JOURNAL OF THE SENATE

Thursday, May 1, 2008

The Senate was called to order at 12: 21 p. m. , the President in the Chair.

The prayer was offered by the Acting Chaplain, Liam Sweeney of West Hartford, Connecticut.

The following is the prayer:

Father, help us to understand that the freedom You have given us needs living and acting concern; that the world of persons must be touched with love. For neither freedom nor love are ends in themselves, but a share in Your power of creation. Banish from the hearts of men all rancor and ill feeling. Grant us the serene vision of a new prosperity pleasing to all the world. Amen.

PLEDGE

Senator Caligiuri of the 16th led the Senate in the pledge of Allegiance.

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

NEW FILE

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

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 317 (RAISED) (File Nos. 592 and 758) AN ACT CONCERNING FUNDING FOR AN EMINENT FACULTY RESEARCH TEAM AND NANOTECHNOLOGY.

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. 5020 (File No. 664) AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS REGARDING THE TOBACCO AND HEALTH TRUST FUND.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5113 (RAISED) (File Nos. 195 and 759) AN ACT CONCERNING PROFESSIONAL EMPLOYER ORGANIZATIONS AND EMPLOYEE MISCLASSSIFICATION. (As amended by House Amendment Schedule "A").

ENVIRONMENT. H. B. No. 5117 (RAISED) (File No. 227) AN ACT CONCERNING HAZARDOUS DUTY RETIREMENT CREDIT FOR THE DIRECTOR AND ASSISTANT DIRECTORS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION EMERGENCY RESPONSE AND SPILL PREVENTION DIVISION.

ENERGY AND TECHNOLOGY. Substitute for H. B. No. 5145 (RAISED) (File Nos. 101 and 760) AN ACT CONCERNING ENVIRONMENTAL JUSTICE COMMUNITIES AND THE STORAGE OF ASBESTOS-CONTAINING MATERIAL. (As amended by House Amendment Schedules "A" and "B").

LEGISLATIVE MANAGEMENT. Substitute for H. B. No. 5447 (RAISED) (File Nos. 394 and 710) AN ACT CONCERNING APPOINTMENTS TO THE BEHAVIORAL HEALTH PARTNERSHIP OVERSIGHT COUNCIL.

INSURANCE AND REAL ESTATE. H. B. No. 5513 (RAISED) (File Nos. 112 and 761) AN ACT CONCERNING THE RIGHT OF RECOVERY BY THE CONNECTICUT INSURANCE GUARANTY ASSOCIATION. (As amended by House Amendment Schedule "A").

INSURANCE AND REAL ESTATE. H. B. No. 5514 (RAISED) (File Nos. 113 and 762) AN ACT ESTABLISHING A LOAN PROGRAM FOR THE PURCHASE OF PROSTHESES. (As amended by House Amendment Schedule "A").

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 5590 (RAISED) (File Nos. 488 and 763) AN ACT CONCERNING THE TEACHING OF CHILDREN WITH AUTISM AND OTHER DEVELOPMENTAL DISABILITIES. (As amended by House Amendment Schedule "A").

GENERAL LAW. Substitute for H. B. No. 5610 (RAISED) (File Nos. 47 and 764) AN ACT REQUIRING LAST SALE DATES FOR RETAIL PRODUCTS. (As amended by House Amendment Schedule "A").

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 5621 (RAISED) (File No. 339) AN ACT CONCERNING THE RIGHT TO A HEARING IN THE RENTAL ASSISTANCE PROGRAM, TRANSITIONARY RENTAL ASSISTANCE PROGRAM AND SECTION 8 VOUCHER PROGRAM.

JUDICIARY. Substitute for H. B. No. 5650 (RAISED) (File Nos. 238 and 765) AN ACT CONCERNING CHILD PRODUCT SAFETY. (As amended by House Amendment Schedule "A").

JUDICIARY. H. B. No. 5676 (RAISED) (File No. 308) AN ACT CONCERNING THE PENALTY FOR THE ILLEGAL POSSESSION OF ALCOHOL BY MINORS.

HUMAN SERVICES. Substitute for H. B. No. 5708 (RAISED) (File Nos. 401 and 766) AN ACT CONCERNING THE EXPANSION OF THE CARE 4 KIDS PROGRAM. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 5127 (RAISED) (File Nos. 335 and 709) AN ACT CONCERNING THE ADMISSION OF ELDERLY PERSONS TO PUBLIC AND SUBSIDIZED HOUSING.

APPROPRIATIONS. Substitute for H. B. No. 5730 (RAISED) (File Nos. 553 and 767) AN ACT CONCERNING ENVIRONMENTAL HEALTH. (As amended by House Amendment Schedule "A").

APPROPRIATIONS. Substitute for H. B. No. 5820 (RAISED) (File Nos. 492 and 768) AN ACT CONCERNING HIGH SCHOOL CREDIT FOR PRIVATE WORLD LANGUAGE COURSES AND FOR OTHER SUBJECT AREAS. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 5855 (RAISED) (File Nos. 333 and 769) AN ACT CONCERNING HUNTING OF MOOSE AND BEAR. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 5877 (RAISED) (File Nos. 473 and 770) AN ACT CONCERNING TERMS OF PROBATION. (As amended by House Amendment Schedules "A" and "B").

JUDICIARY. H. B. No. 5918 (RAISED) (File No. 500) AN ACT CONCERNING JURORS.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

DISAGREEING ACTIONS

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

JUDICIARY. Substitute for S. B. No. 333 (RAISED) (File Nos. 419 and 771) AN ACT CONCERNING COMPREHENSIVE ETHICS REFORMS. (As amended by Senate Amendment Schedule "A" and House Amendment Schedule "A").

PUBLIC HEALTH. Substitute for S. B. No. 471 (RAISED) (File Nos. 172 and 772) AN ACT EXTENDING THE STATE PHYSICIAN PROFILE TO CERTAIN OTHER HEALTH CARE PROVIDERS. (As amended by Senate Amendment Schedules "A" and "B" and House Amendment Schedule "A"). HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. S. B. No. 553 (RAISED) (File Nos. 224 and 773) AN ACT ESTABLISHING A SPORTS ADVISORY BOARD. (As amended by Senate Amendment Schedule "A" and House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEES

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.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 687 (RAISED) (File No. 438) AN ACT CONCERNING AUTOMATIC EXTERNAL DEFIBRILLATORS. (As amended by Senate Amendment Schedules "A" and "B").

Senator Kissel of the 7th explained the bill as amended, offered Senate Amendment Schedule “C” (LCO 5502) and moved adoption.

Remarking were Senators McDonald of the 27th and Prague of the 19th.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 15, after "during" insert "staffed"

Remarking were Senators Freedman of the 26th, McKinney of the 28th and Prague of the 19th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 39 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 33

Those voting Nay 0

Those absent and not voting 3

On the roll call vote Senate Bill No. 687 as amended by Senate Amendment Schedule “A” (LCO 4570) and Senate Amendment Schedule “B” (LCO 4829) and Senate Amendment Schedule “C” (LCO 5502) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

A

   

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

 

Y

 

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

 

Y

 

13

THOMAS P. GAFFEY

 

Y

 

31

THOMAS A. COLAPIETRO

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

A

   

15

JOAN V. HARTLEY

A

   

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 337 (RAISED) (File No. 529) AN ACT CONCERNING JUVENILE JUSTICE. (On April 30, 2008. Senate Amendment Schedule “A” (LCO 5495) was designated).

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 5495) which was designated on April 30, 2008 and moved adoption.

Remarking were Senators Freedman of the 26th and Harp of the 10th.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 362, after "established" insert ", within available appropriations,"

In line 429, after "established" insert ", within available appropriations,"

In line 468, after "established" insert ", within available appropriations,"

Senator Meyer of the 12th offered Senate Amendment Schedule “B” (LCO 4609) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 160, strike "at the" and insert in lieu thereof "if a release pursuant to subdivision (1) of this subsection is not an available option, the officer may"

In line 161, strike "discretion of the officer,"

In line 511, after "resides" insert ", or, if such youth does not reside in this state, in the jurisdiction in which the case is pending,"

Senator McDonald of the 27th offered Senate Amendment Schedule “C” (LCO 4116) and moved adoption.

Remarking was Senator Kissel of the 7th.

On a voice vote the amendment was adopted.

The following is the Amendment.

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

"Sec. 501. (NEW) (Effective July 1, 2008) All juvenile prosecutorial officials shall be appointed by the Criminal Justice Commission and be subject to the provisions of sections 51-278, 51-278a, 51-278b and 51-279c of the general statutes. Such juvenile prosecutorial officials shall have the same jurisdiction as other prosecutorial officials under section 51-281 of the general statutes.

(b) Juvenile prosecutorial officials employed by the Division of Criminal Justice on the effective date of this section shall be deemed to have been appointed by the Criminal Justice Commission and have the same jurisdiction as other prosecutorial officials under section 51-281 of the general statutes.

Sec. 502. (NEW) (Effective July 1, 2008) For the purposes of chapter 815t of the general statutes, "juvenile prosecutor" means any prosecutorial official appointed by the Criminal Justice Commission.

Sec. 503. (NEW) (Effective July 1, 2008) Whenever any provision of the general statutes vests authority or responsibility for action in a juvenile prosecutor, that action or responsibility may be exercised by any prosecutorial official appointed by the Criminal Justice Commission. "

Remarking were Senators Freedman of the 26th, Doyle of the 9th Gaffey of the 13th and Harp of the 10th.

SENATOR COLEMAN OF THE 2ND IN THE CHAIR

and remarking was Senator McKinney of the 28th.

PRESIDENT IN THE CHAIR

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 38 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 31

Those voting Nay 5

Those absent and not voting 0

On the roll call vote Senate Bill No. 337 as amended by Senate Amendment Schedule “A” (LCO 5495) and Senate Amendment Schedule “B” (LCO 4609) and Senate Amendment Schedule “C” (LCO 4116) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

   

N

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

   

N

13

THOMAS P. GAFFEY

 

Y

 

31

THOMAS A. COLAPIETRO

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

   

N

16

SAM CALIGIURI

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

BANKS. Substitute for S. B. No. 440 (RAISED) (File No. 423) AN ACT CONCERNING THE CONNECTICUT BUSINESS CORPORATION ACT.

Senator McDonald of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 5168) and moved adoption.

Senator Fasano of the 34th raised a Point of Order on the amendment being germane.

Remarking was Senator Looney of the 11th.

Senator Fasano of the 34th withdrew his Point of Order.

Remarking were Senators McKinney of the 28th, Williams of the 29th, Debicella of the 21st and Roraback of the 30th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 27 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 24

Those voting Nay 11

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “A” (LCO 5168) was adopted.

The following is the roll call vote:

 

Y

 

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

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

   

N

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

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

ROBERT J. KANE

A

   

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

   

N

16

SAM CALIGIURI

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

   

N

36

WILLIAM H. NICKERSON

Remarking was Senator Looney of the 11th.

SENATOR COLEMAN OF THE 2ND IN THE CHAIR

Senator McKinney of the 28th offered Senate Amendment Schedule “B” (LCO 5472), moved adoption and requested that the vote be taken by roll call.

Remarking were Senators Fasano of the 34th and Freedman of the 26th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 47 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 14

Those voting Nay 20

Those absent and not voting 2

On the roll call vote Senate Amendment Schedule “B” (LCO 5472) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

EDITH G. PRAGUE

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

   

N

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

   

N

5

JONATHAN HARRIS

A

   

23

EDWIN A. GOMES

   

N

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

   

N

27

ANDREW J. MCDONALD

   

N

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

   

N

13

THOMAS P. GAFFEY

   

N

31

THOMAS A. COLAPIETRO

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

A

   

15

JOAN V. HARTLEY

   

N

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

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, 2008) (a) There is established an Office of the Inspector General which shall act to detect and prevent fraud, waste and abuse in the management of state personnel, in the use and disposition of public property, and in the collection, disbursement and expenditure of state and federal funds administered by state or local governmental agencies. The Office of the Inspector General shall also evaluate the economy, efficiency and effectiveness of state agencies in the performance of their delegated duties and functions.

(b) The Inspector General shall be appointed by the Auditors of Public Accounts in accordance with this subsection. A committee consisting of the president pro tempore of the Senate, the speaker of the House of Representatives, the minority leaders of the Senate and the House of Representatives, the cochairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to government administration and to the cochairpersons of the Legislative Program Review and Investigations Committee shall submit to the Auditors of Public Accounts the names of three candidates for appointment to the position of Inspector General. The Auditors of Public Accounts shall appoint one of such candidates to be Inspector General with the advice and consent of the General Assembly. The auditors, not later than ninety days after the submission to them by the committee of the candidates for appointment, shall make such appointment, provided if the auditors fail to make such appointment within said period the committee by majority vote shall make such appointment. The Inspector General shall be appointed on the basis of integrity and competence demonstrated in appropriate fields. The Inspector General shall hold office for a term of five years and until the appointment of a successor, unless sooner removed for just cause by the Auditors of Public Accounts. Such cause may include, but not be limited to, material neglect of duty, gross misconduct or conviction of a felony.

Sec. 502. (NEW) (Effective October 1, 2008) (a) The Office of the Inspector General shall be an independent office within the Joint Committee on Legislative Management for administrative purposes only.

(b) There is established, within available appropriations, a system for the coordination of efforts between the Office of the Inspector General and officials performing similar duties and internal auditing functions within the various state and local agencies. Such system may include continuing training programs for professional development, the adoption of standard guidelines and procedures and the organization of a communications network within the system. The internal auditors and support staff within the agencies shall remain assigned to such agencies but shall have their annual internal audit program approved by the Inspector General.

(c) The Inspector General may adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of sections 501 to 504, inclusive, of this act. The Inspector General may employ necessary staff, within available appropriations.

Sec. 503. (NEW) (Effective October 1, 2008) (a) The Inspector General shall: (1) Conduct preemptive inspections, inquiries and investigations relating to programs and operations involving the collection, administration or expenditure of public funds, the use or disposition of state owned or leased property or the management practices and regulatory or statutory compliance of state agencies; (2) have access to all records, data and material maintained by or available to any governmental agency; and (3) have access to all records, data and material maintained by or available to any person or organization involved in the collection, expenditure or administration of public funds, control of state owned or leased property or management of state employees.

(b) The Inspector General may make application to a panel of three superior court judges, appointed by the Chief Court Administrator, for the issuance of a subpoena whenever such subpoena is necessary in order to obtain information which is not otherwise available and which is needed in the performance of the Inspector General's duties. Any person aggrieved by the issuance of a subpoena by the Inspector General may petition the Superior Court for relief.

Sec. 504. (NEW) (Effective October 1, 2008) (a) The Inspector General may make recommendations to the Governor, the General Assembly and to the Legislative Program Review and Investigations Committee concerning the prevention and detection of fraud, waste and abuse, including recommendations concerning legislation and regulations or the coordination of preventative measures by governmental and nongovernmental entities. The Inspector General may assist or request assistance from any governmental agency, state employee or person or organization collecting or expending public funds or controlling state owned or leased property.

(b) The Inspector General shall report findings of fact along with any recommendations: (1) To the Chief State's Attorney or the State Ethics Commission, when there is a reasonable belief that a state law has been or is being violated; (2) to the Attorney General, when there is a reasonable belief that civil recovery proceedings are appropriate; (3) to the United States Attorney, when there is a reasonable belief that a federal law has been or is being violated or when civil recovery is appropriate; and (4) to the appropriate municipal authority when there is a reasonable belief that civil recovery proceedings are appropriate.

(c) On or before October 31, 2009, and annually thereafter, the Inspector General shall submit a report concerning the activities of the Office of the Inspector General to the Governor, the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and government administration and to the Legislative Program Review and Investigations Committee. The Inspector General may make such other reports as the Inspector General deems appropriate.

(d) All records of the Office of the Inspector General relating to actual or potential inspections, or inquiries or investigations shall be confidential and shall not be public records under the Freedom of Information Act, as defined in section 1-200 of the general statutes, until such time as all such audits or investigations have been concluded and all criminal and civil actions arising from the records have been finally adjudicated or otherwise settled or to such extent as may be deemed appropriate by the Inspector General in the performance of the Inspector General's duties, whichever is earlier. Records which are otherwise public documents shall not be deemed confidential solely because they have been transferred to the custody of the Inspector General. Where there are statutory requirements of confidentiality with regard to such records, books, data, files and other material printed or otherwise, maintained by a state agency, such requirements of confidentiality and penalties for the violation of such requirements shall apply to the Inspector General and to the Inspector General's agents in the same manner and to the same extent as such requirements of confidentiality and penalties apply to such state agency.

Sec. 505. Subsection (e) of section 2-90 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(e) If the Auditors of Public Accounts discover, or if it should come to their knowledge, that any unauthorized, illegal, irregular or unsafe handling or expenditure of state funds or any breakdown in the safekeeping of any resources of the state has occurred or is contemplated, they shall forthwith present the facts to the Governor, the State Comptroller, the clerk of each house of the General Assembly, the Inspector General, the Legislative Program Review and Investigations Committee and the Attorney General. Any Auditor of Public Accounts neglecting to make such a report, or any agent of the auditors neglecting to report to the Auditors of Public Accounts any such matter discovered by [him] the auditor or coming to [his] the auditor's knowledge shall be fined not more than one hundred dollars or imprisoned not more than six months, or both.

Sec. 506. Section 4-61dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Any person having knowledge of any matter involving corruption, unethical practices, violation of state laws or regulations, mismanagement, gross waste of funds, abuse of authority or danger to the public safety occurring in any state department or agency or any quasi-public agency, as defined in section 1-120, or any person having knowledge of any matter involving corruption, violation of state or federal laws or regulations, gross waste of funds, abuse of authority or danger to the public safety occurring in any large state contract, may transmit all facts and information in such person's possession concerning such matter to the [Auditors of Public Accounts. The Auditors of Public Accounts] Inspector General. The Inspector General shall review such matter and report [their] any findings and any recommendations to the Attorney General. Upon receiving such a report, the Attorney General shall make such investigation as the Attorney General deems proper regarding such report and any other information that may be reasonably derived from such report. Prior to conducting an investigation of any information that may be reasonably derived from such report, the Attorney General shall consult with the [Auditors of Public Accounts] Inspector General concerning the relationship of such additional information to the report that has been issued pursuant to this subsection. Any such subsequent investigation deemed appropriate by the Attorney General shall only be conducted with the concurrence and assistance of the [Auditors of Public Accounts] Inspector General. At the request of the Attorney General or on their own initiative, the auditors shall assist in the investigation. The Attorney General shall have power to summon witnesses, require the production of any necessary books, papers or other documents and administer oaths to witnesses, where necessary, for the purpose of an investigation pursuant to this section. Upon the conclusion of the investigation, the Attorney General shall where necessary, report any findings to the Governor, or in matters involving criminal activity, to the Chief State's Attorney. In addition to the exempt records provision of section 1-210, the [Auditors of Public Accounts] Inspector General and the Attorney General shall not, after receipt of any information from a person under the provisions of this section, disclose the identity of such person without such person's consent unless the [Auditors of Public Accounts] Inspector General or the Attorney General determines that such disclosure is unavoidable, and may withhold records of such investigation, during the pendency of the investigation.

(b) (1) No state officer or employee, as defined in section 4-141, no quasi-public agency officer or employee, no officer or employee of a large state contractor and no appointing authority shall take or threaten to take any personnel action against any state or quasi-public agency employee or any employee of a large state contractor in retaliation for such employee's or contractor's disclosure of information to (A) an employee of the [Auditors of Public Accounts] Inspector General or the Attorney General under the provisions of subsection (a) of this section; (B) an employee of the state agency or quasi-public agency where such state officer or employee is employed; (C) an employee of a state agency pursuant to a mandated reporter statute; or (D) in the case of a large state contractor, an employee of the contracting state agency concerning information involving the large state contract.

(2) If a state or quasi-public agency employee or an employee of a large state contractor alleges that a personnel action has been threatened or taken in violation of subdivision (1) of this subsection, the employee may notify the Attorney General, who shall investigate pursuant to subsection (a) of this section.

(3) (A) Not later than thirty days after learning of the specific incident giving rise to a claim that a personnel action has been threatened or has occurred in violation of subdivision (1) of this subsection, a state or quasi-public agency employee, an employee of a large state contractor or the employee's attorney may file a complaint concerning such personnel action with the Chief Human Rights Referee designated under section 46a-57. The Chief Human Rights Referee shall assign the complaint to a human rights referee appointed under section 46a-57, who shall conduct a hearing and issue a decision concerning whether the officer or employee taking or threatening to take the personnel action violated any provision of this section. If the human rights referee finds such a violation, the referee may award the aggrieved employee reinstatement to the employee's former position, back pay and reestablishment of any employee benefits for which the employee would otherwise have been eligible if such violation had not occurred, reasonable attorneys' fees, and any other damages. For the purposes of this subsection, such human rights referee shall act as an independent hearing officer. The decision of a human rights referee under this subsection may be appealed by any person who was a party at such hearing, in accordance with the provisions of section 4-183.

(B) The Chief Human Rights Referee shall adopt regulations, in accordance with the provisions of chapter 54, establishing the procedure for filing complaints and noticing and conducting hearings under subparagraph (A) of this subdivision.

(4) As an alternative to the provisions of subdivisions (2) and (3) of this subsection: (A) A state or quasi-public agency employee who alleges that a personnel action has been threatened or taken may file an appeal not later than thirty days after learning of the specific incident giving rise to such claim with the Employees' Review Board under section 5-202, or, in the case of a state or quasi-public agency employee covered by a collective bargaining contract, in accordance with the procedure provided by such contract; or (B) an employee of a large state contractor alleging that such action has been threatened or taken may, after exhausting all available administrative remedies, bring a civil action in accordance with the provisions of subsection (c) of section 31-51m.

(5) In any proceeding under subdivision (2), (3) or (4) of this subsection concerning a personnel action taken or threatened against any state or quasi-public agency employee or any employee of a large state contractor, which personnel action occurs not later than one year after the employee first transmits facts and information concerning a matter under subsection (a) of this section to the [Auditors of Public Accounts] Inspector General or the Attorney General, there shall be a rebuttable presumption that the personnel action is in retaliation for the action taken by the employee under subsection (a) of this section.

(6) If a state officer or employee, as defined in section 4-141, a quasi-public agency officer or employee, an officer or employee of a large state contractor or an appointing authority takes or threatens to take any action to impede, fail to renew or cancel a contract between a state agency and a large state contractor, or between a large state contractor and its subcontractor, in retaliation for the disclosure of information pursuant to subsection (a) of this section to any agency listed in subdivision (1) of this subsection, such affected agency, contractor or subcontractor may, not later than ninety days after learning of such action, threat or failure to renew, bring a civil action in the superior court for the judicial district of Hartford to recover damages, attorney's fees and costs.

(c) Any employee of a state or quasi-public agency or large state contractor, who is found to have knowingly and maliciously made false charges under subsection (a) of this section, shall be subject to disciplinary action by such employee's appointing authority up to and including dismissal. In the case of a state or quasi-public agency employee, such action shall be subject to appeal to the Employees' Review Board in accordance with section 5-202, or in the case of state or quasi-public agency employees included in collective bargaining contracts, the procedure provided by such contracts.

(d) On or before September first, annually, the [Auditors of Public Accounts] Inspector General shall submit to the clerk of each house of the General Assembly a report indicating the number of matters for which facts and information were transmitted to the auditors pursuant to this section during the preceding state fiscal year and the disposition of each such matter.

(e) Each contract between a state or quasi-public agency and a large state contractor shall provide that, if an officer, employee or appointing authority of a large state contractor takes or threatens to take any personnel action against any employee of the contractor in retaliation for such employee's disclosure of information to any employee of the contracting state or quasi-public agency or the [Auditors of Public Accounts] Inspector General or the Attorney General under the provisions of subsection (a) of this section, the contractor shall be liable for a civil penalty of not more than five thousand dollars for each offense, up to a maximum of twenty per cent of the value of the contract. Each violation shall be a separate and distinct offense and in the case of a continuing violation each calendar day's continuance of the violation shall be deemed to be a separate and distinct offense. The executive head of the state or quasi-public agency may request the Attorney General to bring a civil action in the superior court for the judicial district of Hartford to seek imposition and recovery of such civil penalty.

(f) Each large state contractor shall post a notice of the provisions of this section relating to large state contractors in a conspicuous place which is readily available for viewing by the employees of the contractor.

(g) No person who, in good faith, discloses information to the [Auditors of Public Accounts] Inspector General or the Attorney General in accordance with this section shall be liable for any civil damages resulting from such good faith disclosure.

(h) As used in this section:

(1) "Large state contract" means a contract between an entity and a state or quasi-public agency, having a value of five million dollars or more; and

(2) "Large state contractor" means an entity that has entered into a large state contract with a state or quasi-public agency. "

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 50 p. m. :

Total Number Voting 34

Necessary for Adoption 18

Those voting Yea 26

Those voting Nay 8

Those absent and not voting 2

On the roll call vote Senate Bill No. 440 as amended by Senate Amendment Schedule “A” (LCO 5472) was passed.

The following is the roll call vote:

 

Y

 

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

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

   

N

22

ROBERT D. RUSSO

   

N

5

JONATHAN HARRIS

A

   

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

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

ROBERT J. KANE

A

   

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

   

N

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 676 (RAISED) (File No. 520) AN ACT PROVIDING FAIRNESS IN SALARIES FOR STATE MANAGERS.

Senator Slossberg of the 14th explained the bill, offered Senate Amendment Schedule “A” (LCO 5038) and moved adoption.

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. (NEW) (Effective from passage) Within available appropriations, the Commissioner of Administrative Services shall study the pay plans and salaries affecting managerial and confidential employees subject to the provisions of chapter 67 of the general statutes and identify any salary compression or pay inequities that exist. Not later than January 1, 2009, the commissioner shall report all findings and recommendations as a result of such study to the joint standing committee of the General Assembly having cognizance of matters relating to government administration. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

On motion of Senator Slossberg of the 14th, the bill as amended by Senate Amendment Schedule “A” (LCO 5038) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

RESOLUTION ADOPTED

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. J. No. 21 (COMM) (File No. 334) RESOLUTION PROPOSING AN AMENDMENT TO THE STATE CONSTITUTION TO ALLOW SEVENTEEN-YEAR-OLD PERSONS WHO WILL BE EIGHTEEN YEARS OF AGE AT THE NEXT REGULAR ELECTION TO VOTE IN PRIMARIES RELATED TO SUCH ELECTION.

Senator Slossberg of the 14th explained the resolution and moved adoption.

Senator Debicella of the 21st offered Senate Amendment Schedule “A” (LCO 5557), moved adoption and requested that the vote be taken by roll call.

Remarking were Senators Caligiuri of the 16th and Meyer of the 12th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 28 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 9

Those voting Nay 26

Those absent and not voting 1

On the roll call vote Senate Amendment Schedule “A” (LCO 5557) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

EDITH G. PRAGUE

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

   

N

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

   

N

5

JONATHAN HARRIS

   

N

23

EDWIN A. GOMES

   

N

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

   

N

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

   

N

27

ANDREW J. MCDONALD

   

N

10

TONI N. HARP

A

   

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

   

N

30

ANDREW W. RORABACK

   

N

13

THOMAS P. GAFFEY

   

N

31

THOMAS A. COLAPIETRO

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

   

N

36

WILLIAM H. NICKERSON

The following is the Amendment.

In line 1, before "That", insert "Section 1. "

After line 29, insert the following:

"Sec. 501. That the following be proposed as an amendment to the Constitution of the State, which, when approved and adopted in the manner provided by the Constitution, shall to all intents and purposes, become a part thereof:

Section 1. Section 1 of article third of the Constitution is amended to read as follows:

The legislative power of this state, except for the powers of initiative and referendum reserved by the people, shall be vested in two distinct houses or branches; the one to be styled the senate, the other the house of representatives, and both together the general assembly. The style of their laws shall be: Be it enacted by the Senate and House of Representatives in General Assembly convened.

Section 2. Article eleventh of the Constitution is amended by adding sections 6 and 7 as follows:

(NEW) Sec. 6. An initiative measure may be proposed by presenting to the Secretary of the State a petition that sets forth the text of the proposed law and that is certified to have been signed by a number of electors equal to at least five per cent of those registered to vote in the preceding gubernatorial election. The initiative shall be voted on in the next general election after certifying the petition, and shall be valid if it receives a majority of "yes" votes with at least sixty per cent of the eligible voters casting ballots. No initiative measure may be introduced that (1) names an individual to hold any office, (2) names a private corporation to perform any function or to have any power, (3) creates or abolishes courts, prescribes their rules or alters their decisions, (4) proposes special legislation affecting municipalities, (5) increases spending without increasing taxes, or (6) was the subject of an initiative proposal within the three preceding calendar years. The General Assembly may amend an initiative passed by the public, but only after three years after its implementation date.

(NEW) Sec. 7. A referendum measure may be proposed by presenting to the Secretary of the State a petition that sets forth the law or part thereof to be submitted to the electors for approval or rejection and that is certified to have been signed by a number of electors equal to at least five per cent of those registered to vote in the preceding gubernatorial election. The referendum shall be voted on in the next general election after certifying the petition, and shall be valid if it receives a majority of "yes" votes with at least sixty per cent of the eligible voters casting ballots. No referendum shall be allowed that (1) changes laws necessary for the immediate preservation of the public peace, (2) changes health or safety standards, (3) changes laws requiring elections, (4) names a private corporation to perform any function or to have any power, (5) creates or abolishes courts, prescribes their rules or alters their decisions, (6) proposes special legislation affecting municipalities, (7) increases spending without increasing taxes, or (8) was the subject of a referendum in the three preceding calendar years. The General Assembly may amend a referendum passed by the public, but only after three years after its implementation date.

RESOLVED: That the foregoing proposed amendment to the Constitution be continued to the next session of the General Assembly elected at the general election to be held on November 4, 2008, and published with the laws passed at the present session, or be presented to the electors at the general election to be held on November 4, 2008, whichever the case may be, according to article sixth of the amendments to the Constitution. The designation of said proposed amendment to be used on the voting machine ballot labels and absentee ballots at such election shall be "Shall the Constitution of the State be amended to grant the powers of initiative and referendum to the people of Connecticut?""

Remarking were Senators Kissel of the 7th, Freedman of the 26th, Debicella of the 21st and LeBeau of the 3rd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 45 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote House Joint Resolution No. 21 was adopted. In concurrence with the House.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

 

Y

 

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

 

Y

 

13

THOMAS P. GAFFEY

 

Y

 

31

THOMAS A. COLAPIETRO

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

REPORTS

The following reports were received, read by the Clerk and referred to the Committees indicated:

State of Connecticut Auditors of Public Accounts. Monthly report as required by Section 4-33a of the Connecticut General Statutes. Received May 1, 2008.

The report was referred to the Committees on Appropriations and Public Health.

State of Connecticut Department of Developmental Services. Annual Mortality Report for the fiscal year 2007. Received May 1, 2008.

The reports were referred to the Committees on Appropriations and Public Health.

BUSINESS FROM THE HOUSE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

HOUSE RESOLUTION

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

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 86 RESOLUTION CONFIRMING THE NOMINATION OF JEAN M. LAVECCHIA OF KILLINGWORTH TO BE A MEMBER OF THE BOARD OF GOVERNORS FOR HIGHER EDUCATION.

RECESS

On motion of Senator Looney of the 11th, the Senate at 3: 50 p. m. recessed.

AFTER RECESS

The Senate reconvened at 6: 53 p. m. , Senator Coleman of the 2nd in the Chair.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR

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

JUDICIARY. S. B. No. 540 (RAISED) (File No. 84) AN ACT DOUBLING THE FINES FOR MOVING MOTOR VEHICLE VIOLATIONS OCCURRING IN EMERGENCY RESPONSE AREAS.

JUDICIARY. S. B. No. 688 (RAISED) (File No. 439) AN ACT CONCERNING MURDER AND INHERITANCE.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

DISAGREEING ACTION

BILL PLACED ON CONSENT CALENDAR NO. 1

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

JUDICIARY. Substitute for S. B. No. 272 (RAISED) (File Nos. 129 and 753) AN ACT CONCERNING SHORTHAND REPORTERS AND THE REGISTRATION OF LOCKSMITHS. (As amended by Senate Amendment Schedule "A" and House Amendment Schedule "A"). In concurrence with the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the report of the Committees accepted and the bill placed on the Consent Calendar.

INSURANCE AND REAL ESTATE. S. B. No. 164 (RAISED) (File No. 152) AN ACT ADOPTING THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' INTERSTATE INSURANCE PRODUCT REGULATION COMPACT.

Senator Crisco of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 5547) and moved adoption.

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. Section 38a-430 of the general statutes is amended by adding subsection (c) as follows (Effective October 1, 2008):

(NEW) (c) To satisfy the requirements set forth in subsection (a) of this section and any regulations relating thereto, an insurer may file with the commissioner, and the commissioner may approve, a signed copy of a form filing for a life insurance product or annuity product that has been filed with, and approved by, the Interstate Insurance Product Regulation Commission, pursuant to the rules adopted by the National Association of Insurance Commissioners' Interstate Insurance Product Regulation Compact. Such insurer shall include with such filing documentation of product approval by such commission, and any additional information the commissioner may require.

Sec. 2. Section 38a-481 of the general statutes is amended by adding subsection (i) as follows (Effective October 1, 2008):

(NEW) (i) To satisfy the requirements set forth in subsection (a) of this section and any regulations relating thereto, an insurer may file with the commissioner, and the commissioner may approve, a signed copy of a form filing for a disability income protection insurance product or long-term care insurance product that has been filed with, and approved by, the Interstate Insurance Product Regulation Commission, pursuant to the rules adopted by the National Association of Insurance Commissioners' Interstate Insurance Product Regulation Compact. Such insurer shall include with such filing documentation of product approval by such commission and any additional information the commissioner may require.

Sec. 3. Section 38a-513 of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2008):

(NEW) (d) To satisfy the requirements set forth in subsection (a) of this section and any regulations relating thereto, an insurer may file with the commissioner, and the commissioner may approve, a signed copy of a form filing for a disability income protection insurance product or long-term care insurance product that has been filed with, and approved by, the Interstate Insurance Product Regulation Commission, pursuant to the rules adopted by the National Association of Insurance Commissioners' Interstate Insurance Product Regulation Compact. Such insurer shall include with such filing documentation of product approval by such commission and any additional information the commissioner may require.

Sec. 4. (Effective October 1, 2008) The Insurance Commissioner shall review the general statutes and regulations relating to insurance and, not later than January 1, 2009, shall report to the standing committee of the General Assembly having cognizance of matters relating to insurance, in accordance with chapter 54 of the general statutes, and make recommendations to achieve uniformity with the existing standards of the National Association of Insurance Commissioners' Interstate Insurance Product Regulation Compact, where appropriate and consistent to protect the public interest in accordance with the duties imposed by title 38a of the general statutes. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2008

38a-430

Sec. 2

October 1, 2008

38a-481

Sec. 3

October 1, 2008

38a-513

Sec. 4

October 1, 2008

New section

On motion of Senator Crisco of the 17th, the bill as amended by Senate Amendment Schedule “A” (LCO 5547) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

SENATE AMENDMENT ADOPTED

BILL AS AMENDED REFERRED TO COMMITTEE ON

GOVERNMENT ADMINISTRATION AND ELECTIONS

The following bill taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Government Administration and Elections.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 5050 (RAISED) (File No. 40) AN ACT CONCERNING TECHNICAL REVISIONS TO THE HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT STATUTES.

Senator Hartley of the 15th explained the bill, offered Senate Amendment Schedule “A” (LCO 5568) and moved adoption.

Remarking were Senators Freedman of the 26th and Fasano of the 34th.

Senator Looney of the 11th request 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 7: 24 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 33

Those voting Nay 3

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “A” (LCO 5568) was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

 

Y

 

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

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

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

   

N

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

The following is the Amendment.

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

"Section 1. Section 10a-2 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There shall be a Board of Governors of Higher Education to serve as the central policy-making authority for public higher education in Connecticut. The board shall consist of eleven members who shall be distinguished leaders of the community in Connecticut. The board shall reflect the state's geographic, racial and ethnic diversity. The members shall not be employed by or be a member of a board of trustees for any Connecticut higher education institution, public or private, nor shall they be employed by or be elected officials of any public agency as defined in subdivision (1) of section 1-200, during their term of membership on the Board of Governors of Higher Education. Seven members shall be appointed by the Governor. The appointment of the other four members on or after October 1, 1991, shall be made as follows: The president pro tempore of the Senate, minority leader of the Senate, speaker of the House of Representatives and minority leader of the House of Representatives shall each appoint one member.

(b) The terms of the present members of the Board of Higher Education shall expire on February 28, 1983. On or before March 1, 1983, the appointing authorities enumerated in subsection (a) of this section shall appoint the initial members of the Board of Governors of Higher Education as follows: Four members appointed by the Governor shall serve a term of four years from said March first and three members appointed by the Governor shall serve a term of two years from said March first. One member appointed by the highest ranked member of the Senate and one member appointed by the highest ranked member of the House of Representatives who are not members of the same political party as the Governor shall serve a term of two years from said March first. One member appointed by the highest ranked member of the Senate and one member appointed by the highest ranked member of the House who are not members of the same political party as the Governor shall serve a term of four years from said March first. Thereafter all members shall be appointed for a term of four years from March first in the year of their appointment. All appointments shall be made with the advice and consent of the General Assembly, in the manner provided in section 4-19. Any vacancy in the Board of Governors of Higher Education shall be filled in the manner provided in section 4-19.

(c) The Governor shall appoint the initial [chairman] chairperson of the board, who shall serve for a term of two years. Thereafter, the board shall elect from its membership a [chairman] chairperson who shall serve for a term to be designated by the board. No [chairman] chairperson shall serve more than two consecutive terms. The board shall elect from its members a vice [chairman] chairperson and such other officers as it deems necessary. Vacancies among any officers shall be filled within thirty days following the occurrence of such vacancy in the same manner as the original selection. Said board shall establish bylaws to govern its procedures and shall appoint such committees and advisory boards as may be convenient or necessary in the transaction of its business.

Sec. 2. Section 10a-11b of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a Blue Ribbon Commission to develop and implement a strategic master plan for higher education in Connecticut.

(1) The commission shall consist of the following voting members: (A) Two members appointed by the speaker of the House of Representatives, who shall have experience as former administrators or faculty members in independent institutions of higher education in this state; (B) two members appointed by the president pro tempore of the Senate, one of whom shall be a former administrator or faculty member of a regional community-technical college and one of whom shall be a former administrator or faculty member of The University of Connecticut; (C) two members appointed by the majority leader of the House of Representatives, one of whom shall be a former administrator or faculty member of a state university in the Connecticut State University system and one of whom shall be a former administrator or faculty member of Charter Oak State College; (D) two members appointed by the majority leader of the Senate, one of whom shall have experience in the field of arts and culture and one of whom shall have experience in the field of health care; (E) two members appointed by the minority leader of the House of Representatives who shall have knowledge and expertise in science and technology; (F) two members appointed by the minority leader of the Senate who shall represent state-wide business organizations; and (G) four members appointed by the Governor, one of whom shall represent a nonprofit education foundation, one of whom shall have experience in university research and its commercial application and one of whom shall have experience in the field of education from prekindergarten to grade twelve, inclusive. The commission membership shall reflect the state's geographic, racial and ethnic diversity.

(2) The following persons shall serve as ex-officio nonvoting members on the commission: (A) The Commissioners of Higher Education, Education [,] and Economic and Community Development, and the Labor Commissioner, or their designees; (B) the chairpersons of the boards of trustees and the chief executive officers of each constituent unit of the state system of higher education, or their designees; (C) the chairperson of the board and president of the Connecticut Conference of Independent Colleges, or their designees; (D) the director of the Office of Workforce Competitiveness, or the director's designee; (E) the chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to higher education and employment advancement; and (F) the Secretary of the Office of Policy and Management, or the secretary's designee.

(3) The commission shall elect a chairperson at its first meeting. Any vacancies shall be filled by the appointing authority. The term of each appointed member of the commission shall be three years from the date of appointment. The commission members shall serve without compensation except for necessary expenses incurred in the performance of their duties. The commission may seek the advice and participation of any person, organization or state or federal agency it deems necessary to carry out the provisions of this section. The commission may, within available appropriations, retain consultants to assist in carrying out its duties. The commission may receive funds from any public or private sources to carry out its activities.

(b) The commission shall develop a strategic master plan that promotes the following overall goals for higher education in this state: (1) Ensure equal access and opportunity to post-secondary education for all state residents, (2) promote student achievement, including student performance, retention and graduation, (3) promote economic competitiveness in the state, (4) improve access to higher education for minorities and nontraditional students, including, but not limited to, part-time students, incumbent workers, adult learners, former inmates and immigrants, and (5) ensure the state's obligation to provide adequate funding for higher education.

(c) The commission shall:

(1) Examine the impact of demographics and workforce trends on higher education in the state;

(2) Address the challenges related to increasing the number of young people in the state earning a bachelor's degree, increasing the number of young people entering the state's workforce and the disparity in the achievement gap between minority students and the general student population;

(3) Develop and implement a strategic master plan for higher education that identifies specific short-term and long-term goals for the state that reflect the unique missions of each constituent unit of the state system of higher education and each independent institution of higher education in the state and includes benchmarks for achieving those goals by 2010, 2015 and 2020;

(4) Examine funding policies for higher education including coordination of appropriation, tuition and financial aid and seek ways to maximize funding through federal and private grants;

(5) Recommend ways in which each constituent unit of the state system of higher education and independent institution of higher education in the state can, in a manner consistent with such institution's mission, expand such institution's role in advancing the state's economic growth; and

(6) Submit a biennium report prepared by the Department of Higher Education to the Governor and the General Assembly on the progress made toward achieving the benchmarks established in the strategic plan.

(d) In developing the strategic master plan, the commission shall review the plans pursuant to sections 10a-6 and 10a-11 and the report titled "New England 2020: A Forecast of Educational Attainment and its Implications for the Workforce of New England States" prepared by the Nellie Mae Education Foundation. In addition, the commission may consider the following: (1) Establishing incentives for institutional performance and productivity; (2) increasing financial aid incentive programs, especially in workforce shortage areas and for minority students; (3) implementing mandatory college preparatory curricula in high schools and aligning such curricula with curricula in institutions of higher education; (4) seeking partnerships with the business community and public institutions of higher education to serve the needs of workforce retraining that may include bridge programs in which businesses work directly with higher education institutions to move students into identified workforce shortage areas; (5) establishing collaborative partnerships between public high schools and institutions of higher education; (6) implementing programs in high school to assist high school students seeking a college track or alternative pathways for post-secondary [educations] education, such as vocational and technical opportunities; (7) developing policies to promote and measure retention and graduation rates of students; (8) addressing the educational needs of minority students and nontraditional students, including, but not limited to, part-time students, incumbent workers, adult learners, former inmates and immigrants, in order to increase enrollment and retention in institutions of higher education; and (9) addressing the affordability of tuition at institutions of higher education and the issue of increased student indebtedness.

(e) Not later than October 1, 2008, the commission shall submit the strategic master plan, including specific goals and benchmarks for the years ending 2010, 2015 and 2020, together with any recommendations for appropriate legislation and funding to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement, education, commerce, labor and appropriations, in accordance with section 11-4a.

(f) On or before January 1, 2009, and biennially thereafter, until January 1, 2021, the commission shall submit a report, prepared by the Department of Higher Education, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to higher education and employment advancement, education, commerce, labor and appropriations, in accordance with section 11-4a, on the implementation of the plan and progress made toward achieving the goals specified in the plan.

(g) The commission shall terminate on January 1, 2021.

Sec. 3. Section 10a-44a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each publisher of college textbooks shall make available to a prospective purchaser of the publisher's products who is a member of the faculty of an institution of higher education (1) the price at which the publisher would make the products available to the store on the campus of such institution that would offer such products to students, and (2) the history of revisions for such products, if any. For purposes of this section, "products" means all versions of a textbook or set of textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a prospective purchaser is teaching a course, including supplemental items, both when sold together with, or separately from, a textbook.

Sec. 4. Subsection (c) of section 20-37a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) A college or program of natureopathic medicine approved pursuant to section 20-37 may include within its curriculum such didactic and clinical training as is necessary for such college or program to qualify for accreditation by the Council on Natureopathic Medical Education, including such training that is outside the scope of the practice of natureopathy, as defined in section 20-34. Students and licensed faculty members of such college or program may perform all procedures that are part of the curriculum of such college or program, provided such procedures are incidental to the course of study at such college or program and the student conducting such procedures is under the direct supervision of a faculty member who is licensed to perform such procedures in this state.

Sec. 5. Section 10a-91g of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

On January 1, 2014, and January 1, 2019, the system shall, in accordance with the provisions of section 11-4a, submit to the Governor and to the General Assembly, a five-year CSUS 2020 performance review report detailing for each project undertaken to date under the program the progress made and the actual expenditures compared to original estimated costs. Not later than sixty calendar days after receipt of said report, the Governor and the General Assembly shall consider the report and determine whether there has been insufficient progress in implementation of CSUS 2020 or whether there [has] have been significant cost increases over original estimates as a result of actions taken by the system. If so, the Governor or the General Assembly may make recommendations for appropriate action to the system and for action by the General Assembly.

Sec. 6. Section 10a-203 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Said corporation shall be governed and all of its corporate powers exercised by a board of directors which shall consist of fifteen members, as follows: The chairperson of the Board of Governors of Higher Education and the Commissioner of Higher Education; seven public members appointed by the Governor, at least one of whom shall represent the private colleges, and commencing with the next regular appointments made on and after July 1, 1984, at least one of whom shall be a financial aid officer at an eligible institution and at least one of whom shall be a person having a favorable reputation for skill, knowledge and experience in management of a private company or lending institution at least as large as the corporation and all of whom shall be electors of this state; one public member appointed by the board of directors, who shall have, through education or experience, an understanding of relevant accounting principles and practices, financial statements and audit committee functions and knowledge of internal controls, who shall be an elector of this state; two members from the House of Representatives, one appointed by the speaker of the House of Representatives and one appointed by the minority leader of the House of Representatives; two members from the Senate, one appointed by the president pro tempore of the Senate and one appointed by the minority leader of the Senate; and the State Treasurer or, if so designated by the State Treasurer, the Deputy State Treasurer appointed pursuant to section 3-12. Those members who are appointed by the Governor and by the board of directors shall serve for terms of four years each from July first in the year of their appointment and until their successors have been appointed. Those members who are appointed by the speaker of the House of Representatives, the minority leader of the House of Representatives, the president pro tempore of the Senate and the minority leader of the Senate shall be appointed for terms of two years from January fifteenth in the year of their appointment. The term of each appointed member of the board shall be coterminous with the term of the appointing authority or until a successor is chosen, whichever is later. The board of directors shall elect, from its own members each year, a chairperson and a vice-chairperson who shall serve for terms of one year and who shall be eligible for reelection for successive terms. Vacancies shall be filled for the unexpired term in the same manner as original appointments. Directors shall receive no compensation for their services but shall be reimbursed for [their] expenses actually and necessarily incurred by them in the performance of their duties under this chapter. Any member may designate in writing to the chairperson of the board of directors a representative to act in the place of such member at a meeting or meetings, with all rights and obligations at such meeting as the member represented would have had at the meeting.

(b) The board of directors shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the bylaws of the corporation, the act of a majority of the directors present at any meeting shall be deemed the act of the board. Any appointed member who fails to attend three consecutive meetings or who fails to attend more than fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office.

(c) The board of directors shall adopt bylaws for the corporation and may appoint such officers and employees as it deems advisable and may fix their compensation and prescribe their duties.

(d) The board of directors may elect an executive committee of not less than five members who, in intervals between meetings of the board, may transact such business of the corporation as the board may from time to time authorize. Unless otherwise provided by the bylaws of the corporation, a majority of the whole of such committee attending shall constitute a quorum for the transaction of any business and the act of a majority of the members of the executive committee present at any meeting thereof shall be the act of such committee. No public member of the board shall serve more than three consecutive full terms which commence on or after July 1, 1984.

Sec. 7. Subsection (d) of section 10a-230 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Any resolution or resolutions authorizing any revenue bonds or any issue of revenue bonds may contain provisions, which shall be a part of the contract with the holders of the revenue bonds to be authorized, as to: (1) Pledging all or any part of the revenues, funds or other assets of the authority, including, but not limited to, the authority loans and education loans to secure such bonds or notes; (2) pledging all or any part of the revenues paid to the authority by any guarantor or insurance company; (3) pledging any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation or association or other body, public or private, or any federally guaranteed security and moneys received or receivable therefrom whether such security is acquired by the authority or a participating institution for higher education to secure the payment of the revenue bonds or notes or of any particular issue of revenue bonds or notes, subject to such agreements with bondholders or noteholders as may then exist; (4) the fees and other amounts to be charged, and the sums to be raised in each year thereby, and the use, investment and disposition of such sums; (5) the establishment and setting aside of reserves or sinking funds, the setting aside of loan funding deposits, capitalized interest accounts, and cost of issuance accounts, and the regulation and disposition thereof; (6) limitations on the use of the education loans; (7) limitations on the purpose to which the proceeds of the sale of any issue of revenue bonds or notes then or thereafter to be issued may be applied, including as authorized purposes, all costs and expenses necessary or incidental to the issuance of bonds, to the acquisition of or commitment to acquire any federally guaranteed security and pledging such proceeds to secure the payment of the revenue bonds, notes or any issue of the revenue bonds or notes; (8) limitations on the issuance of additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured and the terms on which additional bonds or notes rank on a parity with, or [be] are subordinate or superior to, other bonds or notes; (9) the refunding of outstanding bonds or notes; (10) the procedure, if any, by which the terms of any contract with bondholders or noteholders may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which such consent may be given; (11) limitations on the amount of moneys derived from the educational program to be expended for operating, administrative or other expenses of the authority; (12) defining the acts or omissions to act which shall constitute a default in the duties of the authority to holders of its obligations and providing the rights and remedies of such holders in the event of default; (13) the duties, obligations and liabilities of any trustee or paying agent; (14) providing for guarantees, pledges of endowments, letters of credit, property or other security for the benefit of the holders of such bonds or notes; and (15) any other matters relating to the bonds or notes which the authority deems desirable.

Sec. 8. Section 10a-154a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

Any record maintained or kept on file by a board of trustees of a constituent unit of the state system of higher education which is a record of the performance and evaluation of a faculty or professional staff member of such constituent unit shall not be deemed to be a public record and shall not be subject to disclosure under the provisions of section 1-210 of the 2008 supplement to the general statutes, unless such faculty or professional staff member consents in writing to the release of his records by the board of trustees of the constituent unit, and any meeting held by such board or committee to discuss the performance or evaluation of any such member shall not be deemed to be a meeting pursuant to subdivision (2) of section 1-200. Such consent shall be required for each request for a release of such records. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

10a-2

Sec. 2

from passage

10a-11b

Sec. 3

from passage

10a-44a

Sec. 4

from passage

20-37a(c)

Sec. 5

from passage

10a-91g

Sec. 6

from passage

10a-203

Sec. 7

from passage

10a-230(d)

Sec. 8

July 1, 2008

10a-154a

Senator Hartley of the 15th offered Senate Amendment Schedule “B” (LCO 5060) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

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

"Sec. 501. Section 10a-22b of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) No person, board, association, partnership, corporation, limited liability company or other entity shall offer instruction in any form or manner in any trade or in any industrial, commercial, service, professional or other occupation unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the commissioner a certificate authorizing the occupational instruction to be offered.

(b) Except for initial authorizations, the commissioner shall accept institutional accreditation by an accrediting agency recognized by the United States Department of Education, in satisfaction of the requirements of this section and section 10a-22d, including the evaluation and attendance requirement, unless the commissioner finds reasonable cause not to rely upon such accreditation.

(c) Each person, board, association, partnership, corporation, limited liability company or other entity which seeks to offer occupational instruction shall submit to the commissioner, or the commissioner's designee, in such manner as the commissioner, or the commissioner's designee, prescribes, an application for a certificate of authorization which includes, but need not be limited to, (1) the proposed name of the school; (2) ownership and organization of the school including the names and addresses of all principals, officers, members and directors; (3) names and addresses of all stockholders of the school, except for applicants which are listed on a national securities exchange; (4) addresses of any building or premises on which the school will be located; (5) description of the occupational instruction to be offered; (6) the proposed student enrollment agreement, which includes for each program of occupational instruction offered a description, in plain language, of any requirements for employment in such occupation or barriers to such employment pursuant to state law or regulations; (7) the proposed school catalog, which includes for each program of occupational instruction offered a description of any requirements for employment in such occupation or barriers to such employment pursuant to state law or regulations; (8) financial statements detailing the financial condition of the school prepared by management and reviewed or audited by an independent licensed certified public accountant or independent licensed public accountant; and (9) an agent for service of process. Submitted with an application for initial authorization shall be a nonrefundable application fee in the amount of two thousand dollars made payable to the private occupational school student protection account.

(d) Upon receipt of a complete application pursuant to subsection (c) of this section, the commissioner shall cause to be conducted an evaluation of the applicant school. Thereafter, the commissioner shall advise the applicant of authorization or nonauthorization not later than one hundred twenty days following the completed appointment of an evaluation team pursuant to subsection (e) of this section. The commissioner may consult with the Labor Department and may request the advice of any other state agency which may be of assistance in making a determination. In the event of nonauthorization by the commissioner, he shall set forth the reasons therefor in writing and the applicant school may request in writing of the Board of Governors a hearing pursuant to chapter 54.

(e) For purposes of an evaluation of an applicant school, the commissioner, or the commissioner's designee, shall appoint an evaluation team which shall include (1) at least two members representing the Board of Governors, and (2) at least one member for each of the areas of occupational instruction for which authorization is sought who shall be experienced in such occupation. The applicant school shall have the right to challenge any proposed member of the evaluation team for good cause shown. A written challenge shall be filed with the commissioner within ten business days following the appointment of such evaluation team. In the event of a challenge, a decision shall be made thereon by the Commissioner of Higher Education within ten business days from the date such challenge is filed, and if the challenge is upheld the Commissioner of Higher Education shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The commissioner, or the commissioner's designee, shall not appoint any person to an evaluation team unless the commissioner, or such designee, has received from such person a statement that the person has no interest which is in conflict with the proper discharge of the duties of evaluation team members as described in this section. The statement shall be on a form prescribed by the commissioner and shall be signed under penalty of false statement. Members of the evaluation team shall serve without compensation. Except for any member of the evaluation team who is a state employee, members shall be reimbursed for actual expenses, which expenses shall be charged to and paid by the applicant school.

(f) The evaluation team appointed pursuant to subsection (e) of this section shall: (1) Conduct an on-site inspection; (2) submit a written report outlining any evidence of noncompliance; (3) give the school sixty days from the date of the report to provide evidence of compliance; and (4) submit to the commissioner a written report recommending authorization or nonauthorization not later than one hundred twenty days after the on-site inspection. The evaluation team shall determine whether (A) the quality and content of each course or program of instruction, including, but not limited to, residential, on-line, home study and correspondence, training or study shall reasonably and adequately achieve the stated objective for which such course or program is offered; (B) the school has adequate space, equipment, instructional materials and personnel for the instruction offered; (C) the qualifications of directors, administrators, supervisors and instructors shall reasonably and adequately assure that students receive education consistent with the stated objectives for which a course or program is offered; (D) students and other interested persons shall be provided with a catalog or similar publication describing the courses and programs offered, course and program objectives, length of courses and programs, schedule of tuition, fees and all other charges and expenses necessary for completion of the course or program, and termination, withdrawal and refund policies; (E) upon satisfactory completion of the course or program, each student shall be provided appropriate educational credentials by the school; (F) adequate records shall be maintained by the school to show attendance and grades, or other indicators of student progress, and standards shall be enforced relating to attendance and student performance; (G) the applicant school shall be financially sound and capable of fulfilling its commitments to students; and (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.

(g) Any hospital offering instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or promise, except to hospital employees, members of the medical staff and training for contracted workers, shall obtain a certificate of authorization from the Commissioner of Higher Education for the occupational instruction offered. Each hospital-based occupational school submitting an application for initial authorization shall pay an application fee of two hundred dollars made payable to the private occupational school student protection account. The commissioner shall develop a process for prioritizing the authorization of hospital-based occupational schools based on size and scope of occupational instruction offered. Such schools shall be in compliance with this section when required pursuant to the commissioner's process, or by 2012, whichever is earlier.

Sec. 502. (NEW) (Effective July 1, 2008) Notwithstanding the provisions of section 10a-22d of the general statutes, the authorization period for each hospital-based occupational school described in subsection (g) of section 10a-22b of the general statutes, as amended by this act, shall be three years. Each hospital-based occupational school shall pay a fee of two hundred dollars for renewal of its certificate of authorization Such fee shall be payable to the private occupational school student protection account. Each hospital-based occupational school shall pay one-half of one per cent of its net tuition revenue received by such school per calendar quarter into the private occupational school student protection account, in accordance with section 10a-22u of the general statutes. "

On motion of Senator Looney of the 11th, the bill as amended by Senate Amendment Schedule “A” (LCO 5568) and Senate Amendment Schedule “B” (LCO 5060) was referred to the Committee on Government Administration and Elections.

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

NO NEW FILE

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

TRANSPORTATION. Substitute for S. B. No. 201 (RAISED) (File Nos. 53 and 636) AN ACT ESTABLISHING A DEMONSTRATION PROJECT FOR AN OFFICE OF ADMINISTRATIVE HEARINGS.

BANKS. Substitute for S. B. No. 208 (COMM) (File No. 534) AN ACT PROHIBITING PENALTIES FOR PREPAYMENT OF CERTAIN MORTGAGE LOANS AND AUTHORIZING BONDS OF THE STATE FOR THE EMERGENCY MORTGAGE ASSISTANCE PAYMENT PROGRAM.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 344 (RAISED) (File No. 594) AN ACT CONCERNING FAMILY PROSPERITY AND THE RECOMMENDATIONS OF THE CHILD POVERTY AND PREVENTION COUNCIL.

GENERAL LAW. Substitute for S. B. No. 571 (RAISED) (File No. 272) AN ACT CONCERNING ENERGY AUDITS.

TRANSPORTATION. Substitute for S. B. No. 581 (RAISED) (File No. 275) AN ACT CONCERNING THE ENFORCEMENT AUTHORITY OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND MOTOR BUS IDLING.

BANKS. H. B. No. 5114 (RAISED) (File Nos. 32 and 730) AN ACT CONCERNING PAYMENT OF WAGES TO EMPLOYEES BY PAY CARD. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the report of the Committees accepted and the bill placed on the Consent Calendar.

JUDICIARY. S. B. No. 694 (RAISED) (File No. 522) AN ACT CONCERNING ERASURE OF CRIMINAL RECORDS.

Senator McDonald of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 5336) and moved adoption.

Remarking were Senators Kissel of the 7th and Looney of the 11th.

On a voice vote the amendment was adopted.

The following is the Amendment.

Change the effective date of section 1 to "Effective October 1, 2009"

Strike lines 106 to 114, inclusive, in their entirety and substitute the following in lieu thereof:

"(g) The provisions of this section shall not apply to any police or court records or the records of any state's attorney or prosecuting attorney with respect to any information or indictment containing more than one count (1) while the criminal case is pending, or (2) when the criminal case is disposed of unless and until all counts are entitled to erasure in accordance with the provisions of this section, except that when the criminal case is disposed of, electronic records or portions of electronic records released to the public that reference a charge that would otherwise be entitled to erasure under this section shall be erased in accordance with the provisions of this section. Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5c. For the purposes of this subsection, "electronic record" means any police or court record or the record of any state's attorney or prosecuting attorney that is an electronic record, as defined in section 1-267, or a computer printout. "

On motion of Senator McDonald of the 27th, the bill as amended by Senate Amendment Schedule “A” (LCO 5336) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEES

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEES

BILL PLACED ON CONSENT CALENDAR NO. 1

The following bill was taken from the table, read the third time, the report of the Committees accepted and the bill placed on the Consent Calendar.

JUDICIARY. S. B. No. 285 (RAISED) (File No. 71) AN ACT CONCERNING THE DEPARTMENT OF TRANSPORTATION.

Senator DeFronzo of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 5243) and moved adoption.

SENATOR GAFFEY OF THE 13TH IN THE CHAIR

Remarking was Senator Nickerson of the 36th.

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. (NEW) (Effective October 1, 2008) (a) As used in this section and section 2 of this act: (1) "Highway work zone" means an area of a state highway where construction, maintenance or utility work is being performed. Such work zone shall be marked by signs, channeling devices, barriers, pavement markings or work vehicles, and extends from the first warning sign or high-intensity rotating, flashing, oscillating or strobe lights on a vehicle to the "END ROAD WORK" sign or the last temporary traffic control device; and (2) "highway worker" means a person who is required to perform the duties of such person's job on state bridges, state roads or in highway work zones, including: (A) A person who performs maintenance, repair or construction of state bridges, state roads, shoulders, medians and associated rights-of-way in highway work zones; (B) a person who operates a truck, loader or other equipment on state bridges, state roads or in highway work zones; (C) a person who performs any other related maintenance work, as required, on state bridges, state roads or in highway work zones; (D) a state or local public safety officer who enforces work zone-related transportation management and traffic control; (E) a state or local public safety officer who conducts traffic control or enforcement operations on state bridges, state roads, shoulders, medians and associated rights-of-way; and (F) a state or local public safety officer or firefighter, an emergency medical services provider, or any other authorized person, who removes hazards from state bridges, state roadways, shoulders, medians and associated rights-of-way, or who responds to accidents and other incidents on state bridges, state roads, shoulders, medians, associated rights-of-way or in highway work zones.

(b) A person shall be deemed to commit the offense of "endangerment of a highway worker" if such person is operating a motor vehicle within a highway work zone, as defined in subsection (a) of this section, and commits any of the following: (1) Exceeding the posted speed limit by fifteen miles per hour or more; (2) failure to obey traffic control devices erected for purposes of controlling the flow of motor vehicles through such zone for any reason other than: (A) An emergency, (B) the avoidance of an obstacle, or (C) the protection of the health and safety of another person; (3) driving through or around such zone in any lane not clearly designated for use by motor vehicles traveling through or around such zone; or (4) physically assaulting, attempting to assault, or threatening to assault a highway worker with a motor vehicle or other instrument.

(c) No person shall be cited or convicted for endangerment of a highway worker unless the act or omission constituting the offense occurs when one or more highway workers are in the highway work zone and in proximity to the area where such act or omission occurs.

(d) Upon conviction or a plea of guilty for committing the offense of "endangerment of a highway worker", as defined in subsection (b) of this section, a person shall be subject to a fine of not more than five hundred dollars if no physical injury, as defined in section 53a-3 of the general statutes, occurs and shall be subject to a fine of not more than one thousand dollars if any such physical injury occurs, in addition to any other penalty authorized by law.

(e) A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense set forth in subsection (b) of this section while such person is operating a motor vehicle within a highway work zone, as defined in subsection (a) of this section, and which results in the serious physical injury, as defined in section 53a-3 of the general statutes, or death of a highway worker.

(f) Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, a person shall be subject to a fine of (1) not more than five thousand dollars if such offense results in serious physical injury to a highway worker, or (2) ten thousand dollars if such offense results in the death of a highway worker, in addition to any other penalty authorized by law.

(g) No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under this section if such act or omission results, in whole or in part, from mechanical failure of such person's motor vehicle or from the negligence of a highway worker or other person.

Sec. 2. (NEW) (Effective October 1, 2008) (a) There is established a Highway Work Zone Safety Advisory Council to make ongoing recommendations to improve safety for workers, public safety officers and motor vehicle operators in a "highway work zone", as defined in section 1 of this act. The ongoing areas of study and review by the council shall include: (1) Evaluation of current work design and safety protocols; (2) survey of effective highway work zone design and safety protocols in other states; (3) implementation of technology to improve highway work zone safety; (4) use of public safety officers to improve highway work zone safety; (5) availability of federal funding for highway work zone training and enforcement; and (6) other issues the council deems appropriate for improving highway work zone safety.

(b) The council shall be comprised of the following members: The Commissioners of Transportation, Public Safety and Motor Vehicles, or their designees; the president of the Connecticut Employees Union Independent, or such person's designee; the president of the Connecticut State Police Union, or such person's designee; and a representative of the Connecticut Construction Industries Association, designated by the president of said association. Appointees should be persons with knowledge and experience concerning highway work zones. Appointments to the council shall be made not later than November 1, 2008. The chairperson of the council shall be appointed by the Governor and shall convene the first meeting of the council not later than December 1, 2008.

(c) The council shall meet quarterly, or more often as needed, and report its recommendations to the Commissioner of Transportation and the joint standing committee of the General Assembly having cognizance of matters relating to transportation on or before January fifteenth of each year. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2008

New section

Sec. 2

October 1, 2008

New section

On motion of Senator DeFronzo of the 6th, the bill as amended by Senate Amendment Schedule “A” (LCO 5243) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 281 (RAISED) (File No. 159) AN ACT CONCERNING CAPTIVE INSURANCE COMPANIES.

Senator Crisco of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 5077) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

In line 179, strike "two" and insert "eight" in lieu thereof

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

"Sec. 501. (NEW) Subsection (b) of section 38a-226a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) The annual license fee shall be two thousand five hundred dollars and shall be dedicated [exclusively] to the regulation of utilization review, except that the commissioner shall be authorized to use such funds as is necessary to implement the provisions of sections 1 to 17, inclusive, of this act. "

Senator Crisco of the 17th offered Senate Amendment Schedule “B” (LCO 5237) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike lines 102 to 109, inclusive, in their entirety

In line 110, strike "(8)" and insert "(7)" in lieu thereof

Strike lines 582 and 583 in their entirety and insert the following in lieu thereof: "company may assume reinsurance from any other insurer only on risks that such company is authorized to write directly. "

Strike lines 588 to 600, inclusive, in their entirety

In line 601, strike "(d)" and insert "(c)" in lieu thereof

Strike lines 629 to 644, inclusive, in their entirety and reletter the remaining subsections and internal references accordingly

Remarking was Senator LeBeau of the 3rd.

On motion of Senator Crisco of the 17th, the bill as amended by Senate Amendment Schedule “A” (LCO 5077) and Senate Amendment Schedule “B” (LCO 5237) was placed on the Consent Calendar.

PRESIDENT IN THE CHAIR

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 298 (RAISED) (File No. 161) AN ACT CONCERNING THE PENALTY FOR FAILURE TO REMOVE SNOW AND ICE FROM MOTOR VEHICLES.

Senator DeFronzo of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 5507) and moved adoption.

Remarking were Senators Nickerson of the 36th, Kissel of the 7th, Fasano of the 34th and Colapietro of the 31st.

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. Section 14-1 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly:

(1) "Activity vehicle" means a student transportation vehicle that is used to transport students in connection with school-sponsored events and activities, but is not used to transport students to and from school;

(2) "Agricultural tractor" means a tractor or other form of nonmuscular motive power used for transporting, hauling, plowing, cultivating, planting, harvesting, reaping or other agricultural purposes on any farm or other private property, or used for the purpose of transporting, from one farm to another, agricultural implements and farm products, provided the agricultural tractor is not used on any highway for transporting a pay load or for some other commercial purpose;

(3) "Antique, rare or special interest motor vehicle" means a motor vehicle twenty years old or older which is being preserved because of historic interest and which is not altered or modified from the original manufacturer's specifications;

(4) "Apparent candle power" means an illumination equal to the normal illumination in foot candles produced by any lamp or lamps, divided by the square of the distance in feet between the lamp or lamps and the point at which the measurement is made;

(5) "Authorized emergency vehicle" means (A) a fire department vehicle, (B) a police vehicle, or (C) a public service company or municipal department ambulance or emergency vehicle designated or authorized for use as an authorized emergency vehicle by the commissioner;

(6) "Auxiliary driving lamp" means an additional lighting device on a motor vehicle used primarily to supplement the general illumination in front of a motor vehicle provided by the motor vehicle's head lamps;

(7) "Bulb" means a light source consisting of a glass bulb containing a filament or substance capable of being electrically maintained at incandescence;

(8) "Camp trailer" includes any trailer designed for living or sleeping purposes and used exclusively for camping or recreational purposes;

(9) "Camp trailer registration" means the type of registration issued to any trailer that is for nonbusiness use and is limited to camp trailers and utility trailers;

(10) "Camp vehicle" means any motor vehicle that is regularly used to transport persons under eighteen years of age in connection with the activities of any youth camp, as defined in section 19a-420 of the 2008 supplement to the general statutes;

[(9)] (11) "Camper" means any motor vehicle designed or permanently altered in such a way as to provide temporary living quarters for travel, camping or recreational purposes;

[(10)] (12) "Combination registration" means the type of registration issued to a motor vehicle used for both private passenger and commercial purposes if such vehicle does not have a gross vehicle weight rating in excess of twelve thousand five hundred pounds;

[(11)] (13) "Commercial driver's license" or "CDL" means a license issued to an individual in accordance with the provisions of sections 14-44a to 14-44m, inclusive, which authorizes such individual to drive a commercial motor vehicle;

[(12)] (14) "Commercial driver's license information system" or "CDLIS" means the national database of holders of commercial driver's licenses established by the Federal Motor Carrier Safety Administration pursuant to Section 12007 of the Commercial Motor Vehicle Safety Act of 1986;

[(13)] (15) "Commercial motor vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used for farming purposes in accordance with 49 CFR 383. 3(d), fire fighting apparatus or an emergency vehicle, as defined in section 14-283, or a recreational vehicle in private use, which (A) has a gross vehicle weight rating of twenty-six thousand and one pounds or more, or a gross combination weight rating of twenty-six thousand and one pounds or more, inclusive of a towed unit or units with a gross vehicle weight rating of more than ten thousand pounds; (B) is designed to transport sixteen or more passengers, including the driver, or is designed to transport more than ten passengers, including the driver, and is used to transport students under the age of twenty-one years to and from school; or (C) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR 172, Subpart F, as amended, or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73;

[(14)] (16) "Commercial registration" means the type of registration required for any motor vehicle designed or used to transport merchandise, freight or persons in connection with any business enterprise, unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

[(15)] (17) "Commercial trailer" means a trailer used in the conduct of a business to transport freight, materials or equipment whether or not permanently affixed to the bed of the trailer;

(18) "Commercial trailer registration" means the type of registration issued to any commercial trailer;

[(16)] (19) "Commissioner" includes the Commissioner of Motor Vehicles and any assistant to the Commissioner of Motor Vehicles who is designated and authorized by, and who is acting for, the Commissioner of Motor Vehicles under a designation; except that the deputy commissioners of motor vehicles and the Attorney General are deemed, unless the Commissioner of Motor Vehicles otherwise provides, to be designated and authorized by, and acting for, the Commissioner of Motor Vehicles under a designation;

[(17)] (20) "Controlled substance" has the same meaning as in section 21a-240 and the federal laws and regulations incorporated in chapter 420b;

[(18)] (21) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;

[(19)] (22) "Dealer" includes any person actively engaged in buying, selling or exchanging motor vehicles or trailers who has an established place of business in this state and who may, incidental to such business, repair motor vehicles or trailers, or cause them to be repaired by persons in his or her employ;

[(20)] (23) "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle, which occurs as a result of (A) any suspension, revocation, or cancellation by the commissioner of the privilege to operate a motor vehicle; (B) a determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in 49 CFR 386, as amended, that a person is no longer qualified to operate a commercial motor vehicle under the standards of 49 CFR 391, as amended; or (C) the loss of qualification which follows any of the convictions or administrative actions specified in section 14-44k of the 2008 supplement to the general statutes;

[(21)] (24) "Drive" means to drive, operate or be in physical control of a motor vehicle, including a motor vehicle being towed by another;

[(22)] (25) "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license;

[(23)] (26) "Driver's license" or "operator's license" means a valid Connecticut motor vehicle operator's license or a license issued by another state or foreign jurisdiction authorizing the holder thereof to operate a motor vehicle on the highways;

[(24)] (27) "Employee" means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer;

[(25)] (28) "Employer" means any person, including the United States, a state or any political subdivision thereof, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

[(26)] (29) "Farm implement" means a vehicle designed and adapted exclusively for agricultural, horticultural or livestock-raising operations and which is not operated on a highway for transporting a pay load or for any other commercial purpose;

[(27)] (30) "Felony" means any offense as defined in section 53a-25 and includes any offense designated as a felony under federal law;

[(28)] (31) "Fatality" means the death of a person as a result of a motor vehicle accident;

[(29)] (32) "Foreign jurisdiction" means any jurisdiction other than a state of the United States;

[(30)] (33) "Fuels" means (A) all products commonly or commercially known or sold as gasoline, including casinghead and absorption or natural gasoline, regardless of their classification or uses, (B) any liquid prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene and similar petroleum products by "American Society for Testing Materials Method D-86", shows not less than ten per cent distilled (recovered) below 347 Fahrenheit (175 Centigrade) and not less than ninety-five per cent distilled (recovered) below 464 Fahrenheit (240 Centigrade); provided the term "fuels" shall not include commercial solvents or naphthas which distill, by "American Society for Testing Materials Method D-86", not more than nine per cent at 176 Fahrenheit and which have a distillation range of 150 Fahrenheit, or less, or liquefied gases which would not exist as liquids at a temperature of 60 Fahrenheit and a pressure of 14. 7 pounds per square inch absolute, and (C) any liquid commonly referred to as "gasohol" which is prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, consisting of a blend of gasoline and a minimum of ten per cent by volume of ethyl or methyl alcohol;

[(31)] (34) "Garage" includes every place of business where motor vehicles are, for compensation, received for housing, storage or repair;

[(32)] (35) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. The GVWR of a combination (articulated) vehicle commonly referred to as the "gross combination weight rating" or GCWR is the GVWR of the power unit plus the GVWR of the towed unit or units;

[(33)] (36) "Gross weight" means the light weight of a vehicle plus the weight of any load on the vehicle, provided, in the case of a tractor-trailer unit, "gross weight" means the light weight of the tractor plus the light weight of the trailer or semitrailer plus the weight of the load on the vehicle;

[(34)] (37) "Hazardous materials" has the same meaning as in 49 CFR 383. 5;

[(35)] (38) "Head lamp" means a lighting device affixed to the front of a motor vehicle projecting a high intensity beam which lights the road in front of the vehicle so that it can proceed safely during the hours of darkness;

[(36)] (39) "High-mileage vehicle" means a motor vehicle having the following characteristics: (A) Not less than three wheels in contact with the ground; (B) a completely enclosed seat on which the driver sits; (C) a single or two cylinder, gasoline or diesel engine or an electric-powered engine; and (D) efficient fuel consumption;

[(37)] (40) "Highway" includes any state or other public highway, road, street, avenue, alley, driveway, parkway or place, under the control of the state or any political subdivision of the state, dedicated, appropriated or opened to public travel or other use;

[(38)] (41) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment;

[(39)] (42) "Intersecting highway" includes any public highway which joins another at an angle whether or not it crosses the other;

[(40)] (43) "Light weight" means the weight of an unloaded motor vehicle as ordinarily equipped and ready for use, exclusive of the weight of the operator of the motor vehicle;

[(41)] (44) "Limited access highway" means a state highway so designated under the provisions of section 13b-27;

[(42)] (45) "Local authorities" includes the board of aldermen, common council, chief of police, warden and burgesses, board of selectmen or other officials having authority for the enactment or enforcement of traffic regulations within their respective towns, cities or boroughs;

[(43)] (46) "Maintenance vehicle" means any vehicle in use by the state or by any town, city, borough or district, any state bridge or parkway authority or any public service company, as defined in section 16-1 of the 2008 supplement to the general statutes, in the maintenance of public highways or bridges and facilities located within the limits of public highways or bridges;

[(44)] (47) "Manufacturer" means (A) a person, whether a resident or nonresident, engaged in the business of constructing or assembling new motor vehicles of a type required to be registered by the commissioner, for operation upon any highway, except a utility trailer, which are offered for sale in this state, or (B) a person who distributes new motor vehicles to new car dealers licensed in this state;

[(45)] (48) "Median divider" means an intervening space or physical barrier or clearly indicated dividing section separating traffic lanes provided for vehicles proceeding in opposite directions;

[(46)] (49) "Modified antique motor vehicle" means a motor vehicle twenty years old or older which has been modified for safe road use, including, but not limited to, modifications to the drive train, suspension, braking system and safety or comfort apparatus;

[(47)] (50) "Motor bus" includes any motor vehicle, except a taxicab, as defined in section 13b-95, operated in whole or in part on any street or highway in a manner affording a means of transportation by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of a regular route or between fixed termini;

[(48)] (51) "Motor home" means a vehicular unit designed to provide living quarters and necessary amenities which are built into an integral part of, or permanently attached to, a truck or van chassis;

[(49) "Motorcycle" means a motor vehicle, with or without a side car, having not more than three wheels in contact with the ground and a saddle or seat on which the rider sits or a platform on which the rider stands and includes bicycles having a motor attached, except bicycles propelled by means of a helper motor as defined in section 14-286, but does not include a vehicle having or designed to have a completely enclosed driver's seat and a motor which is not in the enclosed area; ]

(52) "Motor-driven cycle" means any motorcycle, motor scooter, or bicycle with attached motor with a seat height of not less than twenty-six inches and a motor that produces five brake horsepower or less;

[(50)] (53) "Motor vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by physically handicapped persons at speeds not exceeding fifteen miles per hour, golf carts operated on highways solely for the purpose of crossing from one part of the golf course to another, golf-cart-type vehicles operated on roads or highways on the grounds of state institutions by state employees, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, bicycles with helper motors as defined in section 14-286, as amended by this act, special mobile equipment as defined in subsection (i) of section 14-165, as amended by this act, mini-motorcycles, as defined in section 14-289j of the 2008 supplement to the general statutes, and any other vehicle not suitable for operation on a highway;

(54) "Motorcycle" means a motor vehicle, with or without a side car, having not more than three wheels in contact with the ground and a saddle or seat on which the rider sits or a platform on which the rider stands, but does not include a motor-driven cycle, as defined in this section, or a vehicle having or designed to have a completely enclosed driver's seat and a motor which is not in the enclosed area;

[(51)] (55) "National Driver Registry" or "NDR" means the licensing information system and database operated by the National Highway Traffic Safety Administration and established pursuant to the National Driver Registry Act of 1982, as amended;

[(52)] (56) "New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor or dealer to an ultimate consumer;

[(53)] (57) "Nonresident" means any person whose legal residence is in a state other than Connecticut or in a foreign country;

[(54)] (58) "Nonresident commercial driver's license" or "nonresident CDL" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction;

[(55)] (59) "Nonskid device" means any device applied to the tires, wheels, axles or frame of a motor vehicle for the purpose of increasing the traction of the motor vehicle;

[(56)] (60) "Number plate" means any sign or marker furnished by the commissioner on which is displayed the registration number assigned to a motor vehicle by the commissioner;

[(57)] (61) "Officer" includes any constable, state marshal, inspector of motor vehicles, state policeman or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays the officer's badge of office in a conspicuous place when making an arrest;

[(58)] (62) "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver as defined in subdivision [(22)] (25) of this section;

[(59)] (63) "Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle or any other vehicle subject to the federal motor carrier safety regulations enforced by the commissioner pursuant to the commissioner's authority under section 14-8;

[(60)] (64) "Owner" means any person holding title to a motor vehicle, or having the legal right to register the same, including purchasers under conditional bills of sale;

[(61)] (65) "Parked vehicle" means a motor vehicle in a stationary position within the limits of a public highway;

[(62)] (66) "Passenger and commercial motor vehicle" means a motor vehicle used for private passenger and commercial purposes which is eligible for combination registration;

[(63)] (67) "Passenger motor vehicle" means a motor vehicle used for the private transportation of persons and their personal belongings, designed to carry occupants in comfort and safety, with a capacity of carrying not more than ten passengers including the operator thereof;

[(64)] (68) "Passenger registration" means the type of registration issued to a passenger motor vehicle unless a more specific type of registration is authorized and issued by the commissioner for such class of vehicle;

[(65)] (69) "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm, business trust or other aggregation of individuals but does not include the state or any political subdivision thereof, unless the context clearly states or requires;

[(66)] (70) "Pick-up truck" means a motor vehicle with an enclosed forward passenger compartment and an open rearward compartment used for the transportation of property;

[(67)] (71) "Pneumatic tires" means tires inflated or inflatable with air;

[(68)] (72) "Pole trailer" means a trailer which is (A) intended for transporting long or irregularly shaped loads such as poles, logs, pipes or structural members, which loads are capable of sustaining themselves as beams between supporting connections, and (B) designed to be drawn by a motor vehicle and attached or secured directly to the motor vehicle by any means including a reach, pole or boom;

[(69)] (73) "Recreational vehicle" includes the camper, camp trailer and motor home classes of vehicles;

[(70)] (74) "Registration" includes the certificate of motor vehicle registration and the number plate or plates used in connection with such registration;

[(71)] (75) "Registration number" means the identifying number or letters, or both, assigned by the commissioner to a motor vehicle;

[(72)] (76) "Resident", for the purpose of registering motor vehicles, includes any person [having a place of residence in] who is a legal resident of this state, [occupied by] as the commissioner may presume from the fact that such person occupies a place of dwelling in this state for more than six months in a year, or any person, firm or corporation owning or leasing a motor vehicle used or operated in intrastate business in this state, or a firm or corporation having its principal office or place of business in this state;

[(73)] (77) "School bus" means any school bus, as defined in section 14-275 of the 2008 supplement to the general statutes, including a commercial motor vehicle used to transport preschool, elementary school or secondary school students from home to school, from school to home, or to and from school-sponsored events, but does not include a bus used as a common carrier;

[(74)] (78) "Second" violation or "subsequent" violation means an offense committed not more than three years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision, except in the case of a violation of section 14-215 of the 2008 supplement to the general statutes or 14-224 or subsection (a) of section 14-227a, "second" violation or "subsequent" violation means an offense committed not more than ten years after the date of an arrest which resulted in a previous conviction for a violation of the same statutory provision;

[(75)] (79) "Semitrailer" means any trailer type vehicle designed and used in conjunction with a motor vehicle so that some part of its own weight and load rests on or is carried by another vehicle;

[(76)] (80) "Serious traffic violation" means a conviction of any of the following offenses: (A) Speeding in excess of fifteen miles per hour or more over the posted speed limit, in violation of section 14-218a or 14-219; (B) reckless driving in violation of section 14-222; (C) following too closely in violation of section 14-240 or 14-240a; (D) improper or erratic lane changes, in violation of section 14-236; (E) driving a commercial motor vehicle without a valid commercial driver's license in violation of section 14-36a of the 2008 supplement to the general statutes, as amended by this act, or 14-44a; (F) failure to carry a commercial driver's license in violation of section 14-44a; (G) failure to have the proper class of license or endorsement, or violation of a license restriction in violation of section 14-44a; or (H) arising in connection with an accident related to the operation of a commercial motor vehicle and which resulted in a fatality;

[(77)] (81) "Service bus" includes any vehicle except a vanpool vehicle or a school bus designed and regularly used to carry ten or more passengers when used in private service for the transportation of persons without charge to the individual;

[(78)] (82) "Service car" means any motor vehicle used by a manufacturer, dealer or repairer for emergency motor vehicle repairs on the highways of this state, for towing or for the transportation of necessary persons, tools and materials to and from the scene of such emergency repairs or towing;

[(79)] (83) "Shoulder" means that portion of a highway immediately adjacent and contiguous to the travel lanes or main traveled portion of the roadway;

[(80)] (84) "Solid tires" means tires of rubber, or other elastic material approved by the Commissioner of Transportation, which do not depend on confined air for the support of the load;

[(81)] (85) "Spot lamp" or "spot light" means a lighting device projecting a high intensity beam, the direction of which can be readily controlled for special or emergency lighting as distinguished from ordinary road illumination;

[(82)] (86) "State" means any state of the United States and the District of Columbia unless the context indicates a more specific reference to the state of Connecticut;

[(83)] (87) "Stop" means complete cessation of movement;

(88) "Student" means any person under the age of twenty-one years who is attending a preprimary, primary or secondary school program of education;

[(84)] (89) "Tail lamp" means a lighting device affixed to the rear of a motor vehicle showing a red light to the rear and indicating the presence of the motor vehicle when viewed from behind;

[(85)] (90) "Tank vehicle" means any commercial motor vehicle designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or its chassis which shall include, but not be limited to, a cargo tank and portable tank, as defined in 49 CFR 383. 5, as amended, provided it shall not include a portable tank with a rated capacity not to exceed one thousand gallons;

[(86)] (91) "Tractor" or "truck tractor" means a motor vehicle designed and used for drawing a semitrailer;

[(87)] (92) "Tractor-trailer unit" means a combination of a tractor and a trailer or a combination of a tractor and a semitrailer;

[(88)] (93) "Trailer" means any rubber-tired vehicle without motive power drawn or propelled by a motor vehicle;

[(89)] (94) "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property;

[(90)] (95) "Ultimate consumer" means, with respect to a motor vehicle, the first person, other than a dealer, who in good faith purchases the motor vehicle for purposes other than resale;

[(91)] (96) "United States" means the fifty states and the District of Columbia;

[(92)] (97) "Used motor vehicle" includes any motor vehicle which has been previously separately registered by an ultimate consumer;

[(93)] (98) "Utility trailer" means a trailer designed and used to transport personal property, materials or equipment, whether or not permanently affixed to the bed of the trailer, with a manufacturer's GVWR of ten thousand pounds or less;

[(94)] (99) "Vanpool vehicle" includes all motor vehicles, the primary purpose of which is the daily transportation, on a prearranged nonprofit basis, of individuals between home and work, and which: (A) If owned by or leased to a person, or to an employee of the person, or to an employee of a local, state or federal government unit or agency located in Connecticut, are manufactured and equipped in such manner as to provide a seating capacity of at least seven but not more than fifteen individuals, or (B) if owned by or leased to a regional ride-sharing organization in the state recognized by the Commissioner of Transportation, are manufactured and equipped in such manner as to provide a seating capacity of at least six but not more than nineteen individuals;

[(95)] (100) "Vehicle" includes any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, a cushion of air or by any other means. The term does not include devices propelled or drawn by human power or devices used exclusively on tracks;

[(96)] (101) "Vehicle identification number" or "VIN" means a series of Arabic numbers and Roman letters that is assigned to each new motor vehicle that is manufactured within or imported into the United States, in accordance with the provisions of 49 CFR 565, unless another sequence of numbers and letters has been assigned to a motor vehicle by the commissioner, in accordance with the provisions of section 14-149;

[(97)] (102) "Wrecker" means a vehicle which is registered, designed, equipped and used for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation or for related purposes by a person, firm or corporation licensed in accordance with the provisions of subpart (D) of part III of this chapter or a vehicle contracted for the consensual towing or transporting of one or more motor vehicles to or from a place of sale, purchase, salvage or repair. [; ]

[(98) "Camp vehicle" means any motor vehicle that is regularly used to transport persons under eighteen years of age in connection with the activities of any youth camp, as defined in section 19a-420. ]

Sec. 2. Section 14-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly:

(1) The following terms shall be construed as they are defined in section 14-1 of the 2008 supplement to the general statutes, as amended by this act: "Authorized emergency vehicle", "commissioner", "driver", "fuels", "gross weight", "head lamp", "high-mileage vehicle", "highway", "light weight", "limited access highway", "maintenance vehicle", "motor bus", "motorcycle", "motor vehicle registration", "nonresident", "nonskid device", "number plate", "officer", "operator", "owner", "passenger motor vehicle", "passenger and commercial motor vehicle", "person", "pneumatic tires", "pole trailer", "registration", "registration number", "second offense", "semitrailer", "shoulder", "solid tires", "stop", "subsequent offense", "tail lamp", "tractor", "tractor-trailer unit", "trailer", "truck" and "vanpool vehicle";

(2) "Carrier" means (A) any local or regional school district, any educational institution providing elementary or secondary education or any person, firm or corporation under contract to such district or institution engaged in the business of transporting school children; (B) any person, firm or corporation providing transportation for compensation exclusively to persons under the age of twenty-one years; or (C) any corporation, institution or nonprofit organization providing transportation as an ancillary service primarily to persons under the age of eighteen years;

(3) "Curb" includes the boundary of the traveled portion of any highway, whether or not the boundary is marked by a curbstone;

(4) "Intersection" means the area embraced within the prolongation of the lateral curb lines of two or more highways which join one another at an angle, whether or not one of the highways crosses the other;

(5) "Motor vehicle" includes all vehicles used on the public highways;

(6) "Parking area" means lots, areas or other accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge;

(7) "Rotary" or "roundabout" means a physical barrier legally placed or constructed at an intersection to cause traffic to move in a circuitous course;

(8) "Student" means any person under the age of twenty-one years who is attending a preprimary, primary or secondary school program of education;

[(8)] (9) "Student transportation vehicle" means any motor vehicle other than a registered school bus used by a carrier for the transportation of students, including children requiring special education; and

[(9)] (10) "Vehicle" is synonymous with "motor vehicle".

Sec. 3. Section 14-10 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) For the purposes of this section:

(1) "Disclose" means to engage in any practice or conduct to make available and make known, by any means of communication, personal information or highly restricted personal information contained in a motor vehicle record pertaining to an individual to any other individual, organization or entity;

(2) "Motor vehicle record" means any record that pertains to an operator's license, learner's permit, identity card, registration, certificate of title or any other document issued by the Department of Motor Vehicles;

(3) "Personal information" means information that identifies an individual and includes an individual's photograph or computerized image, Social Security number, operator's license number, name, address other than the zip code, telephone number, or medical or disability information, but does not include information on motor vehicle accidents or violations, or information relative to the status of an operator's license, registration or insurance coverage;

(4) "Highly restricted personal information" means an individual's photograph or computerized image, Social Security number or medical or disability information; and

(5) "Express consent" means an affirmative agreement given by the individual who is the subject of personal information that specifically grants permission to the department to release such information to the requesting party. Such agreement shall (A) be in writing or such other form as the commissioner may determine in regulations adopted in accordance with the provisions of chapter 54, and (B) specify a procedure for the individual to withdraw such consent, as provided in regulations adopted in accordance with the provisions of chapter 54.

(b) A number shall be assigned to each motor vehicle registration and operator's license and a record of all applications for motor vehicle registrations and operators' licenses issued shall be kept by the commissioner at the main office of the Department of Motor Vehicles.

(c) (1) All records of the Department of Motor Vehicles pertaining to the application for registration, and the registration, of motor vehicles of the current or previous three years shall be maintained by the commissioner at the main office of the department. Any such records over three years old may be destroyed at the discretion of the commissioner. (2) Before disclosing personal information pertaining to an applicant or registrant from such motor vehicle records or allowing the inspection of any such record containing such personal information in the course of any transaction conducted at such main office, the commissioner shall ascertain whether such disclosure is authorized under subsection (f) of this section, and require the person or entity making the request to (A) complete an application that shall be on a form prescribed by the commissioner, and (B) provide two forms of acceptable identification. An attorney-at-law admitted to practice in this state may provide his or her juris number to the commissioner in lieu of the requirements of subparagraph (B) of this subdivision. The commissioner may disclose such personal information or permit the inspection of such record containing such information only if such disclosure is authorized under subsection (f) of this section.

(d) The commissioner may disclose personal information from a motor vehicle record pertaining to an operator's license or a driving history or permit the inspection or copying of any such record or history containing such information in the course of any transaction conducted at the main office of the department only if such disclosure is authorized under subsection (f) of this section. Any such records over five years old may be destroyed at the discretion of the commissioner.

(e) In the event (1) a federal court judge, federal court magistrate or judge of the Superior Court, Appellate Court or Supreme Court of the state, (2) a member of a municipal police department or a member of the Division of State Police within the Department of Public Safety, (3) an employee of the Department of Correction, (4) an attorney-at-law who represents or has represented the state in a criminal prosecution, (5) a member or employee of the Board of Pardons and Paroles, (6) a judicial branch employee regularly engaged in court-ordered enforcement or investigatory activities, (7) a federal law enforcement officer who works and resides in this state, or (8) a state referee under section 52-434, submits a written request and furnishes such individual's business address to the commissioner, such business address only shall be disclosed or available for public inspection to the extent authorized by this section.

(f) The commissioner may disclose personal information from a motor vehicle record to:

(1) Any federal, state or local government agency in carrying out its functions or to any individual or entity acting on behalf of any such agency, or

(2) Any individual, organization or entity that signs and files with the commissioner, under penalty of false statement as provided in section 53a-157b, a statement on a form approved by the commissioner, together with such supporting documentation or information as the commissioner may require, that such information will be used for any of the following purposes:

(A) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, motor vehicle market research activities including survey research, motor vehicle product and service communications and removal of nonowner records from the original owner records of motor vehicle manufacturers to implement the provisions of the federal Automobile Information Disclosure Act, 15 USC 1231 et seq. , the Clean Air Act, 42 USC 7401 et seq. , and 49 USC Chapters 301, 305 and 321 to 331, inclusive, as amended from time to time, and any provision of the general statutes enacted to attain compliance with said federal provisions;

(B) In the normal course of business by the requesting party, but only to confirm the accuracy of personal information submitted by the individual to the requesting party;

(C) In connection with any civil, criminal, administrative or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, an investigation in anticipation of litigation by an attorney-at-law or any individual acting on behalf of an attorney-at-law and the execution or enforcement of judgments and orders, or pursuant to an order of any court provided the requesting party is a party in interest to such proceeding;

(D) In connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and motor vehicle parts and dealers, producing statistical reports and removal of nonowner records from the original owner records of motor vehicle manufacturers, provided the personal information is not published, disclosed or used to contact individuals except as permitted under subparagraph (A) of this subdivision;

(E) By any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors, in connection with the investigation of claims arising under insurance policies, antifraud activities, rating or underwriting;

(F) In providing any notice required by law to owners or lienholders named in the certificate of title of towed, abandoned or impounded motor vehicles;

(G) By an employer or its agent or insurer to obtain or verify information relating to a holder of a passenger endorsement or commercial driver's license required under 49 USC Chapter 313, and sections 14-44 to 14-44m, inclusive;

(H) In connection with any lawful purpose of a labor organization, as defined in section 31-77, provided (i) such organization has entered into a contract with the commissioner, on such terms and conditions as the commissioner may require, and (ii) the information will be used only for the purposes specified in the contract other than campaign or political purposes;

(I) For bulk distribution for surveys, marketing or solicitations provided the commissioner has obtained the express consent of the individual to whom such personal information pertains;

(J) For the purpose of preventing fraud by verifying the accuracy of personal information contained in a motor vehicle record, including an individual's photograph or computerized image, as submitted by an individual to a legitimate business or an agent, employee or contractor of a legitimate business, provided the individual has provided express consent in accordance with subdivision (5) of subsection (a) of this section;

(K) Inclusion of personal information about persons who have indicated consent to become organ and tissue donors in a donor registry established by a procurement organization, as defined in section 19a-279a;

(L) By any private detective or private detective licensed in accordance with the provisions of chapter 534, in connection with an investigation involving matters concerning motor vehicles.

(g) Any person receiving personal information or highly restricted personal information from a motor vehicle record pursuant to subsection (f) of this section shall be entitled to use such information for any of the purposes set forth in said subsection for which such information may be disclosed by the commissioner. No such person may resell or redisclose the information for any purpose that is not set forth in subsection (f) of this section, or reasonably related to any such purpose.

(h) Notwithstanding any provision of this section, the disclosure of personal information from a motor vehicle record pursuant to subsection (f) of this section shall be subject to the provisions of section 14-50a concerning (1) the fees that shall be charged for copies of or information pertaining to motor vehicle records and (2) the authority of the commissioner to establish fees for information furnished on a volume basis in accordance with such terms and conditions regarding the use and distribution of such information as the commissioner may prescribe.

(i) Notwithstanding any provision of this section that restricts or prohibits the disclosure of personal information from a motor vehicle record, the commissioner may disclose personal information contained in any such record to any individual who is the subject of such personal information or to any person who certifies under penalty of false statement that such person has obtained the express consent of the subject of such personal information.

(j) Notwithstanding any provision of this section that permits the disclosure of personal information from a motor vehicle record, the commissioner may disclose highly restricted personal information contained in any such record only in accordance with the provisions of 18 USC 2721 et seq. , as amended.

(k) Any person, including any officer, employee, agent or contractor of the Department of Motor Vehicles, who sells, transfers or otherwise discloses personal information or highly restricted personal information obtained from the Department of Motor Vehicles for any purpose not authorized by the provisions of this section shall be guilty of a class A misdemeanor.

[(k)] (l) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.

Sec. 4. Subsection (a) of section 14-12 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) No motor vehicle shall be operated or towed on any highway, except as otherwise expressly provided, unless it is registered with the commissioner, provided any motor vehicle may be towed for repairs or necessary work if it bears the markers of a licensed and registered dealer, manufacturer or repairer and provided any motor vehicle which is validly registered in another state may, for a period of sixty days following establishment by the owner of residence in this state, be operated on any highway without first being registered with the commissioner. Except as otherwise provided in this subsection (1) a person commits an infraction if he registers a motor vehicle he does not own or if he operates, or allows the operation of, an unregistered motor vehicle on a public highway or (2) a resident of this state who operates a motor vehicle he owns with marker plates issued by another state shall be fined not less than one hundred fifty dollars nor more than three hundred dollars. If the owner of a motor vehicle previously registered on an annual or biennial basis, the registration of which expired not more than thirty days previously, operates or allows the operation of such a motor vehicle, he shall be fined the amount designated for the infraction of failure to renew a registration, but his right to retain his operator's license shall not be affected. No operator other than the owner shall be subject to penalty for the operation of such a previously registered motor vehicle. As used in this subsection, the term "unregistered motor vehicle" includes any vehicle that is not eligible for registration by the commissioner due to the absence of necessary equipment or other characteristics of the vehicle that make it unsuitable for highway operation, unless the operation of such vehicle is expressly permitted by another provision of this chapter or chapter 248.

Sec. 5. Subsection (b) of section 14-16a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):


(b) The following vehicles, upon transfer of ownership, shall be presented for inspection, as directed by the commissioner, at any Department of Motor Vehicles office or any official emissions inspection station authorized by the Commissioner of Motor Vehicles to conduct such inspection
: (1) All motor vehicles ten model years old or older which are registered in this state and which were originally used or designed as fire apparatus and which are of historical or special interest as determined by the commissioner, (2) all antique, rare or special interest motor vehicles, and (3) all modified antique motor vehicles. Any such vehicle shall be inspected to determine whether it is in good mechanical condition before registration can be issued to the new owner of such vehicle. The determination of the mechanical condition of a vehicle described in subdivisions (1) and (2) of this subsection shall be made by inspecting only the vehicle's original equipment and parts or the functional reproductions of the original equipment and parts. The mechanical condition of modified antique motor vehicles shall be determined by inspecting the original equipment and any functioning replacements of such equipment. The model year designation for the purpose of registration of a modified antique motor vehicle shall be the model year that the body of such vehicle most closely resembles. If the commissioner authorizes the contractor that operates the system of official emissions inspection stations or other business or firm, except a licensee of the department, to conduct the safety inspections required by this subsection, the commissioner may authorize the contractor or other business or firm to charge a fee, not to exceed fifteen dollars, for each such inspection. The commissioner may authorize any motor vehicle dealer or repairer, licensed in accordance with section 14-52 and meeting qualifications established by the commissioner, to make repairs to any motor vehicle that has failed an initial safety inspection and to certify to the commissioner that the motor vehicle is in compliance with the safety and equipment standards for registration. No such authorized dealer or repairer shall charge any additional fee to make such certification to the commissioner.

Sec. 6. Subsection (d) of section 14-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(d) At such time as the state of Connecticut may enter into and become a member of the International Registration Plan pursuant to subsection (a) of this section, the provisions of said plan, as it may be amended from time to time, which are concerned with the registration of any vehicle or the fees which relate to any such registration shall control whenever any special act or any provision of the general statutes, except subsection (c) of this section, conflicts with any provision of said plan. A copy of the plan, as it may be amended from time to time, shall be maintained on file by the Commissioner of Motor Vehicles at the main office of the department, and shall be available for public inspection.

Sec. 7. Subsection (g) of section 14-44e of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(g) The commissioner may issue a commercial driver's instruction permit to any person who holds a valid operator's license. Said permit may not be issued for a period to exceed six months. Only one renewal or reissuance may be granted within a two-year period. The holder of a commercial driver's instruction permit, may, unless otherwise disqualified or suspended, drive a commercial motor vehicle only when accompanied by the holder of a commercial driver's license [with] of the appropriate class and bearing endorsements for the type of vehicle being driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

Sec. 8. Subsection (b) of section 14-42a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) The Commissioner of Motor Vehicles shall include in regulations adopted pursuant to [section] sections 14-36f and 14-78 a requirement that a description of the purposes and procedures of procurement organizations, as defined in section 19a-279a, be included in driver education programs.

Sec. 9. Subsection (w) of section 14-49 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(w) In addition to the fee established for the issuance of motor vehicle number plates and except as provided in subsection (a) of section 14-21b and subsection (c) of section 14-253a of the 2008 supplement to the general statutes there shall be an additional safety fee of five dollars charged at the time of issuance of any reflectorized safety number plate or set of plates. All moneys derived from said safety fee shall be deposited in the Special Transportation Fund. The commissioner may waive said safety fee in the case of any person who submits a police report to the commissioner indicating that the number plate or set of number plates have been stolen or mutilated. [for the purpose of obtaining the sticker attached to the plate denoting the expiration date of the registration. ]

Sec. 10. Section 14-67l of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Upon receiving such certificate of approval, each applicant for a motor vehicle recycler's license shall present such certificate to the Commissioner of Motor Vehicles, together with a fee of [eighty] two hundred eighty dollars for the examination of the location or proposed location of each such motor vehicle recycler's yard or business, and shall pay a license fee of [two hundred] seven hundred five dollars to said commissioner for each motor vehicle recycler's yard or business. [On and after July 1, 1985, the fee for such examination shall be one hundred twenty dollars, on and after July 1, 1989, one hundred eighty dollars, on and after July 1, 1991, two hundred twenty-five dollars, and on and after July 1, 1993, two hundred eighty dollars. On and after July 1, 1985, the license fee shall be three hundred dollars, on and after July 1, 1989, four hundred fifty dollars, on and after July 1, 1991, five hundred sixty-three dollars, and on and after July 1, 1993, seven hundred and five dollars. Upon] Except as provided in subsection (b) of this section, upon receipt of such certificate of approval, the payment of the required license fee and observance of regulations required, a license shall be issued by the commissioner provided, however, the commissioner may refuse to grant a license to a person, firm or corporation to engage in the business of operating a motor vehicle recycler's yard if the applicant for such business license or an officer or major stockholder, if the applicant is a firm or corporation, has been convicted of a violation of any provision of laws pertaining to the business of a motor vehicle dealer or repairer, including a motor vehicle recycler, in the courts of the United States or of this state or any state of the United States, in accordance with the hearing requirements provided for in section 14-67p. Any license may be renewed from year to year upon payment of a fee of [one hundred] three hundred fifty dollars. [On and after July 1, 1985, the renewal fee shall be one hundred fifty dollars, on and after July 1, 1989, two hundred twenty-five dollars, on and after July 1, 1991, two hundred eighty dollars, and on and after July 1, 1993, three hundred fifty dollars. ] Each such license shall be renewed annually according to renewal schedules established by the commissioner so as to effect staggered renewal of all such licenses. If the adoption of a staggered system results in the expiration of any license more or less than one year from its issuance, the commissioner may charge a prorated amount for such license fee. Each such licensee shall, instead of registering each motor vehicle owned by him, make application to the commissioner for a general distinguishing number and mark, and the commissioner may issue to the applicant a certificate of registration containing the distinguishing number and mark assigned to such licensee and, thereupon, each motor vehicle owned by such licensee shall be regarded as registered under such general distinguishing number and mark. No licensee may be issued more than three registrations under a general distinguishing number and mark in a year, unless he makes application for an additional registration to the commissioner, in such form and containing such information as he may require to substantiate such request. The commissioner may issue to each such licensee such additional registrations as he deems necessary. The licensee shall issue to each person driving such motor vehicle a document indicating that such person is validly entrusted with the vehicle, which document shall be carried in the motor vehicle. The commissioner shall determine the form and contents of this document. For the registration of motor vehicles under a general distinguishing number and mark, the commissioner shall charge a fee of [twenty] seventy dollars for each number plate furnished. [On and after July 1, 1985, such fee shall be thirty dollars, on and after July 1, 1989, forty-five dollars, on and after July 1, 1991, fifty-six dollars, and on and after July 1, 1993, seventy dollars. ] Such licensee shall furnish financial responsibility satisfactory to the commissioner as defined in section 14-112. Such number plates may be used as provided for under section 14-67n.

(b) Each applicant for a recycler's license shall be required to certify that, to the best of such applicant's knowledge and belief, all the property to be used for the operation of the yard and business is in compliance with the provisions of all applicable provisions of title 22a and all regulations adopted by the Commissioner of Environmental Protection pursuant to the provisions of said title. Upon receipt of such certification and completed application, the Commissioner of Motor Vehicles shall notify the Commissioner of Environmental Protection. The notification shall include a statement of the location of the subject property and a legal description thereof. Within forty-five days of receipt of such notification, the Commissioner of Environmental Protection shall inform the Commissioner of Motor Vehicles if there is any reason to believe that the property that is proposed to be licensed is not in compliance with the above referenced statutory and regulatory requirements. If the Commissioner of Motor Vehicles is informed that there is any such reason to believe that the subject location is not in compliance with such requirements, said commissioner may (1) refuse to issue the license, or (2) issue the license subject to such conditions, including, but not limited to, the remediation of the conditions causing the suspected violation or violations, as are acceptable to the Commissioner of Environmental Protection.

Sec. 11. Section 14-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) No person shall be employed by any such school licensee to give instruction in driving a motor vehicle unless [he] such person is licensed to act as an instructor by the commissioner.

(b) Application for an instructor's license shall be in writing and shall contain such information as the commissioner requires. The applicant shall furnish evidence satisfactory to the commissioner that [he] such applicant (1) is of good moral character [and has never been convicted of a crime involving moral turpitude] considering such person's criminal record and record, if any, on the state child abuse and neglect registry established pursuant to section 17a-101k, as obtained and reviewed by the commissioner in accordance with the standards of section 14-44; (2) has held a license to drive a motor vehicle for the past four consecutive years and has a driving record satisfactory to the commissioner, including no record of a conviction for a drug or alcohol-related offense during such four-year period; (3) has had a recent medical examination by a physician licensed to practice within the state and the physician certifies that the applicant is physically fit to operate a motor vehicle and instruct in driving; (4) has received a high school diploma or has an equivalent academic education; and (5) has completed an instructor training course of forty-five clock hours given by a school or agency approved by the commissioner, except that any such course given by an institution under the jurisdiction of the board of trustees of the Connecticut State University system must be approved by the commissioner and the State Board of Education.

(c) The commissioner may deny the application of any person for an instructor's license if he determines that the applicant has made a material false statement or concealed a material fact in connection with his application for the instructor's license.

(d) The commissioner shall conduct such written, oral and practical examinations as he deems necessary to determine whether an applicant has sufficient skill in the operation of motor vehicles to ensure their safe operation, a satisfactory knowledge of the motor vehicle laws and the ability to impart such skill and knowledge to others. If the applicant successfully completes the examinations and meets all other requirements of this section, the commissioner shall cause him to be fingerprinted and shall issue to him an instructor's license. The license shall be valid for use only in connection with the business of the drivers' school or schools listed on the license. If the applicant fails the examination, he may apply for reexamination after three months have elapsed. The license shall be valid for the calendar year within which it is issued, and renewals shall be for succeeding calendar years.

(e) The licensee shall be reexamined periodically in accordance with standards specified in regulations adopted under section 14-78. Persons licensed for the first time as instructors shall, in the three years following their initial licensure, attend seminars, annually, in traffic safety sponsored by the Department of Motor Vehicles or take an advanced instructor course of not less than forty-five clock hours in traffic safety. The course shall have been approved by the commissioner. Proof of compliance with the requirement for attendance at seminars or the taking of instruction shall be made before license renewals are issued. The seminars shall be self-sustaining.

(f) The fee for an instructor's license, or for any renewal thereof, shall be fifty dollars.

Sec. 12. Subsection (a) of section 14-105 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) No television screen or other device of a similar nature, except a video display unit used for instrumentation purposes [or a closed video monitor for backing, provided such monitor screen is disabled blank no later than fifteen seconds after the transmission of a vehicle so equipped is shifted out of reverse,] shall be installed or used in this state in any position or location in a motor vehicle where it may be visible to the driver or where it may in any other manner interfere with the safe operation and control of the vehicle. The provisions of this subsection shall not apply to devices installed by the manufacturer of the motor vehicle meeting one or more of the following criteria: (1) A closed video monitor that is used only for backing or parking; (2) a video display unit or device that is capable of operation only when the vehicle is stationary and is automatically disabled whenever the wheels of the vehicle are in motion; or (3) a video display unit or device that is used to enhance or supplement the driver's view of the area immediately surrounding the vehicle to assist in low-speed maneuvering at not more than ten miles per hour around obstructions.

Sec. 13. Section 14-164i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The Commissioner of Environmental Protection, in consultation with the Commissioner of Motor Vehicles, shall review the technical information concerning testing techniques, standards and instructions for emission control features and equipment relative to diesel-powered commercial motor vehicles, including such information available from the United States Environmental Protection Agency and information regarding standards issued by the Society of Automotive Engineers and shall, not later than January 1, 1997, establish a standard of minimum exhaust emission for all diesel-powered commercial motor vehicles operated on the highways of this state. In establishing such standard, the commissioner shall also review standards in effect in other states and in regions subject to federal air quality requirements and shall endeavor to maintain consistency with such standards. The standard shall be reviewed by the commissioner periodically and may be revised as the commissioner deems appropriate. Not later than July 1, 1997, the Commissioner of Motor Vehicles, in consultation with the Commissioner of Environmental Protection, shall select a method or methods for testing the exhaust emissions of diesel-powered commercial motor vehicles.

(b) [Not later than October 1, 1997, the] The Commissioner of Motor Vehicles shall provide for the [commencement] conduct of emissions inspections of diesel-powered commercial motor vehicles operated on the highways of this state using the method or methods selected by the commissioner under subsection (a) of this section. Such inspections [shall] may be performed in conjunction with any safety or weight inspection at any official weighing area or other location designated by the commissioner. In lieu of any such inspection performed by the commissioner, the commissioner may accept the results of an inspection performed (1) by agreement with an owner or operator of a fleet of diesel-powered commercial motor vehicles licensed by the commissioner pursuant to subsection (h) of section 14-164c of the 2008 supplement to the general statutes, or (2) by any licensed motor vehicle dealer or repairer authorized by the commissioner, pursuant to this section, to establish a diesel-powered commercial motor vehicle inspection station. The Commissioner of Motor Vehicles shall design a sticker to be affixed to the windshield of a diesel-powered commercial motor vehicle inspected in accordance with the provisions of this section, which shall bear the date of inspection.

(c) Any person, as defined in subsection (g) of this section, whose vehicle fails to pass an inspection under subsection (b) of this section shall have the vehicle repaired and, within forty-five consecutive calendar days, present proof of emissions-related repairs of such vehicle in such form as the commissioner shall require. The commissioner shall issue a two-year intrastate waiver from compliance with emissions standards to any such vehicle failing to meet such standards but complying with the minimum repair requirements. For purposes of this section, the minimum repair requirements for diesel-powered commercial motor vehicles shall be the expenditure of one thousand dollars towards emissions-related repairs of such vehicle. The Commissioner of Motor Vehicles shall suspend the commercial registration, issued pursuant to the provisions of this chapter, of any vehicle for which no proof of emissions-related repairs has been submitted within such forty-five-day period.

(d) When a diesel-powered commercial motor vehicle fails to [stop and] submit to an emissions inspection [performed] requested in conjunction with any safety or weight inspection at any official weighing area or other location designated by the commissioner, or fails to comply with any provision of this section, the commissioner shall (1) suspend the registration privilege to operate the vehicle on the highways of the state, and (2) notify the jurisdiction in which the vehicle is registered and request said jurisdiction to suspend the registration of the vehicle.

(e) The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.

(f) No diesel-powered commercial motor vehicle shall be operated on the highways of this state unless such vehicle complies with the provisions of this section and the regulations adopted by the commissioner. Any person who operates or permits the operation of any such vehicle in violation of the provisions of this section or the regulations adopted by the commissioner shall be fined not more than two hundred dollars for a first violation and not more than five hundred dollars for a second or subsequent violation committed within one year after a previous violation.

(g) For the purposes of this section, (1) "commercial motor vehicle" shall not be construed to include a school bus, and (2) "person" shall mean the person holding title to the vehicle or having legal right to register the same, including a purchaser under a conditional bill of sale and a lessee for a term of more than thirty days.

Sec. 14. Subsection (c) of section 14-171 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(c) If the application refers to a vehicle last previously registered in another state or country, or by an Indian tribe recognized by the United States Bureau of Indian Affairs, the application shall contain or be accompanied by: (1) Any certificate of title issued by [the] such other state, [or] country or Indian tribe; (2) any other information and documents the commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it; and (3) evidence that the manufacturer's identification number of the vehicle was verified, by a means acceptable to the commissioner, or inspected by a licensed dealer in accordance with subsection (d) of section 14-99h.

Sec. 15. Subsection (c) of section 14-192 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(c) Motor vehicles leased to an agency of this state and motor vehicles owned by the state, [or] an agency of the state, or a municipality, as defined in section 7-245, shall be exempt from the fees imposed by this section.

Sec. 16. Section 14-286 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Each person operating a bicycle upon and along a sidewalk or across any roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal within a reasonable distance before overtaking and passing a pedestrian. Each person operating a bicycle or a motor-driven cycle upon a roadway shall within a reasonable distance give an audible signal before overtaking and passing a pedestrian or another bicycle operator. No person shall operate a bicycle upon or along a sidewalk or across a roadway upon and along a crosswalk if such operation is prohibited by any ordinance of any city, town or borough or by any regulation of the State Traffic Commission issued or adopted pursuant to the provisions of section 14-298.

(b) No person shall ride a [bicycle with a helper motor] motor-driven cycle unless that person holds a valid motor vehicle operator's license. No person shall operate a [bicycle with a helper motor at a rate of speed exceeding thirty miles per hour; nor shall any bicycle with a helper motor be operated] motor-driven cycle on any sidewalk, limited access highway or turnpike.

(c) (1) Notwithstanding the provisions of subsection (b) of this section, the Commissioner of Motor Vehicles may issue to a person who does not hold a valid operator's license a special permit that authorizes such person to ride a [bicycle with a helper motor] motor-driven cycle if (A) such person presents to the commissioner a certificate by a physician licensed to practice medicine in this state that such person is physically disabled, as defined in section 1-1f, other than blind, and that, in the physician's opinion, such person is capable of riding a [bicycle with a helper motor] motor-driven cycle, and (B) such person demonstrates to the Commissioner of Motor Vehicles that he is able to ride a bicycle [(i) without a helper motor] on level terrain, and [(ii) with a helper motor] a motor-driven cycle. (2) Such permit may contain limitations that the commissioner deems advisable for the safety of such person and for the public safety, including, but not limited to, the maximum speed of the [helper] motor such person may use. No person who holds a valid special permit under this subsection shall operate a [bicycle with a helper motor] motor-driven cycle in violation of any limitations imposed in the permit. Any person to whom a special permit is issued shall carry the permit at all times while operating the [bicycle with a helper motor] motor-driven cycle. Each permit issued under this subsection shall expire one year from the date of issuance.

(d) Notwithstanding the provisions of any statute or regulation to the contrary, the State Traffic Commission shall adopt regulations in accordance with the provisions of chapter 54 determining the conditions and circumstances under which bicycle traffic may be permitted on those bridges in the state on limited access highways which it designates to be safe for bicycle traffic. Bicycle traffic shall not be prohibited on any such bridges under such conditions and circumstances.

(e) As used in this section: (1) "Sidewalk" means any sidewalk laid out as such by any town, city or borough, and any walk which is reserved by custom for the use of pedestrians, or which has been specially prepared for their use. "Sidewalk" does not include crosswalks and does not include footpaths on portions of public highways outside thickly settled parts of towns, cities and boroughs, which are worn only by travel and are not improved by such towns, cities or boroughs or by abutters; (2) "bicycle" includes all vehicles propelled by the person riding the same by foot or hand power; [or a helper motor; ] and (3) ["bicycle with a helper motor" means a bicycle with a seat height of not less than twenty-six inches that is powered by a motor having a capacity of less than fifty cubic centimeters piston displacement, rated not more than two brake horsepower, capable of a maximum speed of no more than thirty miles per hour and equipped with automatic transmission] "motor-driven cycle" means any motorcycle, motor scooter or bicycle with an attached motor with a seat height of not less than twenty-six inches and a motor that produces five brake horsepower or less.

(f) A person shall operate a motor-driven cycle on any public highway, the speed limit of which is greater than the maximum speed of the motor-driven cycle, only in the right hand lane available for traffic or upon a usable shoulder on the right side of the highway, except when preparing to make a left turn at an intersection or into or from a private road or driveway.

[(f)] (g) Any person who pleads not guilty of a violation of any [of the provisions] provision of this section shall be prosecuted within fifteen days of such plea.

[(g)] (h) No person may operate a high-mileage vehicle as defined in section 14-1 of the 2008 supplement to the general statutes, as amended by this act, on any sidewalk, limited access highway or turnpike.

[(h)] (i) Violation of any provision of this section shall be an infraction.

Sec. 17. Subsection (a) of section 14-289g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) [On and after January 1, 1990, no] No person under eighteen years of age may (1) operate a motorcycle or a motor-driven cycle, as defined in section 14-1 of the 2008 supplement to the general statutes, as amended by this act, [and no person under the age of eighteen may] or (2) be a passenger on a motorcycle, unless such [person] operator or passenger is wearing protective headgear of a type which conforms to the minimum specifications established by regulations adopted under subsection (b) of this section.

Sec. 18. (NEW) (Effective October 1, 2008) In the case of any emergency situation described by the provisions of section 3-6a of the general statutes or section 28-1 of the 2008 supplement to the general statutes, or any other reason for which the Department of Motor Vehicles is closed or is unable to perform transactions with the public in an effective or secure manner, the Commissioner of Motor Vehicles, with the approval of the Governor, may extend the expiration date or the period of validity of any registration, license, permit, certificate or other form or credential issued by said commissioner in accordance with any provision of the general statutes. In any such case in which the commissioner exercises the authority granted by this section, the commissioner shall take such actions, as said commissioner deems necessary or appropriate, to inform the public and all law enforcement agencies of the extension of such expiration date or period of validity.

Sec. 19. Section 14-163d of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) At least once every six months, each owner of a motor vehicle described in subsection (a) of section 14-163c shall file with the Commissioner of Motor Vehicles evidence that the owner has in effect the security requirements imposed by law for each such motor vehicle. The evidence shall be filed in such form as the commissioner prescribes in accordance with a schedule established by the commissioner. At least once every two years, the evidence of security shall be accompanied by a motor carrier identification report that meets the requirements of 49 CFR 390. 19, as amended from time to time. The report shall be in such form as the commissioner prescribes.

(b) The Commissioner of Motor Vehicles may establish a system to verify, by means of electronic communication, that an owner of a motor vehicle described in subsection (a) of section 14-163c has the security requirements imposed by law. If the commissioner uses such system to make an inquiry to any insurance company that is licensed to issue automobile liability insurance in this state, or to any data source maintained by the United States Department of Transportation pursuant to the provisions of Title 49, Part 387 of the Code of Federal Regulations, as amended, the commissioner may accept the results of such inquiry in lieu of a filing by the owner pursuant to subsection (a) of this section, for the period for which such filing is required.

[(b)] (c) In addition to other penalties provided by law, the Commissioner of Motor Vehicles, after notice and opportunity for hearing in accordance with chapter 54, shall suspend the registration of each motor vehicle registered in the name of any owner who fails to file a motor carrier identification report or to provide satisfactory evidence of the security requirements imposed by law.

[(c)] (d) Each filing made in accordance with the provisions of subsection (a) of this section by each for-hire motor carrier or private motor carrier of property or passengers, and each owner of any motor vehicle that transports hazardous materials, as described in subsection (a) of section 14-163c, shall provide satisfactory evidence of insurance coverage or other security in amounts not less than are required by the provisions of Title 49, Part 387 of the Code of Federal Regulations, as amended. Such requirement concerning the amount of security that must be evidenced to the commissioner may be made applicable by the commissioner to the initial registration of any such motor vehicle, including the registration of any motor vehicle under the International Registration Plan, in accordance with the provisions of section 14-34a, as amended by this act.

Sec. 20. Subsection (b) of section 14-36a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) A commercial driver's license which contains the endorsement "S" evidences that the holder meets the requirements of section 14-44 to operate a school bus or any vehicle described in subsection (c) of this section. A commercial driver's license may contain any of the following additional endorsements:

"P"- authorizes the operation of commercial motor vehicles designed to carry passengers;

"H"- authorizes the operation of vehicles transporting hazardous materials;

"N"- authorizes the operation of tank vehicles;

"X"- authorizes both hazardous materials and tank vehicles; and

"T"- authorizes the operation of vehicles with up to three trailing, nonpower units.

The commissioner may establish one or more restrictions on commercial driver's licenses of any class, in regulations adopted in accordance with the provisions of chapter 54. Subject to the provisions of subsection (b) of section 14-44d, a commercial driver's license of any class authorizes the holder of such license to operate any motor vehicle that may be operated by the holder of a class D operator's license.

Sec. 21. Section 14-65a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The provisions of sections 14-51 to 14-65, inclusive, as amended by this act, shall not apply to dealers in trailers in the following classes: [(a)] (1) Trailers having a gross weight of three thousand pounds or less, and [(b)] (2) trailers sold as an accessory to and for the transportation of [(1)] (A) any snowmobile, [(2)] (B) any all-terrain vehicle, [(3)] (C) any boat, or [(4)] (D) any other powered or self-propelled recreational vehicle not required to be registered under this chapter but which is subject to the provisions of section 14-380.

(b) The Commissioner of Motor Vehicles, for the more efficient performance of said commissioner's duties, may allow a marine dealer, as defined in section 15-141, registered with the Commissioner of Environmental Protection, to: (1) Sell any trailers required to be registered in accordance with the provisions of this chapter; (2) issue temporary registrations; and (3) submit applications for permanent registrations, in accordance with the provisions of subsection (c) of section 14-12, and sections 14-61 and 14-61a.

Sec. 22. Section 14-188 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall, within ten days after demand and, in any event, within thirty days, execute a release of the security interest, in the space provided therefor on the certificate or as the commissioner prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the commissioner, who shall release the lienholder's rights on the certificate or issue a new certificate.

(b) If the security interest of the lienholder is maintained in the electronic title file pursuant to subsection (b) of section 14-175, such lienholder shall, upon the satisfaction of such security interest, [notify the commissioner within ten days of such satisfaction] execute a release of such security interest, and mail, deliver or electronically transmit such release to the next lienholder or, if none, to the owner or to any person who delivers or electronically transmits to the lienholder, an authorization from the owner to receive a certificate of title. Such [notification] release shall be provided in not more than ten days and shall be in such form and manner, and [shall] contain such information necessary to evidence the release of the lien and to identify the motor vehicle and the record of the certificate of title, as the commissioner [prescribes] may prescribe. The commissioner shall issue a certificate of title and present or mail such certificate to the owner or to the second lienholder, if any.

(c) Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within ten days after demand and, in any event, within thirty days execute a release in the form the commissioner prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by the owner, for delivery to the commissioner or, upon receipt of the release, mail or deliver it with the certificate to the commissioner, who shall release the subordinate lienholder's rights on the certificate or issue a new certificate.

(d) A lienholder who does not comply with subsection (b) or (c) of this section and who has disappeared and cannot be located by the debtor shall be deemed for purposes of this section only to have released such security interest, if evidence satisfactory to the commissioner is filed concerning the disappearance of the lienholder, and the commissioner shall so note on the records of the department.

Sec. 23. Subsection (d) of section 14-276a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(d) A carrier shall require each person whom it intends to employ to operate a school bus, as defined in section 14-275 of the 2008 supplement to the general statutes, or a student transportation vehicle, as defined in section 14-212, as amended by this act, to submit to a urinalysis drug test in accordance with the provisions of sections 31-51v and 31-51w and shall require each person it employs to operate such vehicles to submit to a urinalysis drug test on a random basis in accordance with the provisions of section 31-51x of the 2008 supplement to the general statutes, and the standards set forth in 49 CFR Parts 382 and 391. No carrier may employ any person who has received a positive test result for such test which was confirmed as provided in subdivisions (2) and (3) of section 31-51u. No carrier may continue to employ as a driver, for two years, any person who has received a positive test result for such test which was confirmed as provided in subdivisions (2) and (3) of subsection (a) of section 31-51u. No carrier may continue to employ as a driver, permanently, any person who has received a second positive test result for such test which was confirmed as provided in subdivisions (2) and (3) of subsection (a) of section 31-51u. The commissioner may, after notice and hearing, impose a civil penalty of not more than one thousand dollars for the first offense and two thousand five hundred dollars for each subsequent offense on any carrier which violates any provision of this subsection.

Sec. 24. (NEW) (Effective October 1, 2008) (a) On and after January 1, 2009, the Commissioner of Motor Vehicles shall issue Support Our Troops! commemorative number plates to express support for our troops. Such plates shall bear the words "Support Our Troops!" and the image adopted by the national association, Support Our Troops, Inc. No use shall be made of such plates, except as official registration marker plates.

(b) A fee of sixty dollars shall be charged for Support Our Troops! commemorative number plates, in addition to the regular fee or fees prescribed for the registration of a motor vehicle. Fifteen dollars of such fee shall be deposited in an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such number plates, and forty-five dollars of such fee shall be deposited in an account to be used by Connecticut Support Our Troops, Inc. for the purposes of subsection (c) of this section. No additional fee shall be charged in connection with the renewal of such number plates. No transfer fee shall be charged for the transfer of an existing registration to or from a registration with Support Our Troops! commemorative number plates. Such number plates shall have letters and numbers selected by the Commissioner of Motor Vehicles. The Commissioner of Motor Vehicles may establish a higher fee for number plates: (1) Which contain the numbers and letters from a previously issued number plate; (2) which contain letters in place of numbers, as authorized by section 14-49 of the 2008 supplement to the general statutes, as amended by this act, in addition to the fee or fees prescribed for registration under said section; and (3) which are low number plates, issued in accordance with section 14-160 of the general statutes, in addition to the fee or fees prescribed for registration under said section. All fees established and collected pursuant to this section, except the amount deposited in the account controlled by the Department of Motor Vehicles, shall be deposited in the "Support Our Troops!" commemorative account, established pursuant to subsection (c) of this section. The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish standards and procedures for the issuance, renewal and replacement of Support Our Troops! commemorative number plates.

(c) There is established the "Support Our Troops!" commemorative account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The funds in said account shall be used by Connecticut Support Our Troops, Inc. for programs to assist troops, families of troops, and veterans. Connecticut Support Our Troops, Inc. may receive private donations to said account and any such donations shall be deposited in said account.

(d) The funds in the account shall be distributed quarterly by the Secretary of the Office of Policy and Management to Connecticut Support Our Troops, Inc.

Sec. 25. (NEW) (Effective October 1, 2008) (a) On and after January 1, 2009, the Commissioner of Motor Vehicles shall issue commemorative number plates of a design to express support for the nursing profession, raise awareness of the nursing shortage and provide scholarships for nursing education and training. Such design shall be determined by the Connecticut Nurses Foundation, with the approval of the commissioner. No use shall be made of such plates, except as official registration marker plates.

(b) A fee of sixty dollars shall be charged for such number plates, in addition to the regular fee or fees prescribed for the registration of a motor vehicle. Fifteen dollars of such fee shall be deposited in an account controlled by the Department of Motor Vehicles to be used for the cost of producing, issuing, renewing and replacing such number plates, and forty-five dollars of such fee shall be deposited in the account established under subsection (c) of this section. No additional fee shall be charged in connection with the renewal of such number plates. No transfer fee shall be charged for the transfer of an existing registration to or from a registration with commemorative nursing number plates. Such number plates shall have letters and numbers selected by the Commissioner of Motor Vehicles. The Commissioner of Motor Vehicles may establish a higher fee for number plates: (1) Which contain the numbers and letters from a previously issued number plate; (2) which contain letters in place of numbers as authorized by section 14-49 of the 2008 supplement to the general statutes, as amended by this act, in addition to the fee or fees prescribed for registration under said section; and (3) which are low number plates issued in accordance with section 14-160 of the general statutes, in addition to the fee or fees prescribed for registration under said section. All fees established and collected pursuant to this section, except the amount deposited in the account controlled by the department, shall be deposited in the "Nursing" commemorative account established pursuant to subsection (c) of this section. The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish standards and procedures for the issuance, renewal and replacement of commemorative nursing number plates.

(c) There is established the "Nursing" commemorative account which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The funds in the account shall be used by the Connecticut Nurses Foundation to provide scholarships for nursing education and training. The foundation may receive private donations to the account and any such donations shall be deposited in the account.

Sec. 26. Section 14-165 of the general statutes is amended by adding subdivision (14) as follows (Effective from passage):

(NEW) (14) "Special mobile agriculture vehicle" means a vehicle with an operator and agriculture support materials, operated upon or across any public highway, incidentally, in conjunction with the commercial operation of agriculture support. Commercial operation of agriculture support is limited to those services provided by a commercial entity to the agriculture industry and shall be limited to the spreading or spraying of materials to promote the growth of crops.

Sec. 27. Section 14-25b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner may register any vehicle operated upon any public highway as special mobile equipment as defined in subsection (i) of section 14-165, as amended by this act, and may issue a special number plate which shall be displayed in a conspicuous place at the rear of such vehicle. The commissioner may issue a registration containing any limitation on the operation of any such vehicle which he deems necessary for its safe operation, provided such vehicle's movement on a highway shall be restricted from its place of storage to the construction site or from one construction site to another. No such vehicle shall be operated upon or across any highway during the times when lights are required as specified in section 14-96a unless it displays the lighted lamps required by sections 14-96b and 14-96c. Such vehicle shall not be used for the transportation of passengers or a payload when operating upon a highway, except that while operating on a highway construction project or on a construction project of any kind which requires the crossing of a highway, it may carry passengers or a payload to the extent required by the project. A vehicle registered as special mobile equipment shall be exempt from the equipment requirements specified in sections 14-80 to 14-106, inclusive, as amended by this act. The commissioner may require that a vehicle for which an application for special mobile equipment registration is submitted pass an inspection prior to the issuance of such registration and at such times as he deems necessary for the safe operation of such equipment. The commissioner shall charge an annual fee for such registration equal to one-half of the commercial registration fee for a vehicle having the same gross weight.

(b) The commissioner may register any vehicle operated upon any public highway as a special mobile agriculture vehicle, as defined in section 14-165, as amended by this act, and may issue a special number plate which shall be displayed in a conspicuous place at the rear of such vehicle. The commissioner may issue a registration containing any limitation on the operation of any such vehicle which he deems necessary for its safe operation, provided such vehicle's operation upon or across a highway shall be restricted as follows: (1) To or from its place of storage, (2) to or from an agriculture location, or (3) from one agriculture location to another. No such vehicle shall be operated upon or across any highway during any time when lights are required pursuant to section 14-96a. Such vehicle shall not be used for the transportation of passengers when operating upon or across a highway. A vehicle registered as a special mobile agriculture vehicle shall be exempt from the equipment requirements set forth in sections 14-80 to 14-106, inclusive, as amended by this act, and the provisions of section 14-262. The commissioner may require any vehicle, for which an application for registration as a special mobile agriculture vehicle is submitted, to pass an inspection prior to the issuance of such registration and at such times as he deems necessary for the safe operation of such vehicle. The commissioner shall charge an annual fee of four hundred dollars for the registration of such vehicle.

Sec. 28. (NEW) (Effective October 1, 2008) Any applicant for a motor vehicle operator's license who has not previously held a Connecticut motor vehicle operator's license and who does not hold a valid motor vehicle operator's license issued by any other state, or by any territory or possession of the United States, shall be subject to the requirements of subdivision (3) of subsection (e) of section 14-36 of the 2008 supplement to the general statutes and shall be required to present to the Commissioner of Motor Vehicles a certificate of the successful completion of a course of not less than eight hours relative to safe driving practices, including a minimum of four hours on the nature and the medical, biological and physiological effects of alcohol and drugs and their impact on the operator of a motor vehicle, the dangers associated with the operation of a motor vehicle after the consumption of alcohol or drugs by the operator, the problems of alcohol and drug abuse and the penalties for alcohol and drug-related motor vehicle violations.

Sec. 29. Section 14-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) No person, firm or corporation shall engage in the business of selling motor vehicles at auction unless such person, firm or corporation is licensed as a new or used car dealer and has obtained an auction permit from the commissioner. Such auction permit may be issued at the discretion of the commissioner. The fee for such auction permit shall be twenty dollars.

(b) A totalled or salvaged motor vehicle with a certificate of title stamped "SALVAGE PARTS ONLY" shall be sold at auction in an area that is separate from any area in which other motor vehicles are being sold at auction.

(c) The provisions of this section shall not apply to a sale by a state marshal or to a private auction sale of motor vehicles, used by the seller, who is not a used car dealer as defined in section 14-51, in the operation of such seller's business or for personal use.

(d) The provisions of this section shall not apply to any person, firm or corporation engaged primarily in the business of conducting auction sales of construction equipment and other special mobile equipment, as defined in subdivision (9) of section 14-165, as amended by this act, and incidentally in auction sales of trailers and other motor vehicles, at a fixed location and place of business in this state, provided such person, firm or corporation was engaged in such business at such fixed location and place of business in this state on or before January 1, 2004. If such person, firm or corporation accepts motor vehicles on consignment from any licensed dealer, which motor vehicles are offered for sale to the public, such consigning dealer shall be required to obtain a permit in accordance with the provisions of subsection (a) of this section. Such consigning dealer shall be responsible for compliance with the provisions of sections 42-220 to 42-226a, inclusive.

(e) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.

(f) A violation of subsection (a) of this section shall be a class B misdemeanor. Each person, firm or corporation that conducts an auction sale in accordance with any of the provisions of this section shall be subject to the provisions of sections 14-149 and 14-149a and to the penalties provided for violations of said sections. The commissioner may, after notice and opportunity for a hearing, impose a civil penalty of two thousand dollars on any licensee who violates subsection (b) of this section or any regulation adopted pursuant to subsection (e) of this section.

(g) Notwithstanding the provisions of subsection (e) of section 14-62, a licensed new or used car dealer that has obtained an auction permit from the commissioner, in accordance with the provisions of this section, may sell a motor vehicle at a wholesale dealer auction on the condition that such dealer will present a duly assigned certificate of title to the purchaser of such motor vehicle not later than fourteen days following the date of such purchase. The failure of the dealer to present such certificate of title to the purchaser on or before such date shall, at the option of the purchaser, void the purchase of such motor vehicle. In order to void such purchase, the purchaser shall notify such dealer, within two business days following such fourteen day period, that such purchaser is exercising the right to void such purchase. Upon such notification, the seller shall refund the purchase price and shall be responsible for the payment of the round-trip transportation costs incurred by the purchaser, as evidenced by a copy of invoices or payment receipts.

Sec. 30. Subsections (a) and (b) of section 1-1h of the general statutes are repealed and the following is substituted in lieu thereof (Effective January 1, 2009):

(a) Any person who does not possess a valid motor vehicle operator's license may apply to the Department of Motor Vehicles for an identity card. The application for an identity card shall be accompanied by the birth certificate of the applicant or a certificate of identification of the applicant issued and authorized for such use by the Department of Correction. Such application shall include: (1) The applicant's name; (2) the applicant's address; (3) whether the address is permanent or temporary; (4) the applicant's [birthdate] date of birth; (5) notice to the applicant that false statements on such application are punishable under section 53a-157b; and (6) such other pertinent information as the Commissioner of Motor Vehicles deems necessary. A fee of [fifteen dollars] twenty-two dollars and fifty cents shall be paid to the department upon issuance to the applicant of an identity card which contains a picture of the applicant and specifies the applicant's height, sex and eye color. The applicant shall sign the application in the presence of an official of the department. The commissioner may waive the [fifteen-dollar] fee for any applicant who has voluntarily surrendered such applicant's motor vehicle operator's license or whose license has been refused by the commissioner pursuant to subdivision (4) of subsection (e) of section 14-36 of the 2008 supplement to the general statutes. The commissioner may waive the fee for any applicant who is a resident of a homeless shelter or other facility for homeless persons. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish the procedure and qualifications for the issuance of an identity card to any such homeless applicant.

(b) An identity card shall expire within a period not exceeding [four] six years from the date of issuance of such card. Each such card shall indicate its date of expiration. Any person who holds an identity card shall be notified by the commissioner before its expiration and may renew such card in such manner as the commissioner shall prescribe upon payment of a fee of [fifteen dollars] twenty-two dollars and fifty cents.

Sec. 31. Section 14-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The term "air conditioning equipment" or "equipment", as used or referred to in this section, means mechanical vapor compression refrigeration equipment which is used to cool the driver's or passenger compartment of any motor vehicle.

(b) Such equipment shall be manufactured, installed and maintained with due regard for the safety of the occupants of the vehicle and the public and shall not contain any refrigerant which is toxic to persons or which is flammable, unless such refrigerant is included in the list published by the United States Environmental Protection Agency as a safe alternative motor vehicle air conditioning substitute for chlorofluorocarbon-12 pursuant to 42 USC 7671k(c).

(c) The commissioner may adopt and enforce safety requirements, regulations and specifications, consistent with the requirements of this section, applicable to such equipment, which shall correlate with and, so far as possible, conform to the current recommended practice or standard applicable to such equipment approved by the Society of Automotive Engineers.

(d) No person shall have for sale, offer for sale, sell, equip or maintain any motor vehicle with any such equipment unless he is licensed under section 14-52 and such equipment complies with the requirements of this section.

(e) No person shall operate on any highway any motor vehicle equipped with any air conditioning equipment unless such equipment complies with the requirements of this section.

(f) Violation of any provision of subsections (d) and (e) of this section shall be an infraction.

Sec. 32. Section 14-300 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) The traffic authority shall have power to designate, by appropriate devices or markers or by lines upon the surface of the highway, such crosswalks and intersections as, in its opinion, constitute an especial danger to pedestrians crossing the highway including, but not limited to, specially marked crosswalks in the vicinity of schools, which crosswalks shall have distinctive markings, in accordance with the regulations of the State Traffic Commission, to denote use of such crosswalks by school children; and may maintain suitable signs located at intervals along highways, particularly where there are no sidewalks, directing pedestrians to walk facing vehicular traffic.

(b) At any intersection where special pedestrian-control signals bearing the words "Walk" or "Don't Walk" are placed, pedestrians may cross the highway only as indicated by the signal. At any intersection where traffic is controlled by other traffic control signals or by police officers, pedestrians shall not cross the highway against a red or "Stop" signal and shall not cross at any place not a marked or unmarked crosswalk. A pedestrian started or starting across the highway on a "Walk" signal or on any such crosswalk on a green or "Go" signal shall have the right of way over all vehicles, including those making turns, until such pedestrian has reached the opposite curb or safety zone.

(c) Except as provided in subsection (c) of section 14-300c, at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk, provided such crosswalks are not controlled by police officers or traffic control signals, each operator of a vehicle shall grant the right-of-way, and slow or stop such vehicle if necessary to so grant the right-of-way, to any pedestrian crossing the roadway within such crosswalk, provided such pedestrian steps off the curb or into the crosswalk at the entrance to a crosswalk or is within that half of the roadway upon which such operator of a vehicle is traveling or such pedestrian steps off the curb or into the crosswalk at the entrance to a crosswalk or is crossing the roadway within such crosswalk from that half of the roadway upon which such operator is not traveling. No operator of a vehicle approaching from the rear shall overtake and pass any vehicle the operator of which has stopped at any crosswalk marked as provided in subsection (a) of this section or any unmarked crosswalk to permit a pedestrian to cross the roadway. The operator of any vehicle crossing a sidewalk shall yield the right-of-way to each pedestrian and all other traffic upon such sidewalk. [The operator of any motor vehicle who violates this section shall be deemed to have committed an infraction and be fined ninety dollars. ]

(d) The operator of a motor vehicle who approaches or comes into the immediate vicinity of a pedestrian who is blind, as defined in subsection (a) of section 1-1f, carrying a white cane or a white cane tipped with red, or a pedestrian being guided by a guide dog, shall reduce speed or stop, if necessary, to yield the right-of-way to such pedestrian. No person, except one who is blind, shall carry or use on any street or highway, or in any other public place, a cane or walking stick which is white in color or white, tipped with red.

(e) The operator of any motor vehicle who violates this section shall be deemed to have committed an infraction and be fined ninety dollars.

[(d)] (f) In any civil action arising under subsection (c) or (d) of this section or sections 14-300b to 14-300d, inclusive, the doctrine of negligence per se shall not apply.

Sec. 33. Subsection (b) of section 51-164n of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-25 of the 2008 supplement to the general statutes, 8-27, 9-63, 9-296 of the 2008 supplement to the general statutes, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, or 12-326g of the 2008 supplement to the general statutes, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49 of the 2008 supplement to the general statutes, as amended by this act, 14-50a or 14-58, subsection (b) of section 14-66 of the 2008 supplement to the general statutes, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a of the 2008 supplement to the general statutes, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, as amended by this act, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a of the 2008 supplement to the general statutes, subsection (a) of section 14-261a of the 2008 supplement to the general statutes, section 14-262, 14-264, 14-267a of the 2008 supplement to the general statutes, 14-269, as amended by this act, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15 of the 2008 supplement to the general statutes or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145 of the 2008 supplement to the general statutes, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 of the 2008 supplement to the general statutes or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91 of the 2008 supplement to the general statutes, 19a-105, 19a-107, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265 or 20-324e, subsection (a) of section 20-341 of the 2008 supplement to the general statutes, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25 of the 2008 supplement to the general statutes, 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77 of the 2008 supplement to the general statutes, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391 of the 2008 supplement to the general statutes, 22-413 of the 2008 supplement to the general statutes, 22-414 of the 2008 supplement to the general statutes, 22-415 of the 2008 supplement to the general statutes, 22a-66a of the 2008 supplement to the general statutes or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, subsection (a) of section 22a-381d, section 22a-449 of the 2008 supplement to the general statutes, 22a-461, 23-37, 23-38, 23-46 of the 2008 supplement to the general statutes or 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97 of the 2008 supplement to the general statutes, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230, 26-294, 28-13 of the 2008 supplement to the general statutes, 29-6a, 29-109, 29-143o, 29-143z, 29-161y, 29-161z, 29-198, 29-210 of the 2008 supplement to the general statutes, 29-243, 29-277, 29-316, 29-318, 29-341 of the 2008 supplement to the general statutes, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12 of the 2008 supplement to the general statutes, 31-13 of the 2008 supplement to the general statutes, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a of the 2008 supplement to the general statutes, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288 of the 2008 supplement to the general statutes, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22 of the 2008 supplement to the general statutes, 46b-24 of the 2008 supplement to the general statutes, 46b-34, 46b-38dd of the 2008 supplement to the general statutes, 46b-38gg of the 2008 supplement to the general statutes, 46b-38kk, 47-34a, 47-47, 49-8a, 49-16 or 53-133, [subsection (a) or (b) of section 53-211,] or section 53-212a, 53-249a, 53-252, 53-264, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.

Sec. 34. Subparagraph (A) of subdivision (82) of section 12-412 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(82) (A) The sale of and the storage, use or other consumption of any commercial motor vehicle, as defined in subparagraphs (A) and (B) of subdivision [(13)] (15) of subsection (a) of section 14-1 of the 2008 supplement to the general statutes, as amended by this act, that is operating pursuant to the provisions of section 13b-88 or 13b-89, during the period commencing upon its purchase and ending one year after the date of purchase, provided seventy-five per cent of its revenue from its days in service is derived from out-of-state trips or trips crossing state lines.

Sec. 35. Section 13b-38c of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

The Commissioner of Transportation is authorized to loan funds for the purpose of financing the acquisition of vanpool vehicles, as defined in [subdivision (94) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act, to any person, firm or organization.

Sec. 36. Section 13b-89a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

The recipient of a permit pursuant to section 13b-89, who owns or operates a motor bus, as defined in [subdivision (47) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act, which has an upper and lower deck, may register such motor bus in this state, provided such motor bus complies with manufacturing and safety standards for motor buses established under federal statutes and regulations. The Commissioner of Transportation shall adopt regulations in accordance with this section.

Sec. 37. Subsection (e) of section 14-100a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(e) (1) Any person who transports an individual who remains in a wheelchair while being transferred into and out of a vehicle, in any motor vehicle on the highways of this state, shall provide and require the use of a device designed to secure individuals in wheelchairs while transferring such individuals from the ground to the vehicle and from the time the motor vehicle is brought to a stop until such individuals are transferred from the vehicle to the ground. Such device shall be located in the motor vehicle at all times. The Commissioner of Motor Vehicles may, after consultation with the Departments of Transportation and Public Health, establish regulations to implement the provisions of this section and sections 13b-105 of the 2008 supplement to the general statutes and 14-102a of the 2008 supplement to the general statutes, subsection (d) of section 14-103 of the 2008 supplement to the general statutes, subsection (a) of section 14-275 of the 2008 supplement to the general statutes and subsection (a) of section 19a-180 of the 2008 supplement to the general statutes.

(2) The following motor vehicles registered in this state for the first time on or after October 1, 2007, that transport individuals who remain in wheelchairs while being transported, shall, in addition to the requirements of subdivision (1) of this subsection, install or provide and require the use of a device that secures the wheelchair to the motor vehicle's mechanical lift or otherwise prevents or seeks to prevent an individual in a wheelchair from falling from such mechanical lift or motor vehicle: (A) Motor vehicles in livery service, as defined in section 13b-101, (B) service buses, as defined in [subdivision (77) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act, (C) invalid coaches, as defined in subdivision (11) of section 19a-175, (D) vanpool vehicles, as defined in [subdivision (94) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act, (E) school buses, as defined in [subdivision (73) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act, (F) motor buses, as defined in [subdivision (47) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act, (G) student transportation vehicles, as defined in [subdivision (8) of] section 14-212, and (H) camp vehicles, as defined in [subdivision (98) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act. The provisions of this subsection shall also apply to all motor vehicles used by municipal, volunteer and commercial ambulance services, rescue services and management services, as defined in subdivision (19) of section 19a-175.

(3) Violation of any provision of this subsection is an infraction.

Sec. 38. Subsection (a) of section 38a-363 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) "Injury" means bodily injury, sickness or disease, including death resulting therefrom, accidentally caused and arising out of the ownership, maintenance or use of (1) a private passenger motor vehicle; or (2) a vehicle with a commercial registration, as defined in [subdivision (14) of subsection (a) of] section 14-1 of the 2008 supplement to the general statutes, as amended by this act.

Sec. 39. Section 14-290 of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2008):

(NEW) (d) A vehicle or vehicle combination used exclusively by the state or a municipality, or any authorized agent or contractor of the state or municipality, for the removal of leaves and similar, organic materials from any highway, road or street, shall be exempt from the provisions of sections 14-261, 14-261a and 14-262, provided such vehicle or vehicle combination is being operated by a person who is the holder of a commercial driver's license bearing a "T" endorsement.

Sec. 40. Section 14-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

The Commissioner of Motor Vehicles shall not issue a registration certificate in a name other than that of the owner of the vehicle or issue an operator's license in a name other than that of the applicant for such license, except when the statements made on the application for such certificate or license have been verified by the office of the Chief State's Attorney and such certificate or license is issued for the purposes of law enforcement activities in accordance with regulations adopted by the commissioner pursuant to chapter 54. The office of the Chief State's Attorney shall establish and transmit to the joint standing committee of the General Assembly having cognizance of matters relating to judiciary the proposed criteria to be used by the office of the Chief State's Attorney in such verification. Before such criteria shall be employed by the office of the Chief State's Attorney, said committee shall approve the same in writing. The commissioner is authorized to waive the fee for any registration certificate or operator's license issued in accordance with the provisions of this section.

Sec. 41. Subsections (b) and (c) of section 14-11c of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(b) The Motor Carrier Advisory Council shall consist of the following voting members: The Commissioners of Transportation, Motor Vehicles, Public Safety, Revenue Services, Economic and Community Development and Environmental Protection, or their designees, and any other commissioner of a state agency, or [his] such commissioner's designee, invited to participate. The Commissioner of Motor Vehicles or [his] the commissioner's designee shall organize and serve as [chairman] chairperson of the council. The council shall only make recommendations or take actions by a unanimous vote of all members present and voting. The council may make recommendations as the council deems appropriate to the United States Congress, the Governor or the General Assembly.

(c) The chairperson of the council shall convene a regular meeting semiannually, for the following purposes: (1) Prior to the commencement of each regular session of the General Assembly, the council shall meet concerning legislative proposals of the various state agencies and the representatives of the motor carrier industry; and (2) after the close of each regular session of the General Assembly, the council shall meet concerning the impacts and implementation of any legislation affecting the motor carrier industry. [; and (3) at the call of the chairman, provided the council shall meet, notwithstanding the provisions of subdivisions (1) and (2) of this subsection, at least semiannually] Additional meetings may be convened at the call of the chairperson.

Sec. 42. Subsection (a) of section 14-12g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(a) When a private passenger motor vehicle liability insurance policy has been cancelled and the Commissioner of Motor Vehicles determines that the owner of a registered motor vehicle is in violation of the mandatory security requirements of sections 14-12c and 38a-371, the commissioner shall issue to such owner a notice of suspension of the registration involved, provided the commissioner may decline to issue such notice if the registration of the motor vehicle is cancelled or if the commissioner cannot establish that such violation occurred for a period of more than fourteen days.

Sec. 43. Subdivision (5) of subsection (a) of section 31-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(5) No provision of this chapter, except section 31-254 of the 2008 supplement to the general statutes, shall apply to any of the following types of service or employment, except when voluntarily assumed, as provided in section 31-223:

(A) Service performed by an individual in the employ of his son, daughter or spouse, and service performed by a child under the age of eighteen in the employ of his father or mother;

(B) Service performed in the employ of the United States government, any other state, any town or city of any other state, or any political subdivision or instrumentality of any of them; except that, to the extent that the Congress of the United States permits states to require any instrumentalities of the United States to make contributions to an unemployment fund under a state unemployment compensation law, all of the provisions of this chapter shall be applicable to such instrumentalities and to services performed for such instrumentalities; provided, if this state is not certified for any year by the Secretary of Labor under Section 3304 of the Federal Internal Revenue Code, the contributions required of such instrumentalities with respect to such year shall be refunded by the administrator from the fund in the same manner and within the same period as is provided in sections 31-268, 31-269, 31-270 and 31-271 with respect to contributions erroneously collected;

(C) Service with respect to which unemployment compensation is payable under an unemployment compensation plan established by an Act of Congress, provided the administrator is authorized to enter into agreements with the proper agencies under such Act of Congress, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such Act of Congress, or who have, after acquiring potential rights to unemployment compensation under such Act of Congress, acquired rights to benefits under this chapter, and provided further, in computing benefits the administrator shall disregard all wages paid by employers who fall within the definition of "employer" in Section 1(a) of the Federal Railroad Unemployment Insurance Act;

(D) Service performed in this state or elsewhere with respect to which contributions are required and paid under an unemployment compensation law of any other state;

(E) Service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is fifty dollars or more and such service is performed by an individual who is regularly employed by such employer to perform such service. For purposes of this subparagraph, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if (i) on each of some twenty-four days during such quarter such individual performs for such employer for some portion of the day service not in the course of the employer's trade or business; or (ii) such individual was so employed by such employer in the performance of such service during the preceding calendar quarter;

(F) Service performed in any calendar quarter in the employ of any organization exempt from income tax under Section 501(a) of the Internal Revenue Code or under Section 521 of said code excluding any organization described in Section 401(a) of said code, if the remuneration for such service is less than fifty dollars;

(G) Service performed in the employ of a school, college, or university if such service is performed (i) by a student who is enrolled and is regularly attending classes at such school, college or university, or (ii) by the spouse of such a student, if such spouse is advised at the time such spouse commences to perform such service, that (I) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college or university, and (II) such employment will not be covered by any program of unemployment insurance;

(H) Service performed as a student nurse in the employ of a hospital or a nurses' training school chartered pursuant to state law by an individual who is enrolled and is regularly attending classes in such nurses' training school, and service performed as an intern in the employ of a hospital by an individual who has completed a four years' course in a medical school chartered or approved pursuant to state law;

(I) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

(J) Service performed by an individual who is enrolled, at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers;

(K) Service performed by an individual as an insurance agent, other than an industrial life insurance agent, and service performed by an individual as a real estate salesperson, if all such service is performed for remuneration solely by way of commission;

(L) Service performed in the employ of a hospital, if such service is performed by a patient of the hospital, as defined in subsection (h) of this section;

(M) Service performed by an individual in the employ of any town, city or other political subdivision, provided such service is performed in lieu of payment of any delinquent tax payable to such town, city or other political subdivision; [and]

(N) Service performed by an individual as an outside sales representative of a for-profit travel agency if substantially all of such service is performed outside of any travel agency premises, and all such service is performed for remuneration solely by way of commission. For purposes of this subparagraph, an "outside sales representative" means an individual whose services to a for-profit travel agency are performed under such travel agency's Airlines Reporting Corporation accreditation, or the International Airlines Travel Agent Network endorsement; and

(O) Service performed by the operator of an escort motor vehicle, for an oversize vehicle, overweight vehicle or a vehicle with a load traveling upon any Connecticut highway pursuant to a permit required by section 14-270, and the regulations adopted pursuant to said section, provided the following conditions are met:

(i) The service is provided by an individual operator who is engaged in the business or trade of providing such escort motor vehicle;

(ii) The operator is, and has been, free from control and direction by any other business or other person in connection with the actual performance of such services;

(iii) The operator owns his or her own vehicle, and statutorily required equipment, and exclusively employs this equipment in providing such services; and

(iv) The operator is treated as an independent contractor for all purposes, including, but not limited to, federal and state taxation, workers' compensation, choice of hours worked and choice to accept referrals from multiple entities without consequence.

Sec. 44. Subsection (c) of section 14-275 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(c) Each school bus shall be equipped with special automatic, electrically-operated flashing stop signals, which shall be independent and separate from the braking, stop and tail lights of standard equipment. Such flashing lights may include automatic traffic signalling devices showing red and amber lights and shall be so located that adequate warning will be afforded to both oncoming and overtaking traffic, except that each school bus manufactured on and after October 1, 1984, and registered for use in this state shall be equipped with an eight-light warning system, showing two red flashing stop signals and two amber flashing warning signals on the front and rear of the bus, and a stop semaphore. The commissioner may adopt standards for an eight-light warning system and standards and specifications for the construction of school buses and for equipment to be maintained on school buses consistent with the provisions of sections 14-275 to 14-281, inclusive. Both public and private owners of school buses shall maintain a record of such kinds of repairs made to such buses as the commissioner may require and such work record shall be available at all times to the commissioner and the commissioner's designated assistants. All such maintenance records shall be retained for a period of two years. Each school bus shall be equipped with emergency lighting equipment as provided by section 14-97a, with a defrosting device as provided by section 14-97, with a system of mirrors as provided in the Code of Federal Regulations Title 49, Section 571. 111, as amended, or with an outside mirror as provided by section 14-99 and a system of crossover mirrors designed and mounted so as to give the driver a view of the road from the front bumper forward to a point where direct observation is possible and along the left and right sides of the bus, with a signalling device as provided by section 14-101, and with chain nonskid devices for immediate use on at least one outside or inside rear tire on each side or tires designed to prevent skidding on all rear wheels when weather and highway conditions require such use. Commencing February 1, 1974, each new school bus with a vehicle air brake system shall be so equipped that the brake system is operated from a separate air reservoir tank other than the air reservoir tank used to operate any other compressed air or vacuum operated devices with which the school bus may be equipped. The seating requirements of section 14-273 shall be observed. Notwithstanding the provisions of section 14-98, school buses may be equipped with tires incorporating a metal nonskid device during the period from October fifteenth to April thirtieth, inclusive. Each school bus that is model year 2007 or newer shall be equipped with a crossing control arm mounted on the right end of the front bumper. The commissioner shall establish additional standards and requirements for such devices in regulations adopted in accordance with the provisions of chapter 54.

Sec. 45. Subsection (a) of section 14-36g of the 2008 supplement to the general statutes, as amended by section 4 of public act 08-32, is repealed and the following is substituted in lieu thereof (Effective August 1, 2008):

(a) Each person who holds a motor vehicle operator's license issued on and after August 1, 2008, and who is sixteen or seventeen years of age shall comply with the following requirements:

(1) Except as provided in subsection (b) of this section, for the period of six months after the date of issuance of such license, such person shall not transport more than (A) such person's parents or legal guardian, at least one of whom holds a motor vehicle operator's license, or (B) one passenger who is a driving instructor licensed by the Department of Motor Vehicles, or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the time of being transported, a motor vehicle of the same class as the motor vehicle being operated and who has not had his or her motor vehicle operator's license suspended by the commissioner during such four-year period;

(2) Except as provided in subsection (b) of this section, for the period beginning six months after the date of issuance of such license and ending one year after the date of issuance of such license, such person shall not transport any passenger other than as permitted under subdivision (1) of this subsection and any additional member or members of such person's immediate family;

(3) No such person shall operate any motor vehicle for which a public passenger transportation permit is required in accordance with the provisions of section 14-44 of the 2008 supplement to the general statutes or a vanpool vehicle, as defined in section 14-1 of the 2008 supplement to the general statutes, as amended by this act;

(4) No such person shall transport more passengers in a motor vehicle than the number of seat safety belts permanently installed in such motor vehicle;

(5) No such person issued a motorcycle endorsement shall transport any passenger on a motorcycle for a period of six months after the date of issuance; and

(6) Except as provided in subsection (b) of this section, no such person shall operate a motor vehicle on any highway, as defined in section 14-1 of the 2008 supplement to the general statutes, at or after 11: 00 p. m. until and including 5: 00 a. m. of the following day unless (A) such person is traveling for his or her employment or school or religious activities, (B) there is a medical necessity for such travel, or (C) such person is an assigned driver in a Safe Ride program sponsored by the American Red Cross, the Boy Scouts of America or other national public service organization.

Sec. 46. Section 14-36g of the 2008 supplement to the general statutes, as amended by section 4 of public act 08-32, is amended by adding subsection (e) as follows (Effective August 1, 2008):

(NEW) (e) Notwithstanding the provisions of this section, the provisions of this section in effect July 31, 2008, shall be applicable to any person who is sixteen or seventeen years of age and who has been issued a motor vehicle operator's license prior to August 1, 2008.

Sec. 47. Subdivision (2) of subsection (b) of section 14-111 of the general statutes, as amended by section 6 of public act 08-32, is repealed and the following is substituted in lieu thereof (Effective August 1, 2008):

(2) Notwithstanding the provisions of section 14-111b, whenever the holder of any motor vehicle operator's license who is less than eighteen years of age has been convicted or has forfeited any bond taken or has received a suspended judgment or sentence for any of the following violations, the commissioner shall suspend such person's operator's license as follows: For a first violation of subdivision (4) of subsection (a) of section 14-219, or subdivision (4) of subsection (b) of section 14-219, for a period of sixty days and, for a second violation thereof, for a period of ninety days and, for a third or subsequent violation thereof, for a period of six months; for a first violation of subsection (a) of section 14-222, for a period of six months and, for a subsequent violation thereof, for a period of one year; for a violation of subsection (c) of section 14-224, for a period of six months and, for a subsequent violation thereof, for a period of one year; for a first violation of section 14-296aa, for a period of thirty days and, for a second violation thereof, for a period of ninety days and, for a third or subsequent violation thereof, for a period of six months.

Sec. 48. Section 8 of public act 08-32 is repealed and the following is substituted in lieu thereof (Effective August 1, 2008):

(a) If a police officer issues an infractions complaint to any person for a violation of the provisions of section 14-36g of the 2008 supplement to the general statutes, as amended by this act, the motor vehicle operator's license of such person shall be suspended for a period of forty-eight hours commencing on the date and time such complaint is issued, and such officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately seize and take possession of such person's motor vehicle operator's license and may cause such vehicle to be removed. In order to regain possession of such person's operator's license, after such forty-eight-hour period, such person and, unless such person is emancipated in accordance with the provisions of section 46b-150b, of the general statutes, such person's parent or legal guardian shall appear in person at the police department, state police barracks or other location designated by the police officer, and sign a written acknowledgement of the return of such license. No restoration fee shall be required to be paid to the commissioner, in accordance with the provisions of section 14-50b of the general statutes, but the police officer shall make a written report of the violation and the suspension action, in such form and containing such information as the commissioner shall prescribe, and shall file or transmit such report to the commissioner in such time and manner as the commissioner shall prescribe.

(b) If any person operating a motor vehicle, subject to the provisions of section 14-36g of the 2008 supplement to the general statutes, as amended by this act, is stopped by a police officer and arrested or issued a summons by such officer for (A) violating subdivision (4) of subsection (a) of section 14-219 of the general statutes, as amended by this act, (B) operating a motor vehicle under the influence of alcohol or any drug or both in violation of section 14-227a or 14-227g of the general statutes, (C) engaging in racing a motor vehicle on a public highway in violation of subsection (c) of section 14-224 of the general statutes, or (D) operating a motor vehicle recklessly in violation of section 14-222 of the general statutes, the motor vehicle operator's license of such person shall be suspended for a period of forty-eight hours commencing on the date and time such person is arrested or such summons is issued, and such officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately seize and take possession of such person's motor vehicle operator's license and cause such motor vehicle to be removed. In order to regain possession of such person's operator's license after such forty-eight-hour period, such person and, unless such person is emancipated in accordance with the provisions of section 46b-150b, of the general statutes, such person's parent or legal guardian shall appear in person at the police department, state police barracks or other location designated by the police officer, and sign a written acknowledgement of the return of such license. No restoration fee shall be required to be paid to the commissioner, in accordance with the provisions of section 14-50b of the general statutes, but the police officer shall make a written report of the violation and the suspension action, in such form and containing such information as the commissioner shall prescribe, and shall file or transmit such report to the commissioner in such time and manner as the commissioner shall prescribe.

Sec. 49. Subsection (b) of section 53a-19 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Notwithstanding the provisions of subsection (a) of this section, a person is not justified in using deadly physical force upon another person if he or she knows that he or she can avoid the necessity of using such force with complete safety (1) by retreating, except that the actor shall not be required to retreat if he or she is in his or her dwelling, as defined in section 53a-100, or place of work and was not the initial aggressor, or if he or she is a peace officer or a special policeman appointed under section 29-18b, a Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or a private person assisting such peace officer, [or] special policeman or motor vehicle inspector at his or her direction, and acting pursuant to section 53a-22, or (2) by surrendering possession of property to a person asserting a claim of right thereto, or (3) by complying with a demand that he or she abstain from performing an act which he or she is not obliged to perform.

Sec. 50. Section 53a-22 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) For purposes of this section, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of physical force to make an arrest or to prevent an escape from custody. A peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or an authorized official of the Department of Correction or the Board of Pardons and Paroles who is effecting an arrest pursuant to a warrant or preventing an escape from custody is justified in using the physical force prescribed in subsections (b) and (c) of this section unless such warrant is invalid and is known by such officer to be invalid.

(b) Except as provided in subsection (a) of this section, a peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or authorized official of the Department of Correction or the Board of Pardons and Paroles is justified in using physical force upon another person when and to the extent that he or she reasonably believes such to be necessary to: (1) Effect an arrest or prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense, unless he or she knows that the arrest or custody is unauthorized; or (2) defend himself or herself or a third person from the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.

(c) A peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or authorized official of the Department of Correction or the Board of Pardons and Paroles is justified in using deadly physical force upon another person for the purposes specified in subsection (b) of this section only when he or she reasonably believes such to be necessary to: (1) Defend himself or herself or a third person from the use or imminent use of deadly physical force; or (2) effect an arrest or prevent the escape from custody of a person whom he or she reasonably believes has committed or attempted to commit a felony which involved the infliction or threatened infliction of serious physical injury and if, where feasible, he or she has given warning of his or her intent to use deadly physical force.

(d) Except as provided in subsection (e) of this section, a person who has been directed by a peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or authorized official of the Department of Correction or the Board of Pardons and Paroles to assist such peace officer, special policeman, motor vehicle inspector or official to effect an arrest or to prevent an escape from custody is justified in using reasonable physical force when and to the extent that he or she reasonably believes such to be necessary to carry out such peace officer's, special policeman's, motor vehicle inspector's or official's direction.

(e) A person who has been directed to assist a peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or authorized official of the Department of Correction or the Board of Pardons and Paroles under circumstances specified in subsection (d) of this section may use deadly physical force to effect an arrest or to prevent an escape from custody only when: (1) He or she reasonably believes such to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of deadly physical force; or (2) he or she is directed or authorized by such peace officer, special policeman, motor vehicle inspector or official to use deadly physical force, unless he or she knows that the peace officer, special policeman, motor vehicle inspector or official himself or herself is not authorized to use deadly physical force under the circumstances.

(f) A private person acting on his or her own account is justified in using reasonable physical force upon another person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of an arrested person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense; but he or she is not justified in using deadly physical force in such circumstances, except in defense of person as prescribed in section 53a-19.

Sec. 51. Section 53a-23 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

A person is not justified in using physical force to resist an arrest by a reasonably identifiable peace officer or special policeman appointed under section 29-18b, or a Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, whether such arrest is legal or illegal.

Sec. 52. Section 53a-167a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) A person is guilty of interfering with an officer when such person obstructs, resists, hinders or endangers any peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or firefighter in the performance of such peace officer's, special policeman's or firefighter's duties.

(b) Interfering with an officer is a class A misdemeanor.

Sec. 53. Section 53a-167b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) A person is guilty of failure to assist a peace officer, special policeman, motor vehicle inspector, or firefighter when, commanded by a peace officer, special policeman appointed under section 29-18b, or Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, or firefighter authorized to command assistance, such person refuses to assist such peace officer, special policeman, motor vehicle inspector or firefighter in the execution of such peace officer's, special policeman's or firefighter's duties.

(b) Failure to assist a peace officer, special policeman, motor vehicle inspector or firefighter is a class A misdemeanor.

Sec. 54. Subsection (a) of section 53a-167c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) A person is guilty of assault of public safety or emergency medical personnel when, with intent to prevent a reasonably identifiable peace officer, special policeman appointed under section 29-18b, Department of Motor Vehicles inspector appointed under section 14-8 and certified pursuant to section 7-294d, firefighter or employee of an emergency medical service organization, as defined in section 53a-3 of the 2008 supplement to the general statutes, emergency room physician or nurse, employee of the Department of Correction, member or employee of the Board of Pardons and Paroles, probation officer, employee of the judicial branch assigned to provide pretrial secure detention and programming services to juveniles accused of the commission of a delinquent act, employee of the Department of Children and Families assigned to provide direct services to children and youths in the care or custody of the department, employee of a municipal police department assigned to provide security at the police department's lockup and holding facility or active individual member of a volunteer canine search and rescue team, as defined in section 5-249 of the 2008 supplement to the general statutes, from performing his or her duties, and while such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member is acting in the performance of his or her duties, (1) such person causes physical injury to such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (2) such person throws or hurls, or causes to be thrown or hurled, any rock, bottle, can or other article, object or missile of any kind capable of causing physical harm, damage or injury, at such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (3) such person uses or causes to be used any mace, tear gas or any like or similar deleterious agent against such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (4) such person throws or hurls, or causes to be thrown or hurled, any paint, dye or other like or similar staining, discoloring or coloring agent or any type of offensive or noxious liquid, agent or substance at such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member, or (5) such person throws or hurls, or causes to be thrown or hurled, any bodily fluid including, but not limited to, urine, feces, blood or saliva at such peace officer, special policeman, motor vehicle inspector, firefighter, employee, physician, nurse, member, probation officer or active individual member.

Sec. 55. Section 21-11a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) A scrap metal processor, as defined in section 14-67w, shall record, for all loads of scrap metal purchased or received by such processor, a description of such scrap metal, the weight of such metal, the price paid for such metal and the identification of the person who delivered such metal. Such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the license plate of such vehicle. Such scrap metal processor shall not be required to segregate scrap metal it receives from other materials on its premises and hold the same for five days except for wire that could be used in the transmission of telecommunications or data unless purchased from (1) a person registered pursuant to section 29-402 of the 2008 supplement to the general statutes to engage in the business of demolition of buildings, or (2) a person who has already segregated such scrap metal pursuant to this chapter and such person provides such scrap metal processor with a written statement affirming such segregation. Upon receipt of a load of scrap metal which contains wire that could be used in the transmission of telecommunications or data, such scrap metal processor shall take a photograph of the motor vehicle delivering such scrap metal, including the license plate of such vehicle, and of such load of scrap metal containing wire that could be used in the transmission of telecommunications or data. Upon receipt of wire that could be used in the transmission of telecommunications or data, such scrap metal processor shall make a copy of the certificate of registration of such [person,] vehicle; record a description of the material received; and record a statement as to the location from which the material came.

(b) The scrap metal processor shall maintain the documents, photographs and other records required under subsection (a) of this section in good condition and shall retain such records for a period of not less than two years. Such records shall be open for inspection by law enforcement officials upon request during normal business hours.

(c) A scrap metal processor, junk dealer or junk yard owner or operator shall immediately notify a municipal law enforcement authority in the municipality in which such scrap metal processor, junk dealer or junk yard is located of the name, if known, and motor vehicle license plate number, if available, of any person offering to sell a bronze statue, plaque, historical marker, cannon, cannon ball, bell, lamp, lighting fixture, lamp post, architectural artifact or similar item to such scrap metal processor, junk dealer or junk yard owner or operator.

(d) No scrap metal processor, junk dealer or junk yard owner or operator may purchase or receive a stainless steel or aluminum alloy beer or other beverage keg container if such container is marked with an indicia of ownership of any person or entity other than the person or entity presenting such container for sale. For purposes of this subsection, "indicia of ownership" means words, symbols or a registered trademark printed, stamped, etched, attached or otherwise displayed on such container that identify the owner of such container.

(e) A scrap metal processor who has purchased scrap metal that is subsequently determined to have been stolen and is returned to the owner of such metal shall have a civil cause of action against the person from whom such metal was purchased.

(f) A first violation of subsection (a), (b), (c) or (d) of this section shall be a class C misdemeanor. A second violation of any of said subsections shall be a class B misdemeanor and a third or subsequent violation of any of said subsections shall be a class A misdemeanor.

Sec. 56. Subsection (b) of section 12-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Except as otherwise provided by the general statutes, property subject to this section shall be valued at the same percentage of its then actual valuation as the assessors have determined with respect to the listing of real estate for the same year, except that any antique, rare or special interest motor vehicle, [for which number plates have been issued under section 14-20] as defined in section 14-1, as amended by this act, shall be assessed at a value of not more than five hundred dollars. The provisions of this section shall not include money or property actually invested in merchandise or manufacturing carried on out of this state or machinery or equipment which would be eligible for exemption under subdivision (72) of section 12-81 of the 2008 supplement to the general statutes once installed and which cannot begin or which has not begun manufacturing, processing or fabricating; or which is being used for research and development, including experimental or laboratory research and development, design or engineering directly related to manufacturing or being used for the significant servicing, overhauling or rebuilding of machinery and equipment for industrial use or the significant overhauling or rebuilding of other products on a factory basis or being used for measuring or testing or metal finishing or in the production of motion pictures, video and sound recordings.

Sec. 57. Section 14-36 of the 2008 supplement to the general statutes is amended by adding subsection (g) as follows (Effective October 1, 2008):

(NEW) (g) The commissioner may place a restriction on the motor vehicle operator's license of any person or on any special operator's permit issued to any person in accordance with the provisions of section 14-37a, as amended by this act, that restricts the holder of such license or permit to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, for such time as the commissioner shall prescribe, if such person has been: (1) Convicted for a second time of a violation of subdivision (2) of subsection (a) of section 14-227a, and has served not less than one year of the prescribed period of suspension for such conviction, in accordance with the provisions of subsections (g) and (i) of section 14-227a; (2) ordered by the Superior Court not to operate any motor vehicle unless it is equipped with an approved ignition interlock device, in accordance with the provisions of section 14-227j; (3) granted a reversal or reduction of such person's license suspension or revocation, in accordance with the provisions of subsection (k) of section 14-111, as amended by this act; (4) issued a motor vehicle operator's license upon the surrender of an operator's license issued by another state and such previously held license contains a restriction to the operation of a motor vehicle equipped with an ignition interlock device; (5) convicted of a violation of section 53a-56b, as amended by this act, or section 53a-60d, as amended by this act; or (6) permitted by the commissioner to be issued or to retain an operator's license subject to reporting requirements concerning such person's physical condition, in accordance with the provisions of subsection (e) of this section and sections 14-45a to 14-46g, inclusive.

Sec. 58. Section 14-37a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(a) Any person whose operator's license has been suspended pursuant to any provision of this chapter or chapter 248, except pursuant to section 14-215 of the 2008 supplement to the general statutes for operating under suspension or pursuant to section 14-140 for failure to appear for [trial] any scheduled court appearance, and any person identified in subsection (g) of this section may make application to the Commissioner of Motor Vehicles for a special permit to operate a motor vehicle to and from such person's place of employment or, if such person is not employed at a fixed location, to operate a motor vehicle only in connection with, and to the extent necessary, to properly perform such person's business or profession.

(b) The commissioner may, in the commissioner's discretion upon a showing of significant hardship, grant each such application that is submitted in proper form and contains such information and attestation by the applicant as the commissioner may require. In determining whether to grant such application, the commissioner may also consider the driving record of the applicant and shall ascertain that the suspension is a final order that is not under appeal pursuant to section 4-183. A special operator's permit shall not be issued pursuant to this section to any person for the operation of a motor vehicle for which a public passenger transportation permit or commercial driver's license is required or to any person whose operator's license has been suspended previously pursuant to section 14-227a or 14-227b. A special operator's permit shall not be issued pursuant to this section to any person whose operator's license has been suspended pursuant to subparagraph (C) of subdivision (1) of subsection (i) of section 14-227b for refusing to submit to a blood, breath or urine test or analysis until such operator's license has been under suspension for a period of not less than ninety days. A person shall not be ineligible to be issued a special operator's permit under this section solely on the basis of being convicted of two violations of section 14-227a unless such second conviction is for a violation committed after a prior conviction.

(c) A special operator's permit issued pursuant to this section shall be of a distinctive format and shall include the expiration date and the legend "work only".

(d) Any person issued a special operator's permit pursuant to this section who operates a motor vehicle during the period of the permit for a purpose not authorized by the conditions of the permit shall, upon receipt of written report of a police officer, in such form as the commissioner may prescribe, of such unauthorized operation, be subject to a civil penalty of not more than five hundred dollars. Any person who makes improper use of a special operator's permit issued pursuant to this section or in any manner alters any such permit or who loans or sells such permit for use by another person shall be subject to the penalties provided by section 14-147.

(e) If a person issued a special operator's permit pursuant to this section has his operator's license suspended by the commissioner in connection with any motor vehicle violation or other offense for which suspension action is authorized, the special operator's permit shall be deemed revoked on the effective date of such suspension, and any such person with notice of the suspension who operates a motor vehicle shall be operating under suspension and shall be subject to double the penalties provided by the applicable provisions of subsection (b) of section 14-111 of the 2008 supplement to the general statutes, as amended by this act, and section 14-215 of the 2008 supplement to the general statutes.

(f) Any decision made by the commissioner under this section shall not be subject to appeal pursuant to the provisions of chapter 54 or any other provisions of the general statutes.

(g) Any person who is an applicant for a motor vehicle operator's license and whose license or privilege to operate a motor vehicle has been restricted by any other state in a manner that the commissioner deems to be substantially similar to the restrictions imposed by a special operator's permit issued in accordance with this section, may, in the discretion of the commissioner, be issued an operator's license together with a special operator's permit. The special operator's permit shall be required to be held by such person for such time as the commissioner prescribes.

[(g)] (h) The commissioner may adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.

Sec. 59. Subsection (b) of section 53a-56b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Manslaughter in the second degree with a motor vehicle is a class C felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

Sec. 60. Subsection (b) of section 53a-60d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Assault in the second degree with a motor vehicle is a class D felony and the court shall suspend the motor vehicle operator's license or nonresident operating privilege of any person found guilty under this section for one year. The court shall also order such person not to operate any motor vehicle that is not equipped with an approved ignition interlock device, as defined in section 14-227j, for a period of two years after such person's operator's license or nonresident operating privilege is restored by the Commissioner of Motor Vehicles.

Sec. 61. Subsection (b) of section 42-150u of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

(b) The provisions of subsection (a) of this section shall not apply to (1) contracts between a consumer and an agency of the state or any political subdivision of the state or of the federal government, (2) negotiable instruments, [and] (3) contract provisions for late fees, prepayment penalties or default interest rates, and (4) contracts originated or held by a person, firm or corporation licensed by the Department of Motor Vehicles in accordance with the provisions of sections 14-52 or 14-67a.

Sec. 62. Section 14-111 of the general statutes is amended by adding subsection (l) as follows (Effective October 1, 2008):

(NEW) (l) Any person whose motor vehicle operator's license is suspended by the commissioner and whose license is subsequently restricted to the operation of a motor vehicle that is equipped with an approved, ignition interlock device who fails to comply with the requirements for the installation and use of such device in a motor vehicle owned or operated by such person, as set forth in regulations adopted by the commissioner in accordance with the provisions of subsection (i) of section 14-227a, shall be subject to the resuspension of such person's operator's license for such period of time, not to exceed the period of the original suspension, as the commissioner may prescribe.

Sec. 63. (Effective October 1, 2008) Section 53-211 of the general statutes is repealed. "

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2008

14-1

Sec. 2

October 1, 2008

14-212

Sec. 3

October 1, 2008

14-10

Sec. 4

October 1, 2008

14-12(a)

Sec. 5

October 1, 2008

14-16a(b)

Sec. 6

October 1, 2008

14-34a(d)

Sec. 7

October 1, 2008

14-44e(g)

Sec. 8

October 1, 2008

14-42a(b)

Sec. 9

October 1, 2008

14-49(w)

Sec. 10

October 1, 2008

14-67l

Sec. 11

October 1, 2008

14-73

Sec. 12

October 1, 2008

14-105(a)

Sec. 13

October 1, 2008

14-164i

Sec. 14

October 1, 2008

14-171(c)

Sec. 15

October 1, 2008

14-192(c)

Sec. 16

October 1, 2008

14-286

Sec. 17

October 1, 2008

14-289g(a)

Sec. 18

October 1, 2008

New section

Sec. 19

October 1, 2008

14-163d

Sec. 20

October 1, 2008

14-36a(b)

Sec. 21

October 1, 2008

14-65a

Sec. 22

October 1, 2008

14-188

Sec. 23

October 1, 2008

14-276a(d)

Sec. 24

October 1, 2008

New section

Sec. 25

October 1, 2008

New section

Sec. 26

from passage

14-165

Sec. 27

from passage

14-25b

Sec. 28

October 1, 2008

New section

Sec. 29

from passage

14-65

Sec. 30

January 1, 2009

1-1h(a) and (b)

Sec. 31

October 1, 2008

14-106

Sec. 32

October 1, 2008

14-300

Sec. 33

October 1, 2008

51-164n(b)

Sec. 34

October 1, 2008

12-412(82)(A)

Sec. 35

October 1, 2008

13b-38c

Sec. 36

October 1, 2008

13b-89a

Sec. 37

October 1, 2008

14-100a(e)

Sec. 38

October 1, 2008

38a-363(a)

Sec. 39

October 1, 2008

14-290

Sec. 40

July 1, 2008

14-11a

Sec. 41

July 1, 2008

14-11c(b) and (c)

Sec. 42

July 1, 2008

14-12g(a)

Sec. 43

from passage

31-222(a)(5)

Sec. 44

October 1, 2008

14-275(c)

Sec. 45

August 1, 2008

14-36g(a)

Sec. 46

August 1, 2008

14-36g

Sec. 47

August 1, 2008

14-111(b)(2)

Sec. 48

August 1, 2008

PA 08-32, Sec. 8

Sec. 49

October 1, 2008

53a-19(b)

Sec. 50

October 1, 2008

53a-22

Sec. 51

October 1, 2008

53a-23

Sec. 52

October 1, 2008

53a-167a

Sec. 53

October 1, 2008

53a-167b

Sec. 54

October 1, 2008

53a-167c(a)

Sec. 55

October 1, 2008

21-11a

Sec. 56

October 1, 2008

12-71(b)

Sec. 57

October 1, 2008

14-36

Sec. 58

October 1, 2008

14-37a

Sec. 59

October 1, 2008

53a-56b(b)

Sec. 60

October 1, 2008

53a-60d(b)

Sec. 61

July 1, 2008

42-150u(b)

Sec. 62

October 1, 2008

14-111

Sec. 63

October 1, 2008

Repealer section

On motion of Senator DeFronzo of the 6th, the bill as amended by Senate Amendment Schedule “A” (LCO 5507) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

MATTERS RETURNED FROM COMMITTEE

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.

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 167

(RAISED) (File No. 154) AN ACT REQUIRING A STUDY OF THE FEASIBILITY OF ESTABLISHING A STATE CATASTROPHE FUND.

Senator Crisco of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 5357) and moved adoption.

Remarking were Senators McKinney of the 28th, Prague of the 19th and Looney of the 11th.

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 (k) of section 38a-514 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2009):

(k) In the case of benefits based upon confinement in a residential treatment facility, such benefits shall be payable [only] in situations in which [(A) the insured has a serious mental illness which substantially impairs the person's thought, perception of reality, emotional process, or judgment or grossly impairs behavior as manifested by recent disturbed behavior, (B) the insured has been confined in a hospital for such illness for a period of at least three days immediately preceding such confinement in a residential treatment facility, and (C) such illness would otherwise necessitate continued confinement in a hospital if such care and treatment were not available through a residential treatment center for children and adolescents] the insured has a serious mental or nervous condition that substantially impairs the insured's thoughts, perception of reality, emotional process or judgment or grossly impairs the behavior of the insured, and, upon an assessment of the insured by a physician, psychiatrist, psychologist or clinical social worker, cannot appropriately, safely or effectively be treated in an acute care, partial hospitalization, intensive outpatient or outpatient setting. "

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2009

38a-514(k)

On motion of Senator Crisco of the 17th, the bill as amended by Senate Amendment Schedule “A” (LCO 5357) was placed on the Consent Calendar.

APPROPRIATIONS. S. B. No. 483 (RAISED) (File No. 267) AN ACT PROMOTING PATIENT SAFETY AND ACCESS TO PROVIDER INFORMATION BY EXTENDING THE STATE PHYSICIAN PROFILE TO CERTAIN OTHER HEALTH CARE PROVIDERS. (As amended by Senate Amendment Schedule "A").

Senator McDonald of the 27th explained the bill as amended, offered Senate Amendment Schedule “B” (LCO 5371) and moved adoption.

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. (NEW) (Effective January 1, 2010) (a) For the purposes of this section:

(1) "Department" means the Department of Public Health;

(2) "Physician" means a physician licensed pursuant to chapter 370 of the general statutes; and

(3) "Health care provider" means: (A) A dentist licensed under chapter 379 of the general statutes; (B) a chiropractor licensed under chapter 372 of the general statutes; (C) an optometrist licensed under chapter 380 of the general statutes; (D) a podiatrist licensed under chapter 375 of the general statutes; (E) a natureopath licensed under chapter 373 of the general statutes; (F) a dental hygienist licensed under chapter 379a of the general statutes; (G) an advanced practice registered nurse licensed under chapter 378 of the general statutes; or (H) a physical therapist licensed under chapter 376 of the general statutes. "Health care provider" does not include a physician.

(b) The department, after consultation with the Connecticut Medical Examining Board, the Connecticut State Medical Society, or any other appropriate state board, shall, within available appropriations, collect the following information to create an individual profile on each health care provider for dissemination to the public:

(1) The name of any medical or dental school, chiropractic college, school or college of optometry, school or college of chiropody or podiatry, school or college of natureopathy, school of dental hygiene, school of physical therapy or other school or institution giving instruction in the healing arts attended by the health care provider and the date of graduation;

(2) The site, training, discipline and inclusive dates of any completed postgraduate education or other professional education required pursuant to the applicable licensure section of the general statutes;

(3) The area of the health care provider's practice specialty;

(4) The address of the health care provider's primary practice location or primary practice locations, if more than one;

(5) A list of languages, other than English, spoken at the health care provider's primary practice locations;

(6) An indication of any disciplinary action taken against the health care provider by the department, the appropriate state board or any professional licensing or disciplinary body in another jurisdiction;

(7) Any current certifications issued to the health care provider by a specialty board of the health care provider's profession recognized by the department;

(8) The hospitals and nursing homes at which the health care provider has been granted privileges;

(9) Any appointments of the physician to a Connecticut medical or dental school faculty or the faculty of any other school or institution giving instruction in the healing arts and an indication as to whether the health care provider has current responsibility for graduate professional education;

(10) A listing of the health care provider's publications in peer reviewed literature;

(11) A listing of the health care provider's professional services, activities and awards;

(12) Any hospital disciplinary actions against the health care provider that resulted, within the past ten years, in the termination or revocation of the health care provider's hospital privileges for a professional disciplinary cause or reason, or the resignation from, or nonrenewal of, professional staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to professional competence in such hospital;

(13) A description of any criminal conviction of the health care provider for a felony within the last ten years. For the purposes of this subdivision, a health care provider shall be deemed to be convicted of a felony if the health care provider pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction or has been convicted of a felony by the entry of a plea of nolo contendere;

(14) To the extent available, and consistent with the provisions of subsection (c) of this section, all professional malpractice court judgments and all professional malpractice arbitration awards against the health care provider in which a payment was awarded to a complaining party during the last ten years, and all settlements of professional malpractice claims against the health care provider in which a payment was made to a complaining party within the last ten years;

(15) An indication as to whether the health care provider is actively involved in patient care; and

(16) The name of the health care provider's professional liability insurance carrier.

(c) Any report of a professional malpractice judgment or award against a health care provider made under subdivision (14) of subsection (b) of this section shall comply with the following: (1) Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement; (2) information concerning paid professional malpractice claims shall be placed in context by comparing an individual health care provider's professional malpractice judgments, awards and settlements to the experience of other health care providers licensed in Connecticut who perform procedures and treat patients with a similar degree of risk; (3) all judgment award and settlement information reported shall be limited to amounts actually paid by or on behalf of the health care provider; and (4) comparisons of professional malpractice payment data shall be accompanied by (A) an explanation of the fact that health care providers treating certain patients and performing certain procedures are more likely to be the subject of litigation than others and that the comparison given is for health care providers who perform procedures and treat patients with a similar degree of risk; (B) a statement that the report reflects data for the last ten years and the recipient should take into account the number of years the health care provider has been in practice when considering the data; (C) an explanation that an incident giving rise to a professional malpractice claim may have occurred years before any payment was made due to the time lawsuits take to move through the legal system; (D) an explanation of the effect of treating high-risk patients on a health care provider's professional malpractice history; and (E) an explanation that professional malpractice cases may be settled for reasons other than liability and that settlements are sometimes made by the insurer without the health care provider's consent. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care provider. A payment in settlement of a professional malpractice action or claim should not be construed as creating a presumption that professional malpractice has occurred. "

(d) Pending professional malpractice claims against a health care provider and actual amounts paid by or on behalf of a health care provider in connection with a professional malpractice judgment, award or settlement shall not be disclosed by the department to the public. This subsection shall not be construed to prevent the department from investigating and disciplining a health care provider on the basis of professional malpractice claims that are pending.

(e) Prior to the initial release of a health care provider's profile to the public, the department shall provide the health care provider with a copy of the health care provider's profile. Additionally, any amendments or modifications to the profile that were not supplied by the health care provider or not generated by the department itself shall be provided to the health care provider for review prior to release to the public. A health care provider shall have sixty days from the date the department mails or delivers the prepublication copy to dispute the accuracy of any information that the department proposes to include in such profile and to submit a written statement setting forth the basis for such dispute. If a health care provider does not notify the department that the health care provider disputes the accuracy of such information within such sixty-day period, the department shall make the profile available to the public and the health care provider shall be deemed to have approved the profile and all information contained in the profile. If a health care provider notifies the department that the health care provider disputes the accuracy of such information in accordance with this subsection, the health care provider's profile shall be released to the public without the disputed information, but with a statement to the effect that information in the identified category is currently the subject of a dispute and is therefore not currently available. Not later than thirty days after the department's receipt of notice of a dispute, the department shall review any information submitted by the health care provider in support of such dispute and determine whether to amend the information contained in the profile. In the event that the department determines not to amend the disputed information, the disputed information shall be included in the profile with a statement that such information is disputed by the health care provider.

(f) A health care provider may elect to have the health care provider's profile omit information provided pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section. In collecting information for such profiles and in the dissemination of such profiles, the department shall inform health care providers that they may choose not to provide the information described in said subdivisions (9) to (11), inclusive.

(g) Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating a health care provider. This profile should not, however, be your sole basis for selecting a health care provider. "

(h) The department shall maintain a web site on the Internet, within available appropriations, for use by the public in obtaining profiles of health care providers.

(i) No state law that would otherwise prohibit, limit or penalize disclosure of information about a health care provider shall apply to disclosure of information required by this section.

(j) All information provided by a health care provider pursuant to this section shall be subject to the penalty for false statement under section 53a-157b of the general statutes.

(k) Except for the information in subdivisions (1), (2), (10) and (11) of subsection (b) of this section, a health care provider shall notify the department of any changes to the information required in subsection (b) of this section not later than sixty days after such change.

Sec. 2. Section 20-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

The Board of Chiropractic Examiners may take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes for any of the following reasons: (1) The employment of fraud or deception in obtaining a license, (2) habitual intemperance in the use of ardent spirits, narcotics or stimulants to such an extent as to incapacitate the user for the performance of professional duties, (3) violation of any provisions of this chapter or regulations adopted hereunder, (4) engaging in fraud or material deception in the course of professional services or activities, (5) physical or mental illness, emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process, (6) illegal, incompetent or negligent conduct in the practice of chiropractic, [or] (7) failure to maintain professional liability insurance or other indemnity against liability for professional malpractice as provided in subsection (a) of section 20-28b, or (8) failure to provide information requested by the Department of Public Health for the purposes of completing a health care provider profile, as required by section 1 of this act. Any practitioner against whom any of the foregoing grounds for action under said section 19a-17 of the 2008 supplement to the general statutes are presented to said board shall be furnished with a copy of the complaint and shall have a hearing before said board. The hearing shall be conducted in accordance with the regulations established by the Commissioner of Public Health. Said board may, at any time within two years of such action, by a majority vote, rescind such action. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the 2008 supplement to the general statutes.

Sec. 3. Section 20-40 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

Said department may refuse to grant a license to practice natureopathy or may take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes for any of the following reasons: (1) The employment of fraud or material deception in obtaining a license, (2) habitual intemperance in the use of ardent spirits, narcotics or stimulants to such an extent as to incapacitate the user for the performance of professional duties, (3) violations of the provisions of this chapter or regulations adopted hereunder, (4) engaging in fraud or material deception in the course of professional services or activities, (5) physical or mental illness, emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process, (6) illegal, incompetent or negligent conduct in his or her practice, [or] (7) failure to maintain professional liability insurance or other indemnity against liability for professional malpractice as provided in subsection (a) of section 20-39a, or (8) failure to provide information requested by the Department of Public Health for the purposes of completing a health care provider profile, as required by section 1 of this act. Any applicant for a license to practice natureopathy or any practitioner against whom any of the foregoing grounds for refusing a license or action under said section 19a-17 of the 2008 supplement to the general statutes are presented to said board shall be furnished with a copy of the complaint and shall have a hearing before said board in accordance with the regulations adopted by the Commissioner of Public Health. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the 2008 supplement to the general statutes.

Sec. 4. Section 20-59 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

The board may take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes for any of the following reasons: (1) Procurement of a license by fraud or material deception; (2) conviction in a court of competent jurisdiction, either within or without this state, of any crime in the practice of podiatry; (3) fraudulent or deceptive conduct in the course of professional services or activities; (4) illegal or incompetent or negligent conduct in the practice of podiatry; (5) habitual intemperance in the use of spirituous stimulants or addiction to the use of morphine, cocaine or other drugs having a similar effect; (6) aiding and abetting the practice of podiatry by an unlicensed person or a person whose license has been suspended or revoked; (7) mental illness or deficiency of the practitioner; (8) physical illness or loss of motor skill, including but not limited to, deterioration through the aging process, of the practitioner; (9) undertaking or engaging in any medical practice beyond the privileges and rights accorded to the practitioner of podiatry by the provisions of this chapter; (10) failure to maintain professional liability insurance or other indemnity against liability for professional malpractice as provided in subsection (a) of section 20-58a; (11) independently engaging in the performance of ankle surgery procedures without a permit, in violation of section 20-54 of the 2008 supplement to the general statutes; [or] (12) violation of any provision of this chapter or any regulation adopted hereunder; or (13) failure to provide information requested by the Department of Public Health for the purposes of completing a health care provider profile, as required by section 1 of this act. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the 2008 supplement to the general statutes. The clerk of any court in this state in which a person practicing podiatry has been convicted of any crime shall, upon such conviction, make written report, in duplicate, to the Department of Public Health of the name and residence of such person, the crime of which such person was convicted and the date of conviction; and said department shall forward one of such duplicate reports to the board.

Sec. 5. Subsection (a) of section 20-73a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) The Board of Examiners for Physical Therapists shall have jurisdiction to hear all charges of conduct that fails to conform to the accepted standards of the practice of physical therapy brought against any person licensed as a physical therapist or physical therapist assistant and, after holding a hearing, written notice of which shall be given to the person complained of, the board, if it finds such person to be guilty, may revoke or suspend such person's license or take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes. Any proceedings relative to such action may be begun by the filing of written charges with the Commissioner of Public Health. The causes for which such action may be taken are as follows: (1) Conviction in a court of competent jurisdiction, either within or without this state, of any crime in the practice of such person's profession; (2) illegal, incompetent or negligent conduct in the practice of physical therapy or in the supervision of a physical therapist assistant; (3) aiding or abetting the unlawful practice of physical therapy; (4) treating human ailments by physical therapy without the oral or written referral by a person licensed in this state or in a state having licensing requirements meeting the approval of the appropriate examining board in this state to practice medicine and surgery, podiatry, natureopathy, chiropractic or dentistry if such referral is required pursuant to section 20-73; (5) failure to register with the Department of Public Health as required by law; (6) fraud or deception in obtaining a license; (7) engaging in fraud or material deception in the course of professional services or activities; (8) failure to comply with the continuing education requirements of section 20-73b of the 2008 supplement to the general statutes; [or] (9) violation of any provision of this chapter, or any regulation adopted under this chapter; or (10) failure to provide information requested by the department for the purposes of completing a health care provider profile, as required by section 1 of this act.

Sec. 6. Subsection (b) of section 20-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(b) Conduct which fails to conform to the accepted standards of the nursing profession includes, but is not limited to, the following: (1) Fraud or material deception in procuring or attempting to procure a license to practice nursing; (2) illegal conduct, incompetence or negligence in carrying out usual nursing functions; (3) physical illness or loss of motor skill, including but not limited to deterioration through the aging process; (4) emotional disorder or mental illness; (5) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; (6) fraud or material deception in the course of professional services or activities; (7) wilful falsification of entries in any hospital, patient or other record pertaining to drugs, the results of which are detrimental to the health of a patient; [and] (8) conviction of the violation of any of the provisions of this chapter by any court of criminal jurisdiction; and (9) with respect to an advanced practice registered nurse, failure to provide information requested by the department for the purposes of completing a health care provider profile, as required by section 1 of this act. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the 2008 supplement to the general statutes.

Sec. 7. Subsection (a) of section 20-114 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) The Dental Commission may take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes for any of the following causes: (1) The presentation to the [department] Department of Public Health of any diploma, license or certificate illegally or fraudulently obtained, or obtained from an institution that is not reputable or from an unrecognized or irregular institution or state board, or obtained by the practice of any fraud or deception; (2) proof that a practitioner has become unfit or incompetent or has been guilty of cruelty, incompetence, negligence or indecent conduct toward patients; (3) conviction of the violation of any of the provisions of this chapter by any court of criminal jurisdiction, provided no action shall be taken under section 19a-17 of the 2008 supplement to the general statutes because of such conviction if any appeal to a higher court has been filed until the appeal has been determined by the higher court and the conviction sustained; (4) the employment of any unlicensed person for other than mechanical purposes in the practice of dental medicine or dental surgery subject to the provisions of section 20-122a; (5) the violation of any of the provisions of this chapter or of the regulations adopted hereunder or the refusal to comply with any of said provisions or regulations; (6) the aiding or abetting in the practice of dentistry, dental medicine or dental hygiene of a person not licensed to practice dentistry, dental medicine or dental hygiene in this state; (7) designating a limited practice, except as provided in section 20-106a; (8) engaging in fraud or material deception in the course of professional activities; (9) the effects of physical or mental illness, emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process, upon the license holder; (10) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; (11) failure to comply with the continuing education requirements set forth in section 20-126c; [or] (12) failure of a holder of a dental anesthesia or conscious sedation permit to successfully complete an on-site evaluation conducted pursuant to subsection (c) of section 20-123b; or (13) failure to provide information requested by the department for the purposes of completing a health care provider profile, as required by section 1 of act. A violation of any of the provisions of this chapter by any unlicensed employee in the practice of dentistry or dental hygiene, with the knowledge of the employer, shall be deemed a violation by the employer. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the 2008 supplement to the general statutes.

Sec. 8. Subsection (a) of section 20-126o of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

(a) The Department of Public Health may take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes for any of the following causes: (1) The presentation to the department of any diploma, license or certificate illegally or fraudulently obtained, or obtained from an institution that is not accredited or from an unrecognized or irregular institution or state board, or obtained by the practice of any fraud or deception; (2) illegal conduct; (3) negligent, incompetent or wrongful conduct in professional activities; (4) conviction of the violation of any of the provisions of sections 20-126h to 20-126w, inclusive, by any court of criminal jurisdiction; (5) the violation of any of the provisions of said sections or of the regulations adopted hereunder or the refusal to comply with any of said provisions or regulations; (6) the aiding or abetting in the practice of dental hygiene of a person not licensed to practice dental hygiene in this state; (7) engaging in fraud or material deception in the course of professional activities; (8) the effects of physical or mental illness, emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process, upon the license holder; [or] (9) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; or (10) failure to provide information requested by the department for the purposes of completing a health care provider profile, as required by section 1 of this act. A violation of any of the provisions of sections 20-126h to 20-126w, inclusive, by any unlicensed employee in the practice of dental hygiene, with the knowledge of his employer, shall be deemed a violation thereof by his employer. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to said section 19a-17 of the 2008 supplement to the general statutes.

Sec. 9. Section 20-133 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2010):

The board may take any of the actions set forth in section 19a-17 of the 2008 supplement to the general statutes after notice and hearing, for any of the following reasons: (1) Conviction in a court of competent jurisdiction, either within or without this state, of any crime in the practice of optometry; (2) illegal or incompetent or negligent conduct in the practice of optometry; (3) publication or circulation of any fraudulent or misleading statement; (4) aiding or abetting the practice of optometry by an unlicensed person or a person whose license has been suspended or revoked; (5) presentation to the department of any diploma, license or certificate illegally or fraudulently obtained, or from an unrecognized or irregular institution or state board, or obtained by the practice of any fraud or deception; (6) violation of any provision of this chapter or any regulation adopted hereunder; (7) the effects of physical or mental illness, emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process, upon the practitioner; (8) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; [or] (9) failure to maintain professional liability insurance or other indemnity against liability for professional malpractice as required by section 20-133b; or (10) failure to provide information requested by the Department of Public Health for the purposes of completing a health care provider profile, as required by section 1 of this act. The Commissioner of Public Health may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the 2008 supplement to the general statutes. The license of any optometrist who peddles optical goods, or solicits orders therefor, from door to door, or who establishes a temporary office, may be revoked, and said department may refuse to renew such license. The license of any optometrist who employs solicitors or obtains money by fraud or misrepresentation in connection with the conduct of the profession of optometry shall be revoked, and said department shall not renew such license. The violation of any of the provisions of this chapter by any unlicensed employee in the employ of an optometrist, with the knowledge of his employer, shall be deemed to be a violation thereof by his employer; and continued violation by such an unlicensed employee shall be deemed prima facie knowledge on the part of such employer. Nothing [herein contained] in this section shall be construed as prohibiting the conducting of clinics or visual surveys when they are conducted without profit. "

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2010

New section

Sec. 2

January 1, 2010

20-29

Sec. 3

January 1, 2010

20-40

Sec. 4

January 1, 2010

20-59

Sec. 5

January 1, 2010

20-73a(a)

Sec. 6

January 1, 2010

20-99(b)

Sec. 7

January 1, 2010

20-114(a)

Sec. 8

January 1, 2010

20-126o(a)

Sec. 9

January 1, 2010

20-133

Senator Kissel of the 7th offered Senate Amendment Schedule “C” (LCO 4956) and moved adoption.

Remarking was Senator McDonald of the 27th.

On a voice vote the amendment was rejected.

The following is the Amendment.

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

"Section 1. (NEW) (Effective January 1, 2010) (a) For the purposes of this section:

(1) "Department" means the Department of Public Health;

(2) "Physician" means a physician licensed pursuant to chapter 370 of the general statutes; and

(3) "Health care provider" means: (A) A dentist licensed under chapter 379 of the general statutes; (B) a chiropractor licensed under chapter 372 of the general statutes; (C) an optometrist licensed under chapter 380 of the general statutes; (D) a podiatrist licensed under chapter 375 of the general statutes; (E) a natureopath licensed under chapter 373 of the general statutes; (F) a dental hygienist licensed under chapter 379a of the general statutes; (G) an advanced practice registered nurse licensed under chapter 378 of the general statutes; or (H) a physical therapist licensed under chapter 376 of the general statutes. "Health care provider" does not include a physician.

(b) The department, after consultation with the Connecticut Medical Examining Board, the Connecticut State Medical Society, or any other appropriate state board, shall, within available appropriations, collect the following information to create an individual profile on each health care provider for dissemination to the public:

(1) The name of any medical or dental school, chiropractic college, school or college of optometry, school or college of chiropody or podiatry, school or college of natureopathy, school of dental hygiene, school of physical therapy or other school or institution giving instruction in the healing arts attended by the health care provider and the date of graduation;

(2) The site, training, discipline and inclusive dates of any completed postgraduate education or other professional education required pursuant to the applicable licensure section of the general statutes;

(3) The area of the health care provider's practice specialty;

(4) The address of the health care provider's primary practice location or primary practice locations, if more than one;

(5) A list of languages, other than English, spoken at the health care provider's primary practice locations;

(6) An indication of any disciplinary action taken against the health care provider by the department, the appropriate state board or any professional licensing or disciplinary body in another jurisdiction;

(7) Any current certifications issued to the health care provider by a specialty board of the health care provider's profession recognized by the department;

(8) The hospitals and nursing homes at which the health care provider has been granted privileges;

(9) Any appointments of the physician to a Connecticut medical or dental school faculty or the faculty of any other school or institution giving instruction in the healing arts and an indication as to whether the health care provider has current responsibility for graduate professional education;

(10) A listing of the health care provider's publications in peer reviewed literature;

(11) A listing of the health care provider's professional services, activities and awards;

(12) Any hospital disciplinary actions against the health care provider that resulted, within the past ten years, in the termination or revocation of the health care provider's hospital privileges for a professional disciplinary cause or reason, or the resignation from, or nonrenewal of, professional staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to professional competence in such hospital;

(13) A description of any criminal conviction of the health care provider for a felony within the last ten years. For the purposes of this subdivision, a health care provider shall be deemed to be convicted of a felony if the health care provider pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction or has been convicted of a felony by the entry of a plea of nolo contendere;

(14) To the extent available, and consistent with the provisions of subsection (c) of this section, all professional malpractice court judgments and all professional malpractice arbitration awards against the health care provider in which a payment was awarded to a complaining party during the last ten years, and all settlements of professional malpractice claims against the health care provider in which a payment was made to a complaining party within the last ten years;

(15) An indication as to whether the health care provider is actively involved in patient care; and

(16) The name of the health care provider's professional liability insurance carrier.

(c) Any report of a professional malpractice judgment or award against a health care provider made under subdivision (14) of subsection (b) of this section shall comply with the following: (1) Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement; (2) information concerning paid professional malpractice claims shall be placed in context by comparing an individual health care provider's professional malpractice judgments, awards and settlements to the experience of other health care providers licensed in Connecticut who perform procedures and treat patients with a similar degree of risk; (3) all judgment award and settlement information reported shall be limited to amounts actually paid by or on behalf of the health care provider; and (4) comparisons of professional malpractice payment data shall be accompanied by (A) an explanation of the fact that health care providers treating certain patients and performing certain procedures are more likely to be the subject of litigation than others and that the comparison given is for health care providers who perform procedures and treat patients with a similar degree of risk; (B) a statement that the report reflects data for the last ten years and the recipient should take into account the number of years the health care provider has been in practice when considering the data; (C) an explanation that an incident giving rise to a professional malpractice claim may have occurred years before any payment was made due to the time lawsuits take to move through the legal system; (D) an explanation of the effect of treating high-risk patients on a health care provider's professional malpractice history; and (E) an explanation that professional malpractice cases may be settled for reasons other than liability and that settlements are sometimes made by the insurer without the health care provider's consent. Information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care provider. A payment in settlement of a professional malpractice action or claim should not be construed as creating a presumption that professional malpractice has occurred. "

(d) Pending professional malpractice claims against a health care provider and actual amounts paid by or on behalf of a health care provider in connection with a professional malpractice judgment, award or settlement shall not be disclosed by the department to the public. This subsection shall not be construed to prevent the department from investigating and disciplining a health care provider on the basis of professional malpractice claims that are pending.

(e) Prior to the initial release of a health care provider's profile to the public, the department shall provide the health care provider with a copy of the health care provider's profile. Additionally, any amendments or modifications to the profile that were not supplied by the health care provider or not generated by the department itself shall be provided to the health care provider for review prior to release to the public. A health care provider shall have sixty days from the date the department mails or delivers the prepublication copy to dispute the accuracy of any information that the department proposes to include in such profile and to submit a written statement setting forth the basis for such dispute. If a health care provider does not notify the department that the health care provider disputes the accuracy of such information within such sixty-day period, the department shall make the profile available to the public and the health care provider shall be deemed to have approved the profile and all information contained in the profile. If a health care provider notifies the department that the health care provider disputes the accuracy of such information in accordance with this subsection, the health care provider's profile shall be released to the public without the disputed information, but with a statement to the effect that information in the identified category is currently the subject of a dispute and is therefore not currently available. Not later than thirty days after the department's receipt of notice of a dispute, the department shall review any information submitted by the health care provider in support of such dispute and determine whether to amend the information contained in the profile. In the event that the department determines not to amend the disputed information, the disputed information shall be included in the profile with a statement that such information is disputed by the health care provider.

(f) A health care provider may elect to have the health care provider's profile omit information provided pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section. In collecting information for such profiles and in the dissemination of such profiles, the department shall inform health care providers that they may choose not to provide the information described in said subdivisions (9) to (11), inclusive.

(g) Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating a health care provider. This profile should not, however, be your sole basis for selecting a health care provider. "

(h) The department shall maintain a web site on the Internet, within available appropriations, for use by the public in obtaining profiles of health care providers.

(i) No state law that would otherwise prohibit, limit or penalize disclosure of information about a health care provider shall apply to disclosure of information required by this section.

(j) All information provided by a health care provider pursuant to this section shall be subject to the penalty for false statement under section 53a-157b of the general statutes.

(k) Except for the information in subdivisions (1), (2), (10) and (11) of subsection (b) of this section, a health care provider shall notify the department of any changes to the information required in subsection (b) of this section not later than sixty days after such change. "

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2010

New section

On motion of Senator McDonald of the 27th, the bill as amended by Senate Amendment Schedule “A” (LCO 3896) and “B” (LCO 5371) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

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.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 357 (RAISED) (File No. 441) AN ACT CONCERNING THE EXPANSION OF THE BEVERAGE CONTAINER REDEMPTION PROVISIONS TO INCLUDE NONCARBONATED BEVERAGES.

Senator Meyer of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 5511) and moved adoption.

Remarking were Senators Prague of the 19th, Roraback of the 30th and Kissel of the 7th.

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. (Effective from passage) (a) Notwithstanding the provisions of sections 22a-276 and 22a-285a of the general statutes, the Connecticut Resources Recovery Authority shall not have the power to condemn, purchase, lease, accept or take title to, use or otherwise acquire any portion of a certain parcel of land located in the town of Franklin for the purpose of establishing an ash residue disposal area. Said parcel has an area of approximately five hundred seventy-five acres and is identified as Lots 5 to 17, inclusive, on town of Franklin Tax Assessor's Property Map 1, dated October 1, 2004, Lots 3, 5 and 6 on town of Franklin Tax Assessor's Property Map 2, dated October 1, 2004, and Lot 2 on town of Franklin Tax Assessor's Property Map 4, dated October 1, 2004.

(b) Notwithstanding the provisions of sections 22a-276 and 22a-285a of the general statutes, the Connecticut Resources Recovery Authority shall not have the power to condemn, purchase, lease, accept or take title to, use or otherwise acquire any portion of a certain parcel of land located in the town of Windham for the purpose of establishing an ash residue disposal area. Said parcel is adjacent to the parcel identified in subsection (a) of this section and is identified as Lots 4a, 5 and 6 in Block 211 on town of Windham Tax Assessor's Map 6-13, dated August 24, 2001. "

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 37 p. m. :

Total Number Voting 33

Necessary for Adoption 17

Those voting Yea 33

Those voting Nay 0

Those absent and not voting 3

On the roll call vote Senate Bill No. 357 as amended by Senate Amendment Schedule “A” (LCO 5511) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

A

   

9

PAUL DOYLE

A

   

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

A

   

13

THOMAS P. GAFFEY

 

Y

 

31

THOMAS A. COLAPIETRO

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

The following Senator(s) abstained under Senate Rule 15:

Senator Gaffey of the 13th

Senator McDonald of the 27th

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.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 178 (RAISED) (File No. 503) AN ACT CONCERNING THE REGULATION OF FIREARMS AND THE LICENSING OF BAIL ENFORCEMENT AGENTS, PROFESSIONAL BONDSMEN AND SURETY BAIL BOND AGENTS.

Senator Stillman of the 20th explained the bill, offered Senate Amendment Schedule “A” (LCO 5551) and moved adoption.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike section 2 in its entirety and renumber the remaining sections and internal references accordingly

In line 66, strike "(a)"

Strike lines 76 to 83, inclusive, in their entirety

In line 88, strike "or the"

Strike line 89 in its entirety

In line 90, strike "152m, as amended by this act,"

In line 91, strike "or instructor"

In line 92, strike "or approval"

In line 94, strike "or instructor"

In line 96, strike "if a licensee,"

In line 100, strike "or approval"

In line 102, strike "or instructor's"

In line 104, strike "or instructor's"

Strike lines 146 to 164, inclusive, in their entirety and substitute "courses. " in lieu thereof and renumber any internal references accordingly

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

"Sec. 501. (NEW) (Effective October 1, 2008) (a) (1) On and after October 1, 2008, no person or employee of an association, corporation or partnership shall conduct a course pursuant to section 29-152f of the general statutes or subsection (b) of section 29-152m of the general statutes, as amended by this act, without the approval of the commissioner. Application for such approval shall be submitted on a form prescribed by the commissioner. Such application shall be made under oath and shall contain the following: (A) The applicant's name, address, and date and place of birth; (B) the applicant's employment for the five years prior to the date of application; (C) the applicant's education or training in the subject matter of the courses required by section 29-152f of the general statutes or subsection (b) of section 29-152m of the general statutes, as amended by this act, as applicable; (D) any convictions for violations of the law; and (E) such other information as the commissioner may require by any regulation adopted pursuant to this section to investigate the character, competency and integrity of the applicant. No person shall be approved as an instructor who has been convicted of a felony or any misdemeanor pursuant to section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d, who has been denied a license as a professional bondsman, surety bail bond agent or bail enforcement agent, or if said license has been revoked or suspended. (2) If a course conducted by an instructor pursuant to section 29-152f of the general statutes or subsection (b) of section 29-152m of the general statutes, as amended by this act, is approved by the commissioner on or before September 30, 2008, the instructor of such course shall have until April 1, 2009, to apply for approval as an instructor in accordance with subdivision (1) of this subsection.

(b) Upon being satisfied, after investigation, that the applicant is a suitable person to receive approval as an instructor and that the applicant satisfies the requirements of subsection (a) of this section, the Commissioner of Public Safety may issue an approval to such applicant to do business in this state as an approved instructor. The fee for such approval shall be twenty dollars. The term for such approval shall not exceed two years. Not later than two business days after a change of address, any person approved as an instructor under this section shall notify the commissioner of such change and such notification shall include both the old and new addresses.

(c) Each person approved as an instructor under this section may apply for renewal of such approval on a form provided by the Commissioner of Public Safety that provides for the disclosure of such information as said commissioner requires to determine whether such instructor's suitability to continue as an instructor has changed since the issuance of the prior approval. The fee for such renewal shall be twenty dollars.

(d) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

(e) Any person, firm or corporation that violates any provision of this section shall be fined seventy-five dollars for each offense. Each distinct violation of this section shall be a separate offense and, in the case of a continuing violation, each day thereof shall be deemed a separate offense.

Sec. 502. (NEW) (Effective October 1, 2008) The Commissioner of Public Safety may suspend, revoke or refuse to renew the approval of any instructor pursuant to section 501 of this act, provided notice shall have been given to the instructor to appear before the commissioner to show cause why the approval should not be suspended, revoked or refused renewal, upon a finding by the commissioner that the instructor: (1) Has violated any of the terms or provisions of section 501 of this act; (2) has practiced fraud, deceit or misrepresentation; (3) has made a material misstatement in the application for issuance or renewal of such approval; (4) has demonstrated incompetence or untrustworthiness in the conduct of the instructor's courses; (5) has been convicted of a felony, a misdemeanor specified in section 29-152f of the general statutes, or other crime affecting the instructor's honesty, integrity or moral fitness; or (6) is unsuitable. Any party aggrieved by an order of the commissioner under this section may appeal therefrom in accordance with the provisions of section 4-183 of the general statutes, except venue for such appeal shall be in the judicial district of Hartford.

Sec. 503. Subsection (b) of section 51-164n of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-25 of the 2008 supplement to the general statutes, 8-27, 9-63, 9-296 of the 2008 supplement to the general statutes, 9-305, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, or 12-326g of the 2008 supplement to the general statutes, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49 of the 2008 supplement to the general statutes, 14-50a or 14-58, subsection (b) of section 14-66 of the 2008 supplement to the general statutes, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a of the 2008 supplement to the general statutes, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a of the 2008 supplement to the general statutes, subsection (a) of section 14-261a of the 2008 supplement to the general statutes, section 14-262, 14-264, 14-267a of the 2008 supplement to the general statutes, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-33, subsection (a) of section 15-115, section 16-256, 16-256e, 16a-15 of the 2008 supplement to the general statutes or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145 of the 2008 supplement to the general statutes, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137 of the 2008 supplement to the general statutes or 17b-734, subsection (b) of section 17b-736, section 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91 of the 2008 supplement to the general statutes, 19a-105, 19a-107, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-257, 20-265 or 20-324e, subsection (a) of section 20-341 of the 2008 supplement to the general statutes, section 20-341l, 20-597, 20-608, 20-610, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21, 21a-25 of the 2008 supplement to the general statutes, 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77 of the 2008 supplement to the general statutes, subsection (b) of section 21a-79, section 21a-85, 21a-154, 21a-159, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61, 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b) or (e) of section 22-344, section 22-359, 22-366, 22-391 of the 2008 supplement to the general statutes, 22-413 of the 2008 supplement to the general statutes, 22-414 of the 2008 supplement to the general statutes, 22-415 of the 2008 supplement to the general statutes, 22a-66a of the 2008 supplement to the general statutes or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, subsection (a) of section 22a-381d, section 22a-449 of the 2008 supplement to the general statutes, 22a-461, 23-37, 23-38, 23-46 of the 2008 supplement to the general statutes or 23-61b, subsection (a) or (b) of section 23-65, section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79, 26-89, 26-97 of the 2008 supplement to the general statutes, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138, 26-141, 26-207, 26-215, 26-224a, 26-227, 26-230, 26-294, 28-13 of the 2008 supplement to the general statutes, 29-6a, 29-109, 29-143o, 29-143z, 501 of this act, 29-161y, 29-161z, 29-198, 29-210 of the 2008 supplement to the general statutes, 29-243, 29-277, 29-316, 29-318, 29-341 of the 2008 supplement to the general statutes, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12 of the 2008 supplement to the general statutes, 31-13 of the 2008 supplement to the general statutes, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32, 31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48, 31-51, 31-51k, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a of the 2008 supplement to the general statutes, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288 of the 2008 supplement to the general statutes, 36a-787, 42-230, 45a-450, 45a-634 or 45a-658, subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22 of the 2008 supplement to the general statutes, 46b-24 of the 2008 supplement to the general statutes, 46b-34, 46b-38dd of the 2008 supplement to the general statutes, 46b-38gg of the 2008 supplement to the general statutes, 46b-38kk, 47-34a, 47-47, 49-8a, 49-16 or 53-133, subsection (a) or (b) of section 53-211, or section 53-212a, 53-249a, 53-252, 53-264, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331, 53-344 or 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section. "

On motion of Senator Stillman of the 20th, the bill as amended by Senate Amendment Schedule “A” (LCO 5551) was placed on the Consent Calendar.

CONSENT CALENDAR NO. 1

ADOPTED

The chair ordered the vote on business placed on the Consent Calendar be taken by roll call.

The following is the result of the vote at 8: 44 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the Consent Calendar No. 1 was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

EDITH G. PRAGUE

 

Y

 

2

ERIC D. COLEMAN

 

Y

 

20

ANDREA STILLMAN

 

Y

 

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

 

Y

 

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

DONALD E. WILLIAMS, JR.

 

Y

 

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

 

Y

 

13

THOMAS P. GAFFEY

 

Y

 

31

THOMAS A. COLAPIETRO

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

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.

APPROPRIATIONS. Substitute for S. B. No. 217 (RAISED) (File No. 68) AN ACT MANDATING EMPLOYERS PROVIDE PAID SICK LEAVE TO EMPLOYEES. (As amended by Senate Amendment Schedule "A"). Senate Amendment Schedule “B” (LCO 5448) was designated on April 30, 2008.

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

Senator Roraback of the 30th withdrew Senate Amendment Schedule “B” (LCO 5448) which was designated on April 30, 2008.

Senator Prague of the 19th offered Senate Amendment Schedule “C” (LCO 5624) and moved adoption.

Remarking was Senator Debicella of the 21st.

On a voice vote the amendment was adopted.

The following is the Amendment.

Strike line 18 and insert "other entity that employs fifty or more persons in the state of Connecticut; and"

Strike lines 19 and 20 in their entirety

In line 21, strike "(6)" and insert "(5)" in lieu thereof

In line 24, delete "; " and insert ". " in lieu thereof

Strike lines 25 to 30, inclusive, in their entirety

Strike lines 48 to 50, inclusive, in their entirety and insert in lieu thereof:

"(e) Nothing in sections 1 to 5, inclusive, of this act shall be construed to (1) prevent employers from providing paid sick leave that is more generous than that required under this section and section 3 of this act, (2) diminish any rights provided to any employee under a collective bargaining agreement, or (3) preempt or over-ride the terms of any collective bargaining agreement that has become effective prior to October 1, 2008. "

In line 55, strike "(A) " and strike "mental or physical"

In line 56, strike ", (B) the medical diagnosis, care or treatment of an" and insert "; or" in lieu thereof

Strike lines 57 and 58 in their entirety

In line 59, strike "a mental or physical" and insert "an" in lieu thereof

In line 60, strike "that needs medical diagnosis, care, or treatment of" and insert ". " in lieu thereof

Strike lines 61 to 68, inclusive, in their entirety

In line 81, strike "If such leave is permitted under subdivision (3) of said"

Strike lines 82 to 85, inclusive, in their entirety

Senator Russo of the 22nd offered Senate Amendment Schedule “D” (LCO 4913), moved adoption and requested that the vote be taken by roll call.

Remarking was Senator Gomes of the 23rd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 09 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 13

Those voting Nay 23

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “D” (LCO 4913) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

EDITH G. PRAGUE

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

   

N

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

   

N

5

JONATHAN HARRIS

   

N

23

EDWIN A. GOMES

   

N

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

   

N

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

   

N

27

ANDREW J. MCDONALD

   

N

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

   

N

13

THOMAS P. GAFFEY

   

N

31

THOMAS A. COLAPIETRO

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

 

Y

 

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

Senator McKinney of the 28th offered Senate Amendment Schedule “E” (LCO 5438) and moved adoption.

Remarking was Senator Prague of the 19th.

On a voice vote the amendment was adopted.

The following is the Amendment.

After line 47, insert the following:

"(d) Notwithstanding the provisions of sections 1 to 5, inclusive, of this act, and upon mutual consent between the employee and employer, an employee that chooses to work additional hours or shifts during the same or following pay period, in lieu of hours or shifts missed, shall not use paid sick leave, provided the employer does not require the employee to work such additional hours or shifts. "

In line 48, strike "(d)" and insert "(e)" in lieu thereof

In line 51, strike "(e)" and insert "(f)" in lieu thereof

Senator Debicella of the 21st offered Senate Amendment Schedule “F” (LCO 5442) and moved adoption.

Remarking were Senators Prague of the 19th and Russo of the 22nd.

Senator Prague of the 19th 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 9: 18 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 13

Those voting Nay 23

Those absent and not voting 0

On the roll call vote Senate Amendment Schedule “F” (LCO 5442) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

EDITH G. PRAGUE

   

N

2

ERIC D. COLEMAN

   

N

20

ANDREA STILLMAN

   

N

3

GARY D. LEBEAU

 

Y

 

21

DAN DEBICELLA

   

N

4

MARY ANN HANDLEY

 

Y

 

22

ROBERT D. RUSSO

   

N

5

JONATHAN HARRIS

   

N

23

EDWIN A. GOMES

   

N

6

DONALD J. DEFRONZO

 

Y

 

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

THOMAS HERLIHY

 

Y

 

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

   

N

27

ANDREW J. MCDONALD

   

N

10

TONI N. HARP

 

Y

 

28

JOHN MCKINNEY

   

N

11

MARTIN M. LOONEY

   

N

29

DONALD E. WILLIAMS, JR.

   

N

12

EDWARD MEYER

 

Y

 

30

ANDREW W. RORABACK

   

N

13

THOMAS P. GAFFEY

   

N

31

THOMAS A. COLAPIETRO

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

EILEEN M. DAILY

 

Y

 

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

   

N

17

JOSEPH J. CRISCO, JR.

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

 

Y

 

36

WILLIAM H. NICKERSON

The following is the Amendment.

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

"Sec. 501. Subsection (b) of section 12-284b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):

(b) Each limited liability company, limited liability partnership, limited partnership and S corporation shall be liable for the tax imposed by this section for each taxable year or portion thereof that such company, partnership or corporation is an affected business entity. Each affected business entity shall annually, on or before the fifteenth day of the fourth month following the close of its taxable year, pay to the Commissioner of Revenue Services a tax in the [amount of two hundred fifty dollars] following amounts: For taxable years commencing prior to January 1, 2009, two hundred fifty dollars; for the taxable year commencing on January 1, 2009, one hundred twenty-five dollars; and for taxable years commencing on or after January 1, 2010, zero. "

Remarking were Senators Looney of the 11th LeBeau of the 3rd, Nickerson of the 36th, Guglielmo of the 35th, Freedman of the 26th, Gomes of the 23rd, Cappiello of the 24th, Kane of the 32nd, Debicella of the 21st, Fasano of the 34th, Stillman of the 20th and Williams of the 29th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 08 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 20

Those voting Nay 16

Those absent and not voting 0

On the roll call vote Senate Bill No. 217 as amended by Senate Amendment Schedules “A ” (LCO 4900) and Senate Amendment Schedule “C” (LCO 5624) and Senate Amendment Schedule “E” (LCO 5438).

The following is the roll call vote:

 

Y

 

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

DAN DEBICELLA

 

Y

 

4

MARY ANN HANDLEY

   

N

22

ROBERT D. RUSSO

 

Y

 

5

JONATHAN HARRIS

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

DONALD J. DEFRONZO

   

N

24

DAVID CAPPIELLO

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

THOMAS HERLIHY

   

N

26

JUDITH G. FREEDMAN

   

N

9

PAUL DOYLE

 

Y

 

27

ANDREW J. MCDONALD

 

Y

 

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

   

N

14

GAYLE SLOSSBERG

   

N

32

ROBERT J. KANE

   

N

15

JOAN V. HARTLEY

   

N

33

EILEEN M. DAILY

   

N

16

SAM CALIGIURI

 

Y

 

34

LEONARD FASANO

 

Y

 

17

JOSEPH J. CRISCO, JR.

   

N

35

ANTHONY GUGLIELMO

   

N

18

ANDREW MAYNARD

   

N

36

WILLIAM H. NICKERSON

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Looney of the 11th moved immediate transmittal to the House all bills needing further action by the House except Senate Bill 440 and Senate Bill 217.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

MATTER PLACED ON FOOT OF THE CALENDAR

On motion of Senator Looney of the 11th, the following matter was placed on the foot of the calendar:

APPROPRIATIONS. Substitute for S. B. No. 243 (RAISED) (File No. 505) AN ACT CONCERNING THE ESTABLISHMENT OF A SEXUAL ASSAULT FORENSIC EXAMINERS PROGRAM.

BUSINESS ON THE CALENDAR

MATTERS REMOVED FROM FOOT OF THE CALENDAR

On the motion of Senator Looney of the 11th, the following matters were removed from the foot of the calendar and restored to its place on the calendar:

BANKS. Substitute for S. B. No. 182 (RAISED) (File No. 59) AN ACT CONCERNING BANK AND CREDIT UNION AUTHORITY AND NONDEPOSITORY LICENSES.

GENERAL LAW. Substitute for S. B. No. 460 (RAISED) (File No. 85) AN ACT CONCERNING THE ADMINISTRATION OF VACCINES BY LICENSED PHARMACISTS.

LABOR AND PUBLIC EMPLOYEES. Substitute for S. B. No. 454 (RAISED) (File No. 371) AN ACT CONCERNING WORKERS' COMPENSATION DISCLOSURES ON CONSTRUCTION SITES.

APPROPRIATIONS. Substitute for S. B. No. 601 (RAISED) (File No. 536) AN ACT CONCERNING THE COURT SUPPORT SERVICES DIVISION OF THE JUDICIAL BRANCH.

PUBLIC HEALTH. H. B. No. 5811 (RAISED) (File Nos. 405 and 579) AN ACT CONCERNING THERAPEUTIC CONTACT LENSES. (As amended by House Amendment Schedule "A").

ADJOURNMENT

On motion of Senator Looney of the 11th, the Senate at 10: 11 p. m. adjourned subject to the call of the chair.

BILLS SIGNED BY HER EXCELLENCY,

THE GOVERNOR

The following bills were SIGNED IN THE ORIGINAL by Her Excellency, the Governor, on the date indicated:

April 30, 2008

ENERGY AND TECHNOLOGY. Substitute for S. B. No. 368 (RAISED) (File No. 258) AN ACT CONCERNING THERMAL ENERGY TRANSPORTATION. (As amended by Senate Amendment Schedule "A").

HUMAN SERVICES. S. B. No. 386 (RAISED) (File No. 369) AN ACT CONCERNING BILLING PRACTICES OF NURSING HOME FACILITIES FOR SELF-PAY PATIENTS.

BILL NOT SIGNED BY HER EXCELLENCY,

THE GOVERNOR

The following bill was NOT SIGNED by Her Excellency, the Governor, on the date indicated:

This Act passed and shall take effect October 1, 2008.

PUBLIC HEALTH. S. B. No. 462 (RAISED) (File No. 82) AN ACT CONCERNING LICENSE RENEWAL FEES FOR PHYSICIANS.