Wednesday, February 8, 1989
February 8, 1989] JOURNAL OF THE SENATE
JOURNAL OF THE SENATE [Wednesday,
The Senate was called to order at 11:32 a.m., the President in
the Chair.
The Prayer was offered by the Chaplain, Rev. Joseph A. Devine
of Waterbury, Connecticut.
The following is the prayer.
Let us pray: O God, who has given us this beautiful State of
Connecticut as our heritage, we pray today for strength, courage
and guidance. We ask your blessings not only on ourselves in the
Circle but on all the people of our state whom we so faithfully
serve. We ask this through our Heavenly Father. Amen.
____________________
PLEDGE
Senator Larson of the 3rd led the Senate in the Pledge of
Allegiance.
____________________
PETITION
The following petition was received by the Clerk of the
Senate, Wednesday February 8, 1989 in accordance with the
provisions of Joint Rule 11.
PETITION NO. 10
In accordance with the provisions of Joint Rule 11, the
Committee on Planning and Development is respectfully requested to
draft a Bill based on Proposed Senate Bill No. 595, entitled "AN
ACT CONCERNING MUNICIPAL HISTORIANS".
SEN. UPSON, 15th DIST.
SEN. HAMPTON, 33rd DIST.
SEN. GUNTHER, 21st DIST.
SEN. SCOTT, 14th DIST.
SEN. FREEDMAN, 26th DIST.
SEN. BENVENUTO, 36th DIST.
SEN. EADS, 30th DIST.
SEN. ROBERTSON, 34th DIST.
SEN. LOVEGROVE, 28th DIST.
SEN. McLAUGHLIN, 32nd DIST.
SEN. SOMMA, 16th DIST.
SEN. SCARPETTI, 22nd DIST.
____________________
COMMUNICATION 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:
February 3,1989
TO THE HONORABLE SENATE:
Pursuant to Sections 17-257b of the Connecticut General
Statutes, I have the honor to nominate, and with your advice and
consent reappoint, EZRA E. H. GRIFFITH, M.D. of North Haven, to be
a member of the Psychiatric Security Review Board, as a
psychiatrist experienced with the criminal justice system, to
serve from June 30, 1989, for the term ending June 30, 1995.
WILLIAM A. O'NEILL
Governor
February 3,1989
TO THE HONORABLE SENATE:
Pursuant to Sections 17-257b of the Connecticut General
Statutes, I have the honor to nominate, and with your advice and
consent reappoint, ROBERT B. BERGER, ESQUIRE of Enfield, to be a
member of the Psychiatric Security Review Board, as a attorney who
is a member of the bar of this state, to serve from June 30, 1989,
for the term ending June 30, 1995.
Pursuant to Section 4-9a of the Connecticut General Statutes,
I am also appointing him Chairman of the Psychiatric Security
Review Board, to serve at the pleasure of the Governor.
WILLIAM A. O'NEILL
Governor
NOTE: Term Correction
____________________
INTRODUCTION OF BILLS
SENATE AND HOUSE BILLS AND RESOLUTIONS
On motion of Senator O'Leary of the 7th, 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:
JUDICIARY
S.B. No. 2 (COMM) JUDICIARY. 'AN ACT REINSTATING AND
VALIDATING THE CORPORATE EXISTENCE OF FALVEY TRUCKING &
EXCAVATING, INC., LANDMARK CONNECTICUT HOTEL CORP. AND TEN
HARTFORD AVENUE, INC', to reinstate and validate the corporate
existence of Falvey Trucking & Excavating, Inc., Landmark
Connecticut Hotel Corp. and Ten Hartford Avenue, Inc.
PUBLIC SAFETY
S.B. No. 157 (COMM) PUBLIC SAFETY. 'AN ACT CONCERNING
AUTHORIZATION OF BONDS OF THE STATE FOR THE ERECTION OF A VETERANS
WAR MEMORIAL IN HAMDEN', to provide funds for the erection of a
veterans war memorial in Hamden.
S.B. No. 179 (COMM) PUBLIC SAFETY. 'AN ACT CONCERNING
AUTHORIZATION OF BONDS OF THE STATE FOR THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF METROPOLITAN HARTFORD, INC', to ensure the
continued availability of safe, affordable housing meeting
regional needs at the downtown branch of the Hartford Young Men's
Christian Association.
JUDICIARY
S.B. No. 329 (COMM) JUDICIARY. 'AN ACT CONCERNING THE PENALTY
FOR INTERFERENCE WITH A CEMETERY OR BURIAL GROUND', to establish a
minimum fine of five hundred dollars for the crime of interfering
with a cemetery or burial ground.
TRANSPORTATION
S.B. No. 413 (COMM) TRANSPORTATION. 'AN ACT REQUIRING
MOTORCYCLISTS TO WEAR PROTECTIVE HEADGEAR', to reduce the
incidence of death and traumatic brain injury among motorcycle
operators and passengers by requiring the use of helmets.
S.B. No. 416 (COMM) TRANSPORTATION. 'AN ACT CONCERNING THE
SPEEDING LIMIT ON INTERSTATE HIGHWAYS', to increase the speed
limit on interstate highways outside of urbanized areas to sixty
miles per hour.
S.B. No. 540 (COMM) TRANSPORTATION. 'AN ACT REQUIRING THE
DEPARTMENT OF MOTOR VEHICLES TO ISSUE SPECIAL NUMBER PLATES FOR
COLLEGES AND UNIVERSITIES IN THE STATE', to promote higher
education in Connecticut by creating special number license plates
for state colleges and universities.
S.B. No. 771 (RAISED) TRANSPORTATION. 'AN ACT IMPOSING A
PENALTY FOR THE IMPROPER USE OF EMISSIONS COMPLIANCE STICKERS', to
provide a penalty for the improper use of emissions compliance
stickers.
S.B. No. 772 (RAISED) TRANSPORTATION. 'AN ACT PERMITTING
EMANCIPATED MINORS TO REGISTER MOTOR VEHICLES', to permit an
emancipated minor to register a motor vehicle owned by him.
S.B. No. 773 (RAISED) TRANSPORTATION. 'AN ACT INCREASING THE
AMOUNT OF THE SURETY BOND FOR APPLICANTS FOR A DEALER'S OR
REPAIRER'S LICENSE', to require an applicant for a repairer's
license to furnish a surety bond in the amount of ten thousand
dollars, and an applicant for a dealer's license to furnish a bond
in the amount of twenty-five thousand dollars. Current statutes
require a repairer to furnish a bond for two thousand five hundred
dollars and a dealer to furnish a bond for five thousand dollars.
S.B. No. 774 (RAISED) TRANSPORTATION. 'AN ACT CONCERNING THE
USE OF MUNICIPAL LICENSE PLATES', to permit the motor vehicle
commissioner to adopt regulations concerning the use of general
distinguishing number plates issued to municipalities.
S.B. No. 775 (RAISED) TRANSPORTATION. 'AN ACT CONCERNING
STOLEN, LOST OR DESTROYED VESSELS', to permit persons who present
evidence to the motor vehicle commissioner that their vessel has
been stolen, lost or destroyed to have another vessel numbered in
their names for the remainder of the numbering period or to have
another registration decal issued in their names for the remainder
of the registration period.
INSURANCE AND REAL ESTATE
S.B. No. 776 (RAISED) INSURANCE AND REAL ESTATE. 'AN ACT
CONCERNING A BROKERED TRANSACTIONS GUARANTY FUND', to establish a
guaranty fund for brokered transactions within the department of
insurance.
S.B. No. 777 (RAISED) INSURANCE AND REAL ESTATE. 'AN ACT
CONCERNING CHECKS FROM INSURANCE AGENTS AND BROKERS WHICH ARE
RETURNED FOR INSUFFICIENT FUNDS', to require that insurers report
checks issued by agents and brokers which are returned for
insufficient funds, and to require that if an agent or broker does
not provide such funds within five days of notice from the
commissioner his license shall be suspended.
S.B. No. 778 (RAISED) INSURANCE AND REAL ESTATE. 'AN ACT
CONCERNING THE HEALTH REINSURANCE ASSOCIATION', to permit the
Health Reinsurance Association to develop alternative provisions
and cost containment features for comprehensive health care plans,
and to clarify the residency requirement for participation in such
plans.
JUDICIARY
H.B. No. 5099 (COMM) 'AN ACT REQUIRING APPLICANTS FOR A
DRIVER'S LICENSE TO COMPLETE A COURSE CONCERNING ALCOHOL AND DRUGS
AND THE DANGERS OF DRIVING AFTER DRINKING ALCOHOL OR USING DRUGS',
to require that as a condition of receiving a driver's license an
applicant complete a course dealing with alcohol, drugs and the
dangers of driving a motor vehicle after drinking alcohol or using
drugs.
PUBLIC SAFETY
H.B. No. 5160 (COMM) 'AN ACT REQUIRING PHOTOGRAPHS ON PISTOL
AND REVOLVER PERMITS', to require that all pistol and revolver
permits include photographs of the permittee for identification
purposes.
TRANSPORTATION
H.B. No. 5164 (COMM) 'AN ACT CONCERNING AUTHORIZATION OF
BONDS OF THE STATE FOR THE MUNICIPAL ABANDONED VEHICLE TRUST
FUND', to provide funds for the municipal abandoned vehicle trust
fund.
JUDICIARY
H.B. No. 5221 (COMM) 'AN ACT REINSTATING AND VALIDATING THE
CORPORATE EXISTENCE OF CERTAIN CORPORATIONS', to reinstate and
validate the corporate existence of Hansen Brothers, Inc., Valley
Ob-Gyn Associates, P.C., Programmed Marketing, Inc. and New
England Institute of Alcohol Studies, Inc.
H.B. No. 5860 (COMM) 'AN ACT CONCERNING CONSENSUAL
INTERCOURSE BETWEEN MINORS', to decriminalize consensual sexual
intercourse between minors when there is less than a two-year age
differential.
H.B. No. 5867 (COMM) 'AN ACT CONCERNING PETITIONS FOR THE
COMMITMENT OF NEGLECTED, UNCARED-FOR OR DEPENDENT CHILDREN', to
require the commissioner of children and youth services to review
and approve certain petitions seeking the commitment of neglected,
uncared-for or dependent children.
H.B. No. 5870 (COMM) 'AN ACT CONCERNING THE VALIDATION OF
LATE-FILED MUNICIPAL TAX LIENS', to validate real estate tax liens
which were not filed by towns within the time prescribed by law.
H.B. No. 5927 (COMM) 'AN ACT PROHIBITING THE USE OF
PHOTOGRAPHIC RADAR DEVICES TO SUPPORT SPEEDING CONVICTIONS', to
provide that a photographic radar device shall not be accorded a
prima facie presumption of accuracy sufficient to support a
speeding conviction.
TRANSPORTATION
H.B. No. 5959 (COMM) 'AN ACT CONCERNING THE ISSUANCE OF
IDENTITY CARDS TO PERSONS FIFTEEN YEARS OF AGE', to permit persons
fifteen years of age to obtain identity cards.
H.B. No. 5975 (COMM) 'AN ACT REQUIRING A VEHICLE
IDENTIFICATION NUMBER ON ALL WINDOWS IN MOTOR VEHICLES', to deter
motor vehicle theft in the state.
PLANNING AND DEVELOPMENT
H.B. No. 6317 (COMM) 'AN ACT CONCERNING FIRE, SEWER AND OTHER
SPECIAL TAXING DISTRICTS', to implement certain recommendations
made by the Connecticut advisory commission on intergovernmental
relations with respect to special taxing districts and to allow
residents who are not citizens but who own property and pay taxes
to be eligible to vote and hold office in any fire, sewer or
school district.
ENVIRONMENT
H.B. No. 6475 (COMM) 'AN ACT CLARIFYING THE CONNECTICUT WATER
DIVERSION POLICY ACT', to require the commissioner of
environmental protection consider the age of the water supply
system and capital investment made by a municipality in granting a
diversion permit and to insure the grandfathering of diversions
registered on or before July 1, 1983.
JUDICIARY
H.B. No. 6793 (COMM) 'AN ACT CONCERNING THE DISTRIBUTION OF
INTESTATE ESTATES', to clarify that a person who abandons his or
her spouse is not entitled to share in such spouse's intestate
estate.
H.B. No. 6885 (COMM) 'AN ACT CONCERNING SPEEDING', to permit
persons arrested for speeding up to sixty-five miles per hour on a
nonlimited access highway to pay their fines by mail.
TRANSPORTATION
H.B. No. 7195 (RAISED) 'AN ACT RESTRICTING PUBLIC ACCESS TO
CERTAIN HOME ADDRESS INFORMATION RETAINED BY THE MOTOR VEHICLE
DEPARTMENT', to permit the motor vehicle commissioner to withhold
from public inspection the home address of any member of the
federal or state judiciary.
H.B. No. 7196 (RAISED) 'AN ACT DEFINING RESIDENCE IN THIS
STATE FOR PURPOSES OF MOTOR VEHICLE REGISTRATION', to define the
term "residence" for purposes of motor vehicle registration.
H.B. No. 7197 (RAISED) 'AN ACT INCREASING THE FEE FOR
RESTORATION OF A MOTOR VEHICLE OPERATOR'S LICENSE', to increase
the fee for restoration of a motor vehicle operator's license from
ten to fifty dollars.
INSURANCE AND REAL ESTATE
H.B. No. 7198 (RAISED) 'AN ACT CONCERNING CERTIFIED INSURANCE
CONSULTANTS', to change the name of "certified insurance
consultants" to "licensed insurance consultants."
JUDICIARY
H.B. No. 7199 (RAISED) 'AN ACT CONCERNING INVESTIGATION OF
CHILD ABUSE', to permit a police officer to petition the court for
an order directing that a child be x-rayed if there is reasonable
cause to believe that physical injuries have been inflicted upon
such child by a person responsible for such child's health,
welfare or care.
H.B. No. 7200 (RAISED) 'AN ACT CONCERNING TESTIMONY OF
CHILDREN IN SEXUAL ABUSE OR CHILD ABUSE CASES', to insure that in
a criminal prosecution involving the alleged sexual abuse of a
minor child the constitutional right of a defendant to physically
confront the witnesses against him is not unduly infringed by
requiring the state to demonstrate a compelling need to take the
testimony of the minor victim outside the physical presence of the
defendant, to authorize the court in such a prosecution to adopt
special procedures for the presentation of the testimony of the
child victim, and to authorize the administration of a simple oath
to a child witness.
PROGRAM REVIEW AND INVESTIGATIONS
H.B. No. 7201 (RAISED) 'AN ACT IMPLEMENTING THE
RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND
INVESTIGATIONS COMMITTEE CRIMINAL JUSTICE INVESTIGATION RELATED TO
THE DIVISION OF CRIMINAL JUSTICE', to implement the
recommendations of the legislative program review and
investigations committee concerning the division of criminal
justice.
____________________
SENATE RESOLUTION
RESOLUTION ADOPTED
The following resolution was introduced, read and adopted.
S.R. No. 12 SEN. O'LEARY, 7th DIST. RESOLUTION RAISING A
COMMITTEE TO INFORM THE HOUSE THAT THE SENATE IS READY TO MEET IN
JOINT CONVENTION.
On motion of Senator O'Leary of the 7th resolution was
adopted.
The following is the resolution.
Resolved by the Senate:
That a committee of three senators be appointed to inform the
House that the Senate is ready to meet the House in Joint
Convention.
The President appointed Senators Daniels of the 10th, Morton
of the 23rd and Eads of the 30th.
____________________
RECESS
On motion of Senator O'Leary of the 7th, the Senate at 11:38
a.m. recessed.
____________________
AFTER RECESS
The Senate reconvened at 1:57 P.M. President in the Chair.
____________________
PETITIONS
The following petitions were received by the Clerk of the
Senate, Wednesday February 8, 1989 in accordance with the
provisions of Joint Rule 11.
PETITION NO. 11
In accordance with the provisions of Joint Rule 11, the
Committee on Education is respectfully requested to draft a Bill
based on Proposed Senate Bill No. 63, entitled "AN ACT
ESTABLISHING A DEDICATED FUND FOR EDUCATION".
SEN. UPSON, 15th DIST.
SEN. SMITH, 8th DIST.
SEN. GUNTHER, 21st DIST.
SEN. LOVEGROVE, 28th DIST.
SEN. HAMPTON, 33rd DIST.
SEN. SCARPETTI, 22nd DIST.
SEN. SOMMA, 16th DIST.
SEN. EADS, 30th DIST.
SEN. FREEDMAN, 26th DIST.
SEN. SCOTT, 14th DIST.
SEN. BENVENUTO, 36th DIST.
SEN. ROBERTSON, 34th DIST.
____________________
PETITION NO. 12
In accordance with the provisions of Joint Rule 11, the
Committee on Appropriations is respectfully requested to draft a
Bill based on Proposed Senate Bill No. 668, entitled "AN ACT
CONCERNING THE CONNECTICUT BUDGET PROCESS".
SEN. FREEDMAN, 26th DIST.
SEN. EADS, 30th DIST.
SEN. LOVEGROVE, 28th DIST.
SEN. GUNTHER, 21st DIST.
SEN. SMITH, 8th DIST.
SEN. UPSON, 15th DIST.
SEN. HAMPTON, 33rd DIST.
SEN. MORTON, 23rd DIST.
SEN. SOMMA, 16th DIST.
SEN. BENVENUTO, 36th DIST.
SEN. SCOTT, 14th DIST.
____________________
PETITION NO. 13
In accordance with the provisions of Joint Rule 11, the
Committee on Human Services is respectfully requested to draft a
Bill based on Proposed Senate Bill No. 617, entitled "AN ACT
ALLOWING TRANSFER OF RESIDENCE TO A HANDICAPPED CHILD WITHOUT LOSS
OF ELIGIBILITY UNDER STATE MEDICAL ASSISTANCE WHEN THE TRANSFEROR
IS AGE SIXTY-FIVE OR OVER".
SEN. BENVENUTO, 36th DIST.
SEN. FREEDMAN, 26th DIST.
SEN. EADS, 30th DIST.
SEN. HAMPTON, 33rd DIST.
SEN. SCARPETTI, 22nd DIST.
SEN. SOMMA, 16th DIST.
SEN. UPSON, 15th DIST.
SEN. ROBERTSON, 34th DIST.
SEN. LOVEGROVE, 28th DIST.
SEN. GUNTHER, 21st DIST.
SEN. McLAUGHLIN, 32nd DIST.
SEN. SCOTT, 14th DIST.
____________________
PETITION NO. 14
In accordance with the provisions of Joint Rule 11, the
Committee on Human Services is respectfully requested to draft a
Bill based on Proposed Senate Bill No. 495, entitled "AN ACT
ALLOWING TRANSFER OF RESIDENCE TO PARENTS WITHOUT LOSS OF
ELIGIBILITY UNDER MEDICAL ASSISTANCE WHEN TRANSFEROR AND PARENTS
ARE AGE SIXTY-FIVE OR OVER".
SEN. BENVENUTO, 36th DIST.
SEN. FREEDMAN, 26th DIST.
SEN. EADS, 30th DIST.
SEN. LOVEGROVE, 28th DIST.
SEN. GUNTHER, 21st DIST.
SEN. SMITH, 8th DIST.
SEN. HAMPTON, 33rd DIST.
SEN. SCARPETTI, 22nd DIST.
SEN. SOMMA, 16th DIST.
SEN. UPSON, 15th DIST.
SEN. ROBERTSON, 34th DIST.
SEN. SCOTT, 14th DIST.
____________________
BUSINESS FROM THE HOUSE
HOUSE JOINT RESOLUTIONS
RESOLUTIONS ADOPTED
The following favorable reports were taken from the table,
read the third time, the reports of the committee accepted and the
resolutions adopted.
JUDICIARY. H.J. No. 48 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE DOUGLASS B. WRIGHT OF WEST HARTFORD, TO BE A
STATE REFEREE.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
Remarking favorably on the resolution was Senator Upson of the
15th.
Remarking unfavorably on all the resolution was Senator
Gunther of the 21st.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 49 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE WALTER R. BUDNEY OF IVORYTON, TO BE A JUDGE OF
THE SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 50 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE JOSEPH W. BOGDANSKI OF MERIDEN, TO BE A STATE
REFEREE.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 51 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE ELAINE GORDON OF BRANFORD, TO BE A JUDGE OF THE
SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
Remarking favorably on the resolution was Senator Sullivan of
the 12th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 52 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE ANDRE M. KOCAY OF WEST HARTFORD, TO BE A JUDGE OF
THE SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
Remarking favorably on the resolution was Senator Harper of
the 6th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 53 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE GEORGE W. RIPLEY OF GLASTONBURY, TO BE A JUDGE OF
THE SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
Remarking favorably on the resolution was Senator Meotti of
the 4th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 54 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE A. WILLIAM MOTTOLESE OF COS COB, TO BE A JUDGE OF
THE SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
Remarking favorably on the resolution was Senator Benvenuto of
the 36th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 55 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE JOHN M. ALEXANDER OF WINDSOR, TO BE A STATE
REFEREE.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
JUDICIARY. H.J. No. 47 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE MARSHALL K. BERGER, JR. OF CANTON, TO BE A JUDGE
OF THE SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
BUSINESS FROM THE HOUSE
HOUSE JOINT RESOLUTION
UNDER SUSPENSION OF THE RULES
RESOLUTION ADOPTED
The following favorable report was taken from the table, read
the third time, the report of the committee indicated, accepted
and the resolution adopted.
JUDICIARY. H.J. No. 60 RESOLUTION CONFIRMING THE NOMINATION
OF THE HONORABLE JOHN J. RYAN OF GREENWICH, TO BE A JUDGE OF THE
SUPERIOR COURT.
Senator Avallone of the 11th explained the resolution and
moved its adoption.
Remarking unfavorably on the resolution was Senator Lovegrove
of the 28th.
Remarking favorably on the resolution was Senator Blumenthal
of the 27th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
BUSINESS ON THE CALENDAR
FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE
EXECUTIVE AND LEGISLATIVE NOMINATIONS
RESOLUTIONS ADOPTED
The following favorable reports were taken from the table,
read the third time, the reports of the committee accepted and the
resolutions adopted.
EXECUTIVE AND LEGISLATIVE NOMINATIONS. S.J. No. 20 RESOLUTION
CONFIRMING THE NOMINATION OF DANA S. HANSON OF NEWINGTON, TO BE AN
AD HOC MEMBER OF THE CONNECTICUT RESOURCES RECOVERY AUTHORITY,
MID-CONNECTICUT PROJECT.
Senator Morton of the 23rd explained the resolution and moved
its adoption.
Remarking favorably on the resolution was Senator Matthews of
the 9th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
EXECUTIVE AND LEGISLATIVE NOMINATIONS. S.J. No. 21 RESOLUTION
CONFIRMING THE NOMINATION OF ROBERT EMIL MILLER, Ph.D. OF POMFRET
CENTER, TO BE A MEMBER OF THE NEW ENGLAND BOARD OF HIGHER
EDUCATION.
Senator Morton of the 23rd explained the resolution and moved
its adoption.
Remarking favorably on the resolution were Senators Johnston
of the 29th, Sullivan of the 12th and Herbst of the 35th.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the resolution was adopted.
____________________
BUSINESS ON THE CALENDAR
FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES
BILLS PASSED
The following favorable reports were taken from the table,
read the third time, the reports of the committees accepted and
the bills passed.
FINANCE, REVENUE AND BONDING. Substitute for S.B. No. 200
(RAISED) (File No. 4) AN ACT CONCERNING BOND AUTHORIZATIONS FOR
THE ARTS ENDOWMENT FUND.
Senator Sullivan of the 5th explained the bill and moved its
passage.
The chair ordered the vote be taken by roll call.
The following is the result of the vote:
On the roll call vote the bill was passed.
____________________
ADJOURNMENT
On motion of Senator O'Leary of the 7th, the Senate at 2:50
p.m. adjourned subject to the call of the chair.
____________________
BUSINESS FROM THE HOUSE
CHANGE OF REFERENCE
HOUSE BILL
The following report on House Bill, recommending a change of
reference was received from the committee indicated, the report of
the committee accepted, and the bill referred as recommended:
JUDICIARY. H.B. No. 7178 (RAISED) AN ACT CONCERNING
RETIREMENT CREDIT AS A SCHOOL NURSE.
The bill was then referred to the Committee on Appropriations.
____________________
JOINT CONVENTION
The Honorable Senate, preceded by the Honorable Lieutenant
Governor and the Clerks of the Senate, entered the House of
Representatives and met the House in Joint Convention.
The President of the Senate called the Joint Convention to
order.
The prayer was offered by the Senate Chaplain, Reverend Joseph
A. Devine of Waterbury, Connecticut.
The following is the prayer.
Let us pray: Almighty God, we come together in Joint
Convention today to evaluate the needs of our state. May our sense
of values guide us to prudence in planning and realism in our
priorities. Bless our Governor Bill O'Neill, the members of our
Senate and House of Representatives that they might have a
discerning sensitivity in these days when the needs are so great
and the shrinking dollars are so short. May they have a wisdom and
a conviction that grows out of a sincere understanding of the
concerns and the needs of all the people of our state. We ask this
through our Heavenly Father. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Joint Convention recited the Pledge of Allegiance to the
Flag.
____________________
JOINT CONVENTION RESOLUTIONS
RESOLUTIONS ADOPTED
The following Joint Convention Resolutions were introduced,
read and adopted.
J.C. No. 22 SEN. O'LEARY, 7th DIST.; REP. FRANKEL, 121st
DIST. RESOLUTION RAISING A COMMITTEE TO INFORM THE GOVERNOR THAT
THE SENATE AND HOUSE OF REPRESENTATIVES ARE MET IN JOINT
CONVENTION TO RECEIVE HIS BUDGET MESSAGE.
On a motion of Senator O'Leary of the 7th, the resolution was
adopted.
The following is the resolution.
Resolved by this Assembly:
That a committee of two Senators and two Representatives be
appointed to inform His Excellency, the Governor, that the Senate
and the House of Representatives are met in Joint Convention for
the purpose of receiving his message concerning the budget.
The President appointed Senator O'Leary of the 7th, Senator
Smith of the 8th, and Representative Frankel of the 121st,
Representative Jaekle of the 122nd Districts.
____________________
The Governor thereupon appeared in the Hall of the House, to
deliver his budget address.
____________________
J.C. No. 23 SEN. O'LEARY, 7th DIST.; REP. FRANKEL, 121st
DIST. RESOLUTION CONCERNING THE PRINTING OF THE GOVERNOR'S MESSAGE
CONCERNING THE BUDGET.
On motion of Senator O'Leary of the 7th, the resolution was
adopted.
The following is the resolution.
Resolved by this Assembly:
That the message of the Governor concerning the budget be
printed in the journals of the Senate and House and that a
sufficient number of copies be printed for general distribution.
After the Governor gave his budget address, Senator O'Leary of
the 7th moved for dissolution of the Convention.
The President thereupon dissolved the Joint Convention and the
Senate withdrew.
____________________
GOVERNOR O'NEILL'S
1989 BUDGET ADDRESS
BEFORE THE 1989 GENERAL ASSEMBLY
February 8, 1989
Lieutenant Governor, Mr. Speaker, Mr. President, Reverend
Clergy, ladies and gentlemen of the House and Senate, good people
of Connecticut:
It has been five weeks since I last stood here before you--35
days that have been as difficult a period as I've experienced
since I became Governor eight years ago. Since January 4th, I have
devoted most of my waking hours to working on the budget for
1989-1990 that I now present to you in this chamber--and to the
people all across Connecticut.
The days, as I say, have not passed easily. As I grappled with
the many aspects of this document--and as the shadows lengthened
outside my office window--I often found myself thinking very
deeply about this state that I love and know so well. I reflected
upon Connecticut's industry and its institutions, upon its
wonderful strengths and the challenges that lie before it.
But most of all, I thought about the people of Connecticut and
the society that you and I have built together during the past
eight years. I looked at Connecticut as it struggled earlier in
this decade, as it exists today, and as it can exist tomorrow. And
I weighed the role that state government has had in our
progress--in our undeniable progress in education, in road and
bridge repair, in programs for the elderly and the poor, in our
battles against drugs and pollution--in fact, in raising the
entire level of our society to a point where it is widely admired
and widely imitated.
I have emerged from this process with a feeling of great pride
in what my administration has achieved with the people of
Connecticut--and of great expectation for what we can achieve in
the future. It is true that we have obstacles to overcome in the
days ahead; it is never easy to remain Number One. But it is my
strong feeling that we must remain positive and confident in our
approach, and that government must take a positive and responsible
role in the lives of its citizens.
Today, I present this budget to you, the members of this
General Assembly. Today, our work together begins. I think you
will find it to be an honest, straightforward document. It
represents an 8.9% overall increase in expenditures, including
$661 million in the Special Transportation Fund, $5.09 billion in
the General Fund, and $1.2 billion in a newly-funded Educational
Excellence Fund--for a total $6.97 billion. I believe that this
budget's many features will properly maintain the economic and
social progress that has marked Connecticut's journey through the
1980's.
But this is also a budget formulated in a different atmosphere
than we have enjoyed in recent years. Our fiscal picture is not
as bright as it was a year or two ago. We have felt the effect of
an unanticipated dip in our revenues from the state sales and use
tax, combined with increased spending in several vital areas such
as Corrections. In addition, as you know, a major factor has been
the Federal Tax Reform Act of 1986, which has created budget
difficulties not only here in Connecticut, but also in many other
states and in the federal government as well, where it is
responsible for an estimated $24 billion of this year's projected
federal deficit of $161 billion.
In any event, our string of budget surpluses has most
decidedly and most abruptly come to an end--so abruptly, in fact,
that many rightfully concerned citizens have lately been asking
the question: Where did the surplus go?
Well, I will answer that question, because there has been a
great deal of misinformation regarding it. The surpluses totalled
about $1.1 billion over a four-year period. Of that amount, the
vast majority--about $1 billion--went into the following areas:
More than $300 million is going right back to the towns and cities
of Connecticut where your local mayors and selectmen use it to
keep down your local property taxes. More than $370 million went
into our Educational Excellence Trust Fund, where it was again
sent back to municipalities across the state to help begin the
hard push toward educational excellence for our children. That
makes a total of more than $670 million that has gone directly
back to the towns and cities of Connecticut--and that has allowed
local governments to hold the line on and even reduce local
property taxes.
The last major use of the surplus has been our Budget Reserve
Fund, where $183 million has been used to meet the budget
shortfalls of the past two years. Contrary to the belief of many,
however, this fund is far from depleted. It contains $130 million
today--and it will continue to contain $130 million if the budget
I present to you is adopted in a timely fashion.
All told, this, I believe, has been a responsible use of the
surplus. It was not frittered away or wasted. It was, in large
part, returned to the people who created it: the citizens of
Connecticut. And it was no doubt because this surplus was returned
to our cities and towns that 148 of the 156 Connecticut
municipalities reporting last year could claim surpluses of their
own--totalling some $174 million--in their operating budgets.
I think it's about time that we at the state level took some
of the credit we deserve for the state's enormous role in these
local success stories! It's about time that the people at home
realized that each year nearly $2 billion in state money goes
directly back to their towns where it pays for teacher retirement
costs, helps pay for local services and salaries, and holds down
local taxes.
But today we enter a period of significant challenges--of
retrenchment, as I have called it--and we must respond with
appropriate measures. However much we may wish to say "yes" to all
the voices that cry for new state dollars--$6 billion for a Long
Island Sound clean-up, $8 billion for local road repair, billions
more for universal health care--we must also be responsible. We
must ferret out the places where growth can be curbed and where
state agencies can and will exercise restraint.
This budget does that. It calls for state agencies, as a
whole, to make do with less than they believe necessary just to
maintain basic services. Almost 1,300 jobs have been eliminated.
Vacancies, in many cases, will not be filled. I will order
lay-offs when and where they are appropriate.
In addition, I am calling for further belt-tightening in our
state agencies. We will reduce or totally eliminate certain
inflationary increases in all our departments. We will reduce
funding for part-time and temporary positions. We will cut back on
the use of overtime. I am calling for the agencies to purchase
only equipment that is essential, to cut back on travel by up to
50%--and I am ordering state government to put the brakes on the
use of consultants.
We will continue to eliminate the needless expense and
confusion brought on by duplication of effort. I recently
announced just such a consolidation in our job training
program--and we will soon do much the same in the area of child
welfare, where, in the coming year, we will endeavor to keep
children safe and families together by fundamentally streamlining
and improving the existing service delivery system.
Through these and other significant measures we have been able
to reduce our agencies' budget requests by nearly $400
million--and continue the process of making the machinery of state
government as lean and responsive as we can make it. I can assure
you that these cuts are not superficial. They will cause pain in
the state agencies, and in places they will be noticeable to the
public. But I believe they are necessary.
What is left, beyond these reductions and changes, is a budget
that is carefully considered and that, I believe, will continue
Connecticut's drive to greatness.
I have been proud during the past eight years to preside over
a period of wonderful prosperity and development in this state.
The process has not always been easy, and we've had some difficult
stretches along the way--but overall, our story has been a good
one. Our people are working and prospering and I believe, in great
part, happy with their lives. Our quality of life is unmatched. We
have been able to address some of the enormous and pressing
problems of our day with solutions that have been broad and bold
and effective.
Ladies and gentlemen, I am not about to stand here and preside
over the dismantlement of all we've worked so hard to accomplish!
For if we are to be great, as we must always strive to be, our
greatness will be measured in our determination to go forward with
the programs we know to be right and good. Our greatness will be
measured not in our eagerness to deny, but in our willingness to
assist. Our greatness will be measured in our ability to act now
so that we don't have to re-act later.
State government is asked to do an enormous amount--and I am
proud of the way Connecticut has answered that challenge. During
this decade, for example, we at the state level have had to take
on increased responsibility in many areas in which the federal
government has ruthlessly pulled away from its own commitments.
A look at some of these federal pullbacks is revealing. Since
1981, federal grants for job training have been reduced from $81
million to $13 million; federal grants for student loans have been
dropped from $226 million to $80 million; federal revenue sharing
grants--money that went to our cities--went from $54 million to
zero. And, ladies and gentlemen, federal grants for subsidized
housing have gone from $650 million in 1981 to $110 million last
year. In fact, if we take federal grants in 20 key areas, such as
clean water, child care, highway funds, and the ones I have
mentioned--and adjust for inflation--the State of Connecticut last
year received $1.2 billion less in federal funds than it did in
1981. In all of these areas, the federal government--during eight
years of Republican administration--has simply taken a walk, and
we have had to step in with state dollars to take over these
programs and run them.
And during the last six years, while we were taking on all
these essential and costly additional programs, the taxpayers of
this state did not pay a single dollar in new general taxes. In
fact, they enjoyed tax cuts totalling more than a billion dollars.
Never in the history of this state, I believe, has our prosperity
been so evident.
Today, however, if Connecticut is to continue its drive to
greatness--as I believe it must-- we will need new sources of
revenue. If the programs and services that set us apart from
other states in our vision, our decency, and our compassion are to
carry on, then we will have to pay something more for them.
The budget I present to you today calls for four new taxes. It
does not call for an income tax! I have made every effort to make
these new taxes fair and equitable to all, according to their
ability to pay.
I am first requesting a 10% surcharge on taxes paid by
corporate businesses--to begin to stem the losses due to federal
tax reform--as well as an increase in the minimum corporation tax
from $100 to $250. These measures would take effect with the
income year beginning January 1, 1989.
I am also asking for two changes in the state sales and use
tax. First, an elimination of the exemption--effective April 1,
1989--of the existing 7.5% sales tax on certain services to
businesses, including but not limited to legal, engineering,
architectural, surveying, and accounting services. Second, I am
asking that--beginning April 1, 1989--the sales tax exemption be
lifted from all public utility services, including but not limited
to telephone, telecommunications, gas, electricity, and cable
television.
And to protect the poor, the handicapped, and the elderly from
unfair treatment under this tax, I am also proposing legislation
that will provide rate breaks to those who qualify under certain
income and other guidelines.
Finally, I am calling for all capital gains to be fully
incorporated into the current interest and dividends tax rates,
effective for transactions occurring after February 8, 1989. Two
years ago, when the federal government initiated this measure, I
exempted Connecticut taxpayers from doing the same, simply because
we did not need the money. Now I propose that we fall in line
with the federal example as most other states have done.
Taken together, these new taxes will raise $688 million in new
revenue for the State of Connecticut. These funds will allow us
to maintain our strength and our stability at all levels of
society.
I understand the call for greater budget cuts. I can assure
you that I understand its appeal to the citizens of this state. No
one likes to pay taxes. I don't like to pay taxes, either. But I
also possess a basic faith in our state government here in
Connecticut. I believe that there are important needs, vital
needs out across the face of this state and I am not going to turn
my back on them--and I don't think the people of Connecticut want
me to turn my back on these needs.
I will not turn my back on the elderly, for instance, or the
landmark ConnPACE program which for so many has eased the
financial strains brought on by the cost of prescription drugs.
I will not turn my back on the homeless--who need the shelter
that state funds help provide. Or on the working poor or those of
moderate means who might need a hand up--not a handout--as they
seek decent and affordable housing--especially in light of the
federal government's disgraceful neglect in this area.
I will not turn my back on the jobless--as they and their
potential employers seek the benefits of a revamped job training
program. And I will not turn my back on the poor, as we work to
take them off the public welfare rolls and into the dignity and
pride of real jobs.
I will not turn my back on the needs of the environment--
especially our need for open space; or on the families and
businesses that benefit from a safe and dependable system of child
day care in this state; or on our motorists, who deserve a full
commitment to the continuation of the road and bridge rebuilding
program.
I will not turn my back on economic development, which is so
important if Connecticut companies are to continue to innovate and
breed the new industries and new products that we need for our
future jobs and our future well-being.
In all of these areas, we have basic commitments to keep. If
we've told the people of Connecticut that we are going to do
certain things, then we ought to do them. I am not proposing that
we pump new money and new programs into these parts of the budget,
but I don't believe we need to inflict them with deep and hurtful
cuts either.
However, there does exist in this state one area of powerful
and continuing importance that, I believe, demands an additional
commitment from us all--and that is the education of our children.
I will not turn my back on the children of Connecticut. I
will not forsake them as they make their way into the complexities
of life in the 21st century. My pledge to excellence in education
remains absolutely firm. I have said many times that we possess
no natural resources here in Connecticut, no oil fields, no
reserves of natural gas, no vast agricultural lands. In
Connecticut, our main resource is our people, and our ability to
think hard and work hard as we face the increasingly tough
competition of the global marketplace.
Consequently, our ability to educate our children thoroughly
is essential if the successes we enjoy today are to continue into
the next generation. You can be sure that the children in Japan
are preparing and the children in West Germany and Korea and the
Soviet Union are preparing. We can't afford to wait for
Washington to move in this vital area. We in Connecticut have to
move--and that's exactly what we've been doing. Our Educational
Excellence Program is a national model. Our willingness to raise
teachers' salaries--to attract bright young talent into the
teaching profession--shows not only that we are concerned about
the quality of our teachers, but, more importantly, that we are
concerned about our children, and their future, and the future of
this state.
As a continuation of my commitment to education, I am
proposing today that we restructure our Educational Excellence
Fund as a permanently-funded feature of state government--and,
indeed, that we dedicate all the revenue from our four new taxes,
plus several existing revenue sources, to this education fund.
State government now pays for virtually half the cost of our local
schools--some $1.2 billion that local school systems plan on and
depend upon. We owe it to our children and our future to
establish a fund that is stable and that will distribute money
fairly in the years ahead to the towns of Connecticut without
putting an undue burden on the local taxpayer.
No, I will not turn my back on any of these needs. I am
willing to stand squarely before you and say that we have an
obligation to do what we can afford to do. We in Connecticut are
not overtaxed. In fact, we rank 48th out of the 50 states in
state and local general revenues per $1,000 of personal income. It
is my belief that if we are the richest state in the nation--which
we are--we must also strive to continue to be the greatest
state--for all our citizens, not just the ones at the top.
I must warn you today, however, that all of our work, all of
our accomplishments, are at risk if we cannot guarantee our
citizens their inalienable right to a safe society. I believe
that our most important fight in the year ahead will be the fight
to rid our streets and our society of the scourge of drugs and
crime that threatens to make victims of us all.
I want the word to go out today from this podium to every
crack den, to every schoolyard drug dealer, to every drug-twisted
criminal across this state: We will find you, we will arrest you,
we will convict you, we will take away your property and we will
put you in jail.
It is essential that this message go out, and that we back it
up. I am urging today that we supply our criminal justice system
with whatever it needs to fight this battle effectively. I am
calling for more than 200 new judges, state's attorneys, public
defenders, deputy sheriffs, investigators, and support staff to
help reduce the caseload and provide early screening of criminal
cases. The cost of these new positions I propose be offset by
increased fines and fees, so that criminals pay the cost of crime.
In addition, I am calling for the continued construction of
new jail cells here in Connecticut. The budget I present to you
today provides for the completion of nearly 1,400 new prison beds
by the end of the 1990 fiscal year, with another 2,000 in various
stages of planning or construction. We will also be adding
personnel to staff these facilities, as well as for community
services, parole services, addiction services, and halfway houses.
And, most importantly in the long run, we must continue our
efforts in educating our young ones against the perils of drug
use--so that the drug pushers will no longer find customers. And
we must continue to treat those who seek treatment so they can
once again join the rest of us in building and maintaining a safe
society.
For it is our common goal--and certainly it is my fondest
hope--that we can create a Connecticut that is whole and sound,
that offers fairness to all, and opportunity to all who would take
it. That is the driving force behind this budget, and I hope it
will be the motivation for your deliberations and your actions in
the months ahead.
In developing this budget, it has been my belief that we must
cut where we can, but we must not cut for the sake of cutting or
to satisfy a political agenda. That, I think would be
irresponsible. We must remember that every program cut has an
effect on the people in this state, invariably upon people who are
in need. If we cut the program, the problem does not disappear,
the need will not evaporate. Inevitably, the cost will have to be
picked up by local governments or the suffering will spread--and
the problems will grow more pervasive and eventually much more
expensive to solve.
By the same token, there is a limit as to what we can fairly
ask of the citizens of Connecticut. We must make sure that this
state remains vibrant and competitive in all respects. We must
strive to make state government efficient and cost effective. We
must make sensible use of the taxpayers's money, which means
eliminating duplication and weeding out the unneeded and the
unwanted. All of this, I can assure, you, I am dedicated to
doing.
But, ultimately, as we consider this budget, we must ask
ourselves a simple question. Have we built in Connecticut a fair
and decent society--one that works well for the vast majority of
the people most of the time--and, if so, is that society worth
maintaining?
I am proud to stand before you today and assert that what we
have built is worth maintaining. For it is nothing less than a
framework for our daily lives as we work and dream and
strive--together and individually--in this small and exceptional
state.
There is greatness everywhere we look in Connecticut. There
is wisdom and stability in our institutions. There is common
sense and compassion and ingenuity in our people. Let it be our
job in the weeks ahead to seize those virtues and put them to work
in all we do. We owe no less to the good men and women of
Connecticut who have put their trust in us.