JOURNAL OF THE SENATE

Monday, March 25, 2013

The Senate was called to order at 10: 20 a. m. in accordance with the provisions of Senate Rule 9(b), and under the authority of the President Pro Tempore and the Senate Minority Leader.

The prayer was offered by Acting Chaplain, Laura Bartok of Bristol, Connecticut.

The following is the prayer:

Lord, help us to learn that to honor is to show respect, to meet another's need to give someone encouragement to love in word and deed. Amen

Pursuant to Senate Rule 9(b) the Senate is called into Session, by the Office of the Senate Clerk's under the authority of the President Pro Tempore and the Senate Minority Leader.

It is hereby moved that Senate Agenda Number 1, dated March 25, 2013, is adopted, the items on said Agenda shall be acted upon as indicated and that the Agenda shall be incorporated into the Senate Journal and Senate Transcript.

COMMUNICATIONS FROM HIS EXCELLENCY

THE GOVERNOR

The following communications were received from His Excellency, the Governor, read by the Clerk and referred to the Senate Committee on Executive and Legislative Nominations:

March 25, 2013

TO THE HONORABLE SENATE:

Pursuant to Sections 4-1, 4-9c and 10a-103 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint SHARI G. CANTOR from West Hartford, to be a member of the Board of Trustees for the University of Connecticut, to serve a term starting July 1, 2013 and ending June 30, 2019 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

March 25, 2013

TO THE HONORABLE SENATE:

Pursuant to Sections 4-1, 4-9c and 10a-103 of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint ANDY F. BESSETTE from West Hartford, to be a member of the Board of Trustees for the University of Connecticut, to serve a term starting July 1, 2013 and ending June 30, 2019 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

COMMUNICATIONS FROM HIS EXCELLENCY

THE GOVERNOR

The following communications were received from His Excellency, the Governor, read by the Clerk and referred to the Joint Standing Committee on Executive and Legislative Nominations:

March 25, 2013

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Sections 4-1 and 10-153f of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint FLOYD J. DUGAS, ESQUIRE from Milford, to be a member of the Education Arbitration Board, representing the interests of local and regional boards of education, to serve a term ending June 30, 2014 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

March 25, 2013

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Sections 4-1 and 10-153f of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint ERIC W. CHESTER from North Haven, to be a member of the Education Arbitration Board, representing the interests of exclusive bargaining representatives of certified employees, to serve a term ending June 30, 2014 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

March 25, 2013

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Sections 4-1 and 10-153f of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, reappoint JAMES C. FERGUSON from New Haven, to be a member of the Education Arbitration Board, representing the interests of exclusive bargaining representatives of certified employees, to serve a term ending June 30, 2014 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

March 25, 2013

TO THE HONORABLE GENERAL ASSEMBLY:

Pursuant to Sections 4-1 and 10-153f of the Connecticut General Statutes, I have the honor to nominate and, with your advice and consent, appoint WILLIAM R. CONNON from Canton, to be a member of the Education Arbitration Board, representing the interests of local and regional boards of education, to serve a term ending June 30, 2014 or until a successor is appointed and has qualified, whichever is longer.

Sincerely,

Dannel P. Malloy

Governor

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

CHANGE OF REFERENCE

SENATE BILLS

The following favorable reports on a Senate Bills recommending a change of reference were received from the Joint Standing Committees indicated, the report of the Committees accepted, and the bills referred as recommended:

HUMAN SERVICES. Substitute for S. B. No. 595 (COMM) AN ACT EQUALIZING SUPPORT FOR CHILDREN WHO AGE OUT OF SERVICES.

The bill was referred to the Committee on Appropriations.

HUMAN SERVICES. Substitute for S. B. No. 854 (RAISED) AN ACT CONCERNING SOCIAL INNOVATION INVESTMENT.

The bill was referred to the Committee on Appropriations

PUBLIC SAFETY AND SECURITY. S. B. No. 969 (RAISED) AN ACT CONCERNING FEES CHARGED FOR CRIMINAL HISTORY RECORDS CHECKS.

The bill was referred to the Committee on Finance, Revenue and Bonding.

HUMAN SERVICES. Substitute for S. B. No. 1023 (RAISED) AN ACT CONCERNING REVENUE RETENTION BY NONPROFIT HEALTH AND HUMAN SERVICES PROVIDERS.

The bill was referred to the Committee on Appropriations

HUMAN SERVICES. Substitute for S. B. No. 1087 (RAISED) AN ACT CONCERNING A RESPITE PILOT PROGRAM TO SAVE MEDICAID HOSPITALIZATION COSTS.

The bill was referred to the Committee on Appropriations.

BUSINESS FROM THE HOUSE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

CHANGE OF REFERENCE

HOUSE BILL

The following favorable report on House Bill recommending a change of reference was received from the Joint Standing Committee indicated, the report of the Committee accepted, and the bill referred as recommended:

PUBLIC SAFETY AND SECURITY. H. B. No. 5117 (COMM) AN ACT CONCERNING INCREASED PENALTIES FOR FAILING TO STOP FOR SCHOOL CROSSING GUARDS.

The bill was referred to the Committee on Judiciary.

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE BILLS

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

PUBLIC HEALTH. S. B. No. 63 (COMM) (File No. 103) AN ACT CONCERNING GRANTS FROM THE BIOMEDICAL RESEARCH TRUST FUND FOR STROKE RESEARCH.

CHILDREN. Substitute for S. B. No. 158 (COMM) (File No. 104) AN ACT ESTABLISHING A TASK FORCE ON THE PREVENTION OF SEXUAL ABUSE OF CHILDREN.

GENERAL LAW. Substitute for S. B. No. 319 (COMM) (File No. 105) AN ACT PROHIBITING MANDATORY ALTERNATIVE DISPUTE RESOLUTION CLAUSES IN HOME IMPROVEMENT AND NEW HOME CONSTRUCTION CONTRACTS.

GENERAL LAW. Substitute for S. B. No. 439 (COMM) (File No. 106) AN ACT CONCERNING GASOLINE PUMP DISPLAY SCREENS.

PUBLIC HEALTH. S. B. No. 465 (COMM) (File No. 107) AN ACT REQUIRING NEWBORN SCREENING FOR ADRENOLEUKODYSTROPHY.

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 807 (RAISED) (File No. 108) AN ACT CONCERNING WATER INFRASTRUCTURE AND CONSERVATION, MUNICIPAL REPORTING REQUIREMENTS AND UNPAID UTILITY ACCOUNTS AT MULTI-FAMILY DWELLINGS.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 815 (RAISED) (File No. 109) AN ACT CONCERNING THE CONSOLIDATION OF NONEDUCATIONAL SERVICES.

AGING. Substitute for S. B. No. 837 (File No. 110) AN ACT CONCERNING THE DEPARTMENT ON AGING.

AGING. Substitute for S. B. No. 886 (RAISED) (File No. 111) AN ACT CONCERNING AGING IN PLACE.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 891 (RAISED) (File No. 112) AN ACT AMENDING THE DEFINITION OF MANAGERIAL EMPLOYEE.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 909 (RAISED) (File No. 113) AN ACT CONCERNING UNEMPLOYMENT CONFORMITY.

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 928 (RAISED) (File No. 114) AN ACT CONCERNING PRECIOUS METALS OR STONES DEALERS.

INSURANCE AND REAL ESTATE. Substitute for S. B. No. 955 (RAISED) (File No. 115) AN ACT CONCERNING PHARMACY AUDITS.

INSURANCE AND REAL ESTATE. S. B. No. 958 (RAISED) (File No. 116) AN ACT CONCERNING ELECTRONIC FUNDS TRANSFER PAYMENTS BY PHARMACY BENEFITS MANAGERS TO PHARMACIES.

INSURANCE AND REAL ESTATE. S. B. No. 959 (RAISED) (File No. 117) AN ACT CONCERNING THE GRACE PERIOD FOR LIFE INSURANCE POLICIES AND DESIGNATION OF THIRD PARTIES TO RECEIVE CANCELLATION NOTICES.

VETERANS' AFFAIRS. Substitute for S. B. No. 1034 (RAISED) (File No. 118) AN ACT CONCERNING VETERANS AFFAIRS.

JUDICIARY. S. B. No. 1061 (RAISED) (File No. 119) AN ACT CONFIRMING AND ADOPTING VOLUMES 1 TO 13, INCLUSIVE, OF THE GENERAL STATUTES, REVISED TO 2013.

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 1138 (RAISED) (File No. 120) AN ACT CONCERNING CONNECTICUT'S CLEAN ENERGY GOALS.

INTRODUCTION OF BILLS

In accordance with the provisions of Senate Rule 9(b), the first reading of the following bills and resolutions was waived, the list of bills and resolutions as prepared by the Clerks was accepted, and the bills and resolutions referred to the Committees as indicated thereon in concurrence:

PLANNING AND DEVELOPMENT

S. B. No. 128 (COMM) PLANNING AND DEVELOPMENT. 'AN ACT REQUIRING THE DEVELOPMENT OF A MUNICIPAL WEB PORTAL', to require the Commissioner of Administrative Services to establish a web portal to assist municipalities with the development of e-government initiatives.

JUDICIARY

S. B. No. 178 (COMM) JUDICIARY. 'AN ACT CONCERNING THE CONTINUATION OF CHILD SUPPORT OBLIGATIONS AFTER THE TERMINATION OF PARENTAL RIGHTS DUE TO ABUSE OR NEGLECT OF THE CHILD', to require continued child support payments from a parent whose parental rights are terminated due to the abuse or neglect of the child.

PLANNING AND DEVELOPMENT

S. B. No. 620 (COMM) PLANNING AND DEVELOPMENT. 'AN ACT ESTABLISHING A PILOT PROGRAM TO AUDIT CERTAIN MUNICIPALITIES', to establish a pilot program to provide transparency in government and assess the effectiveness of state funding to municipalities for certain programs and services.

S. B. No. 706 (COMM) PLANNING AND DEVELOPMENT. 'AN ACT CONCERNING THE GOVERNING BOARD OF THE HARBOR POINT DISTRICT', to provide for staggered terms for directors of the Harbor Point district in Stamford, to ensure a gradual turnover in the governing body of the district.

JUDICIARY

S. B. No. 735 (COMM) JUDICIARY. 'AN ACT CONCERNING ACTIONS AGAINST SCHOOL SECURITY CONSULTANTS', to provide immunity for school security consultants and encourage the hiring of such school security consultants.

S. B. No. 736 (COMM) JUDICIARY. 'AN ACT ESTABLISHING A PROTOCOL CONCERNING THE CHAIN OF CUSTODY FOR PERSONAL PROPERTY TRANSFERRED BY AN ARRESTED PERSON TO A POLICE OFFICER', to require the Commissioner of Emergency Services and Public Protection, in consultation with the Police Officer Standards and Training Council, to jointly develop a protocol concerning the chain of custody of personal property transferred by an arrested person to a police officer.

S. B. No. 1151 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE RECORDING OF TELEPHONIC COMMUNICATIONS', to amend provisions concerning the illegal recording of telephonic communications.

S. B. No. 1152 (RAISED) JUDICIARY. 'AN ACT CONCERNING PETITION FOR RELEASE FROM THE REQUIREMENT TO REGISTER AS A SEXUAL OFFENDER FOR LIFE', to allow a person who is subject to registration as a sexual offender for life to apply to the Superior Court for release from such registration requirement after such person has been on the registry for ten years or more.

PLANNING AND DEVELOPMENT

H. B. No. 5724 (COMM) PLANNING AND DEVELOPMENT. 'AN ACT PROHIBITING MUNICIPAL EMPLOYEES FROM SERVING ON CERTAIN MUNICIPAL LEGISLATIVE BODIES', to prohibit municipal employees from serving on any governmental body charged with preparing the municipal budget except when authorized by charter or home rule ordinance.

H. B. No. 6311 (COMM) PLANNING AND DEVELOPMENT. 'AN ACT PROHIBITING MUNICIPALITIES FROM ADOPTING BREED-SPECIFIC DOG ORDINANCES', to prohibit municipalities from adopting breed-specific dog ordinances.

H. B. No. 6334 (COMM) PLANNING AND DEVELOPMENT. 'AN ACT MANDATING THE REGIONALIZATION OF CERTAIN PUBLIC SAFETY EMERGENCY TELECOMMUNICATIONS CENTERS AND A STUDY OF CONSOLIDATION', to provide funding to those municipalities that have formed a regional emergency telecommunications center and to require the Office of State-Wide Emergency Telecommunications to conduct a study of the feasibility of consolidating emergency telecommunications centers.

JUDICIARY

H. B. No. 6675 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE PLANNING OF FUNERALS WHEN ONE SPOUSE HAS COMMITTED CRIMINAL ACTS AGAINST HIS OR HER SPOUSE OR A MINOR CHILD', to specify that the commission of certain heinous criminal acts by one spouse against the other, or against a minor child, shall result in the spouse who committed such acts losing his or her rights to participate in decision making related to the funeral arrangements for a decedent spouse.

H. B. No. 6676 (RAISED) JUDICIARY. 'AN ACT CONCERNING IMPLEMENTATION OF THE PROJECT LONGEVITY INITIATIVE ON A STATE-WIDE BASIS', to require the Secretary of the Office of Policy and Management to take measures to ensure the implementation of the Project Longevity Initiative on a state-wide basis.

H. B. No. 6677 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE IMPOSITION OF A COMMUNITY SERVICE REQUIREMENT UPON A MINOR WHO PURCHASES TOBACCO PRODUCTS', to provide the Commissioner of Revenue Services and the superior court for juvenile matters with the authority to require that a minor child, found to have purchased tobacco products, complete a program of community service in lieu of the payment of a fine or civil penalty.

H. B. No. 6678 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE SERVICE OF A CAPIAS MITTIMUS IN A CHILD SUPPORT ENFORCEMENT MATTER', to (1) increase the collection of past due child support by allowing a municipal police officer or a state police officer to serve a capias mittimus ordered by the court or a family support magistrate, and (2) require the Chief Court Administrator to collaborate with the Commissioners of Social Services and Emergency Services and Public Protection in devising a means by which a capias mittimus order is transmitted to and made accessible on the Connecticut online law enforcement communications teleprocessing system.

H. B. No. 6679 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE COUNTING OF INCARCERATED PERSONS FOR PURPOSES OF DETERMINING LEGISLATIVE DISTRICTS AND DISTRIBUTING STATE AND FEDERAL FUNDS', to provide for the adjustment of population data so as to count incarcerated persons as residents of their last town of residence rather than as residents of the town in which the correctional facility is located.

H. B. No. 6680 (RAISED) JUDICIARY. 'AN ACT CONCERNING ACCESS TO JOINTLY HELD ASSETS THAT ARE LOCATED IN A SAFE DEPOSIT BOX', to provide the Probate Court with the authority to enter an order that allows the owner of a jointly held asset to remove such asset from a safe deposit box, which is solely owned by another person who has died, while in the presence of a bank officer.

H. B. No. 6681 (RAISED) JUDICIARY. 'AN ACT CONCERNING OPERATION OF A TRUCK IN VIOLATION OF A TRAFFIC CONTROL REGULATION PROHIBITING THROUGH TRUCK TRAFFIC', to clarify that the infraction of operation of a truck on a highway where truck passage is prohibited is enforceable absent a showing by the operator that he or she has a permit for such use or evidence of a destination or origin related to such highway.

H. B. No. 6682 (RAISED) JUDICIARY. 'AN ACT CONCERNING COLLABORATION BETWEEN BOARDS OF EDUCATION AND LAW ENFORCEMENT PERSONNEL', to require local and regional boards of education to adopt policies or enter into memoranda of understanding with law enforcement agencies concerning the use of law enforcement personnel in schools.

H. B. No. 6683 (RAISED) JUDICIARY. 'AN ACT CONCERNING THE ABATEMENT OF A PUBLIC NUISANCE', to revise the statutory criteria relating to (1) conditions that create a public nuisance, and (2) the state's burden of proof in actions undertaken to abate a public nuisance.

ADJOURNMENT

The Senate at 10: 21 a. m. adjourned under provisions of Senate Rule 9(b) subject to the call of the chair.