JOURNAL OF THE HOUSE

Thursday, May 30, 2013

The House of Representatives was called to order at 12: 13 o'clock p. m. , Speaker J. Brendan Sharkey in the Chair.

Prayer was offered by Assistant Chaplain, Reverend Garland D. Higgins of West Hartford, Connecticut.

The following is the prayer:

Let us pray. Divine and sovereign God, maker of all things, and judge of all humanity - we acknowledge the presence of Your spirit here today. For You are a just and jealous God, we pray that You and only You will be considered in all deliberations for the people of this State. Guide our Legislators in the daily decision making process to pass new laws. We thank You, God, for Your divine providence and for this we give You thanks and praise. Amen.

The Pledge of Allegiance was led by Representative Rutigliano of the 123rd District.

BUSINESS FROM THE SENATE

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

SENATE BILL

The following favorable report of the Joint Standing Committee was received from the Senate, the bill read the second time and tabled for the Calendar:

GOVERNMENT ADMINISTRATION AND ELECTIONS. S. B. No. 1020 (RAISED) (File No. 654) AN ACT CONCERNING THE INTERSTATE WILDLIFE VIOLATOR COMPACT.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

HOUSE BILL PASSED

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

ENVIRONMENT. Substitute for H. B. No. 6441 (RAISED) (File No. 88) AN ACT CONCERNING THE DAM SAFETY PROGRAM.

The bill was explained by Representative Gentile of the 104th who offered House Amendment Schedule "A" (LCO 7537) and moved its adoption.

The amendment was discussed by Representative Shaban of the 135th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 7537):

Strike section 4 in its entirety and insert the following in lieu thereof:

"Sec. 4. Section 22a-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The commissioner shall cause a survey and maps to be made of each town showing the location of any dams or similar structures within such town, and shall file a copy of such map with the town clerk. On and after October 1, 2007, the owner of real property where a high hazard or significant hazard dam is located shall cause to be recorded on the land records in the municipality where the property is located a document that identifies the existence of the dam and whether the dam is categorized as a high hazard dam or a significant hazard dam. The commissioner shall publish a standardized form to be used for such purposes.

(b) The owner of any dam or similar structure that, by failing, may endanger life or property and that is not already registered shall register on or before [July 1, 1984] October 1, 2015, with the Commissioner of Energy and Environmental Protection on a form prescribed by [him] the commissioner, the location and dimensions of such dam or structure and such other information as the commissioner may require. Any information reported on such form that the commissioner cannot otherwise independently obtain shall not be used by the commissioner to order the payment of a civil penalty pursuant to section 22a-6d or 22a-407 provided such form is submitted to the commissioner on or before October 1, 2015. The fee for registration shall be as follows: (1) Dams or similar structures five feet or more in height but less than fifteen feet, fifty dollars; (2) dams or similar structures fifteen feet or more in height but less than twenty-five feet, one hundred dollars; and (3) dams or similar structures twenty-five feet or more in height, two hundred dollars. Dams or similar structures less than five feet in height shall be registered without fee. As used in this subsection, "height" means the vertical distance from the crest of a dam or similar structure to the downstream toe of such dam or similar structure. The owner of any dam or similar structure shall notify the commissioner by registered or certified mail, return receipt requested, of a transfer of ownership of such dam or similar structure not later than ten days after the date of such transfer.

(c) The commissioner shall notify the owner of any dam or similar structure registered pursuant to subsection (b) of this section, in writing, by certified mail, return receipt requested, not later than January fifteenth of any year in which inspection of such dam is due. Such notice shall identify the classification of such dam, as set forth in the regulations adopted pursuant to this subsection, and include a statement of the frequency for such inspection, as set forth in such regulations. Upon receipt of such timely notification by the commissioner, the owner of any such dam or similar structure shall cause such structure to be inspected in accordance with the regulations adopted pursuant to this subsection by a registered professional engineer licensed in the state and shall, not later than March fifteenth of the following year, submit the results of such inspection to the commissioner on a form prescribed by the commissioner. The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section for quality assurance when an owner fails to undertake a regularly scheduled inspection and as necessary after a flood event. The fee for any such inspection shall be six hundred sixty dollars until such time as regulations are adopted concerning such inspection fees. Any dam which impounds less than three acre-feet of water or any dam which the commissioner finds has a potential for negligible damage in the event of a failure, after an initial inspection, shall be exempt from the provisions of this subsection except upon determination by the commissioner that such dam poses a unique hazard. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing (1) a schedule for the frequency of and procedures for inspection of dams, (2) the inspection fees for [regularly scheduled] inspections undertaken by the department, sufficient to cover the reasonable cost of such inspections, (3) procedures for registration and criteria for waiver of registration and inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure. "

The bill was discussed by Representative Gentile of the 104th who offered House Amendment Schedule "B" (LCO 8103) and moved its adoption.

Representative Gentile of the 104th then withdrew House Amendment Schedule "B" (LCO 8103).

The bill was further discussed by Representative Gentile of the 104th who offered House Amendment Schedule "C" (LCO 8118) and moved its adoption.

The amendment was discussed by Representative Carter of the 2nd who moved that when the vote be taken it be taken by roll call.

The amendment was further discussed by Representatives Miner of the 66th, Miller of the 36th, Miller of the 122nd, Wright of the 41st and Vicino of the 35th.

The Speaker ordered the vote be taken by roll call at 12: 52 p. m.

The following is the result of the vote:

Total Number Voting 138

Necessary for Adoption 70

Those voting Yea 110

Those voting Nay 28

Those absent and not voting 12

On a roll call vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is the roll call vote:

 

N

  

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

 

N

  

ALBIS

Y

    

HOLDER-WINFIELD

  

N

  

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

  

N

  

VERRENGIA

    

X

LEGEYT

Y

    

ALTOBELLO

  

N

  

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

 

N

  

ARCE

Y

    

JUTILA

    

X

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

    

X

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

 

N

  

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

  

N

  

LOPES

Y

    

ZONI

Y

    

PERILLO

 

N

  

BECKER, B.

   

X

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

  

N

  

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

          

N

  

RUTIGLIANO

 

N

  

BUTLER

  

N

  

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

   

X

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

 

N

  

CONROY

  

N

  

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

 

N

  

COOK

  

N

  

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

   

X

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

 

N

  

DARGAN

    

X

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

 

N

  

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

 

N

  

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

    

X

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

 

N

  

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

  

N

  

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

 

N

  

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

  

N

  

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

 

N

  

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

 

N

  

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

 

N

  

HAMPTON

  

N

  

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

The following is House Amendment Schedule "C" (LCO 8118):

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

"Sec. 501. Section 22a-45d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioners of Public Health and Agriculture and the Director of the Connecticut Agricultural Experiment Station, shall establish a [contingency] plan, within available appropriations, for the [spraying] use or application of larvicide to control mosquitoes. [in the event of an outbreak of infectious disease in any human or animal population due to mosquito infestation. ]

(b) Not later than September 1, 2013, the plan described in subsection (a) of this section shall be updated to establish: (1) A prohibition on the use or application of methoprene or resmethrin in any storm drain or conveyance for water within the coastal boundary, as described in subsection (b) of section 22a-94 provided such prohibition shall not apply to any municipality where there was a documented death of a human being from West Nile virus if such municipality has a population greater than one hundred thousand residents; (2) a record-keeping, reporting and Internet posting requirement for the use or application of methoprene or resmethrin for mosquito control within the coastal area, as described in subsection (a) of section 22a-94, by any municipality or the state; and (3) recommendations for a pilot program to evaluate the retail sale and use of methoprene and resmethrin for mosquito control within the coastal area, as described in subsection (a) of section 22a-94, that is labeled for mosquito control in streams, storm drains, storm gutters, and bird baths to ensure that such methoprene and resmethrin use is consistent with the labeling requirements of such methoprene or resmethrin product.

(c) Notwithstanding the provisions of subsection (b) of this section, methoprene or resmethrin may be introduced into a storm drain, wetland or other body of water where mosquito larvae are found or suspected if such introduction is recommended by the Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health and the mosquito management coordinator of the Department of Energy and Environmental Protection, to prevent an increasing threat of mosquito-borne disease, based on an evaluation of mosquito and mosquito larvae surveillance by the Connecticut Agricultural Experiment Station in accordance with the state's Mosquito Management Program. "

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

Sec. 501

from passage

22a-45d

The bill was further discussed by Representative Gentile of the 104th who offered House Amendment Schedule "D" (LCO 8086) and moved its adoption.

The amendment was discussed by Representatives Carter of the 2nd, Dillon of the 92nd and Miller of the 122nd.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "D" (LCO 8086):

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

"Sec. 501. Section 22a-45b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Energy and Environmental Protection may make regulations and orders concerning the elimination of mosquitoes and mosquito-breeding places, and said commissioner or his agent may enter upon any land, tidal wetland, inland wetland or watercourse to ascertain if mosquitoes breed thereon or to survey, drain, fill or otherwise treat, or make any excavation or structure necessary to eliminate mosquito breeding on such land. When funds have been provided by appropriation by the state for the elimination of mosquitoes or mosquito-breeding places, said commissioner may conduct or cause the conducting of such work provided no filling, draining, excavation, installation or erection of any structure, or any other permanent alteration of private property shall be conducted without the consent of the landowner on whose property such work is to be conducted. The commissioner may take and hold, by purchase, condemnation or otherwise, any real property or interest in real property as he determines is necessary to abate a threat of disease to humans or animals from insect vectors. Whenever the commissioner is unable to agree with the owner of any such property as to the compensation to be paid for the taking thereof, the commissioner may bring condemnation proceedings in accordance with the procedure provided by part I of chapter 835 for condemnation by municipal corporations generally. In such case, the court may permit immediate possession of such property by the commissioner in accordance with the procedure provided by said part I of chapter 835.

(b) The Commissioner of Energy and Environmental Protection, in coordination with the Commissioner of Public Health and local health departments, shall survey land, tidal wetlands, inland wetlands or watercourses in any municipality with a population over one hundred thousand where there has been a documented death of a human from West Nile virus, to ascertain if mosquitoes breed thereon and may conduct any work, as provided for in subsection (a) of this section, necessary to eliminate mosquito breeding on such land.

(c) No private property, in any municipality with a population over one hundred thousand where there has been a documented death of a human from West Nile virus, may contain standing water that the Commissioner of Energy and Environmental Protection determines, in consultation with the Commissioner of Public Health and local health departments, creates a risk of mosquito-borne illness. The Commissioner of Energy and Environmental Protection shall enforce the provisions of this subsection.

(d) The Commissioner of Energy and Environmental Protection, in coordination with the Commissioner of Public Health and local health departments, shall encourage public outreach programs instructing residents and private property owners of the risks of standing water and the signs and symptoms of West Nile virus. "

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

Sec. 501

from passage

22a-45b

The bill was further discussed by Representative Carter of the 2nd.

The Speaker ordered the vote be taken by roll call at 1: 01 p. m.

The following is the result of the vote:

Total Number Voting 141

Necessary for Passage 71

Those voting Yea 140

Those voting Nay 1

Those absent and not voting 9

On a roll call vote House Bill No. 6441 as amended by House Amendment Schedules "A","C" and "D" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

    

X

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

   

X

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

   

X

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

   

X

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

    

X

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

  

N

  

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 6374 (File No. 402) AN ACT CONCERNING COORDINATED LONG-TERM DISASTER RELIEF AND RECOVERY.

The bill was explained by Representative Dargan of the 115th.

The bill was discussed by Representatives Zupkus of the 89th, Giegler of the 138th and Hwang of the 134th.

The Speaker ordered the vote be taken by roll call at 1: 15 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Passage 72

Those voting Yea 112

Those voting Nay 31

Those absent and not voting 7

On a roll call vote House Bill No. 6374 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

  

N

  

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

  

N

  

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

    

X

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

  

N

  

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

  

N

  

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

  

N

  

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

 

N

  

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

  

N

  

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

  

N

  

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

          

N

  

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

          

N

  

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

          

N

  

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

  

N

  

ACKERT

  

N

  

SAWYER

   

X

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

 

N

  

ALBERTS

  

N

  

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

  

N

  

BACCHIOCHI

  

N

  

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

  

N

  

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

    

X

MUSHINSKY

  

N

  

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

  

N

  

BUCK-TAYLOR

  

N

  

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

  

N

  

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

  

N

  

CANDELORA, V.

 

N

  

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

  

N

  

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

  

N

  

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

  

N

  

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

  

N

  

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

  

N

  

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

  

N

  

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

SENATE BILL PASSED

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

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 1139 (RAISED) (File No. 497) AN ACT CONCERNING CHANGES TO PROGRAM APPROVAL FOR INSTITUTIONS OF HIGHER EDUCATION. (As amended by Senate Amendment Schedule "A").

The bill was explained by Representative Willis of the 64th who offered Senate Amendment Schedule "A" (LCO 7517) and moved its adoption.

The amendment was discussed by Representatives Alberts of the 50th, Sawyer of the 55th and O'Neill of the 69th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The Speaker ordered the vote be taken by roll call at 1: 36 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Passage 72

Those voting Yea 142

Those voting Nay 1

Those absent and not voting 7

On a roll call vote Senate Bill No. 1139 as amended by Senate Amendment Schedule "A" was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

    

X

JANOWSKI

Y

    

VERRENGIA

    

X

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

    

X

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

HOUSE BILLS PASSED

The following bills were taken from the table, read the third time, the reports of the committees indicated accepted and the bills passed.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 5423 (RAISED) (File No. 30) AN ACT CONCERNING REVISIONS TO THE HIGHER EDUCATION STATUTES.

The bill was explained by Representative Willis of the 64th who offered House Amendment Schedule "A" (LCO 8174) and moved its adoption.

The amendment was discussed by Representatives Cafero of the 142nd and Alberts of the 50th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 8174):

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

"Sec. 501. Subdivision (1) of subsection (a) of section 10a-11b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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] five 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.

Sec. 502. (NEW) (Effective October 1, 2013) Any person, as defined in section 1-79 of the general statutes, who donates tangible property to a regional community-technical college shall be immune from civil liability for damage or injury occurring on or after October 1, 2013, resulting from any act, error or omission by such person with respect to such donated tangible property, unless such damage or injury was caused by the reckless, wilful or wanton misconduct of such person.

Sec. 503. Section 10-145a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The State Board of Education may, in accordance with section 10-19 and such regulations and qualifications as it prescribes, issue certificates of qualification to teach, to administer, to supervise or to serve in other positions requiring certification pursuant to regulations adopted by the State Board of Education in any public school in the state and may revoke the same. Any such regulations shall provide that the qualifications to maintain any administrator, supervisor or special service certificate shall incorporate the professional development provisions of section 10-148a. The certificates of qualification issued under this section shall be accepted by boards of education in lieu of any other certificate, provided additional qualifications may be required by a board of education, in which case the state certificate shall be accepted for such subjects as it includes.

(b) Any candidate in a program of teacher preparation leading to professional certification shall be encouraged to successfully complete an intergroup relations component of such a program which shall be developed with the participation of both sexes, and persons of various ethnic, cultural and economic backgrounds. Such intergroup relations program shall have the following objectives: (1) The imparting of an appreciation of the contributions to American civilization of the various ethnic, cultural and economic groups composing American society and an understanding of the life styles of such groups; (2) the counteracting of biases, discrimination and prejudices; and (3) the assurance of respect for human diversity and personal rights. The State Board of Education, the Board of Regents for Higher Education, the Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall establish a joint committee composed of members of the four agencies, which shall develop and implement such programs in intergroup relations.

(c) Any candidate in a program of teacher preparation leading to professional certification shall be encouraged to complete a (1) health component of such a program, which includes, but need not be limited to, human growth and development, nutrition, first aid, disease prevention and community and consumer health, and (2) mental health component of such a program, which includes, but need not be limited to, youth suicide, child abuse and alcohol and drug abuse.

(d) Any candidate in a program of teacher preparation leading to professional certification shall complete a school violence, bullying, as defined in section 10-222d, and suicide prevention and conflict resolution component of such a program.

(e) On and after July 1, 1998, any candidate in a program of teacher preparation leading to professional certification shall complete a computer and other information technology skills component of such program, as applied to student learning and classroom instruction, communications and data management.

(f) On and after July 1, 2006, any program of teacher preparation leading to professional certification shall include, as part of the curriculum, instruction in literacy skills and processes that reflects current research and best practices in the field of literacy training. Such instruction shall be incorporated into requirements of student major and concentration.

(g) On and after July 1, 2006, any program of teacher preparation leading to professional certification shall include, as part of the curriculum, instruction in the concepts of second language learning and second language acquisition and processes that reflects current research and best practices in the field of second language learning and second language acquisition. Such instruction shall be incorporated into requirements of student major and concentration.

(h) On and after July 1, 2011, any program of teacher preparation leading to professional certification may permit teaching experience in a nonpublic school, approved by the State Board of Education, and offered through a public or private institution of higher education to count towards the preparation and eligibility requirements for an initial educator certificate, provided such teaching experience is completed as part of a cooperating teacher program, in accordance with the provisions of subsection (d) of section 10-220a.

(i) On and after July 1, 2012, any candidate entering a program of teacher preparation leading to professional certification shall be required to complete training in competency areas contained in the professional teaching standards established by the State Board of Education, including, but not limited to, development and characteristics of learners, evidence-based and standards-based instruction, evidence-based classroom and behavior management, [and] assessment and professional behaviors and responsibilities and the awareness and identification of the unique learning style of gifted and talented children.

(j) On and after July 1, 2015, any program of teacher preparation leading to professional certification shall require, as part of the curriculum, clinical experience, field experience or student teaching experience in a classroom during four semesters of such program of teacher preparation.

(k) On and after July 1, 2012, any program of teacher preparation leading to professional certification shall include, as part of the curriculum, instruction in the implementation of student individualized education programs as it relates to the provision of special education and related services, including, but not limited to, the provision of services to gifted and talented children.

Sec. 504. Subsection (a) of section 10a-55i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) There is established a Higher Education Consolidation Committee which shall be convened by the chairpersons of the joint standing committee of the General Assembly having cognizance of matters relating to higher education or such chairpersons' designee, who shall be a member of such joint standing committee. The membership of the Higher Education Consolidation Committee shall consist of the higher education subcommittee on appropriations and the chairpersons, vice chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations. The Higher Education Consolidation Committee shall establish a meeting and public hearing schedule for purposes of receiving updates from the Board of Regents for Higher Education on (1) the progress of the consolidation of the state system of higher education pursuant to section 4-9c, subsection (a) of section 4d-90, subsection (g) of section 5-160, section 5-199d, subsection (a) of section 7-323k, subsection (a) of section 7-608, subsection (a) of section 10-9, section 10-155d, subdivision (14) of section 10-183b, sections 10a-1a to 10a-1d, inclusive, 10a-3 and 10a-3a, subsection (a) of section 10a-6a, sections 10a-6b, 10a-8, 10a-10a to 10a-11a, inclusive, 10a-17d and 10a-22a, subsections (f) and (h) of section 10a-22b, subsections (c) and (d) of section 10a-22d, sections 10a-22h and 10a-22k, subsection (a) of section 10a-22n, sections 10a-22r, 10a-22s, 10a-22u, 10a-22v, 10a-22x and 10a-34 to 10a-35a, inclusive, subsection (e) of section 10a-37, sections 10a-38 to 10a-40, inclusive, 10a-42 and 10a-42g, subsection (a) of section 10a-48a, sections 10a-55i, 10a-71 and 10a-72, subsections (c) and (f) of section 10a-77, section 10a-88, subsection (a) of section 10a-89, subsection (c) of section 10a-99 and sections 10a-102, 10a-104, 10a-105, 10a-109e, 10a-143, 10a-163a, 10a-164a, 10a-168a and 10a-170, and (2) the program approval process for the constituent units. The Higher Education Consolidation Committee shall convene its first meeting on or before September 15, 2011, and meet not less than once every two months. [until September 15, 2012. ]

Sec. 505. Subsection (b) of section 10a-34 of the general statutes, as amended by substitute senate bill 1139 of the current session, as amended by senate amendment schedule A, is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) The Office of Higher Education shall establish regulations, in accordance with chapter 54, concerning the requirements for licensure and accreditation, such regulations to concern administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which licensure and accreditation may be granted, and the costs and procedures of evaluations as provided in subsections (c), (d) and (i) of this section. Said office shall establish academic review commissions to hear each appeal of a denial by said office of an application by an institution of higher education for licensure or accreditation of a program of higher learning or institution of higher education. For each individual appeal, the executive director of said office, or the executive director's designee, shall select a commission that is comprised of four higher education representatives and five business and industry representatives chosen from a panel of twenty-five members, who shall be appointed as follows: (1) The Governor shall appoint five members; (2) the speaker of the House of Representatives shall appoint five members; (3) the president pro tempore of the Senate shall appoint five members; (4) the majority leader of the House of Representatives shall appoint five members; [(3)] (5) the majority leader of the Senate shall appoint five members; [(4)] (6) the minority leader of the House of [Representative] Representatives shall appoint five members; and [(5)] (7) the minority leader of the Senate shall appoint five members. The executive director of said office, or the executive director's designee, shall ensure that each commission contains at least one member appointed by each of the appointing authorities. Each appointing authority shall select both higher education representatives and business and industry representatives, but not more than three from either category of representatives. "

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

Sec. 501

July 1, 2013

10a-11b(a)(1)

Sec. 502

October 1, 2013

New section

Sec. 503

July 1, 2013

10-145a

Sec. 504

July 1, 2013

10a-55i(a)

Sec. 505

July 1, 2013

10a-34(b)

The Speaker ordered the vote be taken by roll call at 1: 49 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Passage 72

Those voting Yea 137

Those voting Nay 6

Those absent and not voting 7

On a roll call vote House Bill No. 5423 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

    

X

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

  

N

  

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

  

N

  

PISCOPO

   

X

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

 

N

  

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

    

X

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

  

N

  

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

  

N

  

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

JUDICIARY. Substitute for H. B. No. 6572 (RAISED) (File No. 722) AN ACT CONCERNING INTIMIDATION BASED ON BIGOTRY OR BIAS AGAINST A HOMELESS PERSON.

The bill was explained by Representative Ritter of the 1st.

The bill was discussed by Representatives Rebimbas of the 70th, Smith of the 108th and Mikutel of the 45th.

The Speaker ordered the vote be taken by roll call at 2: 17 p. m.

The following is the result of the vote:

Total Number Voting 144

Necessary for Passage 73

Those voting Yea 112

Those voting Nay 32

Those absent and not voting 6

On a roll call vote House Bill No. 6572 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

  

N

  

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

  

N

  

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

    

X

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

  

N

  

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

  

N

  

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

  

N

  

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

  

N

  

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

          

N

  

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

          

N

  

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

          

N

  

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

  

N

  

SAWYER

Y

    

CLEMONS

  

N

  

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

 

N

  

ALBERTS

  

N

  

SHABAN

Y

    

COOK

Y

    

MORIN

  

N

  

AMAN

  

N

  

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

  

N

  

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

  

N

  

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

    

X

MUSHINSKY

  

N

  

BOLINSKY

  

N

  

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

  

N

  

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

  

N

  

CAFERO

  

N

  

WOOD

Y

    

DILLON

Y

    

O'BRIEN

  

N

  

CAMILLO

  

N

  

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

  

N

  

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

 

N

  

CASE

        

Y

    

FLEXER

Y

    

ROJAS

  

N

  

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

  

N

  

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

 

N

  

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

  

N

  

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

  

N

  

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

  

N

  

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

DEPUTY SPEAKER RITTER IN THE CHAIR

JUDICIARY. H. B. No. 5666 (COMM) (File No. 720) AN ACT CONCERNING THE FORFEITURE OF MONEYS AND PROPERTY RELATED TO SEXUAL EXPLOITATION AND HUMAN TRAFFICKING.

The bill was explained by Representative Fox of the 146th who offered House Amendment Schedule "A" (LCO 8203) and moved its adoption.

The amendment was discussed by Representatives Rebimbas of the 70th, Berger of the 73rd and Betts of the 78th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 8203):

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

"Section 1. Section 54-36p of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The following property shall be subject to forfeiture to the state pursuant to subsection (b) of this section:

(1) All moneys used, or intended for use, in a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i;

(2) All property constituting the proceeds obtained, directly or indirectly, from a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i;

(3) All property derived from the proceeds obtained, directly or indirectly, from any sale or exchange for pecuniary gain from a violation of subdivision (3) of subsection (a) of section 53-21 or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i;

(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of subdivision (3) of subsection (a) of section 53-21 or section 53a-82, 53a-86, 53a-87, 53a-88, 53a-90a, 53a-189a, 53a-189b, 53a-192a, 53a-196a, 53a-196b, [or] 53a-196c or 53a-196i.

(b) Not later than ninety days after the seizure of moneys or property subject to forfeiture pursuant to subsection (a) of this section, in connection with a lawful criminal arrest or a lawful search, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of such moneys or property. Such proceeding shall be deemed a civil suit in equity in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of such moneys or property and any other person as appears to have an interest therein, and order the state to give notice to such owner and any interested person, including any victim of the crime with respect to which such moneys or property were seized, by certified or registered mail. The court shall promptly, but not less than two weeks after such notice, hold a hearing on the petition. No testimony offered or evidence produced by such owner or interested person at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing, the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order from which the parties shall have such right of appeal as from a decree in equity.

(c) No moneys or property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such moneys or property was being used or was intended to be used in, or was derived from, criminal activity.

(d) Notwithstanding the provisions of subsection (a) of this section, no moneys or property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with his or her defense in a criminal prosecution shall be subject to forfeiture under this section.

(e) Any property ordered forfeited pursuant to subsection (b) of this section shall be sold at public auction conducted by the Commissioner of Administrative Services or the commissioner's designee.

(f) The proceeds from any sale of property under subsection (e) of this section and any moneys forfeited under this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of any such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the [General Fund] Criminal Injuries Compensation Fund established in section 54-215.

Sec. 2. Section 53a-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) A person is guilty of trafficking in persons when such person [commits] compels or induces another person to engage in conduct involving more than one occurrence of sexual contact with one or more third persons, or provide labor or services that such person has a legal right to refrain from providing, by means of (1) the use of force against such other person or a third person, or by the threat of use of force against such other person or a third person, (2) fraud, or (3) coercion, as provided in section 53a-192. [and the other person is compelled or induced to (1) engage in conduct that constitutes a violation of section 53a-82, or (2) provide labor or services. ] For the purposes of this subsection, "sexual contact" means any contact with the intimate parts of another person.

(b) Trafficking in persons is a class B felony.

Sec. 3. Section 53a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) A person sixteen years of age or older is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(b) In any prosecution for an offense under this section, it shall be an affirmative defense that the actor was [coerced into committing such offense] a victim of conduct by another person [in] that constitutes (1) a violation of section 53a-192a, as amended by this act, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time.

(c) In any prosecution of a person sixteen or seventeen years of age for an offense under this section, there shall be a presumption that the actor was [coerced into committing such offense] a victim of conduct by another person [in] that constitutes (1) a violation of section 53a-192a, as amended by this act, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time.

(d) Nothing in this section shall limit a person's right to assert the defense of duress pursuant to section 53a-14 in any prosecution for an offense under this section.

[(d)] (e) Prostitution is a class A misdemeanor.

Sec. 4. Section 53a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) A person is guilty of patronizing a prostitute when: (1) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or (2) he pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or (3) he solicits or requests another person to engage in sexual conduct with him in return for a fee.

(b) [Patronizing] Except as provided in subsection (c) of this section, patronizing a prostitute is a class A misdemeanor.

(c) Patronizing a prostitute is a class C felony if such person knew or reasonably should have known at the time of the offense that such other person (1) had not attained eighteen years of age, or (2) was the victim of conduct of another person that constitutes (A) trafficking in persons in violation of section 53a-192a, as amended by this act, or (B) a criminal violation of 18 USC Chapter 77, as amended from time to time.

Sec. 5. (NEW) (Effective October 1, 2013) At any time after a judgment of conviction is entered pursuant to section 53a-82 of the general statutes, as amended by this act, the defendant may apply to the Superior Court to vacate the judgment of conviction on the basis that, at the time of the offense, the defendant was a victim of conduct of another person that constitutes (1) trafficking in persons under section 53a-192a of the general statutes, as amended by this act, or (2) a criminal violation of 18 USC Chapter 77, as amended from time to time. Prior to rendering a decision on a defendant's application to vacate the judgment of conviction, the court shall afford the prosecutor a reasonable opportunity to investigate the defendant's claim and an opportunity to be heard to contest the defendant's application. If the defendant proves that he or she was a victim of trafficking in persons under said section or a victim of a criminal violation of said chapter at the time of the offense, the court shall vacate the judgment of conviction and dismiss any charges related to the offense. The vacating of a judgment of conviction and dismissal of charges pursuant to this section shall not constitute grounds for an award of compensation for wrongful arrest, prosecution, conviction or incarceration pursuant to section 54-102uu of the general statutes or any other provision of the general statutes.

Sec. 6. Section 54-222 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) The Office of the Chief Court Administrator shall develop a concise [, bilingual] card or brochure concerning information to victims of crime concerning their rights as victims and any services available to them. The Office of Victim Services shall distribute such cards or brochures to municipalities and the state police who shall distribute such cards or brochures to crime victims.

(b) The Office of the Chief Court Administrator shall develop a concise notice concerning services available to victims of human trafficking. Such notice shall indicate that any person who is forced to engage in any activity and who cannot leave may contact a state or federal anti-trafficking hotline, and shall indicate the toll-free telephone numbers for such hotlines. The office shall make copies of such notice available to persons who are required to post such notice pursuant to section 7 of this act.

Sec. 7. (NEW) (Effective October 1, 2013) (a) On and after the date a notice is developed and made available pursuant to subsection (b) of section 54-222 of the general statutes, as amended by this act, each truck stop and each person who holds an on-premises consumption permit for the retail sale of alcoholic liquor pursuant to title 30 of the general statutes shall post the notice in plain view in a conspicuous location where sales are to be carried on. For the purposes of this section, "truck stop" means a privately-owned and operated facility where food, fuel, lawful overnight truck parking and shower and laundry facilities are offered.

(b) The provisions of subsection (a) of this section shall not apply to any person who holds an on-premises consumption permit for the retail sale of alcoholic liquor pursuant to title 30 of the general statutes that consists of only one or more of the following: (1) A caterer, railroad, boat, airline, military, charitable organization, special club, temporary liquor or temporary beer permit, (2) a restaurant permit, restaurant permit for beer, restaurant permit for wine and beer or cafe permit, or (3) a manufacturer permit for a farm winery, a manufacturer permit for beer, manufacturer permits for beer and brew pubs, or any other manufacturer permit issued under title 30 of the general statutes.

Sec. 8. (Effective from passage) The Office of Victim Services shall conduct an analysis of the compensation and restitution services provided to victims of sexual exploitation and human trafficking under sections 54-201 to 54-235, inclusive, of the general statutes, and shall determine whether legislation should be enacted to enhance such compensation and services in order to address the needs of such victims. Not later than January 15, 2014, the office shall submit a report, in accordance with section 11-4a of the general statutes, on its analysis and recommended amendments to the general statutes to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary.

Sec. 9. Subsection (b) of section 46a-170 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) [The] (1) Prior to the effective date of this section, the council shall consist of the following members: The Attorney General, the Chief State's Attorney, the Chief Public Defender, the Commissioner of Emergency Services and Public Protection, the Labor Commissioner, the Commissioner of Social Services, the Commissioner of Public Health, the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families, the Child Advocate, the Victim Advocate, the chairperson of the Commission on Children, the chairperson of the Permanent Commission on the Status of Women, the chairperson of the Latino and Puerto Rican Affairs Commission, the chairperson of the African-American Affairs Commission, three representatives of the Judicial Branch appointed by the Chief Court Administrator, one of whom shall represent the Office of Victim Services and one of whom shall represent the Court Support Services Division, and a municipal police chief appointed by the Connecticut Police Chiefs Association, or a representative of any such member who has been designated in writing by such member to serve as such member's representative, and seven public members appointed as follows: The Governor shall appoint one member who shall represent Connecticut Sexual Assault Crisis Services, Inc. , the president pro tempore of the Senate shall appoint one member who shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint one member who shall represent the Connecticut Coalition Against Domestic Violence, the majority leader of the Senate shall appoint one member who shall represent an organization that deals with behavioral health needs of women and children, the majority leader of the House of Representatives shall appoint one member who shall represent an organization that advocates on social justice and human rights issues, the minority leader of the Senate shall appoint one member who shall represent the Connecticut Immigrant and Refugee Coalition, and the minority leader of the House of Representatives shall appoint one member who shall represent the Asian-American community.

(2) On and after the effective date of this section, the council shall consist of the following members: (A) The Chief State's Attorney, or a designee; (B) the Chief Public Defender, or a designee; (C) the Commissioner of Emergency Services and Public Protection, or the commissioner's designee; (D) the Labor Commissioner, or the commissioner's designee; (E) the Commissioner of Social Services, or the commissioner's designee; (F) the Commissioner of Public Health, or the commissioner's designee; (G) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (H) the Commissioner of Children and Families, or the commissioner's designee; (I) the Child Advocate, or the Child Advocate's designee; (J) the Victim Advocate, or the Victim Advocate's designee; (K) the chairperson of the Permanent Commission on the Status of Women, or the chairperson's designee; (L) one representative of the Office of Victim Services of the Judicial Branch appointed by the Chief Court Administrator; (M) a municipal police chief appointed by the Connecticut Police Chiefs Association, or a designee; and (N) seven public members appointed as follows: The Governor shall appoint one member who shall represent Connecticut Sexual Assault Crisis Services, Inc. , the president pro tempore of the Senate shall appoint one member who shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint one member who shall represent the Connecticut Coalition Against Domestic Violence, the majority leader of the Senate shall appoint one member who shall represent an organization that deals with behavioral health needs of women and children, the majority leader of the House of Representatives shall appoint one member who shall represent an organization that advocates on social justice and human rights issues, the minority leader of the Senate shall appoint one member who shall represent the Connecticut Immigrant and Refugee Coalition, and the minority leader of the House of Representatives shall appoint one member who shall represent the Motor Transport Association of Connecticut, Inc.

Sec. 10. (NEW) (Effective from passage) The Trafficking in Persons Council established in section 46a-170 of the general statutes, as amended by this act, shall meet not later than September 1, 2013, to study data relating to trafficking in persons offenses in this state. The council shall examine the provisions of the general statutes related to trafficking in persons and identify deficiencies, if any, in the general statutes related to trafficking in persons. If the council identifies deficiencies in the provisions of the general statutes related to trafficking in persons, the council shall develop proposed legislation to address such deficiencies. Not later than January 1, 2014, the council shall submit a report on its findings and any recommendations for legislation to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary in accordance with the provisions of section 11-4a of the general statutes. "

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

Section 1

October 1, 2013

54-36p

Sec. 2

October 1, 2013

53a-192a

Sec. 3

October 1, 2013

53a-82

Sec. 4

October 1, 2013

53a-83

Sec. 5

October 1, 2013

New section

Sec. 6

October 1, 2013

54-222

Sec. 7

October 1, 2013

New section

Sec. 8

from passage

New section

Sec. 9

from passage

46a-170(b)

Sec. 10

from passage

New section

The Speaker ordered the vote be taken by roll call at 2: 36 p. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Passage 74

Those voting Yea 146

Those voting Nay 0

Those absent and not voting 4

On a roll call vote House Bill No. 5666 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

PLANNING AND DEVELOPMENT. H. B. No. 6528 (RAISED) (File No. 464) AN ACT CONCERNING CLEAN MARINAS.

The bill was explained by Representative Perone of the 137th.

The bill was discussed by Representative Lavielle of the 143rd.

The Speaker ordered the vote be taken by roll call at 2: 44 p. m.

The following is the result of the vote:

Total Number Voting 146

Necessary for Passage 74

Those voting Yea 146

Those voting Nay 0

Those absent and not voting 4

On a roll call vote House Bill No. 6528 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

HOUSE BILL PASSED

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

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. B. No. 6671 (RAISED) (File No. 637) AN ACT CONCERNING GOVERNMENT ADMINISTRATION.

The bill was explained by Representative Morin of the 28th who offered House Amendment Schedule "A" (LCO 8221) and moved its adoption.

The amendment was discussed by Representatives Hwang of the 134th, Cafero of the 142nd, Ziobron of the 34th and Miner of the 66th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 8221):

Strike sections 1 to 3, inclusive, and renumber the remaining sections and internal references accordingly

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

"Sec. 501. Section 5-228 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) When a vacancy in any permanent position in the classified service is to be filled, the appointing authority shall notify the Commissioner of Administrative Services of such fact, stating the title of the position to be filled. Vacancies in such positions shall be filled, so far as [practicable] possible and for the best interest of the state, by reemployment, as provided in subsection (b) of section 5-241, promotional appointments from within the agency and service-wide promotional appointments or transfers in accordance with regulations issued by the commissioner. The appointing authority, with the approval of the commissioner, shall decide whether a vacancy shall be filled by promotion from within the agency, from a state-wide employment list, transfer or, if such is not [practicable] possible, by original appointment.

(b) If a vacancy is to be filled by a promotional appointment from within the agency, the commissioner shall certify to the appointing authority the names of all candidates from the agency in accordance with the provisions of section 5-215a.

(c) If a vacancy is to be filled by promotion from a service-wide candidate list, the commissioner shall certify to the appointing authority the names of all candidates on that candidate list in accordance with the provisions of section 5-215a.

(d) If a vacancy is to be filled by an original appointment, the commissioner shall certify to the appointing authority the names of all candidates on that candidate list in accordance with the provisions of section 5-215a.

(e) Appointees to any position in the classified service shall be required to serve the working test period provided for in this chapter. Any promotional appointee from within the agency who is dismissed from the position to which [he] such appointee was promoted during such working test period, or at the conclusion thereof, shall be restored to a position in the same class in which [he] the appointee had been employed prior to his or her promotion. Any other appointee who was employed in the classified service prior to his or her appointment and who is dismissed from the position to which he or she was appointed during such working test period or at the conclusion thereof, shall be restored to a vacancy in the same class, or a vacancy in a comparable class or a vacancy in any other position the employee is qualified to fill, in the agency in which he or she had been employed prior to his or her appointment, or shall have his or her name placed on a reemployment list. No appointing authority who has removed such an employee as provided in this section may exercise such right of removal again with respect to any other employee in the same position within three calendar months after such original removal, except with the consent of the commissioner. No provision of this section shall be construed to prevent any employee in the unclassified service from competing for positions in the classified service if [he] such employee possesses the minimum qualifications established by the commissioner. [, except that no such employee shall be eligible to compete in a promotional examination unless he has previous permanent status in classified service. ] In the certification of names of persons eligible for appointment, sex shall be disregarded except when otherwise provided by statute or upon request of the appointing authority subject to the approval of the commissioner.

Sec. 502. (Effective from passage) The General Assembly shall commemorate the fourteenth anniversary of the Connecticut-Taiwan sister state relationship. Suitable exercises shall be held in the State Capitol and elsewhere as the General Assembly designates for such commemoration. "

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

Sec. 501

from passage

5-228

Sec. 502

from passage

New section

The bill was discussed by Representatives Cafero of the 142nd and Miller of the 122nd who offered House Amendment Schedule "B" (LCO 6555) and moved its adoption.

The amendment was discussed by Representatives Morin of the 28th and Carter of the 2nd.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "B" (LCO 6555):

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

"Sec. 501. Subdivision (19) of subsection (a) of section 10-29a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(19) The Governor shall proclaim a date certain in each year as Powered Flight Day to honor the first powered flight by [the Wright brothers] Gustave Whitehead and to commemorate the Connecticut aviation and aerospace industry. "

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

Sec. 501

from passage

10-29a(a)(19)

The bill was further discussed by Representatives Wright of the 77th and Ziobron of the 34th.

The Speaker ordered the vote be taken by roll call at 3: 14 p. m.

The following is the result of the vote:

Total Number Voting 145

Necessary for Passage 73

Those voting Yea 119

Those voting Nay 26

Those absent and not voting 5

On a roll call vote House Bill No. 6671 as amended by House Amendment Schedules "A" and "B" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

  

N

  

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

    

X

WALKER

  

N

  

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

  

N

  

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

 

N

  

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

  

N

  

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

  

N

  

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

          

N

  

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

  

N

  

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

 

N

  

ALBERTS

  

N

  

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

  

N

  

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

  

N

  

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

  

N

  

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

  

N

  

BUCK-TAYLOR

  

N

  

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

  

N

  

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

  

N

  

CANDELORA, V.

 

N

  

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

 

N

  

CASE

        

Y

    

FLEXER

Y

    

ROJAS

  

N

  

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

  

N

  

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

 

N

  

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

  

N

  

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

  

N

  

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

  

N

  

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

PUBLIC SAFETY AND SECURITY. H. B. No. 6009 (COMM) (File No. 358) AN ACT CONCERNING LOCAL TRAINING OF MUNICIPAL POLICE OFFICERS.

The bill was explained by Representative Dargan of the 115th.

The bill was discussed by Representative Cafero of the 142nd.

The Speaker ordered the vote be taken by roll call at 3: 24 p. m.

The following is the result of the vote:

Total Number Voting 144

Necessary for Passage 73

Those voting Yea 144

Those voting Nay 0

Those absent and not voting 6

On a roll call vote House Bill No. 6009 was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

    

X

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

    

X

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

Y

    

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED TEMPORARILY

EDUCATION. Substitute for H. B. No. 6511 (RAISED) (File No. 666) AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING THE ENHANCED PENALTY FOR THE SALE OR POSSESSION OF DRUGS NEAR SCHOOLS, DAY CARE CENTERS AND PUBLIC HOUSING PROJECTS.

The bill was explained by Representative Holder-Winfield of the 94th who offered House Amendment Schedule "A" (LCO 8100) and moved its adoption.

The amendment was discussed by Representatives Rebimbas of the 70th, Ackert of the 8th, Carter of the 2nd, Lavielle of the 143rd, D'Amelio of the 71st, Betts of the 78th and Srinivasan of the 31st.

The bill was further discussed by Representative Rebimbas of the 70th who moved that when the vote be taken it be taken by roll call.

The Speaker ordered the vote be taken by roll call at 4: 16 p. m.

The following is the result of the vote:

Total Number Voting 143

Necessary for Adoption 72

Those voting Yea 78

Those voting Nay 65

Those absent and not voting 7

On a roll call vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

  

N

  

LABRIOLA

   

X

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

  

N

  

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

  

N

  

VERRENGIA

  

N

  

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

  

N

  

VICINO

  

N

  

MILLER, L.

Y

    

ARCE

  

N

  

JUTILA

Y

    

WALKER

  

N

  

MINER

 

N

  

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

  

N

  

WILLIS

  

N

  

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

 

N

  

O'DEA

   

X

BACKER, T.

   

X

LESSER

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

  

N

  

PERILLO

 

N

  

BECKER, B.

Y

    

LUXENBERG

      

VACANT

  

N

  

PISCOPO

 

N

  

BOUKUS

Y

    

MARONEY

          

N

  

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

          

N

  

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

          

N

  

SAMPSON

Y

    

CANDELARIA, J.

 

N

  

MEGNA

  

N

  

ACKERT

  

N

  

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

  

N

  

ADINOLFI

  

N

  

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

 

N

  

ALBERTS

  

N

  

SHABAN

Y

    

COOK

Y

    

MORIN

  

N

  

AMAN

  

N

  

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

    

X

BACCHIOCHI

  

N

  

SMITH

Y

    

D'AGOSTINO

Y

    

MOUKAWSHER

  

N

  

BETTS

  

N

  

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

  

N

  

BOLINSKY

  

N

  

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

  

N

  

BUCK-TAYLOR

  

N

  

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

  

N

  

CAFERO

  

N

  

WOOD

Y

    

DILLON

Y

    

O'BRIEN

  

N

  

CAMILLO

  

N

  

YACCARINO

 

N

  

DIMINICO, j.

Y

    

PERONE

  

N

  

CANDELORA, V.

 

N

  

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

  

N

  

CARPINO

  

N

  

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

  

N

  

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

 

N

  

CASE

        

Y

    

FLEXER

Y

    

ROJAS

  

N

  

D'AMELIO

        
 

N

  

FOX, D.

   

X

ROSE

  

N

  

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

 

N

  

ROVERO

  

N

  

FLOREN

        
 

N

  

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

 

N

  

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

 

N

  

GIULIANO

  

N

  

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

  

N

  

HOVEY

  

N

  

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

  

N

  

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

  

N

  

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

  

N

  

KLARIDES

Y

    

RITTER, E. (DEP)

 

N

  

HAMPTON

Y

    

TERCYAK

  

N

  

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

  

N

  

TONG

  

N

  

KUPCHICK

Y

    

SAYERS (DEP)

The following is House Amendment Schedule "A" (LCO 8100):

In lines 26, 85, 93 and 140, strike "two" and substitute "three" in lieu thereof

The bill was further discussed by Representative Rebimbas of the 70th who offered House Amendment Schedule "B" (LCO 8274) moved its adoption and further moved that when the vote be taken it be taken by roll call.

Representative Rebimbas of the 70th District then withdrew the motion for a roll call vote on House Amendment Schedule "B" (LCO 8274).

The amendment was discussed by Representative Holder-Winfield of the 94th who moved that when the vote be taken it be taken by roll call.

The amendment was further discussed by Representative Fox of the 146th.

Representative Rebimbas of the 70th then withdrew House Amendment Schedule "B" (LCO 8274).

The bill was further discussed by Representatives Noujaim of the 74th, Perillo of the 113th, Ackert of the 8th, Candelora of the 86th, Buck-Taylor of the 67th, Carpino of the 32nd, Verrengia of the 20th, Sawyer of the 55th, Bolinsky of the 106th, Zupkus of the 89th, Nicastro of the 79th, Hovey of the 112th, Walko of the 150th, O'Neill of the 69th, O'Dea of the 125th, Shaban of the 135th, Carter of the 2nd, McCrory of the 7th, Case of the 63rd, Mushinsky of the 85th, Kokoruda of the 101st, Miller of the 36th and Miller of the 122nd.

Representative Aresimowicz of the 30th District moved to pass over the matter temporarily.

On a voice vote the motion carried and House Bill No. 6511 as amended by House Amendment Schedule "A" was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

SENATE BILL PASSED

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

PUBLIC SAFETY AND SECURITY. S. B. No. 825 (RAISED) (File No. 57) AN ACT CONCERNING PROFESSIONAL BONDSMEN, SURETY BAIL BOND AGENTS AND BAIL ENFORCEMENT AGENTS.

The bill was explained by Representative Dargan of the 115th.

The bill was discussed by Representatives Giegler of the 138th, Butler of the 72nd, Buck-Taylor of the 67th and Sawyer of the 55th.

The Speaker ordered the vote be taken by roll call at 6: 38 p. m.

The following is the result of the vote:

Total Number Voting 139

Necessary for Passage 70

Those voting Yea 139

Those voting Nay 0

Those absent and not voting 11

On a roll call vote Senate Bill No. 825 was passed in concurrence with the Senate.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

   

X

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

Y

    

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

Y

    

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

    

X

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

   

X

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

    

X

BACCHIOCHI

Y

    

SMITH

   

X

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

    

X

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

   

X

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

    

X

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

DEPUTY SPEAKER GODFREY IN THE CHAIR

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 6644 (RAISED) (File No. 580) AN ACT CONCERNING VARIOUS REVISIONS TO THE PUBLIC HEALTH STATUTES.

The bill was explained by Representative Johnson of the 49th who offered House Amendment Schedule "A" (LCO 8219) and moved its adoption.

The amendment was discussed by Representative Srinivasan of the 31st.

DEPUTY SPEAKER RITTER IN THE CHAIR

The amendment was further discussed by Representatives Alberts of the 50th, Betts of the 78th, Carter of the 2nd, Perillo of the 113th and Davis of the 57th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 8219):

In line 20, strike "Two" and insert the following in lieu thereof: "Not more than two"

Strike lines 206 to 866, inclusive, in their entirety and renumber the remaining sections and internal references accordingly

In line 920, strike "2013" and insert "2015" in lieu thereof

In line 923, bracket "2010" and after the closing bracket insert the following: "2013"

In line 958, in the effective date after "2013" insert the following: ", and applicable to registration periods beginning on or after October 1, 2014"

Strike lines 1355 to 1357, inclusive, in their entirety and insert the following in lieu thereof: "Demographic data; (2) diagnostic, treatment and pathology reports; (3) operative reports, hematology, medical oncology and radiation therapy consults, or abstracts of such reports or consults in a format prescribed by the department; and (4) other medical information [shall also be"

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

"Sec. 501. Section 19a-521 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

As used in this section and sections 19a-522 to 19a-534a, inclusive, as amended by this act, 19a-536 to 19a-539, inclusive, as amended by this act, 19a-550 to 19a-554, inclusive, as amended by this act, and 19a-562a, unless the context otherwise requires:

(1) "Nursing home facility" means any nursing home [or residential care home as defined in section 19a-490] or any rest home with nursing supervision [which provides, in addition to personal care required in a residential care home,] that provides nursing supervision under a medical director twenty-four hours per day, or any chronic and convalescent nursing home [which] that provides skilled nursing care under medical supervision and direction to carry out nonsurgical treatment and dietary procedures for chronic diseases, convalescent stages, acute diseases or injuries; ["department"]

(2) "Department" means the Department of Public Health; [and "commissioner"]

(3) "Commissioner" means the Commissioner of Public Health or the commissioner's designated representative; [. ] and

(4) "Residential care home" means an establishment that furnishes, in single or multiple facilities, food and shelter to two or more persons unrelated to the proprietor and, in addition, provides services that meet a need beyond the basic provisions of food, shelter and laundry.

Sec. 502. Subsection (c) of section 19a-490 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(c) "Residential care home", "nursing home" or "rest home" means an establishment [which] that furnishes, in single or multiple facilities, food and shelter to two or more persons unrelated to the proprietor and, in addition, provides services [which] that meet a need beyond the basic provisions of food, shelter and laundry;

Sec. 503. Subsection (a) of section 17b-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, any nursing home administrator, nurse's aide or orderly in a nursing home facility or residential care home, any person paid for caring for a patient in a nursing home facility or residential care home, any staff person employed by a nursing home facility or residential care home, any patients' advocate and any licensed practical nurse, medical examiner, dentist, optometrist, chiropractor, podiatrist, social worker, clergyman, police officer, pharmacist, psychologist or physical therapist, who has reasonable cause to suspect or believe that any elderly person has been abused, neglected, exploited or abandoned, or is in a condition [which] that is the result of such abuse, neglect, exploitation or abandonment, or is in need of protective services, shall, not later than seventy-two hours after such suspicion or belief arose, report such information or cause a report to be made in any reasonable manner to the Commissioner of Social Services or to the person or persons designated by the commissioner to receive such reports. Any person required to report under the provisions of this section who fails to make such report within the prescribed time period shall be fined not more than five hundred dollars, except that, if such person intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class C misdemeanor for the first offense and a class A misdemeanor for any subsequent offense.

Sec. 504. Section 19a-491b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Any person who is licensed to establish, conduct, operate or maintain a nursing home or residential care home shall notify the Commissioner of Public Health immediately if the owner, conductor, operator or maintainer of [the] such home, any person described in subdivision (3) of subsection (a) of section 19a-491a, or any nurse or nurse's aide has been convicted of (1) a felony, as defined in section 53a-25, (2) cruelty to persons under section 53-20, or (3) assault of a victim sixty or older under section 53a-61a; or has been subject to any decision imposing disciplinary action by the licensing agency in any state, the District of Columbia, a United States possession or territory or a foreign jurisdiction. Failure to comply with the notification requirement shall subject the licensed person to a civil penalty of not more than one hundred dollars.

(b) Each nursing home and residential care home shall require a person described in subdivision (3) of subsection (a) of section 19a-491a or a nurse or nurse's aide to complete and sign an application form which contains questions as to whether the person has been convicted of any crime specified in subsection (a) of this section or has been subject to any decision imposing disciplinary action as described in said subsection. Any person seeking employment in a position connected with the provision of care in a nursing home or residential care home who makes a false written statement regarding such prior criminal convictions or disciplinary action shall be guilty of a Class A misdemeanor.

(c) The Commissioner of Public Health shall require each initial applicant described in subdivision (1) of subsection (a) of section 19a-491a to submit to state and national criminal history records checks. The criminal history records checks required by this subsection shall be conducted in accordance with section 29-17a.

Sec. 505. Subsection (a) of section 19a-491c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) As used in this section:

(1) "Criminal history and patient abuse background search" or "background search" means (A) a review of the registry of nurse's aides maintained by the Department of Public Health pursuant to section 20-102bb, (B) checks of state and national criminal history records conducted in accordance with section 29-17a, and (C) a review of any other registry specified by the Department of Public Health which the department deems necessary for the administration of a background search program.

(2) "Direct access" means physical access to a patient or resident of a long-term care facility that affords an individual with the opportunity to commit abuse or neglect against or misappropriate the property of a patient or resident.

(3) "Disqualifying offense" means a conviction of any crime described in 42 USC 1320a-7(a)(1), (2), (3) or (4) or a substantiated finding of neglect, abuse or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C).

(4) "Long-term care facility" means any facility, agency or provider that is a nursing home, as defined in section 19a-521, as amended by this act, a residential care home, as defined in section 19a-521, as amended by this act, a home health agency, as defined in section 19a-490, as amended by this act, an assisted living services agency, as defined in section 19a-490, as amended by this act, an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d(d), a chronic disease hospital, as defined in section 19a-550, as amended by this act, or an agency providing hospice care which is licensed to provide such care by the Department of Public Health or certified to provide such care pursuant to 42 USC 1395x.

Sec. 506. Section 19a-497 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Each institution shall, upon receipt of a notice of intention to strike by a labor organization representing the employees of such institution, in accordance with the provisions of the National Labor Relations Act, 29 USC 158, file a strike contingency plan with the commissioner not later than five days before the date indicated for the strike.

(b) The commissioner may issue a summary order to any nursing home facility, as defined in section 19a-521, as amended by this act, or any residential care home, as defined in section 19a-521, that fails to file a strike contingency plan that complies with the provisions of this section and the regulations adopted by the commissioner pursuant to this section within the specified time period. Such order shall require the nursing home facility or residential care home to immediately file a strike contingency plan that complies with the provisions of this section and the regulations adopted by the commissioner pursuant to this section.

(c) Any nursing home facility or residential care home that is in noncompliance with this section shall be subject to a civil penalty of not more than ten thousand dollars for each day of noncompliance.

(d) (1) If the commissioner determines that a nursing home facility or residential care home is in noncompliance with this section or the regulations adopted pursuant to this section, for which a civil penalty is authorized by subsection (c) of this section, the commissioner may send to an authorized officer or agent of the nursing home facility or residential care home, by certified mail, return receipt requested, or personally serve upon such officer or agent, a notice that includes: (1) A reference to this section or the section or sections of the regulations involved; (2) a short and plain statement of the matters asserted or charged; (3) a statement of the maximum civil penalty that may be imposed for such noncompliance; and (4) a statement of the party's right to request a hearing to contest the imposition of the civil penalty.

(2) A nursing home facility or residential care home may make written application for a hearing to contest the imposition of a civil penalty pursuant to this section not later than twenty days after the date such notice is mailed or served. All hearings under this section shall be conducted in accordance with the provisions of chapter 54. If a nursing home facility or residential care home fails to request a hearing or fails to appear at the hearing or if, after the hearing, the commissioner finds that the nursing home facility or residential care home is in noncompliance, the commissioner may, in the commissioner's discretion, order that a civil penalty be imposed that is not greater than the penalty stated in the notice. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the nursing home facility or residential care home named in such order.

(e) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54: (1) Establishing requirements for a strike contingency plan, which shall include, but not be limited to, a requirement that the plan contain documentation that the institution has arranged for adequate staffing and security, food, pharmaceuticals and other essential supplies and services necessary to meet the needs of the patient population served by the institution in the event of a strike; and (2) for purposes of the imposition of a civil penalty upon a nursing home facility or residential care home pursuant to subsections (c) and (d) of this section.

(f) Such plan shall be deemed a statement of strategy or negotiation with respect to collective bargaining for the purpose of subdivision (9) of subsection (b) of section 1-210.

Sec. 507. Subsection (d) of section 19a-498 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(d) In addition, when the Commissioner of Social Services deems it necessary, said commissioner, or a designated representative of said commissioner, may examine and audit the financial records of any nursing home facility, as defined in section 19a-521, as amended by this act, any residential care home, as defined in section 19a-521, as amended by this act, or any nursing facility management services certificate holder, as defined in section 19a-561. Each nursing home facility, residential care home and nursing facility management services certificate holder shall retain all financial information, data and records relating to the operation of the nursing home facility or residential care home for a period of not less than ten years, and all financial information, data and records relating to any real estate transactions affecting such operation, for a period of not less than twenty-five years, which financial information, data and records shall be made available, upon request, to the Commissioner of Social Services or such designated representative at all reasonable times. In connection with any inquiry, examination or investigation, the commissioner or the commissioner's designated representative may issue subpoenas, order the production of books, records and documents, administer oaths and take testimony under oath. The Attorney General, upon request of said commissioner or the commissioner's designated representative, may apply to the Superior Court to enforce any such subpoena or order.

Sec. 508. Subsection (b) of section 19a-502 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) If any person conducting, managing or operating any nursing home facility, as defined in section 19a-521, as amended by this act, or residential care home, as defined in section 19a-521, as amended by this act, fails to maintain or make available the financial information, data or records required under subsection (d) of section 19a-498, as amended by this act, such person's license as a nursing home facility or residential care home administrator may be revoked or suspended in accordance with section 19a-517 or the license of such nursing home facility or residential care home may be revoked or suspended in the manner provided in section 19a-494, or both.

Sec. 509. Section 19a-521c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

No nursing home facility, as defined in section 19a-521, as amended by this act, or residential care home, as defined in section 19a-521, as amended by this act, shall restrict any patient from obtaining prescription drugs through a prescription drug program or health plan offered by the United States Department of Veterans Affairs. If a nursing home facility or residential care home patient obtains prescription drugs through a prescription drug program or health plan offered by the United States Department of Veterans Affairs, the nursing home facility or residential care home may require such prescription drugs to be dispensed and administered according to [the] such facility's or home's policies, provided such policies conform to applicable state and federal laws. At the request of a patient, [a nursing home] such facility or home shall dispense and administer prescription drugs obtained through a prescription drug program or health plan operated by the United States Department of Veterans Affairs regardless of the form of the drugs' packaging. Nothing in this section shall prevent [a nursing home facility] such facility or home from dispensing and administering to a patient prescription drugs that are obtained from sources other than a prescription drug program or health plan operated by the United States Department of Veterans Affairs when the patient requires such drugs before the drugs can be obtained from such drug program or health plan.

Sec. 510. Section 19a-522 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The commissioner shall adopt regulations, in accordance with chapter 54, concerning the health, safety and welfare of patients in nursing home facilities, classification of violations relating to such facilities, medical staff qualifications, record-keeping, nursing service, dietary service, personnel qualifications and general operational conditions. The regulations shall: (1) Assure that each patient admitted to a nursing home facility is protected by adequate immunization against influenza and pneumococcal disease in accordance with the recommendations of the National Advisory Committee on Immunization Practices, established by the Secretary of Health and Human Services; (2) specify that each patient be protected annually against influenza and be vaccinated against pneumonia in accordance with the recommendations of the National Advisory Committee on Immunization; and (3) provide appropriate exemptions for patients for whom such immunizations are medically contraindicated and for patients who object to such immunization on religious grounds.

(b) Nursing home facilities or residential care homes may not charge the family or estate of a deceased self-pay patient beyond the date on which such patient dies. Nursing home facilities or residential care homes shall reimburse the estate of a deceased self-pay patient, within sixty days after the death of such patient, for any advance payments made by or on behalf of the patient covering any period beyond the date of death. Interest, in accordance with subsection (a) of section 37-1, on such reimbursement shall begin to accrue from the date of such patient's death.

Sec. 511. Section 19a-523 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) If, from the results of an inspection and investigation in accordance with section 19a-498, or upon receipt of a report or complaint from the Commissioner of Social Services, pursuant to section 17b-408, and upon such review and further investigation, as the Commissioner of Public Health deems necessary, the Commissioner of Public Health determines that such nursing home facility or residential care home has violated any provision of the Public Health Code relating to the operation or maintenance of a nursing home facility or residential care home, the Commissioner of Public Health may, notwithstanding the provisions of chapter 54, request the Attorney General to seek a temporary or permanent injunction and such other relief as may be appropriate to enjoin such nursing home facility or residential care home from continuing such violation or violations. If the court determines such violation or violations exist, it may grant such injunctive relief and such other relief as justice may require and may set a time period within which such nursing home facility or residential care home shall comply with any such order.

(b) Any appeal taken from any permanent injunction granted under subsection (a) of this section shall not stay the operation of such injunction unless the court is of the opinion that great and irreparable injury will be done by not staying the operation of such injunction.

Sec. 512. Section 19a-524 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

If, upon review, investigation or inspection pursuant to section 19a-498, as amended by this act, the Commissioner of Public Health determines that a nursing home facility or residential care home has violated any provision of section 17b-406, 19a-521 to 19a-529, inclusive, as amended by this act, 19a-531 to 19a-551, inclusive, as amended by this act, or 19a-553 to 19a-555, inclusive, as amended by this act, section 19a-491a, 19a-491b, 19a-493a or 19a-528a or any regulation in the Public Health Code or regulation relating to licensure or the Fire Safety Code relating to the operation or maintenance of a nursing home facility or residential care home, which violation has been classified in accordance with section 19a-527, he or she shall immediately issue or cause to be issued a citation to the licensee of such nursing home facility or residential care home. Governmental immunity shall not be a defense to any citation issued or civil penalty imposed pursuant to sections 19a-524 to 19a-528, inclusive, as amended by this act. Each such citation shall be in writing, shall provide notice of the nature and scope of the alleged violation or violations and shall be sent by certified mail to the licensee at the address of the nursing home facility or residential care home in issue. A copy of such citation shall also be sent to the licensed administrator at the address of the [facility] nursing home facility or residential care home.

Sec. 513. Section 19a-525 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The administrator of the nursing home facility or residential care home, or his or her designee, shall, within three days, excluding Saturdays, Sundays and holidays, of receipt of the citation by the licensee, notify the commissioner if the licensee contests the citation. If the administrator fails to so notify the commissioner within such three-day period, the citation shall be deemed a final order of the commissioner, effective upon the expiration of said period.

(b) If any administrator of a nursing home facility or residential care home, or his or her designee, notifies the commissioner that the licensee contests the citation, the commissioner shall provide within five days of such notice, excluding Saturdays, Sundays and holidays, an informal conference between the licensee and the commissioner. If the licensee and commissioner fail to reach an agreement at such conference, the commissioner shall set the matter down for a hearing as a contested case in accordance with chapter 54, not more than five nor less than three days after such conference, with notice of the date of such hearing to the administrator not less than two days before such hearing, provided the minimum time requirements may be waived by agreement. The commissioner shall, [within] not later than three days, excluding Saturdays, Sundays and holidays, after the conference if agreement is reached at such conference, or after the hearing, issue a final order, based on findings of fact, affirming, modifying or vacating the citation.

Sec. 514. Section 19a-526 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) When, in the case of a class A or B violation, a final order becomes effective, the citation, the order, if any, affirming or modifying the citation and the finding shall be filed by the Commissioner of Public Health in the office of the clerk of the superior court for the judicial district of Hartford. Said clerk shall cause said citation, order, if any, and finding to be filed in said court. Upon such filing, the civil penalty imposed may be enforced in the same manner as a judgment of the Superior Court, provided if an appeal is taken in accordance with section 19a-529, as amended by this act, the court or a judge thereof may, in its or his discretion, stay execution of such order.

(b) Civil penalties imposed pursuant to this section shall be paid not later than fifteen days after the final date by which an appeal may be taken as provided in section 19a-529, as amended by this act, or, if an appeal is taken, not later than fifteen days after the final judgment on such appeal. In the event such fines are not paid, the Commissioner of Public Health shall notify the Commissioner of Social Services who is authorized to immediately withhold from the nursing home's or residential care home's next medical assistance payment, an amount equal to the amount of the civil penalty.

Sec. 515. Section 19a-527 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Citations issued pursuant to section 19a-524, as amended by this act, shall be classified according to the nature of the violation and shall state such classification and the amount of the civil penalty to be imposed on the face thereof. The Commissioner of Public Health shall, by regulation in accordance with chapter 54, classify violations as follows:

(a) Class A violations are conditions [which] that the Commissioner of Public Health determines present an immediate danger of death or serious harm to any patient in the nursing home facility or residential care home. For each class A violation, a civil penalty of not more than five thousand dollars may be imposed;

(b) Class B violations are conditions [which] that the Commissioner of Public Health determines present a probability of death or serious harm in the reasonably foreseeable future to any patient in the nursing home facility or residential care home, but [which] that he or she does not find constitute a class A violation. For each such violation, a civil penalty of not more than three thousand dollars may be imposed.

Sec. 516. Section 19a-528 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

In imposing the civil penalties [which] that shall become due under sections 19a-524 to 19a-528, inclusive, as amended by this act, the commissioner may consider all factors [which he] that the commissioner deems relevant, including, but not limited to, the following:

(1) The amount of assessment necessary to insure immediate and continued compliance;

(2) The character and degree of impact of the violation on the health, safety and welfare of any patient in the nursing home facility or residential care home;

(3) The conduct of the person against whom the citation is issued in taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation;

(4) Any prior violations by the nursing home facility or residential care home of statutes, regulations or orders administered, adopted or issued by the Commissioner of Public Health.

Sec. 517. Section 19a-529 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Any person aggrieved by a final order pursuant to sections 19a-524 to 19a-528, inclusive, as amended by this act, may appeal such order to the superior court for the judicial district in which the nursing home facility or residential care home is situated in accordance with section 4-183. Such appeal shall have precedence in the order of trial to the same extent as provided in section 52-191. This section shall provide the exclusive procedure for appealing any such order.

Sec. 518. Section 19a-531 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Any employee of the Department of Public Health or the Department of Social Services or any regional ombudsman who gives or causes to be given any advance notice to any nursing home facility or residential care home, directly or indirectly, that an investigation or inspection is under consideration or is impending or gives any information regarding any complaint submitted pursuant to section 17b-408 [,] or 19a-523, as amended by this act, prior to an on-the-scene investigation or inspection of such facility, unless specifically mandated by federal or state regulations to give advance notice, shall be guilty of a class B misdemeanor and may be subject to dismissal, suspension or demotion in accordance with chapter 67.

Sec. 519. Section 19a-532 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

No nursing home facility or residential care home shall discharge or in any manner discriminate or retaliate against any patient in any nursing home facility or residential care home, or any relative, guardian, conservator or sponsoring agency thereof or against any employee of any nursing home facility or residential care home or against any other person because such patient, relative, guardian, conservator, sponsoring agency, employee or other person has filed any complaint or instituted or caused to be instituted any proceeding under sections 17b-406, 17b-408, 19a-531 to 19a-534, inclusive, as amended by this act, 19a-536 to 19a-539, inclusive, as amended by this act, 19a-550, as amended by this act, 19a-553, as amended by this act, and 19a-554, or has testified or is about to testify in any such proceeding or because of the exercise by such patient, relative, guardian, conservator, sponsoring agency, employee or other person on behalf of himself, herself or others of any right afforded by said sections. Notwithstanding any other provision of the general statutes, any nursing home facility [which] or residential care home that violates any provision of this section shall be liable to the injured party for treble damages.

Sec. 520. Section 19a-534 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

If the commissioner determines that there is imminent danger to the health, safety or welfare of any patient in any nursing home facility or residential care home, said commissioner may transfer or cause to be transferred such patient to another nursing home facility, residential care home or hospital, provided the commissioner promptly notifies the spouse, relative, guardian or conservator or sponsoring agency of such patient of the transfer and indicates the nursing home facility, residential care home or hospital to which such patient has been transferred.

Sec. 521. Section 19a-534a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

If the commissioner finds that the health, safety or welfare of any patient or patients in any nursing home facility or residential care home imperatively requires emergency action and incorporates a finding to that effect in the order, the commissioner may issue a summary order to the holder of a license issued pursuant to section 19a-493 pending completion of any proceedings conducted pursuant to section 19a-494. Such proceedings shall be promptly instituted and determined. The orders [which] that the commissioner may issue shall include, but not be limited to: (1) Revoking or suspending the license; (2) prohibiting the nursing home facility or residential care home from admitting new patients or discharging current patients; (3) limiting the license of a nursing home facility or residential care home in any respect, including reducing the licensed patient capacity; and (4) compelling compliance with the applicable statutes or regulations administered or adopted by the department.

Sec. 522. Section 19a-538 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

On or before January 1, 1977, and annually thereafter, the Department of Public Health shall publish a report, available to the public, [which] that shall include, but not be limited to, a list of all nursing home facilities and residential care homes in this state; whether such nursing home facilities and residential care homes are proprietary or nonproprietary; the classification of each such nursing home facility and residential care home; the name of the owner or owners, including the name of any partnership, corporation, trust, individual proprietorship or other legal entity [which] that owns or controls, directly or indirectly, such facility or residential care homes; the total number of beds; the number of private and semiprivate rooms; the religious affiliation, and religious services offered, if any, in the nursing home facility or residential care home; the cost per diem for private patients; the languages spoken by the administrator and staff of such nursing home facility or residential care home; the number of full-time employees and their professions; whether or not such nursing home facility or residential care home accepts Medicare and Medicaid patients; recreational and other programs available and the number and nature of any class A or class B citation issued against such nursing home facility or residential care home in the previous year.

Sec. 523. Section 19a-541 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

As used in this section and sections 19a-542 to 19a-549, inclusive, unless the context otherwise requires:

(1) "Nursing home facility" shall have the same meaning as provided in section 19a-521, as amended by this act;

(2) "Emergency" means a situation, physical condition or one or more practices, methods or operations which presents imminent danger of death or serious physical or mental harm to residents of a nursing home facility;

(3) "Transfer trauma" means the medical and psychological reactions to physical transfer that increase the risk of death, or grave illness, or both, in elderly persons; [and]

(4) "Substantial violation" means a violation of law [which] that presents a reasonable likelihood of serious physical or mental harm to residents of a nursing home facility [. ] or residential care home; and

(5) "Residential care home" shall have the same meaning as provided in section 19a-521, as amended by this act.

Sec. 524. Section 19a-542 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) An application to appoint a receiver for a nursing home facility or residential care home may be filed in the Superior Court by the Commissioner of Social Services, the Commissioner of Public Health or the director of the Office of Protection and Advocacy for Persons with Disabilities. A resident of [a facility] such facility or home, or such resident's legally liable relative, conservator or guardian may file a written complaint with the Commissioner of Public Health specifying conditions at [the] such facility [which] or home that warrant an application to appoint a receiver. If the Commissioner of Public Health fails to resolve such complaint [within] not later than forty-five days [of] after its receipt or, in the case of a nursing home facility [which] or residential care home that intends to close, [within] not later than seven days [of] after its receipt, the person who filed the complaint may file an application in the Superior Court for the appointment of a receiver for such facility or home. Said court shall immediately notify the Attorney General of such application. The court shall hold a hearing not later than ten days after the date the application is filed. Notice of such hearing shall be given to the owner of such facility or residential care home, or such owner's agent for service of process, not less than five days prior to such hearing. Such notice shall be posted by the court in a conspicuous place inside such facility for not less than three days prior to such hearing.

(b) A resident of a nursing home facility or residential care home for which an application to appoint a receiver has been filed or such resident's legally liable relative, conservator or guardian may appear as a party to the proceedings.

(c) Notwithstanding the provisions of subsection (a) of this section the court may appoint a receiver upon an ex parte motion when affidavits, testimony or any other evidence presented indicates that there is a reasonable likelihood an emergency exists in such facility or home which must be remedied immediately to insure the health, safety and welfare of the patients of such facility or home. Notice of the application and order shall be served on the owner or [his] or the owner's agent for service of process and shall be posted in a conspicuous place inside [the] such facility or home not later than twenty-four hours after issuance of such order. A hearing on the application shall be held not later than five days after the issuance of such order unless the owner consents to a later date.

Sec. 525. Section 19a-543 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The court shall grant an application for the appointment of a receiver for a nursing home facility or residential care home upon a finding of any of the following: (1) Such facility or home is operating without a license issued pursuant to this chapter or such facility's or home's license has been suspended or revoked pursuant to section 19a-494; (2) such facility or home intends to close and adequate arrangements for relocation of its residents have not been made at least thirty days prior to closing; (3) such facility or home has sustained a serious financial loss or failure which jeopardizes the health, safety and welfare of the patients or there is a reasonable likelihood of such loss or failure; or (4) there exists in such facility a condition in substantial violation of the Public Health Code, or any other applicable state statutes, or Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as amended, or any regulation adopted pursuant to such state or federal laws.

Sec. 526. Section 19a-544 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

It shall be a sufficient defense to a receivership application if any owner of a nursing home facility or residential care home establishes that, (1) [he] the owner did not have knowledge or could not reasonably have known that any conditions in violation of section 19a-543 existed, or (2) [he] the owner did not have a reasonable time in which to correct such violations, or (3) the violations listed in the application do not, in fact, exist or, in the event the grounds upon which the petition is based are those set forth in subdivision (2) of section 19a-543, as amended by this act, [the] such facility or home does not intend to close.

Sec. 527. Subsection (a) of section 19a-545 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) A receiver appointed pursuant to the provisions of sections 19a-541 to 19a-549, inclusive, as amended by this act, in operating [such] a nursing home facility or residential care home, shall have the same powers as a receiver of a corporation under section 52-507, except as provided in subsection (c) of this section and shall exercise such powers to remedy the conditions [which] that constituted grounds for the imposition of receivership, assure adequate health care for the residents and preserve the assets and property of the owner. If [a] such facility or home is placed in receivership it shall be the duty of the receiver to notify each resident and each resident's guardian or conservator, if any, or legally liable relative or other responsible party, if known. Such receiver may correct or eliminate any deficiency in the structure or furnishings of [the] such facility or home [which] that endangers the safety or health of the residents while they remain in [the] such facility or home, provided the total cost of correction does not exceed three thousand dollars. The court may order expenditures for this purpose in excess of three thousand dollars on application from such receiver. If any resident is transferred or discharged such receiver shall provide for: (1) Transportation of the resident and such resident's belongings and medical records to the place where such resident is being transferred or discharged; (2) aid in locating an alternative placement and discharge planning in accordance with section 19a-535; (3) preparation for transfer to mitigate transfer trauma, including but not limited to, participation by the resident or the resident's guardian in the selection of the resident's alternative placement, explanation of alternative placements and orientation concerning the placement chosen by the resident or the resident's guardian; and (4) custodial care of all property or assets of residents [which] that are in the possession of an owner of [the] such facility or home. The receiver shall preserve all property, assets and records of residents [which] that the receiver has custody of and shall provide for the prompt transfer of the property, assets and records to the alternative placement of any transferred resident. In no event may the receiver transfer all residents and close [a] such facility or home without a court order and without complying with the notice and discharge plan requirements for each resident in accordance with section 19a-535.

Sec. 528. Subsection (a) of section 19a-546 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) A receiver may not be required to honor any lease, mortgage, secured transaction or other contract entered into by the owner of [the] a nursing home facility or residential care home if, upon application to the Superior Court, said court determines that: (1) The person seeking payment under the agreement was an owner or controlling stockholder of [the] such facility or home or was an affiliate of such owner or controlling stockholder at the time the agreement was made; or (2) the rental, price or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the contract was entered into.

Sec. 529. Section 19a-547 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The court may appoint any responsible individual whose name is proposed by the Commissioner of Public Health and the Commissioner of Social Services to act as a receiver. [Such] For a nursing home facility, such individual shall be a nursing home facility administrator licensed in the state of Connecticut with substantial experience in operating Connecticut nursing homes. [On or before July 1, 2004, the] For a residential care home, such individual shall have experience as a residential care home administrator or, if there is no such individual, such individual shall have experience in the state similar to that of a residential care home administrator. The Commissioner of Social Services shall adopt regulations governing qualifications for proposed receivers consistent with this subsection. No state employee or owner, administrator or other person with a financial interest in the [facility] nursing home facility or residential care home may serve as a receiver for that [facility] nursing home facility or residential care home. No person appointed to act as a receiver shall be permitted to have a current financial interest in the [facility] nursing home facility or residential care home; nor shall such person appointed as a receiver be permitted to have a financial interest in the [facility] nursing home facility or residential care home for a period of five years from the date the receivership ceases.

(b) The court may remove such receiver in accordance with section 52-513. A nursing home facility or residential care home receiver appointed pursuant to this section shall be entitled to a reasonable receiver's fee as determined by the court. The receiver shall be liable only in [his] the receiver's official capacity for injury to person and property by reason of the conditions of the nursing home [. He] facility or residential care home. The receiver shall not be personally liable, except for acts or omissions constituting gross, wilful or wanton negligence.

(c) The court, in its discretion, may require a bond of such receiver in accordance with section 52-506.

(d) The court may require the Commissioner of Public Health to provide for the payment of any receiver's fees authorized in subsection (a) of this section upon a showing by such receiver to the satisfaction of the court that (1) the assets of the nursing home facility or residential care home are not sufficient to make such payment, and (2) no other source of payment is available, including the submission of claims in a bankruptcy proceeding. The state shall have a claim for any court-ordered fees and expenses of the receiver [which] that shall have priority over all other claims of secured and unsecured creditors and other persons whether or not [the] such nursing home facility or residential care home is in bankruptcy, to the extent allowed under state or federal law.

Sec. 530. Section 19a-548 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Each receiver shall, during the first week in January, April, July and October in each year, sign, swear to and file with the clerk of the court by which [he] the receiver was appointed a full and detailed account of his or her doings as such receiver for the three months next preceding, together with a statement of all court orders passed during such three months and the present condition and prospects of the nursing home facility or residential care home in [his] the receiver's charge, and cause a motion for a hearing and approval of the same to be placed on the short calendar.

Sec. 531. Section 19a-549 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The Superior Court, upon a motion by the receiver or the owner of [such] the nursing home facility or residential care home, may terminate the receivership if it finds that such facility or home has been rehabilitated so that the violations complained of no longer exist or if such receivership was instituted pursuant to subdivision (2) of section 19a-543, as amended by this act, the orderly transfer of the patients has been completed and such facility or home is ready to be closed. Upon such finding, the court may terminate the receivership and return such facility or home to its owner. In its termination order the court may include such terms as it deems necessary to prevent the conditions complained of from recurring.

Sec. 532. Section 19a-550 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) (1) As used in this section, (A) "nursing home facility" shall have the same meaning as provided in section 19a-521, as amended by this act, [and] (B) "residential care home" shall have the same meaning as provided in section 19a-521, as amended by this act, and (C) "chronic disease hospital" means a long-term hospital having facilities, medical staff and all necessary personnel for the diagnosis, care and treatment of chronic diseases; and (2) for the purposes of subsections (c) and (d) of this section, and subsection (b) of section 19a-537, "medically contraindicated" means a comprehensive evaluation of the impact of a potential room transfer on the patient's physical, mental and psychosocial well-being, which determines that the transfer would cause new symptoms or exacerbate present symptoms beyond a reasonable adjustment period resulting in a prolonged or significant negative outcome that could not be ameliorated through care plan intervention, as documented by a physician in a patient's medical record.

(b) There is established a patients' bill of rights for any person admitted as a patient to any nursing home facility, residential care home or chronic disease hospital. The patients' bill of rights shall be implemented in accordance with the provisions of Sections 1919(b), 1919(c), 1919(c)(2), 1919(c)(2)(D) and 1919(c)(2)(E) of the Social Security Act. The patients' bill of rights shall provide that each such patient: (1) Is fully informed, as evidenced by the patient's written acknowledgment, prior to or at the time of admission and during the patient's stay, of the rights set forth in this section and of all rules and regulations governing patient conduct and responsibilities; (2) is fully informed, prior to or at the time of admission and during the patient's stay, of services available in [the] such facility or chronic disease hospital, and of related charges including any charges for services not covered under Titles XVIII or XIX of the Social Security Act, or not covered by basic per diem rate; (3) in such facility or hospital is entitled to choose the patient's own physician and is fully informed, by a physician, of the patient's medical condition unless medically contraindicated, as documented by the physician in the patient's medical record, and is afforded the opportunity to participate in the planning of the patient's medical treatment and to refuse to participate in experimental research; (4) in a residential care home or a chronic disease hospital is transferred from one room to another within [the facility] such home or chronic disease hospital only for medical reasons, or for the patient's welfare or that of other patients, as documented in the patient's medical record and such record shall include documentation of action taken to minimize any disruptive effects of such transfer, except a patient who is a Medicaid recipient may be transferred from a private room to a nonprivate room, provided no patient may be involuntarily transferred from one room to another within [the facility] such home or chronic disease hospital if (A) it is medically established that the move will subject the patient to a reasonable likelihood of serious physical injury or harm, or (B) the patient has a prior established medical history of psychiatric problems and there is psychiatric testimony that as a consequence of the proposed move there will be exacerbation of the psychiatric problem [which] that would last over a significant period of time and require psychiatric intervention; and in the case of an involuntary transfer from one room to another within [the facility] such home or chronic disease hospital, the patient and, if known, the patient's legally liable relative, guardian or conservator or a person designated by the patient in accordance with section 1-56r, is given [at least] not less than thirty days' and [no] not more than sixty days' written notice to ensure orderly transfer from one room to another within [the facility] such home or chronic disease hospital, except where the health, safety or welfare of other patients is endangered or where immediate transfer from one room to another within [the facility] such home or chronic disease hospital is necessitated by urgent medical need of the patient or where a patient has resided in [the facility] such home or chronic disease hospital for less than thirty days, in which case notice shall be given as many days before the transfer as practicable; (5) is encouraged and assisted, throughout the patient's period of stay, to exercise the patient's rights as a patient and as a citizen, and to this end, has the right to be fully informed about patients' rights by state or federally funded patient advocacy programs, and may voice grievances and recommend changes in policies and services to nursing home facility, residential care home or chronic disease hospital staff or to outside representatives of the patient's choice, free from restraint, interference, coercion, discrimination or reprisal; (6) shall have prompt efforts made by [the facility] such nursing home facility, residential care home or chronic disease hospital to resolve grievances the patient may have, including those with respect to the behavior of other patients; (7) may manage the patient's personal financial affairs, and is given a quarterly accounting of financial transactions made on the patient's behalf; (8) is free from mental and physical abuse, corporal punishment, involuntary seclusion and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the patient's medical symptoms. Physical or chemical restraints may be imposed only to ensure the physical safety of the patient or other patients and only upon the written order of a physician that specifies the type of restraint and the duration and circumstances under which the restraints are to be used, except in emergencies until a specific order can be obtained; (9) is assured confidential treatment of the patient's personal and medical records, and may approve or refuse their release to any individual outside the facility, except in case of the patient's transfer to another health care institution or as required by law or third-party payment contract; (10) receives quality care and services with reasonable accommodation of individual needs and preferences, except where the health or safety of the individual would be endangered, and is treated with consideration, respect, and full recognition of the patient's dignity and individuality, including privacy in treatment and in care for the patient's personal needs; (11) is not required to perform services for the nursing home facility, residential care home or chronic disease hospital that are not included for therapeutic purposes in the patient's plan of care; (12) may associate and communicate privately with persons of the patient's choice, including other patients, send and receive the patient's personal mail unopened and make and receive telephone calls privately, unless medically contraindicated, as documented by the patient's physician in the patient's medical record, and receives adequate notice before the patient's room or roommate in [the] such facility, home or chronic disease hospital is changed; (13) is entitled to organize and participate in patient groups in [the] such facility, home or chronic disease hospital and to participate in social, religious and community activities that do not interfere with the rights of other patients, unless medically contraindicated, as documented by the patient's physician in the patient's medical records; (14) may retain and use the patient's personal clothing and possessions unless to do so would infringe upon rights of other patients or unless medically contraindicated, as documented by the patient's physician in the patient's medical record; (15) is assured privacy for visits by the patient's spouse or a person designated by the patient in accordance with section 1-56r and, if the patient is married and both the patient and the patient's spouse are inpatients in the facility, they are permitted to share a room, unless medically contraindicated, as documented by the attending physician in the medical record; (16) is fully informed of the availability of and may examine all current state, local and federal inspection reports and plans of correction; (17) may organize, maintain and participate in a patient-run resident council, as a means of fostering communication among residents and between residents and staff, encouraging resident independence and addressing the basic rights of nursing home facility, residential care home and chronic disease hospital patients and residents, free from administrative interference or reprisal; (18) is entitled to the opinion of two physicians concerning the need for surgery, except in an emergency situation, prior to such surgery being performed; (19) is entitled to have the patient's family or a person designated by the patient in accordance with section 1-56r meet in [the] such facility, residential care home or chronic disease hospital with the families of other patients in the facility to the extent [the] such facility, residential care home or chronic disease hospital has existing meeting space available [which] that meets applicable building and fire codes; (20) is entitled to file a complaint with the Department of Social Services and the Department of Public Health regarding patient abuse, neglect or misappropriation of patient property; (21) is entitled to have psychopharmacologic drugs administered only on orders of a physician and only as part of a written plan of care developed in accordance with Section 1919(b)(2) of the Social Security Act and designed to eliminate or modify the symptoms for which the drugs are prescribed and only if, at least annually, an independent external consultant reviews the appropriateness of the drug plan; (22) is entitled to be transferred or discharged from the facility only pursuant to section 19a-535, 19a-535a or [section] 19a-535b, as applicable; (23) is entitled to be treated equally with other patients with regard to transfer, discharge and the provision of all services regardless of the source of payment; (24) shall not be required to waive any rights to benefits under Medicare or Medicaid or to give oral or written assurance that the patient is not eligible for, or will not apply for benefits under Medicare or Medicaid; (25) is entitled to be provided information by the nursing home facility or chronic disease hospital as to how to apply for Medicare or Medicaid benefits and how to receive refunds for previous payments covered by such benefits; (26) on or after October 1, 1990, shall not be required to give a third-party guarantee of payment to the facility as a condition of admission to, or continued stay in, [the] such facility; (27) is entitled to have [the] such facility not charge, solicit, accept or receive any gift, money, donation, third-party guarantee or other consideration as a precondition of admission or expediting the admission of the individual to [the] such facility or as a requirement for the individual's continued stay in [the] such facility; and (28) shall not be required to deposit the patient's personal funds in [the] such facility, home or chronic disease hospital.

(c) The patients' bill of rights shall provide that a patient in a rest home with nursing supervision or a chronic and convalescent nursing home may be transferred from one room to another within [a facility] such home only for the purpose of promoting the patient's well-being, except as provided pursuant to subparagraph (C) or (D) of this subsection or subsection (d) of this section. Whenever a patient is to be transferred, [the facility] such home shall effect the transfer with the least disruption to the patient and shall assess, monitor and adjust care as needed subsequent to the transfer in accordance with subdivision (10) of subsection (b) of this section. When a transfer is initiated by [the facility] such home and the patient does not consent to the transfer, [the facility] such home shall establish a consultative process that includes the participation of the attending physician, a registered nurse with responsibility for the patient and other appropriate staff in disciplines as determined by the patient's needs, and the participation of the patient, the patient's family, a person designated by the patient in accordance with section 1-56r or other representative. The consultative process shall determine: (1) What caused consideration of the transfer; (2) whether the cause can be removed; and (3) if not, whether [the facility] such home has attempted alternatives to transfer. The patient shall be informed of the risks and benefits of the transfer and of any alternatives. If subsequent to the completion of the consultative process a patient still does not wish to be transferred, the patient may be transferred without the patient's consent, unless medically contraindicated, only (A) if necessary to accomplish physical plant repairs or renovations that otherwise could not be accomplished; provided, if practicable, the patient, if the patient wishes, shall be returned to the patient's room when the repairs or renovations are completed; (B) due to irreconcilable incompatibility between or among roommates, which is actually or potentially harmful to the well-being of a patient; (C) if [the facility] such home has two vacancies available for patients of the same sex in different rooms, there is no applicant of that sex pending admission in accordance with the requirements of section 19a-533 and grouping of patients by the same sex in the same room would allow admission of patients of the opposite sex, [which] that otherwise would not be possible; (D) if necessary to allow access to specialized medical equipment no longer needed by the patient and needed by another patient; or (E) if the patient no longer needs the specialized services or programming that is the focus of the area of [the facility] such home in which the patient is located. In the case of an involuntary transfer, [the facility] such home shall, subsequent to completion of the consultative process, provide the patient and the patient's legally liable relative, guardian or conservator if any or other responsible party if known, with at least fifteen days' written notice of the transfer, which shall include the reason for the transfer, the location to which the patient is being transferred, and the name, address and telephone number of the regional long-term care ombudsman, except that in the case of a transfer pursuant to subparagraph (A) of this subsection at least thirty days' notice shall be provided. Notwithstanding the provisions of this subsection, a patient may be involuntarily transferred immediately from one room to another within [a facility] such home to protect the patient or others from physical harm, to control the spread of an infectious disease, to respond to a physical plant or environmental emergency that threatens the patient's health or safety or to respond to a situation that presents a patient with an immediate danger of death or serious physical harm. In such a case, disruption of patients shall be minimized; the required notice shall be provided [within] not later than twenty-four hours after the transfer; if practicable, the patient, if the patient wishes, shall be returned to the patient's room when the threat to health or safety [which] that prompted the transfer has been eliminated; and, in the case of a transfer effected to protect a patient or others from physical harm, the consultative process shall be established on the next business day.

(d) Notwithstanding the provisions of subsection (c) of this section, unless medically contraindicated, a patient who is a Medicaid recipient may be transferred from a private to a nonprivate room. In the case of such a transfer, the nursing home facility shall (1) give [at least] not less than thirty days' written notice to the patient and the patient's legally liable relative, guardian or conservator, if any, a person designated by the patient in accordance with section 1-56r or other responsible party, if known, which notice shall include the reason for the transfer, the location to which the patient is being transferred and the name, address and telephone number of the regional long-term care ombudsman; and (2) establish a consultative process to effect the transfer with the least disruption to the patient and assess, monitor and adjust care as needed subsequent to the transfer in accordance with subdivision (10) of subsection (b) of this section. The consultative process shall include the participation of the attending physician, a registered nurse with responsibility for the patient and other appropriate staff in disciplines as determined by the patient's needs, and the participation of the patient, the patient's family, a person designated by the patient in accordance with section 1-56r or other representative.

(e) Any nursing home facility, residential care home or chronic disease hospital that negligently deprives a patient of any right or benefit created or established for the well-being of the patient by the provisions of this section shall be liable to such patient in a private cause of action for injuries suffered as a result of such deprivation. Upon a finding that a patient has been deprived of such a right or benefit, and that the patient has been injured as a result of such deprivation, damages shall be assessed in the amount sufficient to compensate such patient for such injury. The rights or benefits specified in subsections (b) to (d), inclusive, of this section may not be reduced, rescinded or abrogated by contract. In addition, where the deprivation of any such right or benefit is found to have been wilful or in reckless disregard of the rights of the patient, punitive damages may be assessed. A patient may also maintain an action pursuant to this section for any other type of relief, including injunctive and declaratory relief, permitted by law. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit under this section.

(f) In addition to the rights specified in subsections (b), (c) and (d) of this section, a patient in a nursing home facility is entitled to have the facility manage the patient's funds as provided in section 19a-551, as amended by this act.

Sec. 533. Section 19a-551 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

Each nursing home facility shall: (1) On or before the admission of each patient provide such patient or such patient's legally liable relative, guardian or conservator with a written statement explaining such patient's rights regarding the patient's personal funds and listing the charges [which] that may be deducted from such funds. Such statement shall explain that the nursing home facility shall on and after October 1, 1992, pay interest at a rate not less than four per cent per annum and on and after October 1, 1994, pay interest at a rate not less than five and one-half per cent per annum on any security deposit or other advance payment required of such patient prior to admission to the nursing home facility. In the case of patients receiving benefits under Title XVIII or XIX of the federal Social Security Act the statement shall include a list of charges not covered by said titles and not covered by the basic per diem rate provided by said titles. Upon delivery of such statement the person in charge of the nursing home facility shall obtain a signed receipt acknowledging such delivery; (2) upon written consent or request of the patient or the patient's legally liable relative, guardian or conservator, manage such patient's personal funds, provided such consent by a patient shall not be effective unless cosigned by the patient's legally liable relative or guardian if such patient has been determined by a physician to be mentally incapable of understanding and no conservator has been appointed. As manager of such personal funds the nursing home facility shall: (A) Either maintain separate accounts for each patient or maintain an aggregate trust account for patients' funds to prevent commingling the personal funds of patients with the funds of [the] such facility. [The] Such facility shall notify in writing each patient receiving Medicaid assistance or such patient's legally liable relative, guardian or conservator when the amount in the patient's account reaches two hundred dollars less than the dollar amount determined under the Medicaid program as the maximum for eligibility under the program and advise the patient or such patient's legally liable relative, guardian or conservator that if the amount in the account plus the value of the patient's other nonexempt resources reaches the maximum the patient may lose his or her Medicaid eligibility; (B) obtain signed receipts for each expenditure from each patient's personal funds; (C) maintain an individual itemized record of income and expenditures for each patient, including quarterly accountings; and (D) permit the patient or the patient's legally liable relative, guardian or conservator, and the regional long-term care ombudsman, and representatives from the Departments of Social Services and Public Health, access to such record; and (3) (A) refund any overpayment or deposit from a former patient or such patient's legally liable relative, guardian or conservator [within] not later than thirty days [of] after the patient's discharge and (B) refund any deposit from an individual planning to be admitted to [the] such facility [within] not later than thirty days of receipt of written notification that the individual is no longer planning to be admitted. A refund issued after thirty days shall include interest at a rate of ten per cent per annum. For the purposes of this section "deposit" shall include liquidated damages under any contract for pending admission.

Sec. 534. Subsection (a) of section 20-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) A registered nurse, licensed under this chapter, in charge in a hospice, [or] nursing home facility, as defined in section 19a-521, as amended by this act, residential care home, as defined in section 19a-521, as amended by this act, or a registered nurse, licensed under this chapter or a registered nurse employed by a home health care agency licensed by the state of Connecticut, in a home or residence may make the actual determination and pronouncement of death of a patient provided that the following conditions are satisfied: (1) The death is an anticipated death; (2) the registered nurse attests to such pronouncement on the certificate of death; and (3) the registered nurse, an advanced practice registered nurse licensed under this chapter, or a physician licensed under chapter 370 certifies the death and signs the certificate of death [no] not later than twenty-four hours after the pronouncement.

Sec. 535. Subsection (a) of section 45a-644 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) "Conservator of the estate" means a person, a municipal or state official, or a private profit or nonprofit corporation except a hospital, [or] nursing home facility, as defined in section 19a-521, as amended by this act, or residential care home, as defined in section 19a-521, as amended by this act, appointed by the Court of Probate under the provisions of sections 45a-644 to 45a-663, inclusive, as amended by this act, to supervise the financial affairs of a person found to be incapable of managing his or her own affairs or of a person who voluntarily asks the Court of Probate for the appointment of a conservator of the estate, and includes a temporary conservator of the estate appointed under the provisions of section 45a-654.

Sec. 536. Subsection (a) of section 45a-669 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) "Plenary guardian of a person with intellectual disability" means a person, legally authorized state official, or private nonprofit corporation, except a hospital, [or] nursing home facility, as defined in section 19a-521, as amended by this act, or residential care home, as defined in section 19a-521, as amended by this act, appointed by a court of probate pursuant to the provisions of sections 45a-669 to 45a-684, inclusive, as amended by this act, to supervise all aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677, for the benefit of such adult, who by reason of the severity of his or her intellectual disability, has been determined to be totally unable to meet essential requirements for his physical health or safety and totally unable to make informed decisions about matters related to his or her care.

Sec. 537. Subdivision (6) of section 46a-11a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(6) "Facility" means any public or private hospital, nursing home facility, residential care home, training school, regional facility, group home, community companion home, school or other program serving persons with intellectual disability;

Sec. 538. Section 19a-524 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

If, upon review, investigation or inspection pursuant to section 19a-498, the Commissioner of Public Health determines that a nursing home facility has violated any provision of section 17b-406, 19a-521 to 19a-529, inclusive, as amended by this act, 19a-531 to 19a-551, inclusive, as amended by this act, or 19a-553 to 19a-555, inclusive, section 19a-491a, 19a-491b, as amended by this act, 19a-491c, 19a-493a or 19a-528a or any regulation in the Public Health Code or regulation relating to licensure or the Fire Safety Code relating to the operation or maintenance of a nursing home facility, which violation has been classified in accordance with section 19a-527, as amended by this act, he shall immediately issue or cause to be issued a citation to the licensee of such nursing home facility. Governmental immunity shall not be a defense to any citation issued or civil penalty imposed pursuant to sections 19a-524 to 19a-528, inclusive, as amended by this act. Each such citation shall be in writing, shall provide notice of the nature and scope of the alleged violation or violations and shall be sent by certified mail to the licensee at the address of the nursing home facility in issue. A copy of such citation shall also be sent to the licensed administrator at the address of the facility.

Sec. 539. Subsection (b) of section 22a-403 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) The commissioner or [his] the commissioner's representative, engineer or consultant shall determine the impact of the construction work on the environment, on the safety of persons and property and on the inland wetlands and watercourses of the state in accordance with the provisions of sections 22a-36 to 22a-45, inclusive, and shall further determine the need for a fishway in accordance with the provisions of section 26-136, and shall examine the documents and inspect the site, and, upon approval thereof, the commissioner shall issue a permit authorizing the proposed construction work under such conditions as the commissioner may direct. The commissioner shall send a copy of the permit to the town clerk in any municipality in which the structure is located or any municipality which will be affected by the structure. An applicant for a permit issued under this section to construct a dam for a public drinking water supply shall notify the Commissioner of Public Health of such application. An applicant for a permit issued under this section to alter, rebuild, repair or remove an existing dam shall not be required to obtain a permit under sections 22a-36 to 22a-45a, inclusive, or section 22a-342 or 22a-368. An applicant for a permit issued under this section to construct a new dam shall not be required to obtain a permit under sections 22a-36 to 22a-45a, inclusive, for such construction.

Sec. 540. Section 52-146o of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Except as provided in sections 52-146c to 52-146j, inclusive, sections 52-146p, 52-146q and 52-146s, and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, a physician or surgeon, [as defined in subsection (b) of section 20-7b] licensed pursuant to section 20-9, as amended by this act, or other licensed health care provider, shall not disclose (1) any communication made to him or her by, or any information obtained by him or her from, a patient or the conservator or guardian of a patient with respect to any actual or supposed physical or mental disease or disorder, or (2) any information obtained by personal examination of a patient, unless the patient or [his] that patient's authorized representative explicitly consents to such disclosure.

(b) Consent of the patient or [his] the patient's authorized representative shall not be required for the disclosure of such communication or information (1) pursuant to any statute or regulation of any state agency or the rules of court, (2) by a physician, surgeon or other licensed health care provider against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to [his] the physician's, surgeon's or other licensed health care provider's attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a physician, surgeon or health care provider in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.

Sec. 541. Section 10a-22b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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 executive director a certificate authorizing the occupational instruction to be offered.

(b) Except for initial authorizations, the executive director 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 executive director 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 executive director, or the executive director's designee, in such manner as the executive director, or the executive director'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 pursuant to subsection (d) of this section and subsection (g) of section 10a-22d 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. Each application for initial authorization shall be accompanied by a nonrefundable application fee made payable to the private occupational school student protection account in the amount of two thousand dollars for the private occupational school and two hundred dollars for each branch of a private occupational school in this state.

(d) Each person, board, association, partnership, corporation, limited liability company or other entity seeking to offer occupational instruction shall have a net worth consisting of sufficient liquid assets or produce other evidence of fiscal soundness to demonstrate the ability of the proposed private occupational school to operate, achieve all of its objectives and meet all of its obligations, including those concerning staff and students, during the period of time for which the authorization is sought.

(e) Upon receipt of a complete application pursuant to subsection (c) of this section, the executive director shall cause to be conducted an evaluation of the applicant school. Thereafter, the executive director 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 executive director 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 executive director, he shall set forth the reasons therefor in writing and the applicant school may request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.

(f) For purposes of an evaluation of an applicant school, the executive director, or the executive director's designee, shall appoint an evaluation team which shall include (1) at least two members representing the Office of Higher Education, 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 executive director 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 executive director within ten business days from the date such challenge is filed, and if the challenge is upheld the executive director shall appoint a replacement. Employees of the state or any political subdivision of the state may be members of evaluation teams. The executive director, or the executive director's designee, shall not appoint any person to an evaluation team unless the executive director, 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 executive director 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.

(g) The evaluation team appointed pursuant to subsection (f) 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 executive director 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; (H) any student housing owned, leased, rented or otherwise maintained by the applicant school shall be safe and adequate; and (I) the school and any branch of the school in this state has a director located at the school or branch who is responsible for daily oversight of the school's or branch's operations. The evaluation team may also indicate in its report such recommendations as may improve the operation of the applicant school.

(h) 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 executive director 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 executive director 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 executive director's process, or by 2012, whichever is earlier.

(i) Any program, school or other entity offering instruction in any form or manner in barbering or hairdressing for any remuneration, consideration, reward or promise shall obtain a certificate of authorization from the executive director of the Office of Higher Education for the occupational instruction offered. Each program, school or entity approved on or before July 1, 2013, by the Connecticut Examining Board for Barbers, Hairdressers and Cosmeticians pursuant to chapter 368 or 387 that submits an application for initial authorization shall pay an application fee of five hundred dollars made payable to the private occupational school student protection account. The executive director of the Office of Higher Education shall develop a process for prioritizing the authorization of such barber and hairdressing programs, schools and entities. Such programs, schools and entities shall be in compliance with this section on or before July 1, 2015, or when required pursuant to the executive director's process, whichever is earlier. No person, board, association, partnership corporation, limited liability company or other entity shall establish a new program, school or other entity that offers instruction in any form or manner in barbering or hairdressing on or after July 1, 2013, unless such person, board, association, partnership, corporation, limited liability company or other entity first receives from the executive director of the Office of Higher Education a certificate authorizing the barbering or hairdressing occupational instruction to be offered in accordance with the provisions of this section.

Sec. 542. Subdivision (10) of subsection (b) of section 1 of house bill 5979 of the current session, as amended by house amendment schedule A, is repealed and the following is substituted in lieu thereof (Effective from passage):

(10) The Commissioners of Social Services, Public Health, Developmental Services, and Emergency Services and Public Protection, the Commissioner on Aging and the Labor Commissioner and Banking Commissioner, or said commissioners' designees; and

Sec. 543. (NEW) (Effective July 1, 2013) (a) As used in this section, "nuclear medicine technologist" means a person who holds and maintains current certification in good standing as a nuclear medicine technologist with the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists.

(b) The practice of nuclear medicine technology includes the use of sealed and unsealed radioactive materials, as well as pharmaceuticals, adjunctive medications and imaging modalities with or without contrast as part of diagnostic evaluation and therapy. The responsibilities of a nuclear medicine technologist include, but are not limited to, patient care, quality control, diagnostic procedures and testing, administration of radiopharmaceutical and adjunctive medications, in vitro diagnostic testing, radionuclide therapy and radiation safety.

(c) A nuclear medicine technologist may perform nuclear medicine procedures under the supervision and direction of a physician licensed pursuant to chapter 370 of the general statutes provided: (1) The physician is satisfied as to the ability and competency of the nuclear medicine technologist; (2) such delegation is consistent with the health and welfare of the patient and in keeping with sound medical practice; and (3) such procedures are performed under the oversight, control and direction of the physician.

(d) Nothing in this section shall be construed to apply to the activities and services of a person who is enrolled in a nuclear medicine technology educational program acceptable to the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists, provided such activities and services are incidental to the course of study.

(e) A nuclear medicine technologist shall not: (1) Operate a stand-alone computed tomography imaging system, except as provided in section 20-74ee of the general statutes, as amended by this act; or (2) independently perform a nuclear cardiology stress test, except the nuclear medicine technologist may administer adjunct medications and radio pharmaceuticals during the nuclear cardiology stress test and perform the imaging portion of the nuclear cardiology stress test.

Sec. 544. Subsection (b) of section 20-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) The provisions of this chapter shall not apply to:

(1) Dentists while practicing dentistry only;

(2) Any person in the employ of the United States government while acting in the scope of his employment;

(3) Any person who furnishes medical or surgical assistance in cases of sudden emergency;

(4) Any person residing out of this state who is employed to come into this state to render temporary assistance to or consult with any physician or surgeon who has been licensed in conformity with the provisions of this chapter;

(5) Any physician or surgeon residing out of this state who holds a current license in good standing in another state and who is employed to come into this state to treat, operate or prescribe for any injury, deformity, ailment or disease from which the person who employed such physician, or the person on behalf of whom such physician is employed, is suffering at the time when such nonresident physician or surgeon is so employed, provided such physician or surgeon may practice in this state without a Connecticut license for a period not to exceed thirty consecutive days;

(6) Any person rendering service as (A) an advanced practice registered nurse if such service is rendered in collaboration with a licensed physician, or (B) an advanced practice registered nurse maintaining classification from the American Association of Nurse Anesthetists if such service is under the direction of a licensed physician;

(7) Any nurse-midwife practicing nurse-midwifery in accordance with the provisions of chapter 377;

(8) Any podiatrist licensed in accordance with the provisions of chapter 375;

(9) Any Christian Science practitioner who does not use or prescribe in his practice any drugs, poisons, medicines, chemicals, nostrums or surgery;

(10) Any person licensed to practice any of the healing arts named in section 20-1, who does not use or prescribe in his practice any drugs, medicines, poisons, chemicals, nostrums or surgery;

(11) Any graduate of any school or institution giving instruction in the healing arts who has been issued a permit in accordance with subsection (a) of section 20-11a and who is serving as an intern, resident or medical officer candidate in a hospital;

(12) Any student participating in a clinical clerkship program who has the qualifications specified in subsection (b) of section 20-11a;

(13) Any person, otherwise qualified to practice medicine in this state except that he is a graduate of a medical school located outside of the United States or the Dominion of Canada which school is recognized by the American Medical Association or the World Health Organization, to whom the Connecticut Medical Examining Board, subject to such regulations as the Commissioner of Public Health, with advice and assistance from the board, prescribes, has issued a permit to serve as an intern or resident in a hospital in this state for the purpose of extending his education;

(14) Any person rendering service as a physician assistant licensed pursuant to section 20-12b, a registered nurse, a licensed practical nurse or a paramedic, as defined in subdivision (15) of section 19a-175, acting within the scope of regulations adopted pursuant to section 19a-179, if such service is rendered under the supervision, control and responsibility of a licensed physician;

(15) Any student enrolled in an accredited physician assistant program or paramedic program approved in accordance with regulations adopted pursuant to section 19a-179, who is performing such work as is incidental to his course of study;

(16) Any person who, on June 1, 1993, has worked continuously in this state since 1979 performing diagnostic radiology services and who, as of October 31, 1997, continued to render such services under the supervision, control and responsibility of a licensed physician solely within the setting where such person was employed on June 1, 1993;

(17) Any person practicing athletic training, as defined in section 20-65f;

(18) When deemed by the Connecticut Medical Examining Board to be in the public's interest, based on such considerations as academic attainments, specialty board certification and years of experience, to a foreign physician or surgeon whose professional activities shall be confined within the confines of a recognized medical school;

(19) Any technician engaging in tattooing in accordance with the provisions of section 19a-92a and any regulations adopted thereunder;

(20) Any person practicing perfusion, as defined in section 20-162aa; [or]

(21) Any foreign physician or surgeon (A) participating in supervised clinical training under the direct supervision and control of a physician or surgeon licensed in accordance with the provisions of this chapter, and (B) whose professional activities are confined to a licensed hospital that has a residency program accredited by the Accreditation Council for Graduate Medical Education or that is a primary affiliated teaching hospital of a medical school accredited by the Liaison Committee on Medical Education. Such hospital shall verify that the foreign physician or surgeon holds a current valid license in another country; or

(22) Any person practicing as a nuclear medicine technologist, as defined in section 543 of this act, while performing under the supervision and direction of a physician licensed in accordance with the provisions of this chapter.

Sec. 545. Subsection (a) of section 20-74ee of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) (1) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a physician licensed pursuant to chapter 370, a chiropractor licensed pursuant to chapter 372, a natureopath licensed pursuant to chapter 373, a podiatrist licensed pursuant to chapter 375, a dentist licensed pursuant to chapter 379 or a veterinarian licensed pursuant to chapter 384.

(2) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a dental hygienist licensed pursuant to chapter 379a, provided such dental hygienist is engaged in the taking of dental x-rays under the general supervision of a dentist licensed pursuant to chapter 379.

(3) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of: (A) A dental assistant as defined in section 20-112a, provided such dental assistant is engaged in the taking of dental x-rays under the supervision and control of a dentist licensed pursuant to chapter 379 and can demonstrate successful completion of the dental radiography portion of an examination prescribed by the Dental Assisting National Board, or (B) a dental assistant student, intern or trainee pursuing practical training in the taking of dental x-rays provided such activities constitute part of a supervised course or training program and such person is designated by a title which clearly indicates such person's status as a student, intern or trainee.

(4) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to [require licensure as a radiographer or to limit the activities of a technologist certified by the International Society for Clinical Densitometry or the American Registry of Radiologic Technologists, provided such individual is engaged in the operation of a bone densitometry system under the supervision, control and responsibility of a physician licensed pursuant to chapter 370] prohibit a nuclear medicine technologist, as defined in section 543 of this act, who (A) has successfully completed the individual certification exam for computed tomography or magnetic resonance imaging administered by the American Registry of Radiologic Technologists, and (B) holds and maintains in good standing, computed tomography or magnetic resonance imaging certification by the American Registry of Radiologic Technologists, from fully operating a computed tomography or magnetic resonance imaging portion of a hybrid-fusion imaging system, including diagnostic imaging, in conjunction with a positron emission tomography or single-photon emission computed tomography imaging system.

(5) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a podiatric medical assistant, provided such podiatric assistant is engaged in taking of podiatric x-rays under the supervision and control of a podiatrist licensed pursuant to chapter 375 and can demonstrate successful completion of the podiatric radiography exam as prescribed by the Connecticut Board of Podiatry Examiners.

(6) Nothing in subsection (c) of section 19a-14, sections 20-74aa to 20-74cc, inclusive, and this section shall be construed to require licensure as a radiographer or to limit the activities of a physician assistant, licensed and supervised pursuant to chapter 370, who is engaged in the use of fluoroscopy for guidance of diagnostic and therapeutic procedures or from positioning and utilizing a mini C-arm in conjunction with fluoroscopic procedures.

Sec. 546. (Effective from passage) (a) From October 1, 2013, to September 30, 2014, inclusive, each hospital, as defined in section 19a-631 of the general statutes, that has obtained a certificate of need from the Office of Health Care Access that permits such hospital to provide coronary angioplasty services in an emergency situation but does not permit such services on an elective basis, shall report to the Department of Public Health once each month in the form and manner prescribed by the Commissioner of Public Health concerning: (1) The number of persons upon whom the hospital performed an emergency coronary angioplasty and who were discharged to another hospital in order to receive an elective coronary angioplasty; and (2) the number of persons upon whom the hospital performed an emergency coronary angioplasty and who were discharged by such hospital to another hospital in order to receive open-heart surgery.

(b) Not later than January 15, 2015, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health concerning the information received pursuant to this subsection.

Sec. 547. Subsection (a) of section 20-195c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Each applicant for licensure as a marital and family therapist shall present to the department satisfactory evidence that such applicant has: (1) Completed a graduate degree program specializing in marital and family therapy from a regionally accredited college or university or an accredited postgraduate clinical training program [approved] accredited by the Commission on Accreditation for Marriage and Family Therapy Education [and recognized by the United States Department of Education] offered by a regionally accredited institution of higher education; (2) completed a supervised practicum or internship with emphasis in marital and family therapy supervised by the program granting the requisite degree or by an accredited postgraduate clinical training program, [approved] accredited by the Commission on Accreditation for Marriage and Family Therapy Education [recognized by the United States Department of Education] offered by a regionally accredited institution of higher education in which the student received a minimum of five hundred direct clinical hours that included one hundred hours of clinical supervision; (3) completed a minimum of twelve months of relevant postgraduate experience, including at least (A) one thousand hours of direct client contact offering marital and family therapy services subsequent to being awarded a master's degree or doctorate or subsequent to the training year specified in subdivision (2) of this subsection, and (B) one hundred hours of postgraduate clinical supervision provided by a licensed marital and family therapist; and (4) passed an examination prescribed by the department. The fee shall be three hundred fifteen dollars for each initial application.

Sec. 548. Subsections (d) and (e) of section 501 of substitute senate bill 1070 of the current session, as amended by senate amendment schedule B, are repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The Commissioner of Public Health, or the commissioner's designee, shall be an ex-officio, nonvoting member of the [task force] advisory council and shall attend all meetings of the advisory council.

(e) Any member of the [task force appointed] advisory council under subsection (c) of this section may be a member of the General Assembly.

Sec. 549. Subsection (j) of section 1 of house bill 6406 of the current session, as amended by house amendment schedule A, is repealed and the following is substituted in lieu thereof (Effective from passage):

(j) (1) The commissioner shall, within available appropriations, establish an electronic prescription drug monitoring program to collect, by electronic means, prescription information for schedules II, III, IV and V controlled substances, as defined in subdivision (9) of section 21a-240, that are dispensed by pharmacies, nonresident pharmacies, as defined in section 20-627, outpatient pharmacies in hospitals or institutions or by any other dispenser, as defined in section 21a-240. The program shall be designed to provide information regarding the prescription of controlled substances in order to prevent the improper or illegal use of the controlled substances and shall not infringe on the legitimate prescribing of a controlled substance by a prescribing practitioner acting in good faith and in the course of professional practice.

(2) The commissioner may identify other products or substances to be included in the electronic prescription drug monitoring program established pursuant to subdivision (1) of this subsection.

(3) Each pharmacy, nonresident [pharmacies] pharmacy, as defined in section 20-627, outpatient pharmacy in a hospital or institution and dispenser, as defined in section 21a-240, shall report to the commissioner, at least weekly, by electronic means or, if a pharmacy or outpatient pharmacy does not maintain records electronically, in a format approved by the commissioner, the following information for all controlled substance prescriptions dispensed by such pharmacy or outpatient pharmacy: (A) Dispenser identification number; (B) the date the prescription for the controlled substance was filled; (C) the prescription number; (D) whether the prescription for the controlled substance is new or a refill; (E) the national drug code number for the drug dispensed; (F) the amount of the controlled substance dispensed and the number of days' supply of the controlled substance; (G) a patient identification number; (H) the patient's first name, last name and street address, including postal code; (I) the date of birth of the patient; (J) the date the prescription for the controlled substance was issued by the prescribing practitioner and the prescribing practitioner's Drug Enforcement Agency's identification number; and (K) the type of payment.

(4) The commissioner may contract with a vendor for purposes of electronically collecting such controlled substance prescription information. The commissioner and any such vendor shall maintain the information in accordance with the provisions of chapter 400j.

(5) The commissioner and any such vendor shall not disclose controlled substance prescription information reported pursuant to subdivision (3) of this subsection, except as authorized pursuant to the provisions of sections 21a-240 to 21a-283, inclusive. Any person who knowingly violates any provision of this subdivision or subdivision (4) of this subsection shall be guilty of a class D felony.

(6) The commissioner shall provide, upon request, controlled substance prescription information obtained in accordance with subdivision (3) of this subsection to the following: (A) The prescribing practitioner who is treating or has treated a specific patient, provided the information is obtained for purposes related to the treatment of the patient, including the monitoring of controlled substances obtained by the patient; (B) the prescribing practitioner with whom a patient has made contact for the purpose of seeking medical treatment, provided the request is accompanied by a written consent, signed by the prospective patient, for the release of controlled substance prescription information; or (C) the pharmacist who is dispensing controlled substances for a patient, provided the information is obtained for purposes related to the scope of the pharmacist's practice and management of the patient's drug therapy, including the monitoring of controlled substances obtained by the patient. The prescribing practitioner or pharmacist shall submit a written and signed request to the commissioner for controlled substance prescription information. Such prescribing practitioner or pharmacist shall not disclose any such request except as authorized pursuant to sections 20-570 to 20-630, inclusive, or sections 21a-240 to 21a-283, inclusive.

(7) No person or employer shall prohibit, discourage or impede a prescribing practitioner or pharmacist from requesting controlled substance prescription information pursuant to this subsection.

(8) The commissioner shall adopt regulations, in accordance with chapter 54, concerning the reporting, evaluation, management and storage of electronic controlled substance prescription information.

(9) The provisions of this section shall not apply to (A) samples of controlled substances dispensed by a physician to a patient, or (B) any controlled substances dispensed to hospital inpatients.

(10) The provisions of this section shall not apply to any institutional pharmacy or pharmacist's drug room operated by a facility, licensed under section 19a-495 of the general statutes and regulations adopted pursuant to said section 19a-495, that dispenses or administers directly to a patient opioid antagonists for treatment of a substance use disorder.

Sec. 550. (NEW) (Effective from passage) Any person, firm or corporation engaged in the growing of swine that are to be used or disposed of elsewhere than on the premises where such swine are grown shall register with the Commissioner of Agriculture on forms furnished by the commissioner. The commissioner may make orders and adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, concerning examination, quarantine, disinfection, preventive treatment, disposition, transportation, importation, feeding and sanitation for the protection of swine from contagious and infectious disease. Said commissioner shall, at once, cause an investigation of all cases of such diseases coming to the commissioner's knowledge and shall use all proper means to exterminate and prevent spread of the same. Instructions shall be issued, in writing, by the commissioner or the commissioner's agent that shall contain directions for quarantine and disinfection of the premises where such disease exists. No swine shall be brought into Connecticut by any individual, corporation or common carrier, unless the same originate from a herd that is validated as brucellosis-free and qualified pseudorabies-negative, and are accompanied by a permit issued by the commissioner and an official health certificate showing such animals to be free from any contagious or infectious disease, except that swine brought into this state for the purpose of immediate slaughter upon premises where federal inspection is maintained need not be accompanied by an official health certificate and the owner of each establishment where federal inspection is maintained shall report weekly to the commissioner, upon forms furnished by the commissioner, the number of such swine imported. Such permit shall accompany all waybills or, if animals are driven or carted over highways, shall be in the possession of the person in charge of swine. In addition to any other requirements of this section, all swine imported for other than immediate slaughter that are over three months of age, other than barrows, shall be negative as to a blood test for brucellosis and pseudorabies within thirty days of importation. With approval of the State Veterinarian, a thirty-day blood test may not be required for swine originating from, and residing for at least thirty days prior to importation in, a state that is validated as brucellosis-free and stage V pseudorabies-free, or for swine originating from any herd which the State Veterinarian determines to be pathogen-free. With such approval, swine may be imported pursuant to an import permit and a current official health certificate. All swine brought into the state for immediate slaughter shall be killed in an approved slaughterhouse under veterinary inspection.

Sec. 551. Section 10-297 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

The Commissioner of Rehabilitation Services is authorized to aid in securing employment for capable blind or partially blind persons in industrial and mercantile establishments and in other positions which offer financial returns. Said commissioner may aid needy blind persons in such way as said commissioner deems expedient, expending for such purpose such sum as the General Assembly appropriates, provided the maximum expenditure for any one person shall not exceed the sum of nine hundred [and] sixty dollars in a fiscal year, but, if said maximum amount is insufficient to furnish necessary medical or hospital treatment to a beneficiary, said commissioner may authorize payment of such additional costs as the commissioner deems necessary and reasonable.

Sec. 552. Section 19a-109 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

When any building or part thereof is occupied as a home or place of residence or as an office or place of business, either mercantile or otherwise, a temperature of less than sixty-five degrees Fahrenheit in such building or part thereof shall, for the purpose of this section, be deemed injurious to the health of the occupants thereof, except that the Commissioner of Public Health may adopt regulations establishing a temperature higher than sixty-five degrees Fahrenheit when the health, comfort or safety of the occupants of any such building or part thereof so requires. In any such building or part thereof where, because of physical characteristics or the nature of the business being conducted, a temperature of sixty-five degrees Fahrenheit cannot reasonably be maintained in certain areas, the Labor Commissioner may grant a variance for such areas. The owner of any building or the agent of such owner having charge of such property, or any lessor or his agent, manager, superintendent or janitor of any building, or part thereof, the lease or rental agreement whereof by its terms, express or implied, requires the furnishing of heat, cooking gas, electricity, hot water or water to any occupant of such building or part thereof, who, wilfully and intentionally, fails to furnish such heat to the degrees herein provided, cooking gas, electricity, hot water or water and thereby interferes with the cooking gas, electricity, hot water or water and thereby interferes with the comfortable or quiet enjoyment of the premises, at any time when the same are necessary to the proper or customary use of such building or part thereof, shall be guilty of a class D misdemeanor. No public service company or electric supplier, as defined in section 16-1, shall, at the request of any such owner, agent, lessor, manager, superintendent or janitor, cause heat, cooking gas, electricity, hot water or water services to be terminated with respect to any such leased or rented property unless the owner or lessor furnishes a statement signed by the lessee agreeing to such termination or a notarized statement signed by the lessor to the effect that the premises are vacant.

Sec. 553. Subsection (b) of section 20-10b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) Except as otherwise provided in subsections (d), (e) and (f) of this section, a licensee applying for license renewal shall earn a minimum of fifty contact hours of continuing medical education within the preceding twenty-four-month period. Such continuing medical education shall (1) be in an area of the physician's practice; (2) reflect the professional needs of the licensee in order to meet the health care needs of the public; and (3) include at least one contact hour of training or education in each of the following topics: (A) Infectious diseases, including, but not limited to, acquired immune deficiency syndrome and human immunodeficiency virus, (B) risk management, (C) sexual assault, (D) domestic violence, and (E) cultural competency. For purposes of this section, qualifying continuing medical education activities include, but are not limited to, courses offered or approved by the American Medical Association, American Osteopathic Medical Association, Connecticut Hospital Association, Connecticut State Medical Society, county medical societies or equivalent organizations in another jurisdiction, educational offerings sponsored by a hospital or other health care institution or courses offered by a regionally accredited academic institution or a state or local health department. The commissioner may grant a waiver for not more than ten contact hours of continuing medical education for a physician who: [(1)] (i) Engages in activities related to the physician's service as a member of the Connecticut Medical Examining Board, established pursuant to section 20-8a; [(2)] (ii) engages in activities related to the physician's service as a member of a medical hearing panel, pursuant to section 20-8a; or [(3)] (iii) assists the department with its duties to boards and commissions as described in section 19a-14.

Sec. 554. Section 19a-490 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):

As used in this chapter and sections 17b-261e, 38a-498b and 38a-525b:

(a) "Institution" means a hospital, residential care home, health care facility for the handicapped, nursing home, rest home, home health care agency, homemaker-home health aide agency, mental health facility, assisted living services agency, substance abuse treatment facility, outpatient surgical facility, outpatient clinic, an infirmary operated by an educational institution for the care of students enrolled in, and faculty and employees of, such institution; a facility engaged in providing services for the prevention, diagnosis, treatment or care of human health conditions, including facilities operated and maintained by any state agency, except facilities for the care or treatment of mentally ill persons or persons with substance abuse problems; and a residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded;

(b) "Hospital" means an establishment for the lodging, care and treatment of persons suffering from disease or other abnormal physical or mental conditions and includes inpatient psychiatric services in general hospitals;

(c) "Residential care home", "nursing home" or "rest home" means an establishment which furnishes, in single or multiple facilities, food and shelter to two or more persons unrelated to the proprietor and, in addition, provides services which meet a need beyond the basic provisions of food, shelter and laundry;

(d) "Home health care agency" means a public or private organization, or a subdivision thereof, engaged in providing professional nursing services and the following services, available twenty-four hours per day, in the patient's home or a substantially equivalent environment: Homemaker-home health aide services as defined in this section, physical therapy, speech therapy, occupational therapy or medical social services. The agency shall provide professional nursing services and at least one additional service directly and all others directly or through contract. An agency shall be available to enroll new patients seven days a week, twenty-four hours per day;

(e) "Homemaker-home health aide agency" means a public or private organization, except a home health care agency, which provides in the patient's home or a substantially equivalent environment supportive services which may include, but are not limited to, assistance with personal hygiene, dressing, feeding and incidental household tasks essential to achieving adequate household and family management. Such supportive services shall be provided under the supervision of a registered nurse and, if such nurse determines appropriate, shall be provided by a social worker, physical therapist, speech therapist or occupational therapist. Such supervision may be provided directly or through contract;

(f) "Homemaker-home health aide services" as defined in this section shall not include services provided to assist individuals with activities of daily living when such individuals have a disease or condition that is chronic and stable as determined by a physician licensed in the state of Connecticut;

(g) "Mental health facility" means any facility for the care or treatment of mentally ill or emotionally disturbed persons, or any mental health outpatient treatment facility that provides treatment to persons sixteen years of age or older who are receiving services from the Department of Mental Health and Addiction Services, but does not include family care homes for the mentally ill;

(h) "Alcohol or drug treatment facility" means any facility for the care or treatment of persons suffering from alcoholism or other drug addiction;

(i) "Person" means any individual, firm, partnership, corporation, limited liability company or association;

(j) "Commissioner" means the Commissioner of Public Health;

(k) "Home health agency" means an agency licensed as a home health care agency or a homemaker-home health aide agency; and

(l) "Assisted living services agency" means an agency that provides, among other things, nursing services and assistance with activities of daily living to a population that is chronic and stable.

(m) "Outpatient clinic" means an organization operated by a municipality or a corporation, other than a hospital, that provides (1) ambulatory medical care, including preventive and health promotion services, (2) dental care, or (3) mental health services in conjunction with medical or dental care for the purpose of diagnosing or treating a health condition that does not require the patient's overnight care.

Sec. 555. (NEW) (Effective January 1, 2014) (a) The Commissioner of Public Health shall license outpatient clinics, as defined in section 19a-490 of the general statutes, as amended by this act.

(b) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section. The commissioner may waive any provision of the regulations for outpatient clinics. The commissioner may implement policies and procedures necessary to administer the provisions of this section while in the process of adopting such policies and procedures as regulations, provided notice of intent to adopt regulations is published in the Connecticut Law Journal not later than twenty days after the date of implementation. Policies and procedures implemented pursuant to this section shall be valid until the time final regulations are adopted. "

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

Sec. 501

July 1, 2013

19a-521

Sec. 502

July 1, 2013

19a-490(c)

Sec. 503

July 1, 2013

17b-451(a)

Sec. 504

July 1, 2013

19a-491b

Sec. 505

July 1, 2013

19a-491c(a)

Sec. 506

July 1, 2013

19a-497

Sec. 507

July 1, 2013

19a-498(d)

Sec. 508

July 1, 2013

19a-502(b)

Sec. 509

July 1, 2013

19a-521c

Sec. 510

July 1, 2013

19a-522

Sec. 511

July 1, 2013

19a-523

Sec. 512

July 1, 2013

19a-524

Sec. 513

July 1, 2013

19a-525

Sec. 514

July 1, 2013

19a-526

Sec. 515

July 1, 2013

19a-527

Sec. 516

July 1, 2013

19a-528

Sec. 517

July 1, 2013

19a-529

Sec. 518

July 1, 2013

19a-531

Sec. 519

July 1, 2013

19a-532

Sec. 520

July 1, 2013

19a-534

Sec. 521

July 1, 2013

19a-534a

Sec. 522

July 1, 2013

19a-538

Sec. 523

July 1, 2013

19a-541

Sec. 524

July 1, 2013

19a-542

Sec. 525

July 1, 2013

19a-543

Sec. 526

July 1, 2013

19a-544

Sec. 527

July 1, 2013

19a-545(a)

Sec. 528

July 1, 2013

19a-546(a)

Sec. 529

July 1, 2013

19a-547

Sec. 530

July 1, 2013

19a-548

Sec. 531

July 1, 2013

19a-549

Sec. 532

July 1, 2013

19a-550

Sec. 533

July 1, 2013

19a-551

Sec. 534

July 1, 2013

20-101a(a)

Sec. 535

July 1, 2013

45a-644(a)

Sec. 536

July 1, 2013

45a-669(a)

Sec. 537

July 1, 2013

46a-11a(6)

Sec. 538

October 1, 2013

19a-524

Sec. 539

October 1, 2013

22a-403(b)

Sec. 540

October 1, 2013

52-146o

Sec. 541

July 1, 2013

10a-22b

Sec. 542

from passage

HB 5979 (current session), 1 (b)(10)

Sec. 543

July 1, 2013

New section

Sec. 544

July 1, 2013

20-9(b)

Sec. 545

July 1, 2013

20-74ee(a)

Sec. 546

from passage

New section

Sec. 547

October 1, 2013

20-195c(a)

Sec. 548

from passage

sSB 1070 (current session), 501(d) and (e)

Sec. 549

from passage

HB 6406 (current session), 1(j)

Sec. 550

from passage

New section

Sec. 551

October 1, 2013

10-297

Sec. 552

October 1, 2013

19a-109

Sec. 553

October 1, 2013

20-10b(b)

Sec. 554

January 1, 2014

19a-490

Sec. 555

January 1, 2014

New section

The Speaker ordered the vote be taken by roll call at 9: 07 p. m.

The following is the result of the vote:

Total Number Voting 142

Necessary for Passage 72

Those voting Yea 142

Those voting Nay 0

Those absent and not voting 8

On a roll call vote House Bill No. 6644 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

   

X

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

    

X

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

   

X

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

    

X

BACCHIOCHI

Y

    

SMITH

   

X

D'AGOSTINO

Y

    

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        

Y

    

FRITZ

Y

    

SANCHEZ

Y

    

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF JOINT STANDING COMMITTEE

HOUSE BILL PASSED

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

PUBLIC HEALTH. Substitute for H. B. No. 5761 (RAISED) (File No. 205) AN ACT CONCERNING NOTIFICATION TO POTENTIAL AND EXISTING NURSING HOME OWNERS.

The bill was explained by Representative Serra of the 33rd who offered House Amendment Schedule "A" (LCO 8075) and moved its adoption.

The amendment was discussed by Representatives Adinolfi of the 103rd, Miner of the 66th, Srinivasan of the 31st, Betts of the 78th, Shaban of the 135th, Alberts of the 50th and Sayers of the 60th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 8075):

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

"Section 1. Section 19a-528a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

For any application of licensure for the acquisition of a nursing home filed after July 1, 2004, any potential nursing home licensee or owner shall submit, in writing, a change in ownership application with respect to the facility for which the change in ownership is sought. Such application shall be prescribed by the Commissioner of Public Health and include such information as the commissioner deems necessary. The first page of the application shall include the following statement: "NOTICE: The State of Connecticut values the quality of care provided to all of our residents. Please know that any nursing home licensee, owner or officer, including, but not limited to, a director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest in the nursing home or the entity that owns the nursing home, and any administrator, assistant administrator, medical director, director of nursing or assistant director of nursing, may be subject to civil and criminal liability, as well as administrative sanctions under applicable federal and state law, for the abuse or neglect of a resident of the nursing home perpetrated by an employee of the nursing home. ". The application shall also include [such information as the Commissioner of Public Health deems necessary and] whether such potential nursing home licensee or owner (1) has had three or more civil penalties imposed through final order of the commissioner in accordance with the provisions of sections 19a-524 to 19a-528, inclusive, or civil penalties imposed pursuant to the statutes or regulations of another state, during the two-year period preceding the application, (2) has had in any state sanctions, other than civil penalties of less than twenty thousand dollars, imposed through final adjudication under the Medicare or Medicaid program pursuant to Title XVIII or XIX of the federal Social Security Act, 42 USC 301, as from time to time amended, or (3) has had in any state such potential licensee's or owner's Medicare or Medicaid provider agreement terminated or not renewed. In the event that a potential nursing home licensee or owner's application contains information concerning civil penalties, sanctions, terminations or nonrenewals, as described in this section, the commissioner shall not approve the application to acquire another nursing home in this state for a period of five years from the date of final order on such civil penalties, final adjudication of such sanctions, or termination or nonrenewal, except for good cause shown.

Sec. 2. (NEW) (Effective October 1, 2013) The statement that the Commissioner of Public Health is required to include in change in ownership applications pursuant to section 19a-528a of the general statutes, as amended by this act, shall not be construed as expanding or otherwise affecting the liability of nursing home licensees, owners or officers, including, but not limited to, a director, trustee, limited partner, managing partner, general partner or any person having at least a ten per cent ownership interest in the nursing home or the entity that owns the nursing home, as well as any administrator, assistant administrator, medical director, director of nursing or assistant director of nursing, that may exist at law for the abuse or neglect of a resident of the nursing home. "

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

Section 1

October 1, 2013

19a-528a

Sec. 2

October 1, 2013

New section

The bill was discussed by Representatives Serra of the 33rd and Hampton of the 16th who offered House Amendment Schedule "B" (LCO 8220) and moved its adoption.

Representative Hampton of the 16th then withdrew House Amendment Schedule "B" (LCO 8220).

The bill was further discussed by Representative Hampton of the 16th who offered House Amendment Schedule "C" (LCO 8301) and moved its adoption.

The amendment was discussed by Representatives Sayers of the 60th, Betts of the 78th, Ziobron of the 34th, Adinolfi of the 103rd and Srinivasan of the 31st.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "B" (LCO 8301):

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

"Sec. 501. (NEW) (Effective October 1, 2013) (a) (1) For purposes of this section and section 502 of this act, "nursing home facility" has the same meaning as provided in section 19a-521 of the general statutes, (2) "state of emergency" means a declaration by the Governor pursuant to section 28-9 of the general statutes, (3) "disabilities" has the same meaning as provided in section 46a-8 of the general statutes, and (4) "emergency shelter" means a facility designated in a city, town or regi`onal emergency plan of operation to provide refuge to state residents.

(b) The Commissioner of Public Health shall establish a streamlined waiver approval process to permit nursing home facilities to provide care and shelter to state residents displaced during a state of emergency. Such process shall include, but not be limited to, a waiver provision allowing nursing home facilities to exceed licensed bed capacity by up to ten per cent to take in displaced residents.

(c) The Commissioner of Public Health, in consultation with the Commissioners of Social Services and Emergency Services and Public Protection, shall adopt or amend regulations, in accordance with chapter 54 of the general statutes, to implement and administer the provisions of this section.

Sec. 502. (NEW) (Effective October 1, 2013) The Commissioner of Emergency Services and Public Protection, acting in consultation with the Commissioner of Public Health, shall encourage local emergency management directors to include in emergency plans of operation, submitted to the commissioner pursuant to section 28-7 of the general statutes, plans to: (1) Identify, to the extent reasonably possible, elderly persons and persons with disabilities who are receiving care in home and community-based settings and the level of care and services such persons will require in the event of an emergency; (2) provide shelter at a skilled nursing facility or nursing home facility for persons whose medical needs require such shelter, to the extent such facilities are available; and (3) provide shelter, in accordance with Title II of the Americans with Disabilities Act of 1990, 42 USC 12131 to 12134, inclusive, as amended from time to time, at existing emergency shelters for persons whose needs do not require hospitalization or medical care in a skilled nursing facility or a nursing home facility. The executive director of the Office of Protection and Advocacy for Persons with Disabilities, in consultation with the Commissioner of Emergency Services and Public Protection, shall make information and resources available to chief executive officers of cities and towns and local emergency management directors concerning their responsibilities for the provision of shelter under state law and the Americans with Disabilities Act. "

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

Sec. 501

October 1, 2013

New section

Sec. 502

October 1, 2013

New section

The Speaker ordered the vote be taken by roll call at 10: 14 p. m.

The following is the result of the vote:

Total Number Voting 142

Necessary for Passage 72

Those voting Yea 118

Those voting Nay 24

Those absent and not voting 8

On a roll call vote House Bill No. 5761 as amended by House Amendment Schedules "A" and "C" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

  

N

  

LAVIELLE

Y

    

ALEXANDER

Y

    

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

Y

    

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

    

X

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

 

N

  

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

 

N

  

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

  

N

  

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

  

N

  

PISCOPO

   

X

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

          

N

  

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

  

N

  

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

 

N

  

ALBERTS

  

N

  

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

  

N

  

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

    

X

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

    

X

MOUKAWSHER

  

N

  

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

  

N

  

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

  

N

  

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

  

N

  

CANDELORA, V.

 

N

  

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

  

N

  

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

  

N

  

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

 

N

  

CASE

        

Y

    

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

  

N

  

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        
   

X

FRITZ

Y

    

SANCHEZ

  

N

  

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

 

N

  

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

  

N

  

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

  

N

  

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

  

N

  

SAYERS (DEP)

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

HOUSE BILL PASSED

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

FINANCE, REVENUE AND BONDING. H. B. No. 6033 (COMM) (File No. 323) AN ACT CONCERNING MOTOR VEHICLE INSURANCE PROVIDERS AND DISTRACTED DRIVING.

The bill was explained by Representative Guerrera of the 29th who offered House Amendment Schedule "A" (LCO 8291) and moved its adoption.

The amendment was discussed by Representatives Scribner of the 107th, Smith of the 108th, Camillo of the 151st and Miner of the 66th.

On a voice vote the amendment was adopted.

The Speaker ruled the amendment was technical.

The following is House Amendment Schedule "A" (LCO 8291):

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

"Section 1. Section 1-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The following officers may administer oaths: (1) The clerks of the Senate, the clerks of the House of Representatives and the chairpersons of committees of the General Assembly or of either branch thereof, during its session; (2) state officers, as defined in subsection (t) of section 9-1, judges and clerks of any court, family support magistrates, judge trial referees, justices of the peace, commissioners of the Superior Court, notaries public, town clerks and assistant town clerks, in all cases where an oath may be administered, except in a case where the law otherwise requires; (3) commissioners on insolvent estates, auditors, arbitrators and committees, to parties and witnesses, in all cases tried before them; (4) assessors and boards of assessment appeals, in cases coming before them; (5) commissioners appointed by governors of other states to take the acknowledgment of deeds, in the discharge of their official duty; (6) the moderator of a school district meeting, in such meeting, to the clerk of such district, as required by law; (7) the first selectman, in any matter before the board of selectmen; (8) the Chief Medical Examiner, Deputy Medical Examiner and assistant medical examiners of the Office of the Medical Examiner, in any matter before them; (9) registrars of vital statistics, in any matter before them; (10) any chief inspector or inspector appointed pursuant to section 51-286; (11) registrars of voters, deputy registrars, assistant registrars, and moderators, in any matter before them; (12) special assistant registrars, in matters provided for in subsections (b) and (c) of section 9-19b and section 9-19c; (13) the Commissioner of Emergency Services and Public Protection and any sworn member of any local police department or the Division of State Police within the Department of Emergency Services and Public Protection, in all affidavits, statements, depositions, complaints or reports made to or by any member of any local police department or said Division of State Police or any constable who is under the supervision of said commissioner or any of such officers of said Division of State Police and who is certified under the provisions of sections 7-294a to 7-294e, inclusive, and performs criminal law enforcement duties; (14) judge advocates of the United States Army, Navy, Air Force and Marine Corps, law specialists of the United States Coast Guard, adjutants, assistant adjutants, acting adjutants and personnel adjutants, commanding officers, executive officers and officers whose rank is lieutenant commander or major, or above, of the armed forces, as defined in section 27-103, to persons serving with or in the armed forces, as defined in said section, or their spouses; (15) investigators, deputy investigators, investigative aides, secretaries, clerical assistants, social workers, social worker trainees, paralegals and certified legal interns employed by or assigned to the Public Defender Services Commission in the performance of their assigned duties; (16) bail commissioners and intake, assessment and referral specialists employed by the Judicial Department in the performance of their assigned duties; (17) juvenile matter investigators employed by the Division of Criminal Justice in the performance of their assigned duties; (18) the chairperson of the Connecticut Siting Council or the chairperson's designee; (19) the presiding officer at an agency hearing under section 4-177b; (20) family relations counselors employed by the Judicial Department and support enforcement officers and investigators employed by the Department of Social Services Bureau of Child Support Enforcement and the Judicial Department, in the performance of their assigned duties; (21) the chairperson, vice-chairperson, members and employees of the Board of Pardons and Paroles, in the performance of their assigned duties; (22) the Commissioner of Correction or the commissioner's designee; [and] (23) sworn law enforcement officers, appointed under section 26-5, within the Department of Energy and Environmental Protection, in all affidavits, statements, depositions, complaints or reports made to or by any such sworn law enforcement officer; and (24) sworn motor vehicle inspectors acting under the authority of section 14-8.

Sec. 2. (Effective from passage) (a) There is established a task force to study issues concerning the prevention of distracted driving in the state. Such task force shall (1) evaluate the effectiveness of existing laws prohibiting distracted driving, (2) examine distracted driving enforcement, (3) consider any federal efforts to prevent distracted driving, (4) consider any distracted driving efforts in other states, and (5) develop recommendations, including any necessary legislative changes, to prevent distracted driving in Connecticut.

(b) The task force shall consist of the following members:

(1) One appointed by the speaker of the House of Representatives;

(2) One appointed by the president pro tempore of the Senate;

(3) One appointed by the majority leader of the House of Representatives;

(4) One appointed by the majority leader of the Senate;

(5) One appointed by the minority leader of the House of Representatives;

(6) One appointed by the minority leader of the Senate;

(7) The Commissioner of Motor Vehicles, or the commissioner's designee;

(8) The Commissioner of Transportation, or the commissioner's designee; and

(9) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

(c) Any member of the task force appointed under subsection (b) of this section may be a member of the General Assembly.

(d) All appointments to the task force shall be made not later than thirty days after the effective date of this section. Any vacancy shall be filled by the appointing authority.

(e) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than sixty days after the effective date of this section.

(f) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to transportation shall serve as administrative staff of the task force.

(g) Not later than January 1, 2014, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2014, whichever is later.

Sec. 3. Subdivision (52) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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] having a capacity of less than fifty cubic centimeters piston displacement;

Sec. 4. Subdivision (63) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(63) "Out-of-service order" means an order (A) issued by a [police officer, state policeman, or motor vehicle inspector under the authority of section 14-8] person having inspection authority, as defined in regulations adopted by the commissioner pursuant to section 14-163c, as amended by this act, or by an authorized official of the United States Department of Transportation Federal Motor Carrier Safety Administration pursuant to any provision of federal law, to prohibit [a commercial] any motor vehicle specified in subsection (a) of section 14-163c, as amended by this act, from being operated on any highway, or to prohibit a driver from operating [a commercial] any such motor vehicle, or (B) issued by the United States Department of Transportation Federal Motor Carrier Safety Administration, pursuant to any provision of federal law, to prohibit any motor carrier, as defined in Section 386. 2 of Title 49 of the Code of Federal Regulations, from engaging in commercial motor vehicle operations;

Sec. 5. Subdivision (80) of section 14-1 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(80) "Serious traffic violation" means a conviction of any of the following offenses: (A) Excessive speeding, involving a single offense in which the speed is fifteen miles per hour or more above 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) using a hand-held mobile telephone or other electronic device or typing, reading or sending text or a text message with or from a mobile telephone or mobile electronic device in violation of subsection (e) of section 14-296aa, as amended by this act, while operating a commercial motor vehicle; (F) driving a commercial motor vehicle without a valid commercial driver's license in violation of section 14-36a, as amended by this act, or 14-44a; (G) failure to carry a commercial driver's license in violation of section 14-44a; (H) failure to have the proper class of license or endorsement, or violation of a license restriction in violation of section 14-44a; or (I) a violation of any provision of chapter 248, [while operating a commercial motor vehicle,] by an operator who holds a commercial driver's license or instruction permit that results in the death of another person;

Sec. 6. Section 14-9a of the general statutes is amended by adding subsection (c) as follows (Effective October 1, 2013):

(NEW) (c) In accordance with 49 CFR 384. 228 and subject to the provisions of section 31-51i, the Department of Motor Vehicles shall require any person who is to be employed as a knowledge or skills test examiner for commercial driver's license applicants to submit to a nation-wide criminal background check prior to the department certifying such person to administer any such test. Each such background check shall include name-based and fingerprint-based criminal history records checks of federal and state repository records. The department shall maintain a record of the results of such criminal background checks and shall not certify any examiner to administer commercial driver's license tests who: (A) Was convicted of a felony within the past ten years; or (B) was convicted of any crime involving fraudulent activities.

Sec. 7. Subsection (a) of section 14-12b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) No motor vehicle registration shall be issued by the commissioner for any private passenger motor vehicle, as defined in subsection (e) of section 38a-363, or a vehicle with a commercial registration, as defined in section 14-1, as amended by this act, unless (1) the application for registration is accompanied by a current automobile insurance identification card containing the information required in section 38a-364, as amended by this act, or a copy of a current insurance policy or endorsement issued by a company licensed to issue such insurance in this state or an approved self-insurer or issued pursuant to the plan established under section 38a-329, verifying that the applicant has the required security coverage, and (2) the applicant signs and files with the commissioner, under penalty of false statement as provided for in section 53a-157b, a statement on a form approved by the commissioner that the owner of the vehicle has provided and will continuously maintain throughout the registration period the minimum security required by section 38a-371. In the case of an owner with a vehicle located outside of the United States or Canada, the commissioner may accept in lieu of the insurance identification card required to be presented for issuance of the registration, an affidavit, in such form as the commissioner shall require, executed by the owner and stating that the vehicle will not be operated in the United States or Canada. In the case of a special use registration issued pursuant to subsection (j) of section 14-12, the commissioner may, in lieu of proof of insurance as otherwise required by this section, accept proof, satisfactory to the commissioner, of substantially equivalent or similar insurance issued by an insurer licensed to transact business in the state in which the motor vehicle is to be registered. The commissioner may require an applicant for renewal of a motor vehicle registration for any private passenger motor vehicle or vehicle with a commercial registration to sign and file with the commissioner, under penalty of false statement as provided for in section 53a-157b, a statement on a form approved by the commissioner that the owner of the vehicle will continuously maintain throughout the registration period the minimum security required by said section 38a-371. Such form shall call for and contain the name of the applicant's insurance company and policy number.

Sec. 8. Subsection (a) of section 14-15 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Any person, firm or corporation before engaging in the business of leasing or renting motor vehicles without drivers in this state and any person, firm or corporation which is the lessor of or rents any vehicle required to be registered under the provisions of section 14-15a shall make a sworn application to the Commissioner of Motor Vehicles for a license to engage in such leasing or renting. Each such application and each application for renewal shall be accompanied by a fee of three hundred dollars. Each such license shall be renewed biennially 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. Not less than forty-five days prior to the date of expiration of each such license, the commissioner shall send or transmit to each licensee, in such manner as the commissioner determines, an application for renewal. An application for renewal filed with the commissioner after the date of expiration shall be accompanied by a late fee of one hundred dollars provided the commissioner shall not renew any license under this subsection that has expired for more than forty-five days. No such license shall be transferred. Such licensee shall furnish proof of financial responsibility satisfactory to the commissioner specifying that coverage is for all owned vehicles, as provided by section 14-112 or 14-129, [provided such licensee may furnish such proof separately with respect to each vehicle or each group of vehicles leased to any single lessee] regardless of the duration of the lease or rental period. Each application for such license shall contain the name and address of the owner and shall be accompanied by a surety bond as required pursuant to section 14-52. Each application for registration of a motor vehicle to be leased for a period of more than thirty days shall contain the name and address of the owner and the lessee of such vehicle. The owner of such vehicle shall disclose the name and address of any subsequent lessee of such vehicle to the commissioner in such manner as the commissioner may require. The commissioner shall ensure that such information relative to the lessee is available to the Connecticut on-line law enforcement communications teleprocessing system. Each person, firm or corporation licensed under the provisions of this subsection shall keep such books, records and accounts as the commissioner may require provided each licensee shall retain a copy of each rental or lease contract for a period of three years, which shall be subject to inspection by the commissioner or the commissioner's designee at all reasonable times. The provisions of this subsection shall not apply to any person, firm or corporation which, incidental to the conduct of its principal business, leases or rents any motor vehicle without a driver to other persons, firms or corporations whose principal business is the same as that of the lessor. Violation of any provision of this subsection shall be an infraction.

Sec. 9. Subsection (a) of section 14-33 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Subject to the provisions of subsection (e) of this section, if any property tax, or any installment thereof, laid by any city, town, borough or other taxing district upon a registered motor vehicle or snowmobile remains unpaid, the tax collector of such city, town, borough or other taxing district shall notify the Commissioner of Motor Vehicles of such delinquency in accordance with [listings and schedules of dates] guidelines and procedures established by the commissioner. [and on forms prescribed and furnished by the commissioner, specifying the name and address of the person against whom such tax has been assessed, the date when such tax was due and the registration number, if known to the collector. ] The commissioner shall not issue registration for such motor vehicle or snowmobile for the next registration period if, according to the commissioner's records, it is then owned by the person against whom such tax has been assessed or by any person to whom such vehicle has not been transferred by bona fide sale. Unless notice has been received by the commissioner under the provisions of section 14-33a, as amended by this act, no such registration shall be issued until [a receipt evidencing the payment of such tax or certificate of abatement of such tax or other satisfactory evidence] the commissioner receives notification that the tax obligation has been legally discharged; [has been presented to the commissioner; ] nor shall the commissioner register any other motor vehicle, [or] snowmobile, all-terrain vehicle or vessel in the name of such person, [until a receipt evidencing the payment of such tax or a certificate of abatement of such tax or other satisfactory evidence that the tax obligation has been legally discharged has been presented to the commissioner,] except that the commissioner may continue to register other vehicles owned by a leasing or rental firm licensed pursuant to section 14-15, as amended by this act, [if the commissioner is satisfied that arrangements have been made to discharge such tax obligation,] and may issue such registration to any private owner of three or more paratransit vehicles in direct proportion to the percentage of total tax due on such vehicles which has been paid and notice of payment on which has been received. The Commissioner of Motor Vehicles may immediately suspend or cancel all motor vehicle, [or] snowmobile, all-terrain vehicle or vessel registrations issued in the name of any person (1) who has been reported as delinquent and whose registration was renewed through an error or through the production of false evidence that the delinquent tax on any motor vehicle or snowmobile had been paid, or (2) who has been reported by a tax collector as having paid a property tax on a motor vehicle or snowmobile with a check which was dishonored by a bank and such tax remains unpaid. Any person aggrieved by any action of the commissioner under this section may appeal therefrom in the manner provided in section 14-134. For the purposes of this subsection, "paratransit vehicle" means a motor bus, taxicab or motor vehicle in livery service operated under a certificate of convenience and necessity issued by the Department of Transportation or by a transit district and which is on call or demand or used for the transportation of passengers for hire.

Sec. 10. Section 14-33a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

When a taxpayer who was reported to the Commissioner of Motor Vehicles as delinquent in taxes by a tax collector in accordance with section 14-33, as amended by this act, is no longer delinquent, the tax collector shall immediately notify the Commissioner of Motor Vehicles [, on forms prescribed and furnished by him, specifying the name, address and registration number to be removed from the motor vehicle delinquent tax list] in accordance with guidelines and procedures established by the commissioner.

Sec. 11. Section 14-36a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) A commercial driver's license issued in accordance with section 14-44c shall be designated as class A, B or C, in accordance with the provisions of subsection (b) of section 14-44d. All other operators' licenses shall be designated as class D. A license of any class that also authorizes the operation of a motorcycle shall contain the designation "M". [A license of any class that contains the designation "Q" indicates eligibility to operate fire apparatus. ]

(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.

(c) A commercial driver's license or a class D license that contains any of the following endorsements evidences that the holder meets the requirements of section 14-44:

"V"- authorizes the transportation of passengers in a student transportation vehicle, as defined in section 14-212, or any vehicle that requires an "A" or "F" endorsement;

"A"- authorizes the transportation of passengers in an activity vehicle, as defined in section 14-1, as amended by this act, or any vehicle that requires an "F" endorsement; and

"F"- authorizes the transportation of passengers in a taxicab, motor vehicle in livery service, service bus or motor bus.

The commissioner may establish one or more endorsements or restrictions on class D licenses, in accordance with regulations adopted in accordance with the provisions of chapter 54.

(d) A license of any class that contains the designation "Q" indicates eligibility to operate fire apparatus. A "Q" endorsement shall signify that the holder has been trained to operate fire apparatus in accordance with standards established by the Commission on Fire Prevention and Control. No such endorsement shall be issued to any person until he or she demonstrates personally to the commissioner, or the commissioner's designee, including the Connecticut Fire Academy, any regional fire school or the chief local fire official of any municipality as defined in section 7-323j, by means of testing in a representative vehicle that such person possesses the skills necessary for operation of fire apparatus.

[(d)] (e) No person shall operate a motor vehicle in violation of the classification of the license issued to such person.

[(e)] (f) No employer shall knowingly require or permit an employee who is acting within the scope of such employee's employment to operate a motor vehicle in violation of the classification of such employee's license.

[(f)] (g) (1) Any person who violates any provision of subsection [(d)] (e) of this section shall, for a first offense, be deemed to have committed an infraction and be fined fifty dollars and, for a subsequent offense, be guilty of a class D misdemeanor.

(2) Any employer who violates subsection [(e)] (f) of this section shall be subject to a civil penalty of not more than one thousand dollars for a first violation and not more than two thousand five hundred dollars for a second or subsequent violation.

[(g)] (h) The revocation, suspension or withdrawal of, or refusal to issue or renew an "S" endorsement, or any endorsement described in subsection (c) of this section, shall prohibit the licensee from operating any public service passenger vehicle for which a passenger endorsement is required under this section. During the period of such revocation, suspension or withdrawal of, or after a refusal to issue or renew an "S" endorsement, or any endorsement described in subsection (c) of this section, the commissioner shall not issue any other passenger endorsement to such licensee.

Sec. 12. Subsection (a) of section 14-36h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) Each motor vehicle operator's license issued by the Commissioner of Motor Vehicles in accordance with section 14-36, as amended by this act, and each identity card issued by said commissioner in accordance with section 1-1h shall contain the following: (1) The person's full legal name; (2) the person's date of birth; (3) the person's gender; (4) the person's height and eye color; (5) the person's assigned operator's license or identity card number; (6) the person's address of principal residence in this state; (7) the person's signature; (8) the person's [color] photograph or digital image; and (9) if applicable, the person's status as a veteran, as provided in subsection (e) of this section.

Sec. 13. Subsection (a) of section 14-37a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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 for operating under suspension or pursuant to section 14-140 for failure to appear for any scheduled court appearance, and any person identified in subsection (g) of this section may make application to the Commissioner of Motor Vehicles for (1) a special "work" 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, or (2) a special "education" permit to operate a motor vehicle to and from an [accredited] institution of higher education or a private occupational school, as defined in section 10a-22a, in which such person is enrolled. No such special "education" permit shall be issued to any student enrolled in a high school under the jurisdiction of a local or regional board of education, a high school under the jurisdiction of a regional educational service center, a charter school, a regional agricultural science and technology education center or a technical high school. Such application shall be accompanied by an application fee of one hundred dollars.

Sec. 14. Subsection (c) of section 14-40a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(c) Before granting a motorcycle endorsement to any applicant who has not held such an endorsement at any time within the preceding two years, the commissioner shall require the applicant to present evidence satisfactory to the commissioner that such applicant has successfully completed a novice motorcycle training course conducted by the Department of Transportation with federal funds available for the purpose of such course, or by any firm or organization that conducts such a course that uses the curriculum of the Motorcycle Safety Foundation or other safety or educational organization that has developed a curriculum approved by the commissioner. If such applicant has not obtained a motorcycle instruction permit pursuant to subsection (b) of this section, the applicant shall also pass an examination, other than the driving skills test, demonstrating that the applicant is a proper person to operate a motorcycle, has sufficient knowledge of the mechanism of a motorcycle to ensure its safe operation by such applicant, and has satisfactory knowledge of the law concerning motorcycles and other motor vehicles and the rules of the road. The commissioner may waive the requirement of such examination for any applicant who presents documentation that such applicant: (1) Is on active military duty with the armed forces of the United States; (2) is stationed outside the state; and (3) completed a novice motorcycle training course conducted by any firm or organization using the curriculum of the Motorcycle Safety Foundation not earlier than two years prior to the date of such applicant's application. When the commissioner is satisfied as to the ability and competency of the applicant, the commissioner may issue an endorsement to such applicant, either unlimited or containing such limitations as the commissioner deems advisable. If an applicant or motorcycle endorsement holder has any health problem which might affect such person's ability to operate a motorcycle safely, the commissioner may require the applicant or endorsement holder to demonstrate personally that, notwithstanding the problem, such person is a proper person to operate a motorcycle, and the commissioner may further require a certificate of the applicant's condition, signed by a medical authority designated by the commissioner, which certificate shall, in all cases, be treated as confidential by the commissioner. An endorsement, containing such limitation as the commissioner deems advisable may be issued or renewed in any case, but nothing in this section shall be construed to prevent the commissioner from refusing an endorsement, either limited or unlimited, to any person or suspending an endorsement of a person whom the commissioner deems incapable of safely operating a motorcycle.

Sec. 15. Subsection (b) of section 14-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) An original operator's license shall expire within a period not exceeding six years following the date of the operator's next birthday. The fee for such license shall be seventy-two dollars. [and twelve dollars per year or any part of a year. ] The commissioner may authorize an automobile club or association, licensed in accordance with the provisions of section 14-67 on or before July 1, 2007, to issue duplicate licenses and identity cards pursuant to section 14-50a, renew licenses, renew identity cards issued pursuant to section 1-1h and conduct registration transactions at its office facilities. The commissioner may authorize such automobile clubs or associations to charge a convenience fee, which shall not exceed [two] three dollars, to each applicant for a license or identity card renewal or duplication, or for a registration transaction.

Sec. 16. Section 14-41a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

An individual sixty-five years of age or older may renew a motor vehicle operator's license for either a two-year period or a six-year period. The fee for any license issued for a two-year period shall be [twenty-two] twenty-four dollars.

Sec. 17. Subsection (a) of section 14-44i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) There shall be charged a fee of [sixty] seventy dollars for each renewal of a commercial driver's license.

Sec. 18. Subsection (h) of section 14-44k of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(h) A person is disqualified for life if such person commits two or more of the offenses specified in subsection (b) of this section, or if such person is the subject of two or more findings by the commissioner under subsection (c) of this section, or any combination of those offenses or findings, arising from two or more separate incidents. A person is disqualified for life if the commissioner takes suspension actions against such person for two or more alcohol test refusals or test failures, or any combination of such actions, arising from two or more separate incidents. Any person disqualified for life, except a person disqualified under subsection (g) of this section, who has both voluntarily enrolled in and successfully completed an appropriate rehabilitation program, as determined by the commissioner, may apply for reinstatement of such person's commercial driver's license or commercial driver's instruction permit, provided any such applicant shall not be eligible for reinstatement until such time as such person has served a minimum disqualification period of ten years. An application for reinstatement shall be accompanied by documentation satisfactory to the commissioner that such person has both voluntarily enrolled in and successfully completed a program established and operated by the Department of Mental Health and Addiction Services pursuant to chapter 319j, a program operated through a substance abuse treatment facility licensed in accordance with section 19a-491 or the equivalent of either program offered in another state. The commissioner shall not reinstate a commercial driver's license or commercial driver's instruction permit that was disqualified for life unless an applicant for reinstatement requests an administrative hearing in accordance with chapter 54, and offers evidence that the reinstatement of such applicant's commercial driver's license or commercial driver's instruction permit does not endanger the public safety or welfare. Such evidence shall include, but not be limited to, proof that such applicant has not been convicted of any offense involving alcohol, a controlled substance or a drug during a period of ten years following the date of such applicant's most recent lifetime disqualification. If a person whose commercial driver's license or commercial driver's instruction permit is reinstated under this subsection is subsequently convicted of another disqualifying offense, such person shall be permanently disqualified for life and shall be ineligible to reapply for a reduction of the lifetime disqualification. The following shall remain on the driving history record of a commercial motor vehicle operator or commercial driver's license or commercial driver's instruction permit holder for a period of fifty-five years, as required by 49 CFR Part 384, as amended from time to time: (1) Any offense specified in subsection (b) or (c) of this section, provided such offense occurred on or after December 29, 2006; (2) each of two or more offenses specified in subsection (b) or (c) of this section that occur within ten years of each other and result in a lifetime disqualification, regardless of when such offenses occur; (3) any conviction under subsection (g) of this section for using a motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance, committed on or after January 1, 2005.

Sec. 19. Subsection (k) of section 14-44k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(k) After taking disqualification action, or suspending, revoking or cancelling a commercial driver's license or commercial driver's instruction permit, the commissioner shall update the commissioner's records to reflect such action within ten days. After taking disqualification action, or suspending, revoking or cancelling the operating privileges of a commercial motor vehicle operator or a commercial driver who is licensed or holds a commercial driver's instruction permit in another state, the commissioner shall notify the licensing state of such action within ten days. Such notification shall identify the violation that caused such disqualification, suspension, cancellation or revocation.

Sec. 20. Subsection (f) of section 14-49 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(f) For the registration of each electric motor vehicle, the commissioner shall charge a fee of [fifteen dollars for each year or part thereof. On and after July 1, 2011, the fee shall be nineteen dollars] thirty-eight dollars biennially.

Sec. 21. Subsection (a) of section 14-50 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Subject to the provisions of subsection (c) of section 14-41, there shall be charged a fee of [sixty-five] seventy-two dollars for each renewal of a motor vehicle operator's license issued for a period of six years and an additional fee of twelve dollars for each year or part thereof for each passenger endorsement.

Sec. 22. Section 14-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) No dealer or repairer may rent or allow or cause to be rented, or operate or allow or cause to be operated for hire, or use or allow or cause to be used for the purpose of conveying passengers or merchandise or freight for hire, any motor vehicle registered under a general distinguishing number and mark. No dealer or repairer may loan a motor vehicle or number plate or both to any person except for (1) the purpose of demonstration of a motor vehicle owned by such dealer, [or] (2) when a motor vehicle owned by or lawfully in the custody of such person is undergoing repairs by such dealer or repairer, or (3) when such person has purchased a motor vehicle from such dealer, the registration of which [by him] is pending, and in any case for not more than thirty days in any year, provided such person shall furnish proof to the dealer or repairer that he has liability and property damage insurance which will cover any damage to any person or property caused by the operation of the loaned motor vehicle, motor vehicle on which the loaned number plate is displayed or both. Such person's insurance shall be the prime coverage. If the person to whom the dealer or repairer loaned the motor vehicle or the number plate did not, at the time of such loan, have in force any such liability and property damage insurance, such person and such dealer or repairer shall be jointly liable for any damage to any person or property caused by the operation of the loaned motor vehicle or a motor vehicle on which the loaned number plate is displayed. Each dealer or repairer shall keep a record of each loaned number plate showing the date loaned, the vehicle identification number of the vehicle on which such plate is displayed, the date returned and the name, address and operator's license number of the person operating any vehicle with such loaned number plate. Such dealer or repairer shall give a copy of this record to each person to whom such plate or vehicle and plate are loaned which shall be carried in the motor vehicle at all times when operated upon a public highway. This record shall be retained by the dealer or repairer for a period of six months from the date on which the number plate or motor vehicle or both were loaned and such record shall be available during business hours for examination by any police officer or inspector designated by the Commissioner of Motor Vehicles.

(b) Any licensed dealer or repairer may operate or cause to be operated by a bona fide full-time employee [such] a motor vehicle owned by such dealer or repairer for (1) use in connection with [his] such dealer's or repairer's business, (2) the pickup and delivery of parts for such dealer and repairer, and (3) [his] such employee's personal use, or by a part-time employee for use only in connection with the business of such dealer or repairer. Each dealer or repairer shall maintain a record of the following: (A) Each number plate issued by the commissioner to such dealer or repairer, (B) the name, address and occupation of the bona fide full-time employee or part-time employee to whom such plate has been assigned, (C) the date of assignment of each such plate, and (D) the exact location of each unassigned plate. For the purposes of this subsection, "bona fide full-time employee" means a person who is employed by a licensed dealer or repairer for not less than thirty-five hours per week and appears on the records of such employer as an employee for whom social security, withholding tax and all deductions required by law have been made and "part-time employee" means a person who is employed by a licensed dealer or repairer for less than thirty-five hours per week and appears on the records of such employer as an employee for whom Social Security, withholding tax and all deductions required by law have been made.

Sec. 23. Section 14-62 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Each sale shall be evidenced by an order properly signed by both the buyer and seller, a copy of which shall be furnished to the buyer when executed, and an invoice upon delivery of the motor vehicle, both of which shall contain the following information: (1) Make of vehicle; (2) year of model, whether sold as new or used, and on invoice the identification number; (3) deposit, and (A) if the deposit is not refundable, the words "No Refund of Deposit" shall appear at this point, and (B) if the deposit is conditionally refundable, the words "Conditional Refund of Deposit" shall appear at this point, followed by a statement giving the conditions for refund, and (C) if the deposit is unconditionally refundable, the words "Unconditional Refund" shall appear at this point; (4) cash selling price; (5) finance charges, and (A) if these charges do not include insurance, the words "No Insurance" shall appear at this point, and (B) if these charges include insurance, a statement shall appear at this point giving the exact type of coverage; (6) allowance on motor vehicle traded in, if any, and description of the same; (7) stamped or printed in a size equal to at least ten-point bold type on the face of both order and invoice one of the following forms: (A) "This motor vehicle not guaranteed", or (B) "This motor vehicle is guaranteed", followed by a statement as to the terms of such guarantee, which statement shall not apply to household furnishings of any trailer; (8) if the motor vehicle is new but has been subject to use by the seller or use in connection with his business as a dealer, the word "demonstrator" shall be clearly displayed on the face of both order and invoice; (9) any dealer conveyance fee or processing fee and a statement that such fee is not payable to the state of Connecticut printed in at least ten-point bold type on the face of both order and invoice. For the purposes of this subdivision, "dealer conveyance fee" or "processing fee" means a fee charged by a dealer to recover reasonable costs for processing all documentation and performing services related to the closing of a sale, including, but not limited to, the registration and transfer of ownership of the motor vehicle which is the subject of the sale.

(b) No dealer shall include in the selling price a dealer preparation charge for any item or service for which he is reimbursed by the manufacturer or any item or service not specifically ordered by the buyer and itemized on the invoice.

(c) Each dealer shall provide a written statement to the buyer or prominently display a sign in the area of his place of business in which sales are negotiated which shall specify the amount of any conveyance or processing fee charged by such dealer, the services performed by the dealer for such fee, that such fee is not payable to the state of Connecticut and that the buyer may elect, where appropriate, to submit the documentation required for the registration and transfer of ownership of the motor vehicle which is the subject of the sale to the Commissioner of Motor Vehicles, in which case the dealer shall reduce such fee by a proportional amount. The Commissioner of Motor Vehicles shall determine the size, typeface and arrangement of such information.

(d) No dealer licensed under the provisions of section 14-52 shall sell any used motor vehicle without furnishing to the buyer, at the time of sale, a valid certificate of title, the assignment and warranty of title by such dealer or other evidence of title issued by another state or country, where applicable, disclosing the existence of any lien, security interest in or other encumbrance on the vehicle. Any dealer that violates this subsection shall be guilty of a class B misdemeanor.

(e) No person, firm or corporation shall sell a motor vehicle at a public or private auction without furnishing to the buyer, at the time of sale, a valid certificate of title, the assignment and warranty of title by such person, firm or corporation, or other evidence of title issued by another state or country, where applicable, disclosing the existence of any lien, security interest in or other encumbrance on the vehicle.

(f) The provisions of subsection (d) of this section shall not apply to the sale of any used motor vehicle by a new car dealer to a person, firm or corporation which, pursuant to a lease contract option, purchases such vehicle at the end of the lease term provided (1) such vehicle is registered in this state in accordance with the provisions of section 14-12, (2) the certificate of title for such vehicle is in the possession of a lessor licensed under the provisions of section 14-15, as amended by this act, (3) subsequent to such sale, such vehicle is registered in the name of the prior lessee, and (4) such dealer obtains the certificate of title from such lessor and transmits all necessary documents and fees to the commissioner not later than five days following the issuance of a motor vehicle registration for such vehicle.

(g) Before offering any used motor vehicle for retail sale, the selling dealer shall complete a comprehensive safety inspection of such vehicle. Such safety inspection shall cover all applicable equipment and components contained in sections 14-80 to 14-106d, inclusive, and such inspection shall be evidenced on a form approved by the commissioner. The selling dealer shall attest to such form under the penalty of false statement, as prescribed in section 53a-157b, and shall state that the vehicle has undergone any necessary repairs and has been deemed to be in condition for legal operation on any highway of this state. In the event defects are found but not repaired, and the vehicle is not subject to any warranty under [subsection (a) of section 42-224] section 42-221, the selling dealer shall note all such defects on the form and may sell such vehicle in "as is" condition. Any vehicle sold in "as is" condition with one or more defects in the equipment or components shall have the retail purchase order, invoice, title and assignment documents prominently marked as "not in condition for legal operation on the highways" with an explanation of defects noted on such retail purchase order, invoice and safety inspection form. A dealer selling any vehicle pursuant to this subsection shall require a purchaser to acknowledge the vehicle condition by obtaining such purchaser's signature on the retail purchase order, invoice and safety inspection forms, copies of which shall be furnished to the buyer upon execution. No dealer shall charge any fee to a customer for the completion of such safety inspection or for any repairs required to remedy defects discovered during such safety inspection pursuant to this subsection, except that nothing herein shall (1) limit or otherwise regulate the retail sales price charged by a dealer for a vehicle that has been inspected or repaired prior to sale; or (2) negate or preempt any provisions of chapter 743f. This subsection shall not apply to fees for any inspection or any work performed under the terms of a lease buy back. Any dealer that fails to conduct the safety inspection required in this subsection shall be guilty of a class B misdemeanor.

(h) No dealer licensed under section 14-52, as amended by this act, shall deliver or permit a retail purchaser to take possession or delivery of any used motor vehicle until such purchaser has paid in full for the vehicle or until financing offered by the dealer for such vehicle has been approved by the lending institution or other entity through which any financing agreement has been made. Any dealer that violates this subsection shall be guilty of a class B misdemeanor.

Sec. 24. Subsection (b) of section 14-63 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, establishing (1) a procedure whereby customers of dealers and repairers may file complaints with the Department of Motor Vehicles concerning the operations of and services provided by any such licensees, and (2) a procedure specifying the circumstances under which a licensee may stipulate to a complaint and waive such licensee's right to an administrative hearing. Such regulations shall provide for the commissioner to contact each licensee that is the subject of a complaint in order to notify such licensee of the complaint and to relate to such licensee the particular matters alleged by the complainant. [The commissioner shall] If the commissioner determines that the facts as alleged give rise to one or more violations of law related to the licensee's business, the commissioner may attempt to mediate a voluntary resolution of the complaint acceptable to the complainant and the licensee. Such regulations shall also provide that, if an acceptable resolution to the complaint is not achieved, the commissioner shall complete the commissioner's investigation of the facts and shall, if the commissioner has reason to believe that the licensee has violated any provision of section 14-64, proceed to take any action authorized under the provisions of section 14-64. If, after such an investigation, the commissioner elects not to take action against the licensee, the commissioner shall notify both the complainant and the licensee in writing. Such notice shall include a brief statement of the reasons why the commissioner has taken no action. The commissioner shall also inform the complainant and the licensee that an unresolved complaint exists and that, unless the commissioner has determined that the allegations, even if true, fail to state a violation of applicable statutory or regulatory standards, the same shall be recorded in the records of the department pertaining to such licensee until such time as the licensee submits to the commissioner satisfactory evidence, signed by the complainant or the complainant's attorney, that the claim has been resolved by agreement with the complainant or submits to the department satisfactory evidence of final adjudication in favor of such licensee. An agreement between the licensee and the complainant shall not preclude the commissioner from proceeding to take action if the commissioner has reason to believe that the licensee has violated any provision of section 14-64. A decision by the commissioner not to take action against the licensee shall be without prejudice to the claim of the customer; and neither the fact that the department has determined not to proceed nor the notice furnished to the parties, in accordance with this subsection, shall be admissible in any civil action.

Sec. 25. Subsection (f) of section 14-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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. Each such person, firm or corporation that sells any motor vehicle with an odometer reading that has been turned back or changed on the most recent assignment of ownership prior to the auction sale shall be subject to the penalties provided in section 14-106b. 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.

Sec. 26. Section 14-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) (1) No person, firm or corporation shall engage in the business of operating a wrecker for the purpose of towing or transporting motor vehicles, including motor vehicles which are disabled, inoperative or wrecked or are being removed in accordance with the provisions of section 14-145, as amended by this act, 14-150, as amended by this act, or 14-307, unless such person, firm or corporation is a motor vehicle dealer or repairer licensed under the provisions of subpart (D) of this part. (2) The commissioner shall establish and publish a schedule of uniform rates and charges for the nonconsensual towing and transporting of motor vehicles and for the storage of motor vehicles which shall be just and reasonable. Upon petition of any person, firm or corporation licensed in accordance with the provisions of this section, but not more frequently than once every two years, the commissioner shall reconsider the established rates and charges and shall amend such rates and charges if the commissioner, after consideration of the factors stated in this subdivision, determines that such rates and charges are no longer just and reasonable. In establishing and amending such rates and charges, the commissioner may consider factors, including, but not limited to, the Consumer Price Index, rates set by other jurisdictions, charges for towing and transporting services provided pursuant to a contract with an automobile club or automobile association licensed under the provisions of section 14-67 and rates published in standard service manuals. The commissioner shall hold a public hearing for the purpose of obtaining additional information concerning such rates and charges. (3) With respect to the nonconsensual towing or transporting and the storage of motor vehicles, no such person, firm or corporation shall charge more than the rates and charges published by the commissioner. Any person aggrieved by any action of the commissioner under the provisions of this section may take an appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

(b) The commissioner, or an inspector authorized by the commissioner, shall examine each wrecker, including its number, equipment and identification, and shall determine the mechanical condition of such wrecker and whether or not it is properly equipped to do the work intended. A wrecker shall be deemed properly equipped if there are two flashing yellow lights installed and mounted on such wrecker that (1) show in all directions at all times, and (2) indicate the full width of such wrecker. Such lights shall be mounted not less than eight feet above the road surface and as close to the back of the cab of such wrecker as practicable. Such lights shall be in operation when such wrecker is towing a vehicle and when such wrecker is at the scene of an accident or the location of a disabled motor vehicle. In addition, each wrecker shall be equipped with a spot light mounted so that its beam of light is directed toward the hoisting equipment in the rear of such wrecker. The hoisting equipment of each wrecker shall be of sufficient capacity to perform the service intended and shall be securely mounted to the frame of such vehicle. A fire extinguisher shall be carried at all times on each wrecker which shall be in proper working condition, mounted in a permanent bracket on each wrecker and have a minimum rating of eight bc. A set of three flares in operating condition shall be carried at all times on each wrecker and shall be used between the periods of one-half hour after sunset and one-half hour before sunrise when the wrecker is parked on a highway while making emergency repairs or preparing to pick up a disabled vehicle to remove it from a highway or adjoining property. No registrant or operator of any wrecker shall offer to give any gratuities or inducements of any kind to any police officer or other person in order to obtain towing business or recommendations for towing or storage of, or estimating repairs to, disabled vehicles. No licensee shall require the owner to sign a contract for the repair of such owner's damaged vehicle as part of the towing consideration or to sign an order for the repair of, or authorization for estimate until the tow job has been completed. No licensee shall tow a vehicle in such a negligent manner as to cause further damage to the vehicle being towed.

(c) Each wrecker used for towing or transporting motor vehicles shall be registered as a wrecker by the commissioner for a fee of one hundred twenty-five dollars. Each such registration shall be renewed biennially according to renewal schedules established by the commissioner so as to effect staggered renewal of all such registrations. If the adoption of a staggered system results in the expiration of any registration more or less than two years from its issuance, the commissioner may charge a prorated amount for such registration fee.

(d) An owner of a wrecker may apply to the commissioner for a general distinguishing number and number plate for the purpose of displaying such number plate on a motor vehicle temporarily in the custody of such owner and being towed or transported by such owner. The commissioner shall issue such number and number plate to an owner of a wrecker (1) who has complied with the requirements of this section, and (2) whose wrecker is equipped in accordance with subsection (b) of this section. The commissioner shall charge a fee to cover the cost of issuance and renewal of such number plates.

(e) With respect to the nonconsensual towing or transporting of a motor vehicle, no licensee may tow or transport a vehicle to the premises of any person, firm or corporation engaged in the storage of vehicles for compensation unless such person, firm or corporation adheres to the storage charges published by the commissioner.

(f) The provisions of this section shall not apply to [: (1) Any] any person, firm, [or] corporation [licensed as a motor vehicle dealer under the provisions of subpart (D) of this part, towing] or association: (1) Towing or transporting a motor vehicle, [for salvage purposes,] provided such person, firm, [or] corporation or association is licensed as a motor vehicle dealer pursuant to the provisions of subpart (D) of this part and does not offer direct towing or [wrecker service] transporting to the public or engage in nonconsensual towing or transporting; (2) [any person, firm or corporation] operating as an automobile club or automobile association licensed under section 14-67; (3) [any person, firm or corporation] operating as a motor vehicle recycler licensed under section 14-67l or any contractor of such recycler, provided such recycler or its contractor does not offer towing or transporting to the public or engage in nonconsensual towing or transporting; (4) [any person, firm or corporation engaged] engaging in the business of repossession of motor vehicles for lending institutions, provided it does not offer direct towing or transporting unless licensed as a motor vehicle dealer under the provisions of subpart (D) of this part; [or] (5) [any person, firm or corporation] towing motor vehicles owned or leased by such person, firm, association or corporation; (6) towing or transporting motor vehicles for hire, with the appropriate operating authority, as defined in 49 CFR 390. 5, as amended from time to time, provided such person, firm, corporation or association does not offer towing or transporting to the public or engage in nonconsensual towing or transporting; or (7) towing motor vehicles to or from an auction conducted by a dealer licensed pursuant to the provisions of subpart (D) of this part, provided such person, firm, corporation or association does not offer direct towing or transporting to the public or engage in nonconsensual towing or transporting.

(g) For the purposes of this section, "nonconsensual towing or transporting" means the towing or transporting of a motor vehicle in accordance with the provisions of section 14-145, as amended by this act, or for which arrangements are made by order of a law enforcement officer or traffic authority, as defined in section 14-297.

(h) Any person, firm, corporation or association that violates the provisions of this section shall, for a first offense, be deemed to have committed an infraction and for a second or subsequent offense, shall be guilty of a class D misdemeanor.

Sec. 27. Section 14-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) No person shall engage in the business of conducting a drivers' school without being licensed by the Commissioner of Motor Vehicles. An application for a license shall be in writing and shall contain such information as the commissioner requires. Each applicant for a license shall be fingerprinted before such application is approved. The commissioner shall subject each applicant for a license to state and national criminal history records checks conducted in accordance with section 29-17a, and a check of the state child abuse and neglect registry established pursuant to section 17a-101k. If any such applicant has a criminal record or is listed on the state child abuse and neglect registry, the commissioner shall make a determination of whether to issue a license to conduct a drivers' school in accordance with the standards and procedures set forth in section 14-44 and the regulations adopted pursuant to said section. If the application is approved, the applicant shall be granted a license upon the payment of a fee of seven hundred dollars and a deposit with the commissioner of cash or a bond of a surety company authorized to do business in this state, conditioned on the faithful performance by the applicant of any contract to furnish instruction, in either case in such amount as the commissioner may require, such cash or bond to be held by the commissioner to satisfy any execution issued against such school in a cause arising out of failure of such school to perform such contract. For each additional place of business of such school, the commissioner shall charge a fee of one hundred seventy-six dollars, except if the licensee opens an additional place of business with one year or less remaining on the term of its license, the commissioner shall charge a fee of eighty-eight dollars for each such additional place of business for the year or any part thereof remaining on the term of such license. No license shall be required in the case of any board of education, or any public, private or parochial school, which conducts a course in driver education established in accordance with sections 14-36e and 14-36f. A license so issued shall be valid for two years. The commissioner shall issue a license certificate or certificates to each licensee, one of which shall be displayed in each place of business of the licensee. In case of the loss, mutilation or destruction of a certificate, the commissioner shall issue a duplicate upon proof of the facts and the payment of a fee of twenty dollars.

(b) The biennial fee for the renewal of a license shall be seven hundred dollars and the biennial renewal fee for each additional place of business shall be one hundred seventy-six dollars, except if the licensee opens an additional place of business with one year or less remaining on the term of its license, the commissioner shall charge a fee of eighty-eight dollars for each such additional place of business for the year or any part thereof remaining on the term of such license. If the commissioner has not received a complete renewal application and all applicable renewal fees on or before the expiration date of an applicant's license, the commissioner shall charge such applicant, in addition to such renewal fees, a late fee of seven hundred dollars.

(c) Any person who engages in the business of conducting a drivers' school without being licensed in accordance with this section shall be guilty of a class B misdemeanor.

Sec. 28. Subsection (d) of section 14-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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 issue an instructor's license to such applicant. The license shall be valid for use only in connection with [the business of the] a drivers' school or schools [listed on the license] licensed pursuant to section 14-69, as amended by this act. If the applicant fails the examination, such applicant may apply for reexamination after [one month] five days. The license and the license renewal shall be valid for two years.

Sec. 29. Subsection (b) of section 14-145 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) When such motor vehicle is towed or otherwise removed by a wrecker licensed under section 14-66, as amended by this act, the licensee or operator of the wrecker shall notify the local police department of the tow or removal within two hours. Such notification shall be submitted in writing or transmitted by facsimile or electronic mail and the record of such notification shall be retained by such licensee in accordance with the provisions of section 14-66b. No such licensee or operator may charge a storage fee for such motor vehicle for the time it is stored prior to such notification. If the motor vehicle is not claimed by its owner within the time periods specified in subsection (e) of section 14-150, as amended by this act, the licensee or operator of the wrecker or of the garage where such motor vehicle is stored may dispose of it in accordance with the provisions of subsection (e) of section 14-150, as amended by this act.

Sec. 30. Section 14-163c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Commissioner of Motor Vehicles may adopt regulations, in accordance with the provisions of chapter 54, which incorporate by reference the standards set forth in 49 CFR Parts 382 to 397, inclusive, as amended. Such regulations, adopted by reference to the provisions of 49 CFR Parts 382 to 397, inclusive, as amended, may be made applicable to any motor vehicle or motor carrier, as defined in 49 CFR Part 390, which (1) is in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating or gross vehicle weight or gross combination weight of eighteen thousand one or more pounds; or (2) is in interstate commerce and has a gross vehicle weight rating or gross combination weight rating or gross vehicle weight or gross combination weight of ten thousand one or more pounds; or (3) (A) is designed or used to transport more than eight passengers, including the driver, for compensation, [except a student transportation vehicle, as defined in section 14-212,] or (B) is designed or used to transport more than fifteen passengers, including the driver, and is not used to transport passengers for compensation; or (4) is used in the transportation of hazardous materials in a quantity requiring placarding under the Hazardous Materials Transportation Act, 49 USC App. 1801 to 1813, inclusive, unless exempted under the provisions of the code or the provisions of subsection (b) of this section.

(b) The provisions relative to maximum hours of service for drivers as set forth in 49 CFR Part 395, and as adopted by reference in regulations adopted pursuant to subsection (a) of this section, shall not apply to any driver of a utility service vehicle, as defined in 49 CFR Section 395. 2, as amended.

(c) The Commissioner of Motor Vehicles may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of 49 CFR Parts 382 to 397, inclusive, as amended, when strict compliance with such provisions would entail practical difficulty or unnecessary hardship or would be otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety.

(d) Any state or municipal police officer or motor vehicle inspector may (1) inspect any motor vehicle specified in subsection (a) of this section in operation and examine its operator to determine compliance with the provisions of 49 CFR Parts 100 to 199, inclusive, as amended, and 49 CFR Parts 382 to 397, inclusive, as amended, (2) enter upon the premises of any motor carrier, as defined in 49 CFR Section 390. 5, as amended, for the purpose of inspecting and copying records maintained by such motor carrier, (3) conduct a safety rating procedure, safety audit or compliance review, in accordance with the provisions of 49 CFR Part 385, as amended, for any motor carrier that owns or operates any motor vehicle identified in subsection (a) of this section and, subject to notice and opportunity for hearing in accordance with the provisions of chapter 54, order any motor carrier with an unsatisfactory safety rating to cease operations until such time as it achieves a satisfactory rating, (4) declare a motor vehicle or its operator out of service, [as provided in 49 CFR Section 395. 13 and Section 396. 9, as amended,] or (5) issue an infractions complaint under the provisions of this section, provided such officer or inspector meets the standards established by the commissioner, in consultation with the Commissioner of Emergency Services and Public Protection, in regulations adopted in accordance with the provisions of chapter 54.

(e) (1) Any person who violates the provisions of this section or any regulations adopted under this section shall, for a first violation, have committed an infraction. (2) The commissioner may impose a civil penalty on any person for a second or subsequent violation of the provisions of this section or any regulations adopted under this section if the acts or conduct on which the conviction is based arise out of the operation of a motor vehicle in intrastate commerce and would, if such acts or conduct had occurred with respect to operation of a motor vehicle in interstate commerce, have subjected such person to a civil penalty under the provisions of 49 CFR Parts 382 to 397, inclusive, as amended. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to specify the amount of such civil penalty provided such amount shall be not less than one thousand dollars nor more than ten thousand dollars. Any person notified of the assessment of a civil penalty under the provisions of this subsection shall be entitled to an opportunity for an administrative hearing in accordance with the provisions of chapter 54. If any person fails to comply with the terms of a final decision and order of the commissioner made pursuant to this subsection, the commissioner may suspend any motor vehicle registration issued to such person or such person's privilege to register any motor vehicle in this state, or prohibit the operation of any motor vehicle owned or operated by such person, until such person complies with the terms of such final decision and order. As used in this section, "person" includes any motor carrier, as defined in 49 CFR Section 390. 5, as amended.

Sec. 31. Section 14-188 of the general statutes is amended by adding subsection (e) as follows (Effective July 1, 2013):

(NEW) (e) Any security interest in a vehicle that was originally perfected by a financial institution or other institution that (1) is no longer in existence, and (2) did not execute a release of such security interest, in accordance with subsections (a) to (c), inclusive, of this section, shall be deemed to be dissolved not earlier than ten years after such security interest was perfected if the debtor's records cannot be located by any successor institution to such financial or other institution.

Sec. 32. Subsection (h) of section 14-267a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(h) Whenever signs are displayed on a public highway, indicating that a scale is in operation and directing the driver of a [commercial vehicle] motor vehicle described in subsection (a) of section 14-163c, as amended by this act, to stop at the weighing area, the driver shall stop and, in accordance with the directions of any state police officer, [Department of Emergency Services and Public Protection employee designated by the Commissioner of Emergency Services and Public Protection,] local police officer, Department of Motor Vehicles inspector, or Department of [Transportation] Motor Vehicles employee designated by the Commissioner of [Transportation] Motor Vehicles, allow the vehicle to be weighed or inspected.

Sec. 33. Section 14-267c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

The owner of a commercial motor vehicle that is equipped with an auxiliary power or idle reduction technology unit shall, subject to the conditions described in this section, be granted a weight tolerance exemption from the gross, total axle, total tandem or bridge formula weight limits established by section 14-267a, as amended by this act. Such weight tolerance exemption shall authorize the operation of such commercial motor vehicle with additional weight equal to the actual weight of the auxiliary power or idle reduction technology unit, but not exceeding [four] five hundred fifty pounds. Such exemption may be granted by any official or law enforcement officer authorized to enforce the provisions of said section 14-267a, as amended by this act. To qualify for a weight tolerance exemption, an owner may be required to produce a written certification of the weight of such unit, and to show, by means of a written certification or physical demonstration, that the unit is fully functional at all times. As used in this section, "auxiliary power or idle reduction technology unit" means an integrated system, other than the vehicle's engine, that provides heat, air conditioning, engine warming, electric components or power to do the work for which the vehicle is designed.

Sec. 34. Subsection (e) of section 14-286 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(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; and (3) "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] having a capacity of less than fifty cubic centimeters piston displacement.

Sec. 35. Subsection (c) of section 14-286b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(c) No person riding upon any bicycle, motor-driven cycle, roller skates, skis, sled, skateboard, coaster, [or] toy vehicle or any other vehicle not designed or intended to be towed shall attach the same or [himself] such person to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, motor-driven cycle, roller skates, skis, skateboard, coaster, sled, [or] toy vehicle or any other vehicle not designed or intended to be towed to attach the same or [himself] such person to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.

Sec. 36. Section 14-289d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The Commissioner of Motor Vehicles shall issue regulations, in accordance with nationally accepted standards, concerning specifications for vision-protecting devices, including but not limited to goggles, glasses, face shields, windshields and wind screens for use by operators of motorcycles and motor-driven cycles.

(b) Failure to wear either goggles, glasses or a face shield of a type which conforms to the minimum specifications as called for by such regulations shall be an infraction. The provisions of this subsection shall not apply to operators of motorcycles and motor-driven cycles equipped with a wind screen or windshield which conforms to the minimum specifications called for by such regulations.

Sec. 37. Section 14-296aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) For purposes of this section, the following terms have the following meanings:

(1) "Mobile telephone" means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service.

(2) "Using" or "use" means holding a hand-held mobile telephone to, or in the immediate proximity of, the user's ear.

(3) "Hand-held mobile telephone" means a mobile telephone with which a user engages in a call using at least one hand.

(4) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

(5) "Hands-free mobile telephone" means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a function of such telephone.

(6) "Engage in a call" means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone.

(7) "Immediate proximity" means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator's ear.

(8) "Mobile electronic device" means any hand-held or other portable electronic equipment capable of providing data communication between two or more persons, including a text messaging device, a paging device, a personal digital assistant, a laptop computer, equipment that is capable of playing a video game or a digital video disk, or equipment on which digital photographs are taken or transmitted, or any combination thereof, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle.

(b) (1) Except as otherwise provided in this subsection and subsections (c) and (d) of this section, no person shall operate a motor vehicle upon a highway, as defined in section 14-1, as amended by this act, while using a hand-held mobile telephone to engage in a call or while using a mobile electronic device while such vehicle is in motion. An operator of a motor vehicle who types, sends or reads a text message with a hand-held mobile telephone or mobile electronic device while such vehicle is in motion shall be in violation of this section, except that if such operator is driving a commercial motor vehicle, as defined in section 14-1, as amended by this act, such operator shall be charged with a violation of subsection (e) of this section.

(2) An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in a call.

(3) The provisions of this subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device, unless otherwise provided by law.

(4) Subdivision (1) of this subsection shall not apply to: (A) The use of a hand-held mobile telephone for the sole purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital, physician's office or health clinic; an ambulance company; a fire department; or a police department, or (B) any of the following persons while in the performance of their official duties and within the scope of their employment: A peace officer, as defined in subdivision (9) of section 53a-3, a firefighter or an operator of an ambulance or authorized emergency vehicle, as defined in section 14-1, as amended by this act, or a member of the armed forces of the United States, as defined in section 27-103, while operating a military vehicle, or (C) the use of a hand-held radio by a person with an amateur radio station license issued by the Federal Communications Commission, or (D) the use of a hands-free mobile telephone.

(c) No person shall use a hand-held mobile telephone or other electronic device, including those with hands-free accessories, or a mobile electronic device while operating a moving school bus that is carrying passengers, except that this subsection shall not apply to (1) a school bus driver who places an emergency call to school officials, or (2) the use of a hand-held mobile telephone as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section.

(d) No person under eighteen years of age shall use any hand-held mobile telephone, including one with a hands-free accessory, or a mobile electronic device while operating a moving motor vehicle on a public highway, except as provided in subparagraph (A) of subdivision (4) of subsection (b) of this section.

(e) No person shall use a hand-held mobile telephone or other electronic device or type, read or send text or a text message with or from a mobile telephone or mobile electronic device while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act, except for the purpose of communicating with any of the following regarding an emergency situation: An emergency response operator; a hospital; physician's office or health clinic; an ambulance company; a fire department or a police department.

(f) Except as provided in subsections (b) to (e), inclusive, of this section, no person shall engage in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such vehicle on any highway, as defined in section 14-1, as amended by this act.

(g) Any law enforcement officer who issues a summons for a violation of this section shall record on such summons the specific nature of any distracted driving behavior observed by such officer.

(h) Any person who violates this section shall be fined one hundred [twenty-five] fifty dollars for a first violation, [two hundred fifty] three hundred dollars for a second violation and [four] five hundred dollars for a third or subsequent violation.

(i) An operator of a motor vehicle who commits a moving violation, as defined in subsection (a) of section 14-111g, while engaged in any activity prohibited by this section shall be fined in accordance with subsection (h) of this section, in addition to any penalty or fine imposed for the moving violation.

(j) The state shall remit to a municipality twenty-five per cent of the fine amount received for a violation of this section with respect to each summons issued by such municipality. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.

(k) A record of any violation of this section shall appear on the driving history record or motor vehicle record, as defined in section 14-10, of any person who commits such violation, and the record of such violation shall be available to any motor vehicle insurer in accordance with the provisions of section 14-10.

Sec. 38. Section 14-381 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

Any owner required to register a snowmobile or all-terrain vehicle shall apply to the commissioner and shall file evidence of ownership by affidavit or document. Upon receipt of an application in proper form and the registration fee, the commissioner shall assign an identification number and provide the owner with a certificate of registration and registration plate. The registration plate, which shall be affixed by the owner, shall be displayed on the snowmobile or all-terrain vehicle at a place and in a manner prescribed by the commissioner. In addition to such registration plate, each snowmobile and all-terrain vehicle so registered shall display its registration number on each side of its front section, midway between the top and bottom of said front section, in letters or numbers at least three inches in height and made of a reflective material. The certificate of registration shall be carried on such snowmobile or all-terrain vehicle and shall be available for inspection whenever such snowmobile or all-terrain vehicle is being operated. The owner shall pay a fee of twenty dollars for each snowmobile or all-terrain vehicle so registered. Each such certificate of registration shall expire [biennially on the last day of March] two years after the date such certificate of registration was issued.

Sec. 39. Subsection (b) of section 38a-364 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(b) Each insurance company that issues private passenger motor vehicle liability insurance providing the security required by sections 38a-19 and 38a-363 to 38a-388, inclusive, shall issue annually to each such insured an automobile insurance identification card, in duplicate, for each insured vehicle, one of which shall be presented to the commissioner as provided in section 14-12b, as amended by this act, and the other carried in the vehicle as provided in section 14-13. Except as provided in subsection (c) of this section, such card shall be effective for a period of one year and shall include the name of the insured and insurer, the policy number, the effective date of coverage, the year, make or model and vehicle identification number of the insured vehicle, the company code number assigned to the insurer by the National Association of Insurance Commissioners and an appropriate space wherein the insured may set forth the year, make or model and vehicle identification number of any private passenger motor vehicle that becomes covered as a result of a change in the covered vehicle during the effective period of the identification card. When an insured has five or more private passenger motor vehicles registered in this state, the insurer may use the designation "all owned vehicles" on each card in lieu of a specific vehicle description. Each insurance company that delivers, issues for delivery or renews such private passenger motor vehicle liability insurance in this state shall include on such card, the following notice, printed in capital letters and boldface type:

NOTICE:

YOU HAVE THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO YOUR MOTOR VEHICLE WILL BE REPAIRED.

Sec. 40. Subsection (c) of section 38a-364 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(c) Whenever a binder for such insurance is issued by an agent, the agent shall also issue a temporary identification card, in duplicate, for each covered vehicle effective for a period of sixty days from the date on which the binder becomes effective. Such temporary cards shall include the name of the insured and insurer, the company code number assigned to the insurer by the National Association of Insurance Commissioners, the printed name and signature of the agent or authorized representative, the effective date of the binder, the policy number or, if such number is not available, the agent's code number and the year, make or model and vehicle identification number of the insured vehicle.

Sec. 41. Subsection (a) of section 38a-683 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(a) The premium charges for a private passenger nonfleet automobile under an automobile liability or physical damage insurance policy for any principal operator who has attained the age of sixty years and has submitted proof of successful completion of [a four-hour] an accident prevention course of not less than four hours approved by the Commissioner of Motor Vehicles shall be appropriately modified to reflect such operator's reduced exposure to loss. Such course shall be completed within one year prior to the initial application of the discount or, for subsequent applications of the discount, within one year of the expiration of the current discount period. If proof of successful completion of such course is submitted during the term of a policy, any premium modification shall become effective upon the next renewal. A minimum discount of five per cent shall be applicable to premium charges for such automobile for policies effective on and after July 1, 1983. The discount shall apply to the premium charges for the automobile for at least twenty-four months. This section shall not apply to any group automobile insurance policy issued pursuant to section 38a-803 under which premiums are broadly averaged for the group rather than determined individually.

Sec. 42. Subsection (c) of section 54-33a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(c) A warrant may issue only on affidavit sworn to by the complainant or complainants before the judge or judge trial referee and establishing the grounds for issuing the warrant, which affidavit shall be part of the arrest file. If the judge or judge trial referee is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, the judge or judge trial referee shall issue a warrant identifying the property and naming or describing the person, place or thing to be searched. The warrant shall be directed to any police officer of a regularly organized police department or any state police officer, to an inspector in the Division of Criminal Justice, [or] to a conservation officer, special conservation officer or patrolman acting pursuant to section 26-6 or to a sworn motor vehicle inspector acting under the authority of section 14-8. The warrant shall state the date and time of its issuance and the grounds or probable cause for its issuance and shall command the officer to search within a reasonable time the person, place or thing named, for the property specified. The inadvertent failure of the issuing judge or judge trial referee to state on the warrant the time of its issuance shall not in and of itself invalidate the warrant.

Sec. 43. Subsection (c) of section 54-56e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):

(c) This section shall not be applicable: (1) To any person charged with a class A felony, a class B felony, except a violation of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of section 14-227a, as amended by this act, subdivision (2) of subsection (a) of section 53-21, section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f, (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person, (3) to any person accused of a family violence crime as defined in section 46b-38a who (A) is eligible for the pretrial family violence education program established under section 46b-38c, or (B) has previously had the pretrial family violence education program invoked in such person's behalf, (4) to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education program established under section 54-56i, or (B) has previously had the pretrial drug education program invoked in such person's behalf, (5) unless good cause is shown, to any person charged with a class C felony, [or] (6) to any person charged with a violation of section 9-359 or 9-359a, or (7) to any person charged with a motor vehicle violation (A) while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act, or (B) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation.

Sec. 44. Subsection (h) of section 54-56g of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2014):

(h) The provisions of this section shall not be applicable in the case of any person charged with a violation of section 14-227a, as amended by this act, (1) while operating a commercial motor vehicle, as defined in section 14-1, as amended by this act, or (2) who holds a commercial driver's license or commercial driver's instruction permit at the time of the violation.

Sec. 45. Section 14-65f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) (1) Prior to performing any repair work on a motor vehicle, a motor vehicle repair shop shall obtain a written authorization to perform the work, on an invoice signed by the customer, that includes an estimate in writing of the maximum cost to the customer of the parts and labor necessary for the specific job authorized. A repair shop shall not charge for work done or parts supplied without a written authorization or in excess of the estimate unless the customer gives consent orally or in writing.

(2) In addition to, or as part of, the written authorization set forth in subdivision (1) of this subsection, a motor vehicle repair shop shall obtain a written acknowledgment that the customer is aware of his or her right to choose the licensed repair shop where the motor vehicle will be repaired. Such acknowledgment shall read as follows: "I am aware of my right to choose the licensed repair shop where the damage to the motor vehicle will be repaired. " A repair shop shall not repair a motor vehicle without such acknowledgment, which may be transmitted by facsimile or by electronic mail.

(b) If the repair shop is unable to estimate the cost of repair because the specific repairs to be performed are not known at the time the vehicle is delivered to the repair shop, the written authorization required by this section need not include an estimate of the maximum cost of parts and labor. In such a case, prior to commencing any repairs, the repair shop shall notify the customer of the work to be performed and the estimated maximum cost to the customer of the necessary parts and labor, obtain the customer's written or oral authorization and record such information on the invoice.

(c) If, during the course of performing repair work, the repair shop discovers that repairs other than those authorized are needed or that the cost of authorized repairs will exceed the estimate, the repair shop shall not proceed with the repairs without first obtaining the customer's additional written or oral consent and recording such information on the invoice.

(d) No repair shop shall have a claim against a motor vehicle for repairs, other than for repairs actually performed and authorized, in an amount greater than that authorized by the customer under the provisions of sections 14-65e to 14-65j, inclusive, as amended by this act.

(e) If a motor vehicle is delivered to a repair shop at a time when the shop is not open for business, the authorization to repair the vehicle and the estimate of the cost of parts and labor may be given orally but shall be recorded on the invoice.

(f) Unless requested by a customer, the requirement for a repair shop to furnish an advance written estimate shall not apply to repair work for which the total cost for parts and labor is less than fifty dollars.

(g) Violation of any provision of this section shall be an infraction.

Sec. 46. Section 14-65g of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) A customer may waive his right to the estimate of the costs of parts and labor required by section 14-65f, as amended by this act, only in writing in accordance with this section. Such a waiver shall include an authorization to perform reasonable and necessary repairs to remedy the problems complained of, at a cost not to exceed a fixed dollar amount. The waiver shall be signed by the customer and the customer shall be given a fully completed copy of the waiver at the time it is signed. No repair shop shall use waivers to evade its duties under sections 14-65e to 14-65j, inclusive, as amended by this act, and section 14-65l.

(b) Every waiver shall be substantially in the following form:

WAIVER OF ADVANCE ESTIMATE

I voluntarily request that repairs be performed on my vehicle without an advance estimate of their cost. By signing this form, I authorize reasonable and necessary costs to remedy the problems complained of up to a maximum of $. . . . . The repair shop may not exceed this amount without my written or oral consent.

Identification of Vehicle . . . .

Date . . . .

Time . . . .

. . . .

Customer's Signature

(c) The Commissioner of Motor Vehicles shall determine the size, type face and arrangement of the waiver form, consistent with subsection (b) of this section.

(d) Each repair shop shall maintain a written record of oral consents and authorizations, which may be recorded on the invoice.

(e) Prior to performing any repairs on a customer's vehicle, a repair shop shall record on the invoice in writing the following information: (1) The name and address of the customer and the telephone number at which the customer may be reached during normal working hours; (2) the date and approximate time the customer's vehicle was delivered to the repair shop; (3) the year, make and registration number of the customer's vehicle; (4) the odometer reading on the customer's vehicle; and (5) the specific repairs requested by the customer. If the customer has not requested specific repairs, the shop shall record a brief description of the nature of the problem that requires repair.

(f) Any repair shop that charges for an estimate or diagnosis shall inform the customer of the amount of such charge before making the estimate or diagnosis and shall obtain the customer's consent, which consent shall be written if requested by the customer or if such charge is fifty dollars or more.

(g) Violation of any provision of this section shall be an infraction.

Sec. 47. Section 14-65h of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) All work done by a motor vehicle repair shop, including sublet repair work or repair work under warranty, shall be recorded on an invoice which shall specify the name and address of the repair shop, describe all service work done and parts supplied and state the cost of such service work and parts supplied, separately itemized. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle repair shop. Any warranty made by a repair shop with respect to any repair work performed shall be stated in writing. If such written warranty does not include the cost of both parts and labor, it shall specifically state which is excluded from the scope of such warranty.

(b) The motor vehicle repair shop shall make available to the customer, if requested by the customer at the time written or oral authorization is provided for work to be performed, all replaced parts, components or equipment. If the repair shop is required to return such parts, components or equipment to the manufacturer or other person under any warranty or rebuilding arrangement, the repair shop shall make them available to the customer for inspection only.

(c) Violation of any provision of this section shall be an infraction.

Sec. 48. Section 14-65i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Each motor vehicle repair shop shall prominently display a sign twenty-four inches by thirty-six inches in each area of its premises where work orders are placed by customers. The sign, which shall be in boldface type, shall read as follows:

THIS ESTABLISHMENT IS LICENSED WITH THE

STATE DEPARTMENT OF MOTOR VEHICLES.

EACH CUSTOMER IS ENTITLED TO. . .

──────────────────────────────────────────

1. A WRITTEN ESTIMATE FOR REPAIR WORK.

2. A DETAILED INVOICE OF WORK DONE AND PARTS SUPPLIED.

3. RETURN OF REPLACED PARTS, PROVIDED THE REQUEST IS MADE AT THE TIME WRITTEN OR ORAL AUTHORIZATION IS PROVIDED FOR WORK TO BE PERFORMED.

──────────────────────────────────────────

NO REPAIR WORK MAY BE UNDERTAKEN ON A VEHICLE WITHOUT THE AUTHORIZATION OF THE CUSTOMER.

NO CHARGES FOR REPAIR MAY BE MADE IN EXCESS OF THE WRITTEN ESTIMATE WITHOUT THE WRITTEN OR ORAL CONSENT OF THE CUSTOMER.

──────────────────────────────────────────

QUESTIONS CONCERNING THE ABOVE SHOULD BE DIRECTED TO THE MANAGER OF THIS REPAIR FACILITY.

UNRESOLVED QUESTIONS REGARDING SERVICE WORK MAY BE SUBMITTED TO:

──────────────────────────────────────────

DEPARTMENT OF MOTOR VEHICLES

DEALER REPAIR DIVISION

60 STATE STREET, WETHERSFIELD, CONNECTICUT

TELEPHONE:

HOURS OF OPERATION:

(b) Each motor vehicle repair shop shall post a sign, as required by this subsection, in each area of its premises where work orders are placed by customers. The sign shall state: (1) The hourly charge for labor; (2) the conditions, if any, under which the shop may impose charges for storage, and the amount of any such charges; and (3) the charge, if any, for a diagnosis.

(c) Each motor vehicle repair shop shall prominently display a sign in each area of its premises where work orders are placed by customers. The sign, which shall be in boldface type, shall read as follows:

NOTICE:

THE CUSTOMER HAS THE RIGHT TO CHOOSE THE LICENSED REPAIR SHOP WHERE THE DAMAGE TO HIS OR HER MOTOR VEHICLE WILL BE REPAIRED.

(d) The Commissioner of Motor Vehicles shall determine the size, type face and form of the signs required by this section.

(e) Violation of any provision of this section shall be an infraction.

Sec. 49. Section 14-65j of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) No repair shop shall make any statement to a customer which it knows or should know to be false or misleading. Such statements include, but are not limited to, statements as to the necessity of repairs, the condition of the customer's vehicle, and whether particular repairs have been performed by the shop.

(b) No repair shop shall charge a customer for repairs which have not been performed.

(c) A repair shop shall complete repairs on a motor vehicle on the same business day the vehicle is delivered to the repair shop by the customer, unless: (1) The customer is informed at the time the vehicle is delivered that repairs will not be completed on the day of delivery; (2) the customer consents to a later date of completion; or (3) as soon as it learns that repairs will not be completed on the day of delivery, the repair shop makes reasonable efforts to notify the customer and obtain consent but is unable to contact the customer. Such efforts shall be included in the record required by subsection (d) of section 14-65g, as amended by this act.

(d) The Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54 to carry out the provisions of sections 14-65e to 14-65j, inclusive, as amended by this act.

(e) A violation of subsection (a) or (b) of this section shall be a class B misdemeanor.

Sec. 50. Subsection (b) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) (1) A person eighteen years of age or older who does not hold a motor vehicle operator's license may not operate a motor vehicle on the public highways of the state for the purpose of instruction until such person has applied for and obtained an adult instruction permit from the commissioner. Such person shall not be eligible for an adult instruction permit if such person has had a motor vehicle operator's license or privilege suspended or revoked. An adult instruction permit shall entitle the holder, while such holder has the permit in his or her immediate possession, to operate a motor vehicle on the public highways, provided such holder is under the instruction of, and accompanied by, a person who holds an instructor's license issued under the provisions of section 14-73, as amended by this act, or a person twenty years of age or older who has been licensed to operate, for at least four years preceding the instruction, 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 the four-year period preceding the instruction. The Commissioner of Motor Vehicles shall not issue a motor vehicle operator's license to any person holding an adult instruction permit who has held such permit for less than ninety days unless such person (A) is a member of the armed forces on active duty outside the state, or (B) has previously held a Connecticut motor vehicle operator's license. (2) A person holding a valid out-of-state motor vehicle operator's license may operate a motor vehicle for a period of thirty days following such person's establishment of residence in Connecticut, if the motor vehicle is of the same class as that for which his or her out-of-state motor vehicle operator's license was issued. (3) No person may cause or permit the operation of a motor vehicle by a person under sixteen years of age.

Sec. 51. Subsection (g) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(g) Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) (i) if such person is under twenty-one years of age at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days or until the date of such person's twenty-first birthday, whichever is longer, and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, [or] an ignition interlock device service center or an appointment with a probation officer, or (ii) if such person is twenty-one years of age or older at the time of the offense, have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, [or] an ignition interlock device service center or an appointment with a probation officer; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense, except that if such person's revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

Sec. 52. Subdivision (1) of subsection (i) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(i) (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C)(i) or (C)(ii) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served the suspension required under said subparagraph, notwithstanding that such person has not completed serving any suspension required under subsection (i) of section 14-227b, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, and verifies to the commissioner, in such manner as the commissioner prescribes, that such device has been installed. For a period of one year after the installation of an ignition interlock device by a person who is subject to subparagraph (C)(i) or (C)(ii) of subdivision (2) of subsection (g) of this section, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, [or] an ignition interlock device service center or an appointment with a probation officer. Except as provided in sections 53a-56b and 53a-60d, no person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device.

Sec. 53. Subdivision (6) of subsection (i) of section 14-227a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(6) Whenever a person is permitted by the commissioner under this subsection to operate a motor vehicle if such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, the commissioner shall indicate in the electronic record maintained by the commissioner pertaining to such person's operator's license or driving history that such person is restricted to operating a motor vehicle that is equipped with an ignition interlock device and, if applicable, that such person's operation of a motor vehicle is limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, [or] an ignition interlock device service center or an appointment with a probation officer, and the duration of such restriction or limitation, and shall ensure that such electronic record is accessible by law enforcement officers. Any such person shall pay the commissioner a fee of one hundred dollars prior to the installation of such device.

Sec. 54. Section 7-313a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

The authorities having the supervision of the fire department of any town, city, borough or district may appoint such number of fire department members or other persons, within available appropriations, as they deem necessary to be fire police officers of such municipality or district, who shall have the powers and perform the duties in such municipality or district as designated and authorized by the fire chief of such municipality or district, and such fire police officers may exercise such powers and duties in any other municipality or district while on duty with the fire department or with a cooperating fire department, where the department is engaged in mutual assistance. Such powers and duties shall include traffic control and regulation and may be exercised by such fire police during any fire drill or fire call or at any other time when such fire police are serving with the fire department, with any other fire department in another municipality or district or with any fire department rendering mutual assistance. Each such fire police officer while in the performance of fire police duties shall wear the badge of office in plain view of any observer. Each such fire police officer, while directing traffic in performance of the duties of fire police, shall (1) wear (A) a helmet with the words "Fire Police" in red letters on the front thereof, any other headgear that meets national, state and local traffic safety standards or a regulation fire-police dress uniform cap, and (B) a traffic safety vest, orange or lime green raincoat or any reflectorized orange or lime green outer clothing, that meets national, state and local traffic safety standards, (2) carry a flashlight, which shall have a red or orange wand and be capable of projecting a clear light for the purpose of illumination at nighttime, and (3) utilize hand-held or portable traffic control devices appropriate for the time of day, weather and traffic flow. Such helmet, cap, vest, raincoat or outer clothing, badge, traffic control equipment and flashlight may be supplied by the appointing municipality or district. Any person who violates this section by failing to obey any signal given by a fire police officer directing traffic in performance of the duties of fire police shall be deemed to have committed an infraction.

Sec. 55. Subsection (d) of section 14-99h of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(d) A motor vehicle dealer, licensed in accordance with section 14-52 and meeting qualifications established by the commissioner, may verify a manufacturer's vehicle identification number to satisfy any provision requiring such verification in this chapter, or chapter 246a or 247. Such verification shall be provided in a written affidavit signed by such a motor vehicle dealer, or his designee, and submitted to the commissioner. Such affidavit shall contain a statement that the manufacturer's vehicle identification number corresponds to such number (1) on the manufacturer's or importer's certificate of origin, if the motor vehicle is new, [or] (2) on a current certificate of title, [for all other vehicles] or (3) on a current motor vehicle registration document. Such affidavit shall also contain a statement that the vehicle identification number has not been mutilated, altered or removed.

Sec. 56. Subdivision (1) of subsection (d) of section 14-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(d) (1) No motor vehicle operator's license shall be issued to any applicant who is sixteen or seventeen years of age unless the applicant has held a youth instruction permit and has satisfied the requirements specified in this subsection. The applicant shall (A) present to the Commissioner of Motor Vehicles a certificate of the successful completion (i) in a public secondary school, a state technical high school or a private secondary school of a full course of study in motor vehicle operation prepared as provided in section 14-36e, (ii) of training of similar nature provided by a licensed drivers' school approved by the commissioner, or (iii) of home training in accordance with subdivision (2) of this subsection, including, in each case, or by a combination of such types of training, successful completion of: Not less than forty clock hours of behind-the-wheel, on-the-road instruction for applicants to whom a youth instruction permit is issued on or after August 1, 2008; (B) present to the commissioner 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; and (C) pass an examination which may include a comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road in addition to the test required under subsection (c) of this section and shall include an on-the-road skills test as prescribed by the commissioner. At the time of application and examination for a motor vehicle operator's license, an applicant sixteen or seventeen years of age shall have held a youth instruction permit for not less than one hundred eighty days, except that an applicant who presents a certificate under subparagraph (A)(i) or subparagraph (A)(ii) of this subdivision shall have held a youth instruction permit for not less than one hundred twenty days and an applicant who is undergoing training and instruction by the handicapped driver training unit in accordance with the provisions of section 14-11b shall have held such permit for the period of time required by said unit. The Commissioner of Motor Vehicles shall approve the content of the safe driving instruction at drivers' schools, high schools and other secondary schools. Subject to such standards and requirements as the commissioner may impose, the commissioner may authorize any drivers' school, licensed in good standing in accordance with the provisions of section 14-69, as amended by this act, or secondary school driver education program authorized pursuant to the provisions of section 14-36e, to administer the comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road, required pursuant to subparagraph (C) of this subdivision, as part of the safe driving practices course required pursuant to subparagraph (B) of this subdivision, and to certify to the commissioner, under oath, the results of each such test administered. Such hours of instruction required by this subdivision shall be included as part of or in addition to any existing instruction programs. Any fee charged for the course required under subparagraph (B) of this subdivision shall not exceed [one hundred twenty-five dollars, unless the comprehensive test as to knowledge of the laws concerning motor vehicles and the rules of the road is also administered, in which case the fee shall not exceed] one hundred fifty dollars. Any applicant sixteen or seventeen years of age who, while a resident of another state, completed the course required in subparagraph (A) of this subdivision, but did not complete the safe driving course required in subparagraph (B) of this subdivision, shall complete the safe driving course. The commissioner may waive any requirement in this subdivision, except for that in subparagraph (C) of this subdivision, in the case of an applicant sixteen or seventeen years of age who holds a valid motor vehicle operator's license issued by any other state, provided the commissioner is satisfied that the applicant has received training and instruction of a similar nature.

Sec. 57. Subsection (b) of section 14-275 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(b) Each school bus shall be painted a uniform yellow color known as "National School Bus Glossy Yellow", except for the fenders and trim which may be painted black and the roof which may be painted white, and shall have conspicuously painted on the rear and on the front of such vehicle, in black lettering of a size to be determined by the Commissioner of Motor Vehicles, the words "School Bus-Stop on Signal", except that each school bus equipped with an eight-light warning system shall have the words "School Bus" painted on the rear and on the front of such vehicle in such lettering. The sides of such vehicles may be inscribed with the words "School Bus", the school name or such other legend or device as may be necessary for purposes of identification or safety. Each school bus, and any student transportation vehicle, as defined in section 14-212, regularly used by any town, regional school district, private school or entity contracting with such town, regional school district or private school to transport school children to and from school or school activities, shall have conspicuously painted on the rear and sides of such bus or student transportation vehicle, in black lettering of a size to be determined by the commissioner, the name of the school bus company, the school bus company's telephone number and the school bus number or the name of the owner or operator of such student transportation vehicle, the telephone number of such owner or operator and the fleet number of such student transportation vehicle.

Sec. 58. Subsection (j) of section 14-150 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):

(j) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with the provisions of chapter 54, (1) specifying the circumstances under which title to any motor vehicle abandoned within the limits of any highway may be transferred to any person, firm or corporation towing such vehicle, and (2) establishing the procedure whereby such person, firm or corporation may obtain title to such motor vehicle. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, specifying the circumstances under which the owner of a campground may dispose of a motor home or recreational vehicle abandoned on such owner's property and establishing procedures governing such disposal.

Sec. 59. (NEW) (Effective July 1, 2013) Notwithstanding any provision of the general statutes or any regulation, no motor carrier and no person operating any motor vehicle described in subsection (a) of section 14-163c of the general statutes, as amended by this act, shall be ineligible to enter into a contract or to perform under a contract to provide commercial motor vehicle services to the state or any municipality due to the results of inspections of such motor carrier or any such motor vehicle conducted pursuant to section 14-163c of the general statutes, as amended by this act, unless at least ten such inspections of such motor vehicle or motor carrier have been conducted during the twenty-four months preceding the start date of any such contract.

Sec. 60. Section 14-137a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54, setting forth the number of points chargeable against the owner of an operator's license for conviction of any violation of the motor vehicle laws deemed appropriate by the commissioner for the assessment of such points. Such regulations shall provide specific information as to the number of points assessed for the conviction of each specified violation, the total number of points which, in a period of time specified by the commissioner, shall require a hearing before the commissioner or permit automatic suspension without prior hearing, and the period of time during which any such suspension shall extend. Such regulations shall provide that (1) not less than two points shall be assessed for conviction of a violation of subsection (d) of section 14-100a, (2) not more than one point shall be assessed for conviction of a violation of section 14-219 and (3) no points shall be assessed for an infraction or any violation specified in subsection (b) of section 51-164n for which the person sends payment of the fine and any additional fees or costs established for such infraction or violation to the Centralized Infractions Bureau in accordance with the provisions of subsection (c) of section 51-164n, except not less than one point shall be assessed for any violation of section 14-296aa, as amended by this act. If such regulations provide for participation in a driver improvement course or system for the owner of an operator's license, the commissioner may charge a fee of fifty dollars for registration for such course or system. "

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

Section 1

July 1, 2013

1-24

Sec. 2

from passage

New section

Sec. 3

July 1, 2013

14-1(52)

Sec. 4

July 1, 2013

14-1(63)

Sec. 5

July 1, 2013

14-1(80)

Sec. 6

October 1, 2013

14-9a

Sec. 7

October 1, 2013

14-12b(a)

Sec. 8

July 1, 2013

14-15(a)

Sec. 9

October 1, 2013

14-33(a)

Sec. 10

October 1, 2013

14-33a

Sec. 11

July 1, 2013

14-36a

Sec. 12

July 1, 2013

14-36h(a)

Sec. 13

July 1, 2013

14-37a(a)

Sec. 14

July 1, 2013

14-40a(c)

Sec. 15

October 1, 2013

14-41(b)

Sec. 16

October 1, 2013

14-41a

Sec. 17

October 1, 2013

14-44i(a)

Sec. 18

October 1, 2013

14-44k(h)

Sec. 19

July 1, 2013

14-44k(k)

Sec. 20

October 1, 2013

14-49(f)

Sec. 21

October 1, 2013

14-50(a)

Sec. 22

July 1, 2013

14-60

Sec. 23

October 1, 2013

14-62

Sec. 24

July 1, 2013

14-63(b)

Sec. 25

July 1, 2013

14-65(f)

Sec. 26

October 1, 2013

14-66

Sec. 27

July 1, 2013

14-69

Sec. 28

July 1, 2013

14-73(d)

Sec. 29

July 1, 2013

14-145(b)

Sec. 30

July 1, 2013

14-163c

Sec. 31

July 1, 2013

14-188

Sec. 32

July 1, 2013

14-267a(h)

Sec. 33

July 1, 2013

14-267c

Sec. 34

July 1, 2013

14-286(e)

Sec. 35

July 1, 2013

14-286b(c)

Sec. 36

July 1, 2013

14-289d

Sec. 37

October 1, 2013

14-296aa

Sec. 38

October 1, 2013

14-381

Sec. 39

October 1, 2013

38a-364(b)

Sec. 40

October 1, 2013

38a-364(c)

Sec. 41

July 1, 2013

38a-683(a)

Sec. 42

July 1, 2013

54-33a(c)

Sec. 43

January 1, 2014

54-56e(c)

Sec. 44

January 1, 2014

54-56g(h)

Sec. 45

October 1, 2013

14-65f

Sec. 46

October 1, 2013

14-65g

Sec. 47

October 1, 2013

14-65h

Sec. 48

October 1, 2013

14-65i

Sec. 49

October 1, 2013

14-65j

Sec. 50

from passage

14-36(b)

Sec. 51

July 1, 2013

14-227a(g)

Sec. 52

July 1, 2013

14-227a(i)(1)

Sec. 53

July 1, 2013

14-227a(i)(6)

Sec. 54

October 1, 2013

7-313a

Sec. 55

July 1, 2013

14-99h(d)

Sec. 56

October 1, 2013

14-36(d)(1)

Sec. 57

July 1, 2013

14-275(b)

Sec. 58

July 1, 2013

14-150(j)

Sec. 59

July 1, 2013

New section

Sec. 60

October 1, 2013

14-137a

The Speaker ordered the vote be taken by roll call at 10: 37 p. m.

The following is the result of the vote:

Total Number Voting 140

Necessary for Passage 71

Those voting Yea 139

Those voting Nay 1

Those absent and not voting 10

On a roll call vote House Bill No. 6033 as amended by House Amendment Schedule "A" was passed.

The following is the roll call vote:

Y

    

ABERCROMBIE

Y

    

HEWETT

Y

    

URBAN

Y

    

LABRIOLA

Y

    

ALBIS

Y

    

HOLDER-WINFIELD

Y

    

VARGAS

Y

    

LAVIELLE

Y

    

ALEXANDER

    

X

JANOWSKI

Y

    

VERRENGIA

Y

    

LEGEYT

Y

    

ALTOBELLO

Y

    

JOHNSON

Y

    

VICINO

Y

    

MILLER, L.

Y

    

ARCE

Y

    

JUTILA

Y

    

WALKER

Y

    

MINER

Y

    

ARCONTI

    

X

KINER

Y

    

WIDLITZ

    

X

MOLGANO

Y

    

ARESIMOWICZ

Y

    

LARSON

Y

    

WILLIS

    

X

NOUJAIM

Y

    

AYALA

Y

    

LEMAR

Y

    

WRIGHT, C.

Y

    

O'DEA

   

X

BACKER, T.

Y

    

LESSER

Y

    

WRIGHT, E.

Y

    

O'NEILL

Y

    

BARAM

Y

    

LOPES

Y

    

ZONI

Y

    

PERILLO

Y

    

BECKER, B.

Y

    

LUXENBERG

      

VACANT

Y

    

PISCOPO

   

X

BOUKUS

Y

    

MARONEY

        

Y

    

REBIMBAS

Y

    

BOWLES

Y

    

MCCRORY

        

Y

    

RUTIGLIANO

Y

    

BUTLER

Y

    

MCGEE

        

Y

    

SAMPSON

Y

    

CANDELARIA, J.

Y

    

MEGNA

Y

    

ACKERT

Y

    

SAWYER

Y

    

CLEMONS

Y

    

MIKUTEL

Y

    

ADINOLFI

Y

    

SCRIBNER

Y

    

CONROY

Y

    

MILLER, P.

Y

    

ALBERTS

Y

    

SHABAN

Y

    

COOK

Y

    

MORIN

Y

    

AMAN

Y

    

SIMANSKI

Y

    

CUEVAS

Y

    

MORRIS

    

X

BACCHIOCHI

Y

    

SMITH

Y

    

D'AGOSTINO

    

X

MOUKAWSHER

Y

    

BETTS

Y

    

SRINIVASAN

Y

    

DARGAN

Y

    

MUSHINSKY

Y

    

BOLINSKY

Y

    

WALKO

Y

    

DAVIS, P.

Y

    

NAFIS

Y

    

BUCK-TAYLOR

Y

    

WILLIAMS

Y

    

DEMICCO, M.

Y

    

NICASTRO

Y

    

CAFERO

Y

    

WOOD

Y

    

DILLON

Y

    

O'BRIEN

Y

    

CAMILLO

Y

    

YACCARINO

Y

    

DIMINICO, j.

Y

    

PERONE

Y

    

CANDELORA, V.

Y

    

ZIOBRON

Y

    

ESPOSITO

Y

    

REED

Y

    

CARPINO

Y

    

ZUPKUS

Y

    

FAWCETT

Y

    

RILEY

Y

    

CARTER

        

Y

    

FLEISCHMANN

Y

    

RITTER, M.

Y

    

CASE

        
 

N

  

FLEXER

Y

    

ROJAS

Y

    

D'AMELIO

        

Y

    

FOX, D.

   

X

ROSE

Y

    

DAVIS, C.

Y

    

SHARKEY (SPKR)

Y

    

FOX, G.

Y

    

ROVERO

Y

    

FLOREN

        
   

X

FRITZ

Y

    

SANCHEZ

Y

    

FREY

        

Y

    

GENGA

Y

    

SANTIAGO, E.

Y

    

GIEGLER

        

Y

    

GENTILE

Y

    

SANTIAGO, H.

Y

    

GIULIANO

Y

    

BERGER (DEP)

Y

    

GONZALEZ

Y

    

SEAR

Y

    

HOVEY

Y

    

GODFREY (DEP)

Y

    

GROGINS

Y

    

SERRA

Y

    

HOYDICK

Y

    

MILLER, P. B. (DEP)

Y

    

GUERRERA

Y

    

STALLWORTH

Y

    

HWANG

Y

    

ORANGE (DEP)

Y

    

HADDAD

Y

    

STEINBERG

Y

    

KLARIDES

Y

    

RITTER, E. (DEP)

Y

    

HAMPTON

Y

    

TERCYAK

Y

    

KOKORUDA

Y

    

RYAN (DEP)

Y

    

HENNESSY

Y

    

TONG

Y

    

KUPCHICK

Y

    

SAYERS (DEP)

SPEAKER SHARKEY IN THE CHAIR

BUSINESS FROM THE SENATE

FAVORABLE REPORTS OF JOINT STANDING COMMITTEES

SENATE BILLS

The following favorable reports of the Joint Standing Committees were received from the Senate, the bills read the second time and tabled for the Calendar:

INSURANCE AND REAL ESTATE. S. B. No. 596 (RAISED) (File No. 3) AN ACT CONCERNING THE DUTIES OF THE CONNECTICUT HEALTH INSURANCE EXCHANGE.

JUDICIARY. Substitute for S. B. No. 1028 (RAISED) (File No. 273) AN ACT CONCERNING INSURANCE DEPARTMENT EXAMINATIONS OF MARKET CONDUCT ACTIVITY. (As amended by Senate Amendment Schedule "D").

EDUCATION. Substitute for S. B. No. 1097 (RAISED) (File No. 544) AN ACT CONCERNING REVISIONS TO THE EDUCATION REFORM ACT OF 2012. (As amended by Senate Amendment Schedule "B").

IMMEDIATE TRANSMITTAL TO THE SENATE

On motion of Representative Aresimowicz of the 30th District, all matters requiring further action by the Senate were immediately transmitted to the Senate.

REPRESENTATIVES ABSENT

The following Representatives were absent today or may have missed some votes due to the following:

Representative Backer of the 121st District - illness

Representative Bacchiochi of the 52nd District - family business

Representative Boukus of the 22nd District - illness

Representative Frey of the 111th District - illness

Representative LeGeyt of the 17th District - family illness

Representative Molgano of the 144th District - illness

Representative Noujaim of the 74th District - family illness

Representative O'Brien of the 61st District - illness

Representative Rose of the 118th District - illness

ADJOURNMENT

On motion of Representative Aresimowicz of the 30th District, the House adjourned at 10: 45 o'clock p. m. , to meet again at the Call of the Chair.