JOURNAL OF THE SENATE

Tuesday October 11, 2005

The Senate was called to order in Special Session at 3: 36 p. m. , in accordance with a Proclamation from the Governor, the President in the Chair.

The prayer was offered by the Acting Chaplain, Richard Hennersey, of West Hartford, Connecticut.

The following is the prayer:

Almighty Father, we ask Your blessing on our circle, in Special Session this morning, as we approach the difficult subject of fund-raising.

Give us the wisdom to assure the security of our own future, while, at the same time, reconfirming the principles of propriety and fairness.

And we ask this of You, who live and reign, forever and ever. Amen.

PLEDGE

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

A PROCLAMATION FROM HER EXCELLENCY

THE GOVERNOR

WHEREAS, the 2005 regular session of the General Assembly adjourned on June 8, 2005, in accordance with the provisions of the Constitution of the State of Connecticut; and

WHEREAS, the Connecticut General Assembly is not currently in session; and

WHEREAS, in recent years we have witnessed revelations of corruption and breach of the public trust in all levels of government in places such as Rhode Island, Illinois and Texas; and

WHEREAS, throughout last decade the people of this State have endured a historic impeachment inquiry, as well as indictments, convictions and corruption investigations concerning their own state and local public officials, and

WHEREAS, this month a former elected state official pled guilty to multiple federal felonies, some of which involved the illegal use of campaign funds; and

WHEREAS, faith and trust in government by Connecticut’s citizens are necessary to an orderly and decent government which protects the lives, liberties, properties and opportunities of its citizens; and

WHEREAS, the General Assembly can help to restore faith and trust in state government and further renew citizens’ confidence in their leaders by enacting campaign finance reform legislation; and

WHEREAS, the people of the State of Connecticut expect the actions of their elected officials to demonstrate a commitment to fairness over favoritism by enacting campaign finance reform legislation; and

WHEREAS, the revelations of misconduct by national, state and local elected officials throughout the past ten years demonstrate the pressing need for campaign finance reform; and

WHEREAS, the elected officials of the State of Connecticut have before them the historic opportunity and responsibility to create real, meaningful and significant campaign finance reform; and

WHEREAS, the Connecticut General Assembly failed to enact legislation concerning campaign finance reform during its’ 2005 regular session; and

WHEREAS; on July 12, 2005, I convened the bi-partisan Campaign Finance Reform Working Group to craft and present to the full General Assembly comprehensive campaign finance reform legislation; and

WHEREAS, on September 21, 2005, after two months of meetings and hearings, the Campaign Finance Reform Working Group provided a framework for legislative action and dialogue, leaving for the full General Assembly the task of adopting specific legislation reforming Connecticut’s campaign finance laws.

NOW THEREFORE, by the authority vested in me under Article III of the Amendments to the Constitution of Connecticut and Section 2-7 of the Connecticut General Statutes, I, in order to preserve orderly and decent government hereby:

Convene the General Assembly in Special Session in Hartford on Tuesday, October 11, 2005 at 10: 00 a. m. to enact legislation necessary to implement campaign finance reform.

Given under my hand and Seal of the State at the City of

Hartford, this 29th day of September in the year of our

Lord two thousand and five, and of the independence of the

United States two hundred and twenty nine.

By Her Excellency’s Command

Susan Bysiewicz

Secretary of the State

INTRODUCTION OF

SENATE RESOLUTION

RESOLUTION ADOPTED

The following resolution was introduced and adopted.

S. R. No. 250 RESOLUTION CONCERNING THE RULES OF THE SENATE FOR THE OCTOBER SPECIAL SESSION, 2005.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted.

The following is the Resolution.

Resolved by the Senate:

That the rules of the Senate at this Special Session shall be the same as the rules of the Senate in force at the 2005 regular session, except as said rules are amended, altered or repealed in this resolution.

Strike out Rules 7, 9, 13, 17 and 18.

Strike out Rule 19 and insert in lieu thereof the following:

19. The order of business shall be as follows:

1. Reception of communications from the Governor.

2. Introduction of bills and resolutions.

3. Reception of business from the House.

4. Introduction of guests.

Strike out Rule 29 and insert in lieu thereof the following:

29. When a question is under debate, no motion shall be received except:

1. To adjourn.

2. To recess.

3. For the previous question.

4. To close the debate at a specified time.

5. To pass temporarily.

6. To pass retain.

7. To postpone to a certain time.

8. To divide the question.

9. To amend.

10. To postpone indefinitely.

These several motions shall have precedence in the order listed in this rule, and no motion to continue to the next General Assembly or to postpone indefinitely, having been once decided, shall be again allowed at the same session and at the same state of the bill or subject matter.

Strike out Rule 30 and insert in lieu thereof the following:

30. Amendments shall be filed with the clerk of the Senate.

Any member who offers an amendment, originating in the Senate which, if adopted, would reduce state revenues or increase state expenditures by a specified amount or which would involve a significant fiscal impact, shall make available to the president, president pro tempore, the majority leader of the Senate and the minority leader of the Senate at the time the amendment is offered, in addition to a fiscal note, a signed and typewritten explanation, of the decrease in expenditures or the source of the increased revenues required to balance the state budget.

Whenever a bill is substantively amended, it may be referred to the legislative commissioners to be re-examined for the purposes set forth in Rule 13 of the Joint Rules for the 2005 regular session and to be reprinted as amended. The Legislative Commissioners' Office shall complete its examination of any such bill within three calendar days of its receipt. The bill shall then be transmitted to the clerk.

Add a new Rule 37 as follows:

37. Only those bills specified in paragraph 1 of Rule 7 of the Joint Rules for this Special Session certified as provided in Rule 9 of said Joint Rules, and, except as provided in Rule 33 of said Joint Rules, only those substantive resolutions pertaining to the rules of this Special Session and the printing of the journals of the Senate and the House of Representatives and the expenses of this Special Session, shall be received.

BUSINESS FROM THE HOUSE

HOUSE JOINT RESOLUTIONS

RESOLUTIONS ADOPTED

The following resolutions were received from the House and introduced and adopted.

H. J. No. 201 RESOLUTION CONCERNING THE JOINT RULES OF THE OCTOBER SPECIAL SESSION, 2005.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted. In concurrence with the House.

The following is the Resolution.

Resolved by this Assembly:

That the joint rules of this Special Session shall be the same as the joint rules in force at the 2005 regular session, except as said rules are amended, altered or repealed in this resolution.

Strike out Rule 3.

Strike out Rule 4.

Strike out Rule 5.

Strike out Rule 6.

Strike out Rule 7 and insert in lieu thereof the following:

LEGISLATIVE COMMISSIONERS

FORM AND INTRODUCTION OF BILLS

7. Only bills and substantive resolutions specified in The Proclamation by the Governor, dated September 29, 2005, convening the General Assembly in Special Session to commence at 10: 00 a. m. on October 11, 2005, shall be received.

The Legislative Commissioners' Office shall prepare all bills and resolutions. When a bill or resolution has been prepared by the Legislative Commissioners' Office and signed by the Speaker and President Pro Tempore, the bill or resolution shall immediately be given to the clerk of the Senate or the House as designated. Before or at the time the bill or resolution is given to the clerk, the Legislative Commissioners' Office shall provide to the Office of Fiscal Analysis copies of each bill or resolution to prepare a fiscal note if required by Rule 15 of the joint rules.

Each bill and resolution shall be printed, without interlineation or erasure. The duplicate copies of each bill or resolution shall be made on yellow-colored and blue-colored paper, respectively, of the same size and format as the original.

Each bill and resolution shall be transmitted, in triplicate by the Legislative Commissioners' Office to the clerks of the House or Senate.

The clerks shall number each bill and resolution.

The clerks shall certify and keep on file a duplicate copy of each bill and resolution. The certified duplicate copy shall remain at all times in the clerk's office. If the original cannot be located, a copy of such certified duplicate copy shall be made by the clerk and used in lieu of the original.

The clerk shall make a notation on the certified duplicate copy of all action taken on the original.

Any member of the General Assembly may co-sponsor a bill or resolution by making a request in writing after it has been filed, to the clerk of the house in which the bill or resolution has been filed to add his or her name as a co-sponsor of the bill or resolution, but not later than the date of the signing of the bill, or the deadline for the signing of the bill, by the Governor, whichever is earlier, or the adoption of the resolution.

After introduction no bill or resolution shall be altered except by the legislative commissioners.

Strike out Rule 8.

Strike out Rule 9 and insert in lieu thereof the following:

BILLS AND SUBSTANTIVE RESOLUTIONS

9. Only bills and substantive resolutions certified by the Speaker and President Pro Tempore in accordance with section 2-26 of the general statutes may be introduced. Bills and resolutions so certified by the Speaker and the President Pro Tempore shall be identified as "bills" or "resolutions".

Each bill amending any statute or special act shall set forth in full the section or subsection of the statute or the special act to be amended. Matter to be omitted or repealed shall be surrounded by brackets or overstricken so that the omitted or repealed matter remains readable, and new matter shall be indicated by capitalization or underscoring of all words in the original bill and by capitalization, underscoring or italics in its printed form. In the case of a section or subsection not amending an existing section of the general statutes but intended to be part of the general statutes, the section or subsection may be in upper and lower case letters preceded by the word (NEW).

Strike out Rule 10.

Strike out Rule 11.

Strike out Rule 13.

Strike out Rule 14 and insert in lieu thereof the following:

TRANSMITTAL BETWEEN HOUSES

14. Upon passage in the first house, the bill or resolution shall be transmitted immediately to the second house.

Strike out Rule 15 and insert in lieu thereof the following:

15. Any bill or substantive resolution which if passed, would affect state or municipal revenue, or would require the expenditure of state or municipal funds, shall have a fiscal note attached. Any fiscal note printed with or prepared for a bill or resolution shall be solely for the purpose of information, summarization and explanation for members of the General Assembly and shall not be construed to represent the intent of the General Assembly or either house thereof for any purpose. Each such fiscal note shall bear the following disclaimer: "The following Fiscal Impact Statement is prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either house thereof for any purpose. " When an amendment is offered to a bill or resolution in the House or the Senate, which, if adopted, would require the expenditure of state or municipal funds or affect state or municipal revenue, a fiscal note shall be available at the time the amendment is offered. Any fiscal note prepared for such an amendment shall be construed in accordance with the provisions of this rule and shall bear the disclaimer required under this rule.

Strike out Rule 16 and insert in lieu thereof the following:

BILLS - READINGS

16. First reading of a bill or resolution shall be by title and number. Second reading shall be passage or rejection of the bill or resolution.

Strike out Rule 17 and insert in lieu thereof the following:

17. Copies of each bill or substantive resolution and fiscal note shall be placed on the desks of members and may be acted upon immediately. No bill or substantive resolution may be acted upon unless it is accompanied by a fiscal note.

Each bill and substantive resolution shall be voted upon by a roll call vote. A bill or resolution, certified in accordance with section 2-26 of the general statutes, if filed in the House, may be transmitted to and acted upon first by the Senate with the consent of the Speaker; and if filed in the Senate, may be transmitted to and acted upon first by the House with the consent of the President Pro Tempore.

Strike out Rules 18, 19, 20, 31, 32 and 34.

H. J. No. 202 RESOLUTION CONCERNING THE EXPENSES OF THE OCTOBER SPECIAL SESSION, 2005.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted. In concurrence with the House.

The following is the Resolution.

Resolved by this Assembly:

That the Joint Standing Committee on Legislative Management is authorized to pay the necessary expenses of this special session of the 2005 General Assembly.

H. J. No. 203 RESOLUTION CONCERNING THE PRINTING OF THE JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES FOR THE OCTOBER SPECIAL SESSION, 2005.

Senator Looney of the 11th explained the resolution and moved adoption.

On a voice vote the resolution was adopted. In concurrence with the House.

The following is the Resolution.

Resolved by this Assembly:

That the journals of the proceedings of the Senate and House of Representatives at this special session shall be printed as provided in section 2-49 of the general statutes.

H. J. No. 205 RESOLUTION CONVENING THE GENERAL ASSEMBLY IN SPECIAL SESSION.

Senator Looney of the 11th explained the resolution and moved adoption.

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

On a voice vote the resolution was adopted. In concurrence with the House.

The following is the Resolution.

Resolved by this Assembly:

Pursuant to Article III of the amendments to the state constitution, and Rule 33 of the Joint Rules of this session, we the members of this General Assembly judge it necessary that there be a special session of the General Assembly, that said session be convened not earlier than 12: 01 a. m. on October 18, 2005, and that the call of the session be solely for the purposes of considering and enacting the following legislation:

1) Bills relating to campaign finance reform;

(2) Bills relating to eminent domain;

(3) Bills relating to Public Act 05-286, An Act Concerning Reform of the State Contracting Process;

(4) Bills relating to technical adjustments to state bond authorizations and their underlying programs;

(5) Bills relating to (a) relief for those who are most affected by unprecedented home heating costs, (b) energy cost relief to middle income families, and (c) increased heating fuel price transparency for consumers and prevention of price gouging; and

(6) Bills relating to notification to the Department of Motor Vehicles whenever a commercial vehicle insurance policy is cancelled or otherwise terminated.

BE IT FURTHER RESOLVED, that the clerks of the Senate and the House of Representatives deliver a copy of this resolution to the Secretary of the State forthwith.

MOTION TO ADJOURN

SINE DIE THE OCTOBER SPECIAL SESSION

MOTION ADOPTED

Senator Looney of the 11th moved for adjournment of the October Special Session.

Remarking was Senator DeLuca of the 32nd, who requested that the vote be taken by roll call.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 08 p. m. :

Total Number Voting 35

Necessary for Adoption 16

Those voting Yea 20

Those voting Nay 11

Those absent and not voting 4

Vacant 1

On the roll call vote the motion for adjournment sine die was adopted.

The following is the roll call vote:

A

   

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

   

N

21

GEORGE L. GUNTHER

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

BILL FINCH

 

Y

 

5

JONATHAN HARRIS

     

23

Vacant

 

Y

 

6

DONALD J. DEFRONZO

A

   

24

DAVID CAPPIELLO

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

THOMAS HERLIHY

   

N

26

JUDITH G. FREEDMAN

 

Y

 

9

BIAGIO CIOTTO

 

Y

 

27

ANDREW J. MCDONALD

A

   

10

TONI N. HARP

   

N

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

   

N

30

ANDREW W. RORABACK

 

Y

 

13

THOMAS P. GAFFEY

 

Y

 

31

THOMAS A. COLAPIETRO

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

LOUIS C. DELUCA

A

   

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

 

Y

 

16

CHRISTOPHER S. MURPHY

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

   

N

18

CATHERINE W. COOK

   

N

36

WILLIAM H. NICKERSON

ATTEST: Thomas P. Sheriden

Clerk of the Senate

Senate Chamber

Hartford, Connecticut

4: 09 o’clock p. m.