JOURNAL OF THE SENATE

Monday, January 9, 2017

The Senate was called to order at 12: 20 p. m. in accordance with the provisions of Senate Rule 9(f), and under the authority of the President Pro Tempore and the Senate Republican Leader.

The prayer was offered by Acting Chaplain, Noele R. Kidney of Ellington, Connecticut.

The following is the prayer:

In these difficult times, may our leaders find in their hearts the guidance and wisdom to do what is best for the people of Connecticut.

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

It is hereby moved that Senate Agenda Number 1, dated January 9, 2017 is adopted, the items on said Agenda shall be acted upon as indicated and that the Agenda shall be incorporated into the Senate Journal and Senate Transcript.

COMMUNICATIONS FROM HIS EXCELLENCY

THE GOVERNOR

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

Corrected

January 6, 2017

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Section 52-434(a) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable Gerard I. Adelman of Meriden to be a State Referee, to serve for a term of eight years from February 25, 2017.

Dannel P. Malloy

Governor

Corrected

January 6, 2017

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Section 52-434(a) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable Joseph P. Flynn of Derby to be a State Referee, to serve for a term of eight years from February 7, 2017.

Dannel P. Malloy

Governor

Corrected

January 6, 2017

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Section 52-434(a) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable Richard P. Gilardi of Stratford to be a State Referee, to serve for a term of eight years from February 7, 2017.

Dannel P. Malloy

Governor

Corrected

January 6, 2017

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Section 52-434(a) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable Flemming L. Norcott, Jr. of New Haven to be a State Referee, to serve for a term of eight years from February 17, 2017.

Dannel P. Malloy

Governor

Corrected

January 6, 2017

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Section 52-434(a) of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable William J. Sullivan of Waterbury to be a State Referee, to serve for a term of eight years from January 22, 2017.

Dannel P. Malloy

Governor

COMMUNICATION FROM THE

SENATE REPUBLICAN PRESIDENT PRO TEMPORE

AND THE HOUSE REPUBLICAN LEADER

The following communication was received from the Senate Republican President Pro Tempore and the House Republican Leader, read by the Clerk and referred to the Joint Standing Committee on Executive Nominations:

January 4, 2017

To the Honorable General Assembly:

Pursuant to Connecticut General Statutes 2-89, it is our pleasure to nominate, and with your advice and consent, appoint Mr. Robert J. Kane of Watertown, Connecticut, to be an Auditor of Public Accounts, fulfilling the unexpired portion of the term of Robert Ward, who has resigned. Mr. Kane will serve a term beginning immediately and ending June 30, 2019.

Len Fasano Themis Klarides

Senate Republican President Pro Tempore House Republican Leader

REPORT

The following report was received, read by the Clerk and referred to the Committee indicated:

Report – Auditors of Public Accounts – Office of the State Comptroller – Internal Control Over Financial Reporting and on Compliance and Other Matters for Fiscal Year ended June 30, 2016, State of Connecticut Comprehensive Annual Financial Report. (Pursuant to Section 2-90 of the Connecticut General Statutes) Date received: January 9, 2017

Referred to Committee on Appropriations, Finance, Revenue and Bonding and Joint Committee on Legislative Management

INTRODUCTION OF BILLS

SENATE AND HOUSE BILLS AND RESOLUTIONS

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

EDUCATION

Proposed S. B. No. 14 SEN. GERRATANA, 6th DIST. 'AN ACT CONCERNING THE CREATION OF AN ADVISORY COUNCIL RELATING TO DIGITAL CITIZENSHIP, INTERNET SAFETY AND MEDIA LITERACY', to create an advisory council within the Department of Education relating to digital citizenship, Internet safety and media literacy.

Proposed S. B. No. 15 SEN. WITKOS, 8th DIST. 'AN ACT REQUIRING MUNICIPAL APPROVAL OF A SCHOOL CLOSURE', to require a town to hold a referendum to approve the decision of a local board of education to close a school within the school district.

FINANCE, REVENUE AND BONDING

Proposed S. B. No. 16 SEN. WITKOS, 8th DIST. 'AN ACT CONCERNING AN INCOME TAX DEDUCTION FOR MEDICAL EXPENSES', to provide a deduction from the personal income tax for out-of-pocket medical expenses.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

Proposed S. B. No. 17 SEN. LOONEY, 11th DIST. 'AN ACT ASSISTING STUDENTS WITHOUT LEGAL IMMIGRATION STATUS WITH THE COST OF COLLEGE', to improve the state labor force.

HUMAN SERVICES

Proposed S. B. No. 18 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING ADVANCE NOTICE OF GUIDELINES AND BULLETINS ISSUED BY THE DEPARTMENT OF SOCIAL SERVICES', to improve government transparency.

INSURANCE AND REAL ESTATE

Proposed S. B. No. 19 SEN. LOONEY, 11th DIST. 'AN ACT REQUIRING HEALTH INSURANCE COVERAGE OF A PRESCRIBED DRUG FOR A CHRONIC CONDITION DURING CERTAIN ADVERSE DETERMINATION REVIEWS', to require health insurance coverage, during certain adverse determination reviews, of a prescribed drug other than a schedule II or III controlled substance for a chronic condition.

Proposed S. B. No. 20 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING THE FACTORS TO BE CONSIDERED BY THE INSURANCE DEPARTMENT IN A HEALTH INSURANCE PREMIUM RATE FILING REVIEW', to include affordability as a factor the Insurance Department shall consider when reviewing health insurance premium rate filings and to establish standards for such factor.

Proposed S. B. No. 21 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING HEALTH INSURANCE COVERAGE OF ORALLY AND INTRAVENOUSLY ADMINISTERED MEDICATIONS', to create equity between orally administered and intravenously administered medications.

Proposed S. B. No. 22 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING COST-SHARING FOR PRESCRIPTION DRUGS', to assist Connecticut citizens with prescription drug costs.

Proposed S. B. No. 23 SEN. LOONEY, 11th DIST. 'AN ACT REQUIRING SITE-NEUTRAL PAYMENTS FOR HEALTH CARE SERVICES', to improve the health care market.

Proposed S. B. No. 24 SEN. LOONEY, 11th DIST. 'AN ACT REDUCING THE TIME FRAMES FOR URGENT CARE ADVERSE DETERMINATION REVIEW REQUESTS', to improve access to care.

Proposed S. B. No. 25 SEN. LOONEY, 11th DIST. 'AN ACT REQUIRING HEALTH INSURANCE COVERAGE OF A PRESCRIBED DRUG DURING THE ENTIRE ADVERSE DETERMINATION REVIEW AND EXTERNAL REVIEW PROCESSES', to require health insurance coverage, during the entire adverse determination review and external review processes, of a prescribed drug other than a schedule II or III controlled substance.

JUDICIARY

Proposed S. B. No. 26 SEN. WITKOS, 8th DIST. 'AN ACT CONCERNING SWATTING', to make swatting a felony offense.

LABOR AND PUBLIC EMPLOYEES

Proposed S. B. No. 27 SEN. LOONEY, 11th DIST. 'AN ACT INCLUDING CERTAIN MENTAL OR EMOTIONAL IMPAIRMENTS WITHIN THE DEFINITION OF "PERSONAL INJURY" UNDER THE WORKERS' COMPENSATION STATUTES', to expand workers' compensation coverage in certain situations that result in mental or emotional impairment.

PUBLIC HEALTH

Proposed S. B. No. 28 SEN. WITKOS, 8th DIST. 'AN ACT ALLOWING ADVANCED PRACTICE REGISTERED NURSES TO CONCLUDE THAT A PERSON HAS PSYCHIATRIC DISABILITIES AND IS DANGEROUS TO HIMSELF OR HERSELF OR OTHERS FOR PURPOSES OF CONFINEMENT IN A HOSPITAL FOR PSYCHIATRIC DISABILITIES UNDER AN EMERGENCY CERTIFICATE', to allow advanced practice registered nurses to conclude that a person has psychiatric disabilities and is dangerous to himself or herself or others for purposes of confinement to a hospital for psychiatric disabilities under an emergency certificate.

Proposed S. B. No. 29 SEN. WITKOS, 8th DIST. 'AN ACT ALLOWING ADVANCED PRACTICE REGISTERED NURSES TO PRACTICE INDEPENDENTLY UNDER THE SUPERVISION OF AN EXPERIENCED ADVANCED PRACTICE REGISTERED NURSE', to allow new advanced practice registered nurses to collaborate with experienced advanced practice registered nurses.

Proposed S. B. No. 30 SEN. LOONEY, 11th DIST. 'AN ACT CONCERNING STAFF MEMBERSHIP OR PRIVILEGES OF PHYSICIANS', to prevent patients from receiving unexpected bills.

Proposed S. B. No. 31 SEN. LOONEY, 11th DIST. 'AN ACT REQUIRING PHYSICIANS' OFFICES AND HEALTH CARE FACILITIES TO BE ACCESSIBLE TO PERSONS WITH PHYSICAL DISABILITIES', to assist persons with disabilities in attaining medical care.

TRANSPORTATION

Proposed S. B. No. 32 SEN. WITKOS, 8th DIST. 'AN ACT ESTABLISHING A TWO-YEAR MORATORIUM ON ERECTING SIGNS TO IDENTIFY ROADS, BRIDGES AND HIGHWAYS NAMED IN MEMORY OF PERSONS OR IN COMMEMORATION OF ORGANIZATIONS', to establish a two-year moratorium on erecting signs to identify roads, bridges and highways named in memory of a person or in commemoration of an organization and to create a registry of existing roads, bridges and highways that are named in memory of a person or in commemoration of an organization.

APPROPRIATIONS

Proposed H. B. No. 5309 REP. BETTS, 78th DIST. 'AN ACT CONCERNING FUNDING OF STATE MANDATES TO LOCAL GOVERNMENTS', to require the state to fund new unfunded mandates imposed on local governments.

Proposed H. B. No. 5310 REP. BETTS, 78th DIST. 'AN ACT CONCERNING THE AVAILABILITY OF BUDGET-RELATED INFORMATION', to amend the time for the annual submission of budget-related information by the Secretary of the Office of Policy and Management and the director of the legislative Office of Fiscal Analysis.

EDUCATION

Proposed H. B. No. 5311 REP. SCANLON, 98th DIST. 'AN ACT ESTABLISHING RECOVERY HIGH SCHOOLS', to establish recovery high schools in Connecticut for the purpose of educating students recovering from substance abuse.

FINANCE, REVENUE AND BONDING

Proposed H. B. No. 5312 REP. MORIN, 28th DIST. 'AN ACT AUTHORIZING BONDS OF THE STATE FOR THE WEBB-DEANE-STEVENS MUSEUM IN THE TOWN OF WETHERSFIELD', to provide funding for the expansion project at the Webb-Deane-Stevens Museum in Wethersfield.

Proposed H. B. No. 5313 REP. DELNICKI, 14th DIST. 'AN ACT ELIMINATING PERSONAL INCOME TAXATION ON PENSIONS AND SOCIAL SECURITY BENEFITS', to eliminate the personal income tax on pensions and Social Security benefits.

GENERAL LAW

Proposed H. B. No. 5314 REP. ZIOBRON, 34th DIST. 'AN ACT CONCERNING THE REGULATION AND TAXATION OF THE RETAIL SALE AND CULTIVATION OF MARIJUANA FOR USE BY PERSONS TWENTY-ONE YEARS OF AGE OR OLDER', to require the Department of Consumer Protection to establish and administer a program by which persons twenty-one years of age or older may legally purchase and cultivate marijuana and to require the Department of Revenue Services to establish and administer a tax structure that will provide revenue to the General Fund, Budget Reserve Fund and certain municipalities.

GOVERNMENT ADMINISTRATION AND ELECTIONS

Proposed H. B. No. 5315 REP. ZIOBRON, 34th DIST. 'AN ACT ELIMINATING CERTAIN LEGISLATOR FRANKING PRIVILEGES', to decrease the amount of state funds used for legislators to send mail.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT

Proposed H. B. No. 5316 REP. SKULCZYCK, 45th DIST. 'AN ACT ELIMINATING STATE FUNDING OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT ADOPT SANCTUARY CITY POLICIES OR PROCEDURES', to prevent public institutions of higher education from protecting or sheltering illegal immigrants in violation of federal law.

HOUSING

Proposed H. B. No. 5317 REP. ACKERT, 8th DIST. 'AN ACT REQUIRING ELDERLY HOUSING TO HAVE AN AUTOMATED, HANDICAPPED-ACCESSIBLE DOOR TO COMMON FACILITIES AND COMMUNITY ROOMS', to allow handicapped residents of elderly housing to easily access common facilities and community rooms.

HUMAN SERVICES

Proposed H. B. No. 5318 REP. BETTS, 78th DIST. 'AN ACT CONCERNING PRIVATIZING DELIVERY OF UP TO FIFTY PER CENT OF SOCIAL SERVICES BY NONPROFITS', to provide higher quality social services at less expense.

LABOR AND PUBLIC EMPLOYEES

Proposed H. B. No. 5319 REP. DUNSBY, 135th DIST. 'AN ACT CONCERNING THE PREVAILING WAGE THRESHOLDS', to update the prevailing wage thresholds.

PLANNING AND DEVELOPMENT

Proposed H. B. No. 5320 REP. FISHBEIN, 90th DIST. 'AN ACT REPEALING THE MUNICIPAL SPENDING CAP', to give municipalities more flexibility in their budget-making process.

Proposed H. B. No. 5321 REP. FISHBEIN, 90th DIST. 'AN ACT REPEALING THE MUNICIPAL MILL RATE CAP', to provide mandate relief to municipalities.

Proposed H. B. No. 5322 REP. DUNSBY, 135th DIST. 'AN ACT ALLOWING THE PUBLICATION OF PUBLIC NOTICE ON A MUNICIPAL INTERNET WEB SITE', to allow for the publication of public notice on a municipal Internet web site in lieu of a weekly newspaper.

PUBLIC HEALTH

Proposed H. B. No. 5323 REP. KLARIDES-DITRIA, 105th DIST. 'AN ACT CONCERNING TRAINING OF LICENSED HEALTH CARE PROFESSIONALS WHO CLEAR STUDENT ATHLETES FOR PARTICIPATION IN SUPERVISED TEAM ACTIVITIES AFTER A CONCUSSION', to strengthen existing student athlete concussion legislation.

TRANSPORTATION

Proposed H. B. No. 5324 REP. BETTS, 78th DIST. 'AN ACT INCREASING THE PENALTIES FOR TEXTING OR USING A HAND-HELD MOBILE TELEPHONE WHILE DRIVING', to increase the penalties for texting and using a hand-held mobile telephone while driving.

Proposed H. B. No. 5325 REP. KLARIDES-DITRIA, 105th DIST. 'AN ACT INFORMING SCHOOL DISTRICTS OF THE SCHOOL BUS SEAT BELT ACCOUNT', to inform local and regional school districts of the ability to apply for funds from the school bus seat belt account.

VETERANS' AFFAIRS

Proposed H. B. No. 5326 REP. DELNICKI, 14th DIST. 'AN ACT INCREASING MENTAL HEALTH RESOURCES TO VETERANS AND MEMBERS OF THE ARMED FORCES', to aid veterans and members of the armed forces by creating a safety net of services to help with their transition from the military to civilian life.

Proposed H. B. No. 5327 REP. ACKERT, 8th DIST. 'AN ACT CONCERNING HONOR GUARD DETAILS AT VETERAN FUNERALS', to include at least two riflemen or riflewomen in honor guard details at veteran funerals.

ADJOURNMENT

The Senate at 12: 25 p. m. adjourned under provisions of Senate Rule 9(f) subject to the call of the chair.

COMMUNICATION FROM THE

ATTORNEY GENERAL

The following communication was received from the Attorney General, read and referred to the Joint Standing Committee on Appropriations.

Juan F. , et al. v. Governor Dannel Malloy, et al. , Case No. 2: 89 cv 00859 (SRU)

Pursuant to Section 3-125a of the General Statutes and Rule 32(l) of the Joint Rules of the Connecticut General Assembly, I hereby submit for approval six copies of the enclosed settlement agreement in the above-captioned matter.

Sincerely,

George Jepsen