIN WITH THE STATE. (As amended by House Amendment Schedules "A" and "B").

Senator Prague of the 19th explained the bill as amended and moved Passage.

Remarking were Senators Welch of the 31st, Markley of the 16th, Bye of the 5th, Prague of the 19th, McLachlan of the 24th, Boucher of the 26th, Suzio of the 13th, Kane of the 32nd and Frantz of the 36th.

SENATOR DUFF IN THE CHAIR

Remarking were Senators Roraback of the 30th, Fasano of the 34th and McKinney of the 28th.

PRESIDENT IN THE CHAIR

Senator McKinney of the 28th, offered Senate Amendment Schedule “A” (LCO 4726) and moved adoption.

Remarking were Senators Looney of the 11th, Welch of the 31st, Boucher of the 26th, Frantz of the 36th, Fasano of the 34th, Kane of the 32nd, Suzio of the 13th and Kelly of the 21st.

The chair ordered the vote be taken by roll call.

On the roll call vote Seante Amendment Schedule “A” (LCO 4726) was Rejected.

The following is the Amendment.

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

"Section 1. (Effective July 1, 2012) The sum of thirteen million dollars is appropriated to the Department of Social Services, from the General Fund, for the fiscal year ending June 30, 2013, to increase (1) the subsidy for family child care providers providing child care services under the child care subsidy program established pursuant to section 17b-749 of the general statutes (A) in a family day care home, as defined in section 19a-77 of the general statutes; or (B) in a home not requiring a license pursuant to subdivision (4) of subsection (b) of section 19a-77 of the general statutes, and (2) the benefit for consumers receiving services from a personal care attendant under a state-funded program, including, but not limited to, (A) the program for individuals with acquired brain injuries, established pursuant to section 17b-260a of the general statutes, (B) the personal care assistance program, established pursuant to section 17b-605a of the general statutes, (C) the Connecticut home care program for the elderly, established pursuant to section 17b-342 of the general statutes, (D) the pilot program to provide home care services to disabled persons, established pursuant to section 17b-617 of the general statutes, (E) the individual and family support waiver program administered by the Department of Developmental Services, (F) the comprehensive waiver program administered by the Department of Developmental Services, or (G) any state-funded program that provides services from a personal care attendant.

Sec. 2. (Effective July 1, 2012) The sum of two million dollars is appropriated to the Department of Social Services, from the General Fund, for the fiscal year ending June 30, 2013, to establish training programs for (1) family child care providers providing child care services under the child care subsidy program established pursuant to section 17b-749 of the general statutes (A) in a family day care home, as defined in section 19a-77 of the general statutes, or (B) in a home not requiring a license pursuant to subdivision (4) of subsection (b) of section 19a-77 of the general statutes, and (2) personal care attendants providing services under a state-funded program, including, but not limited to, (A) the program for individuals with acquired brain injuries, established pursuant to section 17b-260a of the general statutes, (B) the personal care assistance program, established pursuant to section 17b-605a of the general statutes, (C) the Connecticut home care program for the elderly, established pursuant to section 17b-342 of the general statutes, (D) the pilot program to provide home care services to disabled persons, established pursuant to section 17b-617 of the general statutes, (E) the individual and family support waiver program administered by the Department of Developmental Services, (F) the comprehensive waiver program administered by the Department of Developmental Services, or (G) any state-funded program that provides services from a personal care attendant. "

Senator Markley of the 16th, offered Senate Amendment Schedule “B” (LCO 4142) and moved adoption.

Remarking were Senators Suzio of the 13th and Bye of the 5th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “B” (LCO 4142) was Rejected.

The following is the Amendment.

In line 129, strike "approved" and insert "rejected"
in lieu thereof

In line 129, strike "rejected" and insert "approved" in lieu thereof

In line 130, strike "either house" and insert "both houses"

In line 130, strike "clerk" and insert "clerks" in lieu thereof

In line 131, strike "that chamber" and insert "both chambers" in lieu thereof

In line 406, strike "approved" and insert "rejected"
in lieu thereof

In line 406, strike "rejected" and insert "approved" in lieu thereof

In line 407, strike "either house" and insert "both houses"

In line 408, strike "clerk of that chamber" and insert "clerks of both chambers" in lieu thereof

Senator Markley of the 16th, offered Senate Amendment Schedule “C” (LCO 4143) and moved adoption.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “C” (LCO 4143) was Rejected.

The following is the Amendment.

In line 132, strike "Once approved by"

Strike lines 133 to 136, inclusive, in their entirety.

In line 409, strike "Once"

Strike lines 410 to 413, inclusive, in their entirety.

Senator Markley of the 16th, offered Senate Amendment Schedule “D” (LCO 4155) and moved adoption.

Remarking was Senator Kane of the 32nd.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “D” (LCO 4155) was Rejected.

The following is the Amendment.

In line 73, strike "or subsection (g) of"

In line 74, strike "this section"

Strike lines 140 to 149, inclusive, in their entirety

In line 262, strike "or"

In line 263, strike "subsection (f) of section 6 of this act"

Strike lines 428 to 437, inclusive, in their entirety

Senator Markley of the 16th, offered Senate Amendment Schedule “E” (LCO 4145) and moved adoption.

Remarking were Senators Bye of the 5th, Suzio of the 13th and Frantz of the 36th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “E” (LCO 4145) was Rejected.

The chair ordered the vote be taken by roll call.

The following is the Amendment.

In line 58, after "ballot. " insert "An election for the designation of an organization as the exclusive bargaining representative of family child care providers shall be conducted not less than every three calendar years. "

In line 357, after "ballot. " insert "An election for the designation of an organization as the exclusive bargaining representative of personal care attendants shall be conducted not less than every three calendar years. "

Senator Markley of the 16th, offered Senate Amendment Schedule “F” (LCO 4233) and moved adoption.

Remarking was Senator Kane of the 32nd.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “F” (LCO 4233) was Rejected.

The following is the Amendment.

In line 41, after "bargaining" insert ", provided such family child care provider agrees to such deduction in writing"

In line 341, after "bargaining" insert ", provided such personal care attendant agrees to such deduction in writing"

Senator Markley of the 16th, offered Senate Amendment Schedule “G” (LCO 4386) and moved adoption.

Remarking was Senator Boucher of the 26th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “G” (LCO 4386) was Rejected.

The following is the Amendment.

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

"Sec. 501. (NEW) (Effective October 1, 2012) No organization designated by the state board of labor relations, pursuant to section 5-275 of the general statutes or subsection (g) of section 2 of this act, as the exclusive bargaining agent of family child care providers may use any dues, fees or assessments contributed by a family child care provider for any purpose other than expenditures related to the negotiation of wages, hours and other conditions of employment, unless such provider consents in writing.

Sec. 502. (NEW) (Effective October 1, 2012) No organization designated by the state board of labor relations, pursuant to section 5-275 of the general statutes or subsection (f) of section 6 of this act, as the exclusive bargaining agent of personal care attendants may use any dues, fees or assessments contributed by a personal care attendant for any purpose other than expenditures related to the negotiation of wages, hours and other conditions of employment, unless such attendant consents in writing. "

Senator Markley of the 16th, offered Senate Amendment Schedule “H” (LCO 4151) and moved adoption.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “H” (LCO 4151) was Rejected.

The following is the Amendment.

In line 112, strike "and"

In line 113, after "providers" insert "; and (F) the state's financial condition, future financial outlook and ability to pay

In line 390, strike "and"

In line 391, after "attendants" insert "; and (F) the state's financial condition, future financial outlook and ability to pay

Senator McKinney of the 28th, offered Senate Amendment Schedule “I” (LCO 4757) and moved adoption.

Remarking were Senators Markley of the 16th, Kane of the 32nd and Bye of the 5th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “I” (LCO 4757) was Rejected.

The following is the Amendment.

Strike sections 4 to 8, inclusive, in their entirety, and insert the following in lieu thereof:

"Sec. 4. (NEW) (Effective July 1, 2012) For purposes of this section and sections 5 to 7, inclusive, of this act:

(1) "Employer" means a person who receives services from a personal care attendant under a state-funded program, including, but not limited to, (A) the program for individuals with acquired brain injuries, established pursuant to section 17b-260a of the general statutes, (B) the personal care assistance program, established pursuant to section 17b-605a of the general statutes, (C) the Connecticut home care program for the elderly, established pursuant to section 17b-342 of the general statutes, (D) the pilot program to provide home care services to disabled persons, established pursuant to section 17b-617 of the general statutes, (E) the individual and family support waiver program administered by the Department of Developmental Services, (F) the comprehensive waiver program administered by the Department of Developmental Services, and (G) any state-funded program that provides services from a personal care attendant;

(2) "Surrogate" means an employer's legal guardian or a person identified in a written agreement as having responsibility for the care of an employer;

(3) "Personal care attendant" means any person employed by an employer or surrogate to provide personal care assistance to an employer; and

(4) "Personal care assistance" means supportive home care, direct support services, personal care or another nonprofessional service provided to a person with a disability or an elderly person who requires assistance to (A) meet such person's daily living needs, (B) ensure such person may adequately function in such person's home, or (C) provide such person with safe access to the community.

Sec. 5. (NEW) (Effective July 1, 2012) (a) There is established the Personal Care Attendant Workforce Council to ensure the quality of long-term personal home care. Said council shall be composed of the following members:

(1) The Commissioner of Social Services, or the commissioner's designee;

(2) The Commissioner of Developmental Services, or the commissioner's designee;

(3) The Healthcare Advocate, or the Healthcare Advocate's designee;

(4) The Secretary of the Office of Policy and Management, or the secretary's designee;

(5) Three appointed by the Governor one of whom shall be an employer with a developmental disability, or such employer's surrogate, one of whom shall be an employer with a physical disability, or such employer's surrogate, and one of whom shall be an elderly employer, or such employer's surrogate;

(6) One appointed by the speaker of the House of Representatives who shall be an employer with a developmental disability, or such employer's surrogate;

(7) One appointed by the president pro tempore of the Senate who shall be an employer with a physical disability, or such employer's surrogate;

(8) One appointed by the majority leader of the House of Representatives who shall be an elderly employer, or such employer's surrogate;

(9) One appointed by the majority leader of the Senate who shall be an employer with a developmental disability, or such employer's surrogate;

(10) One appointed by the minority leader of the House of Representatives who shall be an employer with a physical disability, or such employer's surrogate; and

(11) One appointed by the minority leader of the Senate who shall be an elderly employer, or such employer's surrogate.

(b) All initial appointments to the council shall be made not later than August 1, 2012. The chairperson of the council shall be appointed by the Governor from among its members. The chairperson shall convene the first meeting of the council not later than September 1, 2012. Members of the council shall serve coterminously and at the pleasure of the appointing authority in accordance with section 4-1a of the general statutes. A majority of the members of the Personal Care Attendant Workforce Council shall constitute a quorum for the transaction of any business. Members of the Personal Care Attendant Workforce Council shall receive no compensation for their service but shall be reimbursed for actual expenses necessarily incurred in performance of their duties. The council shall be within the Department of Social Services for administrative purposes only.

(c) The Personal Care Attendant Workforce Council shall have the following duties and responsibilities relating to personal care attendants: (1) Study issues relating to the recruitment, retention and adequacy of personal care attendants; and (2) develop a plan to improve the quality, stability and availability of personal care attendants by (A) developing a means to identify and recruit personal care attendants, (B) developing training and educational opportunities for personal care attendants and employers, (C) developing one or more registries to (i) provide routine, emergency and respite referrals of qualified personal care attendants to employers and surrogates who are authorized to receive long-term, in-home personal care services by a personal care attendant, (ii) enable employers and surrogates to access information about prospective personal care attendants such as their training, educational background and work experience, and (iii) provide appropriate employment opportunities for personal care attendants, and (D) establishing standards for wages, benefits and conditions of employment for personal care attendants.

(d) On or after July 1, 2013, the commissioners of the departments having cognizance of the covered waiver programs shall review the plans recommended by the Personal Care Attendant Workforce Council pursuant to subsection (c) of this section. The commissioners shall include in budgetary requests submitted to the Office of Policy and Management requests for funding necessary to implement aspects of such plans that meet said commissioners' approval.

(e) (1) For purposes of sections 4-65a and 5-270 of the general statutes and subsection (a) of section 5-278 of the general statutes, the Personal Care Attendant Workforce Council shall be within the executive branch of state government. An organization representing personal care attendants that has been designated by the State Board of Labor Relations, pursuant to section 5-275 of the general statutes or subsection (f) of section 6 of this act, as the exclusive bargaining agent of such personal care attendants, shall have the right to bargain with the state concerning the terms and conditions of participation of personal care attendants in the programs covered by this section and section 4 of this act, including, but not limited to, (A) state reimbursement rates, (B) benefits, (C) payment procedures, (D) contract grievance arbitration, and (E) training, professional development and other requirements and opportunities appropriate for such personal care attendants.

(2) (A) No provision of any agreement or award which may be reached pursuant to collective bargaining between the state and any organization representing personal care attendants shall interfere with the right of an employer or surrogate to hire, refuse to hire, supervise, direct the activities of, or terminate the employment of any personal care attendant.

(B) In those covered programs where budgets provided to employers receiving direct support services are allocated using the individual budget methodology, budgets shall be increased to account for additional expenses caused by a contract or award negotiated in accordance with this section which includes increases in wages or benefits.

(f) (1) Not later than October 1, 2012, and monthly thereafter, the Personal Care Attendant Workforce Council shall compile and maintain a registry list of the names and addresses of all personal care attendants who have been paid through the state-funded programs identified in subdivision (1) of section 4 of this act within the previous six calendar months. The list shall not include the name of any employer, or indicate that a personal care attendant is a relative of an employer or has the same address as an employer. Any fiscal intermediary that provides administrative services to the state concerning state-funded programs shall assist and cooperate with said council in compiling and maintaining such list. The Personal Care Attendant Workforce Council shall utilize such list for the purposes of this section and sections 6 and 7 of this act. Such list shall be a public record, as defined in section 1-200 of the general statutes.

(2) Not later than seven days after receiving a request from an employee organization, as defined in subsection (d) of section 5-270 of the general statutes, that is interested in representing an appropriate unit of personal care attendants, the Personal Care Attendant Workforce Council shall provide to the employee organization the most recent list of personal care attendants compiled pursuant to subdivision (1) of this subsection.

Sec. 6. (NEW) (Effective July 1, 2012) (a) Personal care attendants shall not be considered state employees and shall be exempt from any and all provisions of the general statutes creating rights, obligations, privileges or immunities to state employees as a result of or incident to their state service.

(b) Personal care attendants shall have the right to bargain collectively and shall have such other rights and obligations incident thereto as are created by sections 5-270 to 5-279, inclusive, of the general statutes except as set forth in subsections (c), (d) and (f) of this section, except:

(1) The following shall be prohibited subjects of bargaining: (A) An employer or surrogate's right to (i) hire or refuse to hire, (ii) supervise, (iii) direct the activities of, or (iv) terminate the employment of any personal care attendant, (B) any proposal that would prevent surrogates from hiring personal care attendants not on the registry list described in section 5 of this act, (C) any proposal that would prevent employers or surrogates from requiring any additional training, (D) a procedure for grievance arbitration against any employer or surrogate, and (E) application of state employee benefits to personal care attendants, including, but not limited to, health benefits and pensions;

(2) No provision of any agreement or award shall provide for a reduction in Medicaid funds provided to the state, nor shall any provision of any agreement or award provide for a reduction in the services of personal care attendants to employers. Any provision in any agreement or award which would require an additional appropriation in order to maintain the levels of services provided by existing appropriations shall be submitted to the General Assembly for approval in accordance with subdivision (8) of subsection (c) of this section;

(3) The provisions of section 5-280 of the general statutes shall not apply to personal care attendants. An agreement or award reached pursuant to this section may include provisions calling for the state or its fiscal intermediary to deduct from reimbursement payments the regular dues, fees and assessments that a member is charged and nonmember service fees limited to the lesser of dues and initiation fees required of members or the proportionate share of expenses incident to collective bargaining. Dues or fees may be charged only with respect to earnings from participation in the waiver programs covered by this section. No dues or fees may be charged for the first sixty days of a personal care attendant's participation in a program covered by this section;

(4) The provisions of sections 5-276a and 5-276b of the general statutes and subsections (b) to (g), inclusive, of section 5-278 of the general statutes shall not apply to collective bargaining involving personal care attendants. Any impasse between the parties shall be resolved in accordance with subsection (c) of this section;

(5) In any proceeding which may be filed under section 5-272 of the general statutes, the State Board of Labor Relations shall be without jurisdiction over, or authority to issue any remedy against, any employer or surrogate; and

(6) Any election required in order to resolve any question concerning representation involving personal care attendants shall be conducted by mail ballot. No provision of this section shall grant personal care attendants a right to strike and such strikes are prohibited.

(c) (1) If the organization representing personal care attendants and the state do not reach an agreement not later than one hundred fifty days after negotiations have begun, the parties shall jointly select an arbitrator. The arbitrator selected shall have experience as an impartial arbitrator of labor-management disputes and shall not be an individual employed as an advocate or consultant for labor or management in labor-management disputes. If the parties fail to agree on an arbitrator not later than one hundred sixty days after the negotiations have begun, the selection shall be made using the procedures under the voluntary labor arbitration rules of the American Arbitration Association.

(2) Each party shall submit to the arbitrator, and to the other party, a proposal setting forth such party's position on how each of the unresolved issues shall be resolved.

(3) The arbitrator shall convene a hearing to allow each party to provide evidence and argument to the arbitrator. Each party shall have the right to submit written briefs to the arbitrator. The arbitration record shall be officially closed at the close of the hearing or the arbitrator's receipt of briefs, whichever is later.

(4) The arbitrator's authority is limited to selecting the complete proposal of one party or the other's on any unresolved issue. The arbitrator shall issue an award not later than forty-five days after the close of the record.

(5) The factors to be considered by the arbitrator in arriving at a decision are: (A) The nature and needs of the personal care assistance program and the needs and welfare of employers, including interests in better recruitment, retention and quality with respect to the covered personal care attendants; (B) the history of negotiations between each party including those leading to the proceeding; (C) the existing conditions of employment of similar groups of workers; (D) changes in the cost of living; and (E) the interests and welfare of the covered personal care attendants.

(6) The costs of the arbitrator and any fees associated with the arbitration proceeding shall be shared equally by each party.

(7) Any agreement or award reached pursuant to this section shall be reduced to writing and submitted to the General Assembly for approval by filing the agreement or award with the clerks of the House of Representatives and Senate. No provision of any agreement or award resulting from the collective bargaining process which would require supercedence of any law or regulation shall take effect without affirmative legislative approval.

(8) Notwithstanding any other provision of sections 5 to 7, inclusive, of this act, any provision of any agreement or award requiring the appropriation of additional funds shall be subject to the state's regular budgetary approval process, subject to funds being made available and affirmative legislative approval. Other provisions of the agreement or award shall be deemed approved unless affirmatively rejected by a majority of either house not later than thirty days after the filing with the clerk of that chamber, provided the thirty-day period shall not begin or expire unless the General Assembly is in regular session. Once approved by the General Assembly, any provision of an agreement or award need not be resubmitted by the parties to such agreement or award as part of a future agreement approval process unless changes in the language of such provision are negotiated by the parties.

(d) The provisions of this section shall not alter the obligations of the state or the employer to provide the state's or the employer's share of Social Security, federal and state unemployment contributions, Medicare or workers' compensation insurance.

(e) The bargaining units of personal care attendants appropriate for the purpose of collective bargaining shall be (1) a state-wide unit of all personal care attendants, (2) a state-wide unit of personal care attendants who provide services under programs administered by the Department of Social Services, or (3) a state-wide unit of personal care attendants who provide services under programs administered by the Department of Developmental Services. Personal care attendants who are members of the employer's or surrogate's family shall not be excluded from the bargaining unit because of such personal care attendant's familial relationship to an employer or surrogate.

(f) Any organization certified as the majority representative of personal care attendants in any election held prior to the effective date of this section, pursuant to Executive Order Number 10 of Governor Dannel P. Malloy, may provide proof of such certification to the State Board of Labor Relations and the State Board of Labor Relations shall certify such majority representative as the exclusive bargaining representative for such personal care attendants without the requirement of an additional election unless and until such time as a question concerning representation is appropriately raised under this section and section 2 of this act.

Sec. 7. (NEW) (Effective July 1, 2012) The Commissioners of Social Services and Developmental Services shall submit any application for a waiver of federal law necessary to effectuate the provisions of sections 4 to 6, inclusive, of this act, in accordance with the provisions of section 17b-8 of the general statutes. The Commissioners of Social Services and Developmental Services and any other department or agency of the state shall take all actions reasonably necessary to obtain approval for any such waiver and to ensure the continuation of necessary federal funding.

Sec. 8. (NEW) (Effective July 1, 2012) The state shall not be liable for any action, including, but not limited to, any civil action, any grievance arbitration or any prohibited practice proceeding, brought by the exclusive bargaining agent of such personal care attendants based upon any alleged wrongdoing by an employer or surrogate arising pursuant to sections 5 to 7, inclusive, of this act. "

Senator Markley of the 16th, offered Senate Amendment Schedule “J” (LCO 4764) and moved adoption.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “J” (LCO 4764) was Rejected.

The following is the Amendment.

In line 444, after "obtain" insert "timely"

In line 446, after "funding. " insert "Implementation of any collective bargaining agreement must be contingent upon successful submission and approval of the Department of Social Services' and Department of Developmental Services' waiver amendments. "

Senator Markley of the 16th, offered Senate Amendment Schedule “K” (LCO 4152) and moved adoption.

Remarking was Senator McLachlan of the 24th.

The chair ordered the vote be taken by roll call.

On the roll call vote Senate Amendment Schedule “K” (LCO 4152) was Rejected.

The following is the Amendment.

In line 149, after "act. " insert "This section and sections 1 and 3 of this act are not severable. If a court of competent jurisdiction finds that Executive Order Number 9 of Governor Dannel P. Malloy is unconstitutional, in violation of any state or federal law, or otherwise invalidates such order, this section and sections 1 and 3 of this act shall be null and void. "

In line 437, after "act. " insert "This section and sections 4, 5, 7 and 8 of this act are not severable. If a court of competent jurisdiction finds that Executive Order Number 10 of Governor Dannel P. Malloy is unconstitutional, in violation of any state or federal law, or otherwise invalidates such order, this section and sections 4, 5, 7 and 8 of this act shall be null and void. "

Remarking were Senators Looney of the 11th, Prague of the 19th, Bye of the 5th, McKinney of the 28th and Williams of the 29th

On the roll call vote House Bill No. 5312 as amended by House Amendment Schedule “A” and “B” was Passed. In Concurrence with the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT FAVORABLE COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 1

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

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 5030 (RAISED) (File Nos. 4 and 301) AN ACT CONCERNING THE DEVELOPMENT OF A GENERAL EDUCATION CORE OF COURSES TO ALLOW FOR THE SEAMLESS TRANSFER AMONG PUBLIC INSTITUTIONS OF HIGHER EDUCATION. (As amended by House Amendment Schedule "A").