JOURNAL OF THE SENATE

Tuesday, May 23, 2017

The Senate was called to order at 6: 45 p. m. , the President in the Chair.

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

The following is the prayer:

Please bless us with an inner strength so that our lives and our work may be a blessing on others.

PLEDGE

Senator Moore of the 22nd led the Senate in the Pledge of Allegiance.

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 Letters

May 23, 2017

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you, Matthew J. Budzik of Simsbury to be a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Jorge A. Simón, who has elected senior judge status.

Dannel P. Malloy

Governor

May 23, 2017

To the Honorable General Assembly:

Pursuant to Section 46b-231of the Connecticut General Statutes, I have the honor to nominate for reappointment by you the Honorable David A. Dee of Avon to be a Family Support Magistrate, to serve for a term of five years from the date of confirmation by you.

Dannel P. Malloy

Governor

REPORTS

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

Report – Department of Mental Health and Addiction Services – Psychiatric Services Study. (Pursuant to Section 356 of Public Act 15-5) Date received: May 22, 2017

Referred to Committees on Appropriations, Children, Human Services and Public Health

Report – Department of Insurance – Medical Malpractice Report for Calendar Years 2012 – 2016. (Pursuant to Section 38a-395 of the Connecticut General Statutes) date received: May 23, 2017

Referred to Committee on Insurance and Real Estate

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

SENATE JOINT RESOLUTIONS

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

JUDICIARY. S. J. No. 48 RESOLUTION CONFIRMING THE NOMINATION OF BARRY F. ARMATA, ESQUIRE, OF SUFFIELD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 49 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE MARIA ARAUJO KAHN OF CHESHIRE TO BE A JUDGE OF THE APPELLATE COURT AND A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 50 RESOLUTION CONFIRMING THE NOMINATION OF JOHN L. CORDANI, ESQUIRE, OF WOLCOTT TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 51 RESOLUTION CONFIRMING THE NOMINATION OF ERNEST GREEN, JR. , ESQUIRE, OF NORWICH TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 52 RESOLUTION CONFIRMING THE NOMINATION OF SHARI MURPHY, ESQUIRE, OF NORTH BRANFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 53 RESOLUTION CONFIRMING THE NOMINATION OF TAMMY T. NGUYEN O'DOWD, ESQUIRE, OF BLOOMFIELD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 54 RESOLUTION CONFIRMING THE NOMINATION OF WALTER M. SPADER, JR. , ESQUIRE, OF NORTH HAVEN TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. S. J. No. 55 RESOLUTION CONFIRMING THE NOMINATION OF ROBERT A. D'ANDREA OF LITCHFIELD TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. S. J. No. 56 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE KATHERINE Y. HUTCHINSON OF ANDOVER TO BE A FAMILY SUPPORT REFEREE.

JUDICIARY. S. J. No. 57 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE HARRIS T. LIFSHITZ OF EAST HARTFORD TO BE A FAMILY SUPPORT REFEREE.

JUDICIARY. S. J. No. 58 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE GLADYS IDELIS NIEVES OF NEW HAVEN TO BE A FAMILY SUPPORT MAGISTRATE.

JUDICIARY. S. J. No. 59 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE WILLIAM E. STRADA, JR. OF STAMFORD TO BE A FAMILY SUPPORT REFEREE.

JUDICIARY. S. J. No. 60 RESOLUTION CONFIRMING THE NOMINATION OF PETER C. MLYNARCZYK OF HADDAM TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. S. J. No. 61 RESOLUTION CONFIRMING THE NOMINATION OF THOMAS. J. WELCH, ESQUIRE, OF SHELTON TO BE A JUDGE OF THE SUPERIOR COURT.

MATTERS RETURNED FROM COMMITTEE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

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

NO NEW FILES

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 3 (COMM) (File No. 466) AN ACT CONCERNING THE DONATION OF ORGANS AND BONE MARROW.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 364 (COMM) (File No. 668) AN ACT CONCERNING ACCESS TO LEGAL COUNSEL FOR INDIGENT INDIVIDUALS IN CERTAIN CIVIL MATTERS INVOLVING ALLEGATIONS OF ABUSE.

FINANCE, REVENUE AND BONDING. S. B. No. 501 (COMM) (File No. 403) AN ACT CONCERNING THE CONSTRUCTION OF TUNNELS FOR INTERSTATE ROUTES 84 AND 91 IN THE HARTFORD REGION.

FINANCE, REVENUE AND BONDING. S. B. No. 503 (COMM) (File No. 105) AN ACT PROVIDING FOR DISCOUNTED HUNTING, TRAPPING AND FISHING LICENSES FOR CERTAIN VETERANS.

JUDICIARY. Substitute for S. B. No. 901 (RAISED) (File No. 473) AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATION REGARDING ADOPTION OF A MODEL FOOD CODE. (As amended by Senate Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 917 (RAISED) (File No. 164) AN ACT CONCERNING DISCRIMINATORY PRACTICES AGAINST VETERANS, LEAVES OF ABSENCE FOR NATIONAL GUARD MEMBERS, REGISTRATION FOR CERTAIN MEDICAID PROGRAMS AND DISCLOSURE OF CERTAIN RECORDS TO FEDERAL MILITARY LAW ENFORCEMENT.

JUDICIARY. S. B. No. 974 (RAISED) (File No. 381) AN ACT REQUIRING THE STUDY OF ENERGY SOURCES. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for S. B. No. 1033 (RAISED) (File No. 572) AN ACT CONCERNING MUNICIPAL FORECLOSURE ACTIONS ON TAX LIENS AND LIENS ON BLIGHTED REAL ESTATE.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PASSED

The following favorable reports were taken from the table, read the third time, the report of the Committees accepted and the bills passed.

TRANSPORTATION. Substitute for S. B. No. 260 (COMM) (File No. 433) AN ACT CONCERNING AUTONOMOUS VEHICLES.

Senator Leone of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 6730) and moved adoption.

Remarking were Senators Boucher of the 26th, Linares of the 33rd, Frantz of the 36th and Hwang of the 28th.

On a voice vote, Senate Amendment Schedule “A” (LCO 6730) was adopted.

The following is the Amendment:

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

"Section 1. (NEW) (Effective from passage) (a) For the purposes of this section:

(1) "Fully autonomous vehicle" means a motor vehicle that is equipped with an automated driving system, designed to function without an operator and classified as level four or level five by SAE J3016;

(2) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific operational design domain;

(3) "Dynamic driving task" means the real-time operational and tactical functions required to operate a motor vehicle on highways, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints;

(4) "Operational design domain" means a description of the operating domains in which an automated driving system is designed to function, including, but not limited to, geographic, roadway, environmental and speed limitations;

(5) "SAE J3016" means the "Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles" published by SAE International in September 2016;

(6) "Operator" means the person seated in the driver's seat of a fully autonomous vehicle;

(7) "Autonomous vehicle tester" means an autonomous vehicle manufacturer, institution of higher education, fleet service provider or automotive equipment or technology provider;

(8) "Fleet service provider" means a person or entity that owns or leases a fully autonomous vehicle and operates such fully autonomous vehicle for commercial or public use;

(9) "Autonomous vehicle manufacturer" means: (A) A person or entity that builds or sells fully autonomous vehicles; (B) a person or entity that installs automated driving systems in motor vehicles that are not originally built as fully autonomous vehicles; or (C) a person or entity that develops automated driving systems in fully autonomous vehicles or motor vehicles that are not originally built as fully autonomous vehicles;

(10) "Secretary" means the Secretary of the Office of Policy and Management; and

(11) "Highway", "limited access highway" and "operator's license" have the same meanings as defined in section 14-1 of the general statutes.

(b) The Office of Policy and Management, in consultation with the Departments of Motor Vehicles, Transportation and Emergency Services and Public Protection, shall establish a pilot program for not more than four municipalities to allow autonomous vehicle testers to test fully autonomous vehicles on the highways of such municipalities. Municipalities shall apply to the Secretary of the Office of Policy Management in the manner and form directed by the secretary for inclusion in the pilot program. The secretary shall select at least one municipality with a population of at least one hundred twenty thousand, but not more than one hundred twenty-four thousand, and one municipality with a population of at least one hundred thousand, as enumerated in the 2010 federal decennial census.

(c) The chief elected official or chief executive officer of a municipality selected by the secretary shall select and enter into a written agreement with an autonomous vehicle tester or autonomous vehicle testers to test fully autonomous vehicles on the highways of the municipality. Such agreement shall, at a minimum: (1) Specify the locations and routes where such fully autonomous vehicles may operate; (2) prohibit the operation of such fully autonomous vehicles outside such locations and routes except in the case of an emergency; (3) identify each fully autonomous vehicle to be tested by vehicle identification number, make, year and model; and (4) specify the hours of operation of such fully autonomous vehicles.

(d) An autonomous vehicle tester shall not test a fully autonomous vehicle in a municipality unless:

(1) The operator is: (A) Seated in the driver's seat of the fully autonomous vehicle; (B) monitoring the operation of such fully autonomous vehicle; (C) capable of taking immediate manual control of such fully autonomous vehicle; (D) an employee, independent contractor or other person designated and trained by the autonomous vehicle tester concerning the capabilities and limitations of such fully autonomous vehicle; and (E) a holder of an operator's license;

(2) The autonomous vehicle tester: (A) Registers each fully autonomous vehicle to be tested with the Commissioner of Motor Vehicles pursuant to section 14-12 of the general statutes; and (B) submits to the commissioner, in a manner and form directed by the commissioner, proof of liability insurance, self-insurance or a surety bond of at least five million dollars for damages by reason of bodily injury, death or property damage caused by a fully autonomous vehicle; and

(3) The operator and autonomous vehicle tester: (A) Comply with any provision of the general statutes or any ordinance of a municipality concerning the operation of motor vehicles; (B) comply with standards established by the National Highway Traffic Safety Administration regarding fully autonomous vehicles; and (C) satisfy any other requirement as determined by the secretary, in consultation with the Commissioners of Motor Vehicles, Transportation and Emergency Services and Public Protection, as necessary to ensure the safe operation of such fully autonomous vehicle.

(e) No autonomous vehicle tester shall test a fully autonomous vehicle on any limited access highway.

(f) The secretary may immediately prohibit an operator or autonomous vehicle tester from testing a fully autonomous vehicle if the secretary, in consultation with the Commissioners of Motor Vehicles, Transportation and Emergency Services and Public Protection, determines that such testing poses a risk to public safety or that such operator or autonomous vehicle tester fails to comply with the provisions of this section or with the requirements of the pilot program.

(g) An autonomous vehicle tester that participates in the pilot program shall provide information to the secretary and the task force established pursuant to section 2 of this act that the secretary and task force deem to be appropriate for measuring the performance of the pilot program. The autonomous vehicle tester may withhold any commercially valuable, confidential or proprietary information.

(h) Not later than January 1, 2019, and annually thereafter, the secretary shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to transportation, in accordance with section 11-4a of the general statutes, concerning the implementation and progress of the pilot program.

Sec. 2. (Effective from passage) (a) There is established a task force to study fully autonomous vehicles. Such study shall include, but need not be limited to, (1) an evaluation of the standards established by the National Highway Traffic Safety Administration regarding state responsibilities for regulating fully autonomous vehicles, (2) an evaluation of laws, legislation and regulations proposed or enacted by other states to regulate fully autonomous vehicles, (3) recommendations on how the state should regulate fully autonomous vehicles through legislation and regulation, and (4) an evaluation of the pilot program established pursuant to section 1 of this act.

(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) One appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to transportation;

(8) One appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to transportation;

(9) One appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to transportation;

(10) Two appointed by the Governor, one of whom has expertise in autonomous vehicles and one of whom has expertise in insurance;

(11) The Secretary of the Office of Policy and Management, or the secretary's designee;

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

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

(14) The Commissioner of Emergency Services and Public Protection, or the commissioner's designee.

(c) Any member of the task force appointed under subdivisions (1) to (10), inclusive, of 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) The task force shall submit, in accordance with section 11-4a of the general statutes, the following reports regarding its findings and any recommendations for proposed legislation to the joint standing committee of the General Assembly having cognizance of matters relating to transportation: (1) An interim report not later than January 1, 2018; (2) an interim report not later than July 1, 2018; and (3) a final report not later than January 1, 2019. The task force shall terminate on the date that it submits the final report or January 1, 2019, whichever is later. "

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

Section 1

from passage

New section

Sec. 2

from passage

New section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 7: 17 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 6730) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

VETERANS' AFFAIRS. Substitute for S. B. No. 865 (RAISED) (File No. 107) AN ACT CONCERNING INCREASED ACCESS TO CERTAIN CLUBS UNDER THE LIQUOR CONTROL ACT.

Senator Linares of the 33rd explained the bill and moved passage.

Remarking were Senators Osten of the 19th, Winfield of the 10th, McLachlan of the 24th and Hwang of the 28th.

Senator Flexer of the 29th offered Senate Amendment Schedule “A” (LCO 7662) and moved adoption.

Remarking was Senator Martin of the 31st.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 02 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 18

Those voting Nay 18

Those absent and not voting 0

The President announced she would vote Yea. On the roll call vote, Senate Amendment Schedule “A” (LCO 7662) was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

   

N

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

   

N

13

LEN SUZIO

   

N

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

   

N

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

   

N

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

The following is the Amendment:

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

"Section 1. Section 22a-244 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) (1) Every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage [containers] container sold or offered for sale (A) for consumption on an interstate passenger carrier, or (B) for on-premise consumption at any club that holds a permit under the provisions of chapter 545, as described in section 30-24b, which club is affiliated with a nationally chartered veterans' service organization, shall have a refund value. Such refund value shall not be less than five cents and shall be a uniform amount throughout the distribution process in this state. (2) Every beverage container containing a noncarbonated beverage sold or offered for sale in this state shall have a refund value, except for any such beverage [containers] container containing a noncarbonated beverage that [are] is (A) sold or offered for sale for consumption on an interstate passenger carrier, or (B) [that comprise] comprised of any dealer's existing inventory as of March 31, 2009. Such refund value shall not be less than five cents and shall be a uniform amount throughout the distribution process in this state.

(b) Every beverage container sold or offered for sale in this state, that has a refund value pursuant to subsection (a) of this section, shall clearly indicate by embossing or by a stamp or by a label or other method securely affixed to the beverage container (1) either the refund value of the container or the words "return for deposit" or "return for refund" or other words as approved by the Department of Energy and Environmental Protection, and (2) either the word "Connecticut" or the abbreviation "Ct. ", provided this subdivision shall not apply to glass beverage containers permanently marked or embossed with a brand name.

(c) No person shall sell or offer for sale in this state any metal beverage container (1) a part of which is designed to be detached in order to open such container, or (2) that is connected to another beverage container by a device constructed of a material which does not decompose by photodegradation, chemical degradation or biodegradation within a reasonable time after exposure to the elements. "

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

Section 1

July 1, 2017

22a-244

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 8: 05 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 18

Those voting Nay 18

Those absent and not voting 0

The President announced she would vote Yea. On the roll call vote, the bill passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

   

N

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

   

N

13

LEN SUZIO

   

N

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

   

N

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

   

N

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

JUDICIARY. Substitute for S. B. No. 884 (RAISED) (File No. 647) AN ACT ADOPTING THE CONNECTICUT UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT AND REVISING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.

Senator Doyle of the 9th explained the bill, offered Senate Amendment Schedule “A” (LCO 7164) and moved adoption.

Remarking were Senators Kissel of the 7th and Kelly of the 21st.

On a voice vote, Senate Amendment Schedule “A” (LCO 7164) was adopted.

The following is the Amendment:

Strike lines 93 and 94 in their entirety and insert the following in lieu thereof:

"has made, a report to an agency responsible for investigating allegations of abuse, neglect, exploitation or abandonment stating a"

Strike sections 11 and 12 in their entirety and substitute the following in lieu thereof:

"Sec. 11. Section 1-351 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) An agent under a power of attorney may perform the activities listed in this subsection on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority to perform such activities and exercise of the authority to perform such activities is not otherwise prohibited by another agreement or instrument to which the authority or property is subject such as a trust agreement:

(1) Create, amend, revoke, or terminate an inter vivos trust, provided, in the case of a trust established for a disabled person pursuant to 42 USC 1396p(d)(4)(A) or 42 USC 1396p(d)(4)(C), the creation of such trust by an agent shall be only as permitted by federal law;

(2) Make a gift;

(3) Create or change rights of survivorship;

(4) Create or change a beneficiary designation;

[(5) Delegate authority granted under the power of attorney; ]

[(6)] (5) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;

[(7)] (6) Exercise fiduciary powers that the principal has authority to delegate; [or]

[(8)] (7) Disclaim property, including a power of appointment;

(8) Exercise all powers the principal may have over any of the principal's digital device, digital asset, user account and electronically stored information, including any user account and digital asset that currently exists or may exist as technology develops, whether the same is in the principal's name or that the principal owns or lawfully uses jointly with any other individual; such powers include, but are not limited to, changing and circumventing the principal's username and password to gain access to such user accounts and information; transferring or withdrawing funds or other assets among or from such user accounts; and opening new user accounts in the principal's name, all as the agent determines is necessary or advisable. The principal may give the principal's lawful consent and authorizes the agent to access, manage, control, delete and terminate any electronically stored information and communications of the principal to the extent fully allowable under the federal Electronic Communications Privacy Act of 1986, 18 USC 2510 et seq. , as amended from time to time, the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, and any other federal, state or international privacy law or other law. The agent is authorized to take any actions the principal is authorized to take under all applicable terms of service, terms of use, licensing and other account agreements or laws. To the extent a specific reference to any federal, state, local or international law is required in order to give effect to the provisions of this subdivision, the principal may provide that the principal's intention is to so reference such law, whether such law is now in existence or comes into existence or is amended after the date of execution of the power of attorney; or

(9) With respect to any intellectual property interests of the principal, including, without limitation, copyrights, contracts for payments of royalties and trademarks, act in all ways with respect to such interests as if the agent were the owner thereof, including, without limitation, registering ownership, transferring ownership and recording documents to effectuate or memorialize such transfer, granting and revoking licenses, entering, terminating and enforcing agreements, defending ownership and conferring agency upon professionals to represent the principal's interests before governmental agencies, and in general, to exercise all powers with respect to the intellectual property that the principal could exercise if present.

(b) Notwithstanding a grant of authority to perform an act described in subsection (a) of this section, unless the power of attorney otherwise provides, an agent [that is not an ancestor, spouse or descendant of the principal] may not exercise authority under a power of attorney to create in the agent, or [in an individual to whom the agent owes a legal obligation of support] a dependent of the agent, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.

(c) Subject to the provisions set forth in subsections (a), (b), (d) and (e) of this section, if a power of attorney grants to an agent authority to perform all acts that a principal could perform, the agent has the general authority described in sections 1-351c to 1-351o, inclusive. Such general authority shall permit the agent to authorize another person to exercise the authority granted under the power of attorney.

(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 1-351p.

(e) Subject to the provisions set forth in subsections (a), (b) and (d) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.

Sec. 12. Subsection (a) of section 1-352 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) (1) [The use of either the following short form or long form in the creation of a power of attorney is authorized, and, when used, the short form or long form shall be construed in accordance with the provisions of sections 1-350 to 1-353b, inclusive. ] A document substantially in the form of either the short form, as set forth in subdivision (2) of this subsection, or the long form, as set forth in subdivision (3) of this subsection, may be used to create a statutory power of attorney that has the meaning and effect prescribed in sections 1-350 to 1-353b, inclusive. No provision of sections 1-350 to 1-353b, inclusive, shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned.

(2) "DURABLE STATUTORY POWER OF ATTORNEY - SHORT FORM

Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney or the agent may make application to a [court of probate] Probate Court for an accounting as provided in subsection [(b)] (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.

Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:

That I . . . . (insert name and address of the principal) do hereby appoint . . . . (insert name and address of the agent, or each agent, if more than one is designated) my agent(s) TO ACT . . . . .

If more than one agent is designated and the principal wishes each agent alone to be able to exercise the power conferred, insert in this blank the word 'severally'. Failure to make any insertion or the insertion of the word 'jointly' shall require the agents to act jointly.

First: In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Uniform Power of Attorney Act to the extent that I am permitted by law to act through an agent:

(Strike out and initial in the opposite box any one or more of the subparagraphs as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subparagraphs (A) to (M), inclusive, shall automatically constitute an elimination also of subparagraph (N). )

To strike out any subparagraph the principal must draw a line through the text of that subparagraph AND write his initials in the box opposite.

 

(A)

Real property;

( )

 

(B)

Tangible personal property;

( )

 

(C)

Stocks and bonds;

( )

 

(D)

Commodities and options;

( )

 

(E)

Banks and other financial institutions;

( )

 

(F)

Operation of entity or business;

( )

 

(G)

Insurance and annuities;

( )

 

(H)

Estates, trusts and other beneficial interests;

( )

 

(I)

Claims and litigation;

( )

 

(J)

Personal and family maintenance;

( )

 

(K)

Benefits from governmental programs or civil or military

( )

   

service;

 
 

(L)

Retirement plans;

( )

 

(M)

Taxes;

( )

 

(N)

All other matters;

( )

 

……………………………………………………………………………………. . .

 

………………………………………………………………………………………

 

………………………………………………………………………………………

 

………………………………………………………………………………………

(Special provisions and limitations may be included in the statutory form power of attorney only if they conform to the requirements of the Connecticut Uniform Power of Attorney Act. )

Second: LIMITATION ON AGENT'S AUTHORITY

[With full and unqualified authority to delegate any or all of the foregoing powers to any person or persons whom my agent(s) shall select. ] An agent MAY NOT use my property to benefit the agent or a dependent of the agent unless I have included that authority in any special instructions below.

Third: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.

Fourth: [LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the special instructions. ] With full and unqualified authority to exercise or delegate any or all of the foregoing powers granted under this power of attorney to any person or persons whom my agent(s) shall select.

Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

 

Name of Successor Agent: ____________________________

   
 

Successor Agent's Address: __________________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

 

Name of Second Successor Agent: ____________________________

   
 

Second Successor Agent's Address: ___________________________

Sixth: DESIGNATION OF CONSERVATOR OF ESTATE (OPTIONAL)

If a conservator of my estate should be appointed, I designate that …. be appointed to serve as conservator of my estate. If …. is unable to serve or cease to serve as conservator of my estate, I designate that …. be appointed to serve as conservator of my estate.

I direct that bond for the conservator of my estate, including any sureties thereon …. be required …. not be required.

Seventh: EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the special instructions.

The execution of this statutory short form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property.

In Witness Whereof I have hereunto signed my name and affixed my seal this . . . . day of . . . . , 20. . .

. . . . (Signature of Principal) (Seal)

   
 

. . . .

 

Witness

   
 

. . . .

 

Witness

 

STATE OF

}

 
   

ss:

 

COUNTY OF

 
       

On this the . . . . day of . . . . , 20. . , before me, (name of the principal), signer of the foregoing instrument, personally appeared, and acknowledged the execution of such instrument to be his/her free act and deed.

. . . .

Commissioner of the Superior Court

Notary Public

My commission expires: . . . . "

(3) "DURABLE STATUTORY POWER OF ATTORNEY - LONG FORM

Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney, [or] the agent or such other person or entities as authorized by statute may make application to a [court of probate] Probate Court for an accounting as provided in subsection [(b)] (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.

Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:

That I . . . . (insert name and address of the principal) do hereby appoint . . . . (insert name and address of the agent, or each agent, if more than one is designated) my agent(s) TO ACT . . . . .

If more than one agent is designated and the principal wishes each agent alone to be able to exercise the power conferred, insert in this blank the word 'severally'. Failure to make any insertion or the insertion of the word 'jointly' shall require the agents to act jointly.

First: In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Uniform Power of Attorney Act to the extent that I am permitted by law to act through an agent:

(Strike out and initial in the opposite box any one or more of the subparagraphs as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subparagraphs (A) to (M), inclusive, shall automatically constitute an elimination also of subparagraph (N). )

To strike out any subparagraph the principal must draw a line through the text of that subparagraph AND write his initials in the box opposite.

 

(A)

Real property;

( )

 

(B)

Tangible personal property;

( )

 

(C)

Stocks and bonds;

( )

 

(D)

Commodities and options;

( )

 

(E)

Banks and other financial institutions;

( )

 

(F)

Operation of entity or business;

( )

 

(G)

Insurance and annuities;

( )

 

(H)

Estates, trusts and other beneficial interests;

( )

 

(I)

Claims and litigation;

( )

 

(J)

Personal and family maintenance;

( )

 

(K)

Benefits from governmental programs or civil or

( )

   

military service;

 
 

(L)

Retirement plans;

( )

 

(M)

Taxes;

( )

 

(N)

All other matters;

( )

 

……………………………………………………………………………………. . .

 

………………………………………………………………………………………

 

………………………………………………………………………………………

 

………………………………………………………………………………………

(Special provisions and limitations may be included in the statutory form power of attorney only if they conform to the requirements of the Connecticut Uniform Power of Attorney Act. )

OPTIONAL ESTATE PLANNING POWERS

YOU SHOULD SEEK LEGAL ADVICE BEFORE INCLUDING THE FOLLOWING POWERS:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. )

My agent MAY NOT do any of the following specific acts UNLESS I HAVE INITIALED the specific authority listed below:

 

(O)

Create, amend, revoke or terminate an inter vivos trust,

( )

   

provided in the case of a trust established for a disabled

 
   

person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC

 
   

1396p (d)(4)(C), the creation of such trust by an agent

 
   

shall be only as permitted by federal law;

 
       
 

(P)

Make a gift, subject to the limitations of the Connecticut

( )

   

Uniform Power of Attorney Act and any special

 
   

instructions in this power of attorney. Unless otherwise

 
   

provided in the special instructions, gifts per recipient

 
   

may not exceed the annual dollar limits of the federal

 
   

gift tax exclusion under Internal Revenue Code Section

 
   

2503(b), or if the principal's spouse agrees to consent to a

 
   

split gift pursuant to Internal Revenue Code Section

 
   

2513, in an amount per recipient not to exceed twice the

 
   

annual federal gift tax exclusion limit. In addition, an

 
   

agent must determine that gifts are consistent with the

 
   

principal's objectives if actually known by the agent and,

 
   

if unknown, as the agent determines is consistent with

 
   

the principal's best interest based on all relevant factors;

 
       
 

(Q)

Create or change rights of survivorship;

( )

       
 

(R)

Create or change a beneficiary designation;

( )

       
 

[(S)

Authorize another person to exercise the authority

( )

   

granted under this power of attorney; ]

 
       
 

[(T)] (S)

Waive the principal's right to be a beneficiary of a joint

( )

   

and survivor annuity, including a survivor benefit under a retirement plan;

 
       
 

[(U)] (T)

Exercise fiduciary powers that the principal has authority

( )

   

to delegate;

 
       
 

[(V)] (U)

Disclaim or refuse an interest in property, including a

( )

   

power of appointment.

 
       
 

(V)

Exercise all powers I may have over any digital device,

( )

   

digital asset, user account and electronically stored

 
   

information, including any user account and digital

 
   

asset that currently exists or may exist as technology

 
   

develops, whether the same is in my own name or

 
   

that I own or lawfully use jointly with any other

 
   

individual; such powers include, but are not limited

 
   

to, changing and circumventing my username and

 
   

password to gain access to such user accounts and

 
   

information; transferring or withdrawing funds or

 
   

other digital assets among or from such user accounts;

 
   

opening new user accounts in my name; all as my

 
   

agent determines is necessary or advisable. I hereby

 
   

give my lawful consent and fully authorize my agent

 
   

to access, manage, control, delete and terminate any

 
   

electronically stored information and communications

 
   

of mine to the fullest extent allowable under the

 
   

federal Electronic Communications Privacy Act of

 
   

1986, 18 USC 2510 et seq. , as amended from time to

 
   

time, the Connecticut Revised Uniform Fiduciary

 
   

Access to Digital Assets Act and any other federal,

 
   

state or international privacy law or other law and to

 
   

take any actions I am authorized to take under all

 
   

applicable terms of service, terms of use, licensing and

 
   

other account agreements or laws. To the extent a

 
   

specific reference to any federal, state, local or

 
   

international law is required in order to give effect to

 
   

this provision, I specifically provide that my intention

 
   

is to so reference such law, whether such law is now

 
   

in existence or comes into existence or is amended

 
   

after the date of this document.

 
       
 

(W)

With respect to any intellectual property interests of

( )

   

mine, including, without limitation, copyrights,

 
   

contracts for payments of royalties and trademarks,

 
   

act in all ways with respect to such interests as if my

 
   

agent were the owner thereof, including, without

 
   

limitation, registering ownership, transferring

 
   

ownership and recording documents to effectuate or

 
   

memorialize such transfer, granting and revoking

 
   

licenses, entering, terminating and enforcing

 
   

agreements, defending ownership and conferring

 
   

agency upon professionals to represent my interests

 
   

before governmental agencies, and in general, to

 
   

exercise all powers with respect to the intellectual

 
   

property that I could exercise if present.

 

Second: LIMITATION ON AGENT'S AUTHORITY

An agent MAY NOT use my property to benefit the agent or a dependent of the agent, except to the extent that I have included such authority elsewhere in this document.

Third: With full and unqualified authority to exercise or delegate any or all of the foregoing powers granted under this power of attorney to any person or persons whom my agent(s) shall select.

[Third] Fourth: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.

[Fourth: LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the special instructions. ]

Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

 

Name of Successor Agent: ____________________________

   
 

Successor Agent's Address: __________________________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

 

Name of Second Successor Agent: ____________________________

   
 

Second Successor Agent's Address: ___________________________

Sixth: DESIGNATION OF CONSERVATOR OF ESTATE (OPTIONAL)

If a conservator of my estate should be appointed, I designate that …. be appointed to serve as conservator of my estate. If …. is unable to serve or cease to serve as conservator of my estate, I designate that …. be appointed to serve as conservator of my estate.

I direct that bond for the conservator of my estate, including any sureties thereon …. be required …. not be required.

[Sixth] Seventh: EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the special instructions.

The execution of this statutory long form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property.

In Witness Whereof I have hereunto signed my name and affixed my seal this . . . . day of . . . . , 20. . .

. . . . (Signature of Principal) (Seal)

   
 

. . . .

 

Witness

   
 

. . . .

 

Witness

 

STATE OF

}

 
   

ss:

 

COUNTY OF

 
       

On this the . . . . day of . . . . , 20. . , before me, (name of the principal), signer of the foregoing instrument, personally appeared, and acknowledged the execution of such instrument to be his/her free act and deed.

. . . .

Commissioner of the Superior Court

Notary Public

My commission expires: . . . . "

Sec. 13. Subsection (a) of section 45a-660 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) (1) A conserved person may, at any time, petition the [court of probate] Probate Court having jurisdiction for the termination of a conservatorship. A petition for termination of a conservatorship shall be determined by a preponderance of the evidence. The conserved person shall not be required to present medical evidence at such a hearing. A hearing on the petition shall be held not later than thirty days after the date the petition was filed in the [Court of Probate] Probate Court, unless the hearing is continued for good cause. If such hearing is not held within such thirty-day period or continuance period, if applicable, the conservatorship shall terminate. If the [court of probate] Probate Court having jurisdiction finds a conserved person to be capable of caring for himself or herself, the court shall, upon hearing and after notice, order that the conservatorship of the person be terminated. If the court finds upon hearing and after notice which the court prescribes, that a conserved person is capable of managing his or her own affairs, the court shall order that the conservatorship of the estate be terminated and that the remaining portion of the conserved person's property be restored to the conserved person. [The] Unless the court determines that reinstatement is not in the best interests of the conserved person, the court [may] shall order the reinstatement of any authority of any agent under a power of attorney that was previously limited or suspended by the court because of the conservatorship. (2) If the court finds upon hearing and after notice which the court prescribes that a conserved person has no assets of any kind remaining except for that amount allowed by subsection (c) of section 17b-80, the court may order that the conservatorship of the estate be terminated. The court shall thereupon order distribution of the remaining assets to the conservator of the person or, if there is no conservator or the conservator declines or is unable to accept or the conservator is the Commissioner of Social Services, to some suitable person, to be determined by the court, to hold for the benefit of the conserved person, upon such conservator or person giving such probate bond, if any, as the court orders. (3) If any conserved person having a conservator dies, the conserved person's property other than property which has accrued from the sale of the conserved person's real property shall be delivered to the conserved person's executor or administrator. The unexpended proceeds of the conserved person's real property sold as aforesaid shall go into the hands of the executor or administrator, to be distributed as such real property would have been.

Sec. 14. Subsection (b) of section 45a-334g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 45a-334b to 45a-334s, inclusive. A custodian that is a financial institution, as defined in section 36a-41, may charge a fee that is set forth in such institution's deposit agreement with a customer. "

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

Sec. 11

July 1, 2017

1-351

Sec. 12

July 1, 2017

1-352(a)

Sec. 13

July 1, 2017

45a-660(a)

Sec. 14

July 1, 2017

45a-334g(b)

Remarking was Senator Kissel of the 7th.

The following is the result of the vote at 9: 05 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 7164) was passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

JUDICIARY. Substitute for S. B. No. 979 (RAISED) (File No. 674) AN ACT CONCERNING NOTIFICATION TO SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION OF RESTRAINING ORDERS, CIVIL PROTECTION ORDERS AND STANDING CRIMINAL PROTECTIVE ORDERS AFFECTING STUDENTS.

Senator Kissel of the 7th explained the bill and moved passage.

Remarking were Senators Formica of the 20th, Doyle of the 9th, Osten of the 19th and Slossberg of the 14th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 21 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote, the bill passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT DESIGNATED

BILL PASSED TEMPORARILY

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill passed temporarily.

JUDICIARY. Substitute for S. B. No. 1022 (RAISED) (File No. 697) AN ACT ESTABLISHING A PILOT PROGRAM TO PROVIDE ENHANCED COMMUNITY SERVICES TO THOSE IN THE CRIMINAL JUSTICE SYSTEM.

Senator Kissel of the 7th explained the bill and moved passage.

Remarking was Senator Fasano of the 34th.

Senator Doyle of the 9th offered Senate Amendment Schedule “A” (LCO 7667) and moved adoption.

Remarking were Senators Fasano of the 34th and Kissel of the 7th.

On the motion of Senator Duff of the 25th, the bill with Senate Amendment "A" (LCO 7667) designated was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

APPROPRIATIONS. S. B. No. 929 (RAISED) (File No. 673) AN ACT EXTENDING WHISTLE-BLOWER PROTECTIONS TO CERTAIN EMPLOYEES.

Senator Doyle of the 9th explained the bill and moved passage.

Remarking was Senator Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 48 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 30

Those voting Nay 6

Those absent and not voting 0

On the roll call vote, the bill passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT PREVIOUSLY DESIGNATED

BILL PREVIOUSLY MARKED PASSED TEMPORARILY

SENATE AMENDMENT WITHDRAWN

BILL PASSED

The following favorable report was taken from the table, read the third time, the report of the Committee accepted, the Senate Amendment previously designated withdrawn and the bill passed.

JUDICIARY. Substitute for S. B. No. 1022 (RAISED) (File No. 697) AN ACT ESTABLISHING A PILOT PROGRAM TO PROVIDE ENHANCED COMMUNITY SERVICES TO THOSE IN THE CRIMINAL JUSTICE SYSTEM.

On the motion of Senator Duff of the 25th, Senate Amendment Schedule “A” (LCO 7667) which was designated earlier today was withdrawn.

Remarking was Senator Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 53 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote, the bill passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

APPROPRIATIONS. Substitute for S. B. No. 957 (RAISED) (File No. 310) AN ACT CONCERNING THE REGULATION OF GAMING AND THE AUTHORIZATION OF A CASINO GAMING FACILITY IN THE STATE.

Senator Larson of the 3rd explained the bill and offered Senate Amendment Schedule “A” (LCO 7686) and moved adoption.

Remarking were Senators Kissel of the 7th, Osten of the 19th, Somers of the 18th and Hwang of the 28th.

SENATOR OSTEN IN THE CHAIR

Remarking were Senators Fonfara of the 1st, McCrory of the 2nd, Cassano of the 4th, Gomes of the 23rd, Formica of the 20th, McLachlan of the 24th and Suzio of the 13th.

THE PRESIDENT IN THE CHAIR

The chair ordered the vote be taken by roll call

The following is the result of the vote at 12: 15 a. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 24

Those voting Nay 12

Those absent and not voting 0

On the roll call vote, Senate Amendment Schedule “A” (LCO 7686) was adopted.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

   

N

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

   

N

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

   

N

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

The following is the Amendment:

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

"Section 1. Section 12-557b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in this chapter, sections 12-579 and 12-580, [and] chapter 226b, sections 2 to 6, inclusive, of this act, and section 53-278g, as amended by this act, unless the context otherwise requires:

(1) "Commissioner" means the Commissioner of Consumer Protection;

(2) "Department" means the Department of Consumer Protection;

(3) "Business organization" means a partnership, incorporated or unincorporated association, firm, corporation, trust or other form of business or legal entity, other than a financial institution regulated by a state or federal agency which is not exercising control over an association licensee, [; and] but does not mean a governmental or sovereign entity;

(4) "Control" means the power to exercise authority over or direct the management and policies of a person or business organization; [. ]

(5) "Casino gaming facility" means any casino gaming facility authorized by any provision of the general statutes or a public or special act to conduct authorized games on its premises, but does not include any casino gaming facility located on Indian lands pursuant to the Indian Gaming Regulatory Act, P. L. 100-497, 25 USC 2701 et seq. ;

(6) "Authorized game" means any game of chance specifically authorized to be conducted at a casino gaming facility by any provision of the general statutes or a public or special act; and

(7) "Gross gaming revenue" means the total of all sums actually received by a casino gaming facility from gaming operations less the total of all sums paid as winnings to patrons of the casino gaming facility, provided the total of all sums paid as winnings to such patrons shall not include the cash equivalent value of any merchandise or thing of value included in a jackpot or payout, and provided further the issuance to or wagering by such patrons of any promotional gaming credit shall not be included in the total of all sums actually received by a casino gaming facility for the purposes of determining gross gaming revenue.

Sec. 2. (NEW) (Effective from passage) (a) Not later than twelve months after the date any authorization of a casino gaming facility by any provision of the general statutes or a public or special act is effective, the commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, for the administration of casino gaming facilities. Such regulations shall include provisions to protect the public interest in the integrity of gaming operations and reduce the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming. Such regulations shall include, but need not be limited to:

(1) Minimum accounting standards for a casino gaming facility;

(2) Minimum security procedures including the video monitoring of casino gaming facilities;

(3) Approved hours of operation for gaming and nongaming activities at casino gaming facilities;

(4) Procedures governing the manufacture, sale, lease and distribution of gaming devices and equipment for use in casino gaming facilities;

(5) Procedures for the recovery of winnings by patrons of casino gaming facilities;

(6) Procedures governing how gross gaming revenue is calculated and reported by a casino gaming facility;

(7) Requirements for regular auditing of the financial statements of a casino gaming facility;

(8) Procedures to be followed by any casino gaming facility for cash transactions;

(9) Procedures regarding the maintenance of lists of persons banned from any casino gaming facility and security measures to enforce such bans;

(10) Standards for the provision of complimentary goods and services to casino gaming facility patrons;

(11) Minimum standards of training for persons employed in a casino gaming facility;

(12) Procedures governing the submission of standards of operation and management of gaming operations by casino gaming facilities to the commissioner; and

(13) Requirements for information and reports from casino gaming facilities to enable effective auditing of casino gaming operations.

(b) Until such regulations are adopted and in effect, a casino gaming facility may operate pursuant to its standards of operation and management, provided such standards are approved by the commissioner pursuant to section 3 of this act.

Sec. 3. (NEW) (Effective from passage) (a) Each casino gaming facility shall submit to the commissioner a description of its standards of operation and management of all gaming operations. The description shall include: (1) Accounting controls to be used in casino gaming operations; (2) job descriptions for all positions involved in casino gaming operations; (3) procedures for the security of chips, cash and other cash equivalents used in authorized games; (4) procedures for the safety and security of patrons of the casino gaming facility; (5) procedures and rules governing the conduct of any authorized games conducted at the casino gaming facility; (6) a certification by the attorney of the casino gaming facility that the submitted standards of operation and management conform to state law and regulations governing casino gaming operations; (7) a certification by the chief financial officer of the casino gaming facility or an independent auditor that the submitted standards of operation and management provide adequate and effective controls, establish a consistent overall system of procedures and administrative and accounting controls and conform to generally accepted accounting principles; and (8) any other standards required by the commissioner.

(b) The commissioner shall approve or reject a submission of standards of operation and management required under subsection (a) of this section not later than sixty days after the date on which the commissioner received such standards. If the commissioner fails to approve or reject a submission of standards of operation and management not later than sixty days after the date on which the commissioner received such standards of operation and management, such standards of operation and management shall be deemed approved. No casino gaming facility may commence casino gaming operations unless such standards of operation and management are approved by the commissioner or deemed approved.

(c) No casino gaming facility shall revise any standards of operation and management that have been approved by the commissioner or deemed approved pursuant to subsection (b) of this section unless the revision has been approved by the commissioner. If the commissioner fails to approve or reject a submitted revision not later than sixty days after the date on which the commissioner received such revision, such revision shall be deemed approved.

(d) A casino gaming facility aggrieved by an action of the commissioner under the provisions of this section may request a hearing before the commissioner. The commissioner shall hold such hearing in accordance with the provisions of chapter 54 of the general statutes.

(e) The commissioner shall periodically review a casino gaming facility's compliance with state law and regulations governing casino gaming facilities.

Sec. 4. (NEW) (Effective from passage) (a) No person may commence or continue employment on the gaming floor or in a gaming-related position in a casino gaming facility unless such person holds a gaming employee license issued by the commissioner pursuant to this section.

(b) No person or business organization may provide more than twenty-five thousand dollars of nongaming goods or services per year in a casino gaming facility unless such person or business organization holds a nongaming vendor license issued by the commissioner pursuant to this section.

(c) No person or business organization may provide gaming services or gaming equipment to a casino gaming facility unless such person or business organization holds a gaming services license issued by the commissioner pursuant to this section.

(d) No business organization, other than a shareholder in a publicly traded corporation, may exercise control in or over a licensee licensed pursuant to this section unless such business organization holds a gaming affiliate license issued by the commissioner pursuant to this section.

(e) Each applicant for a license issued pursuant to this section shall submit a completed application on forms prescribed by the commissioner. Such application forms may require the applicant to submit information as to: (1) Financial standing and credit; (2) moral character; (3) criminal record, if any; (4) previous employment; (5) corporate, partnership or association affiliations; (6) ownership of personal assets; and (7) any other information as the commissioner deems pertinent to the issuance of such license.

(f) The commissioner shall, as soon as practicable after the receipt of a completed license application, grant or deny the license application. Any license issued by the commissioner pursuant to this section shall be effective for not more than one year from the date of issuance. Applications for renewal of any such license shall be on such form as prescribed by the commissioner. Any holder of a license issued pursuant to this section who submits an application to renew such license may continue to be employed by a casino gaming facility or provide services to a casino gaming facility until the commissioner denies such renewal application.

(g) The commissioner may issue a temporary license at the request of any person who has submitted an application for a license under this section. The commissioner shall require such applicant to submit to state and national criminal history records checks before receiving a temporary license. The criminal history records checks shall be conducted in accordance with section 29-17a of the general statutes. A temporary license shall expire when the commissioner grants or denies the pending application for a license under this section.

(h) The commissioner may investigate any person or business organization that holds a license pursuant to this section at any time and may suspend or revoke such license for good cause after a hearing held in accordance with the provisions of chapter 54 of the general statutes. Any person or business organization whose license is suspended or revoked, or any applicant aggrieved by the action of the commissioner concerning an application for a license or renewal application, may appeal pursuant to section 4-183 of the general statutes.

Sec. 5. (NEW) (Effective from passage) (a) For the purposes of this section, "alcoholic liquor" has the same meaning as provided in section 30-1 of the general statutes.

(b) Except as provided in subsection (c) of this section, no person under the minimum age for the purchase of alcoholic liquor under the provisions of chapter 545 of the general statutes shall be admitted onto the gaming floor of any casino gaming facility nor be permitted to participate in any authorized games.

(c) A person eighteen years of age or older but under the minimum age for the purchase of alcoholic liquor may be employed in a casino gaming facility, provided such person is licensed by the commissioner pursuant to section 4 of this act and such employment does not involve handling or serving alcoholic liquor.

Sec. 6. (NEW) (Effective from passage) (a) Commencing in any fiscal year that a casino gaming facility is authorized by any provision of the general statutes to conduct authorized games, and on or before September thirtieth in each fiscal year thereafter, the commissioner shall: (1) Estimate, after consultation with each casino gaming facility, the reasonable and necessary costs that will be incurred by the department in the next fiscal year to regulate casino gaming facilities under chapters 226 and 545 of the general statutes and sections 2 to 5, inclusive, of this act; and (2) assess each casino gaming facility its share of such estimated costs pro rata according to its annualized share of the gross gaming revenue of all casino gaming facilities in the prior fiscal year, if any. The estimated costs shall not exceed the estimate of expenditure requirements transmitted by the commissioner pursuant to section 4-77 of the general statutes. The assessment for any fiscal year shall be: (A) Reduced pro rata by the amount of any surplus from the assessment of the prior fiscal year, which shall be maintained in accordance with subsection (d) of this section, or (B) increased pro rata by the amount of any deficit from the assessment of the prior fiscal year.

(b) Each casino gaming facility shall pay to the commissioner the amount assessed to such casino gaming facility not later than the date specified by the commissioner for payment, provided such date is not less than thirty days from the date of such assessment. The commissioner shall remit to the Treasurer all funds received pursuant to this section.

(c) (1) There is established a fund to be known as the "State Gaming Regulatory Fund". The fund shall contain any moneys required or permitted to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding. Moneys in the fund shall be expended by the Treasurer for the purposes of paying the costs incurred by the department to regulate casino gaming facilities.

(2) The Treasurer shall deposit all funds received pursuant to subsection (b) of this section in the State Gaming Regulatory Fund.

(d) On or before September thirtieth, annually, the Comptroller shall calculate the actual reasonable and necessary costs incurred by the department to regulate casino gaming facilities during the prior fiscal year. The Treasurer shall set aside within the State Gaming Regulatory Fund amounts received in excess of such actual costs. Such excess amounts shall be considered a surplus for the purposes of subsection (a) of this section.

(e) Any casino gaming facility aggrieved by an assessment under the provisions of this section may request a hearing before the commissioner not later than thirty days after such assessment. The commissioner shall hold such hearing in accordance with the provisions of chapter 54 of the general statutes not later than thirty days after receiving such request.

Sec. 7. Section 12-561 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

No commissioner or unit head or employee of the department shall directly or indirectly, individually or as a member of a partnership or as a shareholder of a corporation, have any interest whatsoever in dealing in any lottery, racing, fronton, [or] betting enterprise or casino gaming facility or in the ownership or leasing of any property or premises used by or for any lottery, racing, fronton, [or] betting enterprise or casino gaming facility. No commissioner or unit head shall, directly or indirectly, wager at any off-track betting facility, race track or fronton authorized under this chapter, [or] purchase lottery tickets issued under this chapter or play, directly or indirectly, any authorized game conducted at a casino gaming facility. The commissioner may adopt regulations in accordance with the provisions of chapter 54 to prohibit any employee of the department from engaging, directly or indirectly, in any form of legalized gambling activity in which such employee is involved because of his or her employment with the department. For purposes of this section, "unit head" means a managerial employee with direct oversight of a legalized gambling activity.

Sec. 8. Subsection (a) of section 12-562 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as provided in subsection (b) of this section, the commissioner shall have power to enforce the provisions of this chapter and chapter 226b, and shall adopt all necessary regulations for that purpose and for carrying out, enforcing and preventing violation of any of the provisions of this chapter, for the inspection of licensed premises, [or] enterprises or casino gaming facilities, for insuring proper, safe and orderly conduct of licensed premises, [or] enterprises or casino gaming facilities and for protecting the public against fraud or overcharge. The commissioner shall have power generally to do whatever is reasonably necessary for the carrying out of the intent of this chapter; and may call upon other administrative departments of the state government and of municipal governments for such information and assistance as he or she deems necessary to the performance of his or her duties. The commissioner shall set racing and jai alai meeting dates, except that the commissioner may delegate to designated staff the authority for setting make-up performance dates. The commissioner shall, as far as practicable, avoid conflicts in the dates assigned for racing or the exhibition of the game of jai alai in the state.

Sec. 9. Section 12-563a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Consumer Protection shall, within available resources, prepare and distribute informational materials designed to inform the public of the programs available for the prevention, treatment and rehabilitation of compulsive gamblers in this state. The commissioner shall require any casino gaming facility and any person or business organization which is licensed to sell lottery tickets, operate an off-track betting system or conduct wagering on racing events or jai alai games, to display such informational materials at the casino gaming facility and each licensed premise, respectively.

Sec. 10. Section 12-577 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The commissioner shall annually cause to be made by some competent person or persons in the department a thorough audit of the books and records of each association licensee under this chapter and each casino gaming facility and the commissioner may, from time to time, cause to be made by some competent person in the department a thorough audit of the books and records of any other person or business organization licensed under this chapter. All such audit records shall be kept on file in the commissioner's office at all times. Each licensee and casino gaming facility shall permit access to its books and records for the purpose of having such audit made, and shall produce, upon written order of the commissioner, any documents and information required for such purpose.

Sec. 11. Section 12-578 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, governing registration and the issuance and annual renewal of licenses and payment of annual nonrefundable application fees for the same in accordance with the following schedule:

(1) Registration: (A) Stable name, one hundred dollars; (B) partnership name, one hundred dollars; (C) colors, twenty dollars; (D) kennel name, one hundred dollars.

(2) Licenses: (A) Owner, one hundred dollars; (B) trainer, one hundred dollars; (C) assistant trainer, one hundred dollars; (D) jockey, forty dollars; (E) jockey agent, for each jockey, one hundred dollars; (F) stable employees, including exercise boy, groom, stable foreman, hot walker, outrider, twenty dollars; (G) veterinarian, one hundred dollars; (H) jockey apprentice, forty dollars; (I) driver, one hundred dollars; (J) valet, twenty dollars; (K) blacksmith, twenty dollars; (L) plater, twenty dollars; (M) concessionaire, for each concession, two hundred fifty dollars; (N) concessionaire affiliate, for each concession of the concessionaire, two hundred fifty dollars; (O) concession employees, twenty dollars; (P) jai alai players, one hundred dollars; (Q) officials and supervisors, one hundred dollars; (R) pari-mutuel employees, forty dollars; (S) other personnel engaged in activities regulated under this chapter, twenty dollars; (T) vendor, for each contract, two hundred fifty dollars; (U) totalizator, for each contract, two hundred fifty dollars; (V) vendor and totalizator affiliates, for each contract of the vendor or totalizator, two hundred fifty dollars; (W) gaming employee, forty dollars; (X) nongaming vendor, two hundred fifty dollars; (Y) gaming services, five hundred dollars; and (Z) gaming affiliate, two hundred fifty dollars. For the purposes of this subdivision, "concessionaire affiliate" means a business organization, other than a shareholder in a publicly traded corporation, that may exercise control in or over a concessionaire; and "concessionaire" means any individual or business organization granted the right to operate an activity at a dog race track or off-track betting facility for the purpose of making a profit that receives or, in the exercise of reasonable business judgment, can be expected to receive more than twenty-five thousand dollars or twenty-five per cent of its gross annual receipts from such activity at such track or facility.

(b) The commissioner shall require each applicant for a license under subdivision (2) of subsection (a) of this section to submit to state and national criminal history records checks before such license is issued. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a.

Sec. 12. Section 53-278g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Nothing in sections 53-278a to [53-278g] 53-278f, inclusive, shall be construed to prohibit the publication of an advertisement of, or the operation of, or participation in, a state lottery, pari-mutuel betting at race tracks licensed by the state, off-track betting conducted by the state or a licensee authorized to operate the off-track betting system, authorized games at a casino gaming facility, a promotional drawing for a prize or prizes, conducted for advertising purposes by any person, firm or corporation other than a retail grocer or retail grocery chain, wherein members of the general public may participate without making any purchase or otherwise paying or risking credit, money, or any other tangible thing of value or a sweepstakes conducted pursuant to sections 42-295 to 42-301, inclusive.

(b) The Mashantucket Pequot tribe and the Mohegan Tribe of Indians of Connecticut, or their agents, may use and possess at any location within the state, solely for the purpose of training individuals in skills required for employment by the tribe or testing a gambling device, any gambling device which the tribes are authorized to utilize on their reservations pursuant to the federal Indian Gaming Regulatory Act; provided no money or other thing of value shall be paid to any person as a result of the operation of such gambling device in the course of such training or testing at locations outside of the reservation of the tribe. Any person receiving such training or testing such device may use any such device in the course of such training or testing. Whenever either of said tribes intends to use and possess at any location within the state any such gambling device for the purpose of testing such device, the tribe shall give prior notice of such testing to the Department of Consumer Protection.

(c) Any casino gaming facility, or its agents, may use and possess at any location within the state, solely for the purpose of training individuals in skills required for employment by the casino gaming facility or testing a gambling device, any gambling device which the casino gaming facility may use for conducting authorized games at the casino gaming facility, provided no money or other thing of value shall be paid to any person as a result of the operation of such gambling device in the course of such training or testing at locations outside of the casino gaming facility. Any person receiving such training or testing such device may use any such device in the course of such training or testing. Whenever a casino gaming facility intends to use and possess at any location within the state any such gambling device for the purpose of testing such device, the casino gambling facility shall give prior notice of such testing to the Department of Consumer Protection.

Sec. 13. Subsection (a) of section 30-37k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section and subsection (a) of section 30-91: (1) "Casino" means the premises within which a gaming facility is operated with other facilities, including, but not limited to, restaurants, hotels, nightclubs, bingo halls or convention centers; and (2) "gaming facility" means a room or rooms within which class III gaming, as defined in the Indian Gaming Regulatory Act, P. L. 100-497, 25 USC 2701, et seq. , or an authorized game, as defined in section 12-557b, as amended by this act, is legally conducted.

Sec. 14. (NEW) (Effective from passage) (a) For the purposes of this section and section 15 of this act:

(1) "Authorized games" means any game of chance, including, but not limited to, blackjack, poker, dice, money-wheels, roulette, baccarat, chuck-a-luck, pan game, over and under, horse race game, acey-deucy, beat the dealer, bouncing ball, video facsimile game and any other game of chance authorized by the Commissioner of Consumer Protection;

(2) "Mashantucket Pequot memorandum of understanding" means the memorandum of understanding entered into by and between the state and the Mashantucket Pequot Tribe on January 13, 1993, as amended on April 30, 1993;

(3) "Mashantucket Pequot procedures" means the Final Mashantucket Pequot Gaming Procedures prescribed by the Secretary of the United States Department of the Interior pursuant to Section 2710(d)(7)(B)(vii) of Title 25 of the United States Code and published in 56 Federal Register 24996 (May 31, 1991);

(4) "MMCT Venture, LLC" means a limited liability company described in subsection (d) of this section;

(5) "Mohegan compact" means the Tribal-State Compact entered into by and between the state and the Mohegan Tribe of Indians of Connecticut on May 17, 1994; and

(6) "Mohegan memorandum of understanding" means the memorandum of understanding entered into by and between the state and the Mohegan Tribe of Indians of Connecticut on May 17, 1994.

(b) MMCT Venture, LLC, is authorized to conduct authorized games at a casino gaming facility at 171 Bridge Street, East Windsor, Connecticut.

(c) Such authorization shall not be effective unless the following conditions have been met:

(1) (A) The Governor enters into amendments to the Mashantucket Pequot procedures and to the Mashantucket Pequot memorandum of understanding with the Mashantucket Pequot Tribe and amendments to the Mohegan compact and to the Mohegan memorandum of understanding with the Mohegan Tribe of Indians of Connecticut concerning the operation of a casino gaming facility in the state.

(B) The amendments to the Mashantucket Pequot procedures and the Mohegan compact shall include a provision that the authorization of MMCT Venture, LLC, to conduct authorized games in the state does not terminate the moratorium against the operation of video facsimile games by the Mashantucket Pequot Tribe and Mohegan Tribe of Indians of Connecticut on each tribe's reservation.

(C) The amendments to each tribe's memorandum of understanding shall include a provision that the authorization of MMCT Venture, LLC, to conduct authorized games in the state does not relieve each tribe from each tribe's obligation to contribute a percentage of the gross operating revenues of video facsimile games to the state as provided in each tribe's memorandum of understanding.

(2) The amendments to the Mashantucket Pequot procedures, the Mashantucket Pequot memorandum of understanding, the Mohegan compact and the Mohegan memorandum of understanding are approved or deemed approved by the Secretary of the United States Department of the Interior pursuant to the federal Indian Gaming Regulatory Act, P. L. 100-497, 25 USC 2701 et seq. , and its implementing regulations. If such approval is overturned by a court in a final judgment, which is not appealable, the authorization provided under this section shall cease to be effective.

(3) The amendments to the Mashantucket Pequot procedures and to the Mohegan compact are approved by the General Assembly pursuant to section 3-6c of the general statutes.

(4) The amendments to the Mashantucket Pequot memorandum of understanding and to the Mohegan memorandum of understanding are approved by the General Assembly pursuant to the process described in section 3-6c of the general statutes.

(5) The governing bodies of the Mashantucket Pequot Tribe and Mohegan Tribe of Indians of Connecticut enact resolutions providing: (A) That if MMCT Venture, LLC, fails to pay any fees or taxes due the state, the tribes, as the members of MMCT Venture, LLC, waive the possible defense of sovereign immunity with respect to any action or claim by the state against the tribes as the members of MMCT Venture, LLC, to the extent such action or claim is permitted to be brought against a member of a limited liability company under state law to collect any fees or taxes, while preserving any other defenses available to the tribes, and (B) that the venue for such action or claim shall be in the judicial district of Hartford.

(d) Such authorization shall apply to MMCT Venture, LLC, provided: (1) MMCT Venture, LLC, is a limited liability company jointly and exclusively owned by the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut; (2) no other person or business organization holds an equity interest in MMCT Venture, LLC; and (3) each tribe holds at least a twenty-five per cent equity interest in MMCT Venture, LLC. If MMCT Venture, LLC, ceases to be a limited liability company jointly and exclusively owned by the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians of Connecticut in which each tribe holds at least a twenty-five per cent equity interest, such authorization shall be void.

Sec. 15. (NEW) (Effective from passage) (a) For the purposes of this section, "gross gaming revenue" has the same meaning as provided in section 12-557b of the general statutes, as amended by this act.

(b) Not later than thirty days after the date the authorization of MMCT Venture, LLC, to conduct authorized games at a casino gaming facility is effective pursuant to section 14 of this act, MMCT Venture, LLC, shall pay to the state one million dollars for the initial costs to be incurred by the state to regulate the casino gaming facility. Such money shall be credited against unpaid required payments pursuant to subsection (c) of this section for the first full calendar year in which the casino gaming facility is conducting authorized games.

(c) Not later than thirty days after the date the casino gaming facility is operational and on a monthly basis thereafter while such casino gaming facility is operational, MMCT Venture, LLC, shall pay to the state: (1) Ten per cent of the gross gaming revenue from the operation of authorized games, except video facsimile games, which shall be deposited in the state-wide tourism marketing account, established pursuant to section 10-395a of the general statutes; (2) fifteen per cent of the gross gaming revenue from the operation of authorized games, except video facsimile games, which shall be deposited in the General Fund; and (3) twenty-five per cent of the gross gaming revenue from the operation of video facsimile games, which shall be deposited as follows: (A) Four million five hundred thousand dollars annually in the municipal gaming account, established pursuant to section 16 of this act, and (B) any remaining amounts in the General Fund.

(d) Not later than the date the casino gaming facility is operational and annually thereafter while such casino gaming facility is operational, MMCT Venture, LLC, shall contribute three hundred thousand dollars to the Connecticut Council on Problem Gambling.

Sec. 16. (NEW) (Effective from passage) (a) There is established an account to be known as the "municipal gaming account" which shall be a separate, nonlapsing account within the Mashantucket Pequot and Mohegan Fund established by section 3-55i of the general statutes. The account shall contain any moneys required by law to be deposited in the account. Moneys in the account shall be expended by the Office of Policy and Management for the purpose of providing annual grants pursuant to subsection (b) of this section.

(b) On and after the date the Secretary of the Office of Policy and Management finds that a minimum of four million five hundred thousand dollars has been deposited in the municipal gaming account pursuant to subsection (c) of section 15 of this act, the Office of Policy and Management shall provide an annual grant of seven hundred fifty thousand dollars to each of the following municipalities: Ellington, Enfield, South Windsor and Windsor Locks; and each of the following distressed municipalities: East Hartford and Hartford. The amount of the grant payable to each municipality during any fiscal year shall be reduced proportionately if the total of such grants exceeds the amount of funds available for such year.

Sec. 17. (Effective from passage) Notwithstanding any provision of the general statutes or any special act, charter or ordinance, the town of East Windsor may, by affirmative vote of a majority of the town's board of selectmen, enter into a written agreement with any party owning or proposing to acquire an interest in real property in the town, that fixes the assessment of (1) any such real property which is the subject of the agreement, and all improvements thereon or therein and to be constructed thereon or therein, and (2) all taxable personal property, whether owned or leased, to be located on such real property. Such agreement or any modification, renewal or extension thereof shall be for a period of not more than ten years. Such agreement may provide that the owner or lessee of such personal property is not required to submit a personal property declaration in the town during the period for which such agreement is in effect. The provisions of this section shall only apply if such real property, improvements and personal property are owned, leased or used in connection with a casino gaming facility, as defined in section 12-557b of the general statutes, as amended by this act. For the purposes of this section, "improvements" include the rehabilitation of any structure that exists on the effective date of this section and is rehabilitated for use by a casino gaming facility. "

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

Section 1

from passage

12-557b

Sec. 2

from passage

New section

Sec. 3

from passage

New section

Sec. 4

from passage

New section

Sec. 5

from passage

New section

Sec. 6

from passage

New section

Sec. 7

from passage

12-561

Sec. 8

from passage

12-562(a)

Sec. 9

from passage

12-563a

Sec. 10

from passage

12-577

Sec. 11

from passage

12-578

Sec. 12

from passage

53-278g

Sec. 13

from passage

30-37k(a)

Sec. 14

from passage

New section

Sec. 15

from passage

New section

Sec. 16

from passage

New section

Sec. 17

from passage

New section

Senator Hwang of the 28th offered Senate Amendment Schedule “B” (LCO 7707) and moved adoption.

Remarking were Senators Larson of the 3rd and Osten of the 19th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 22 a. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 14

Those voting Nay 22

Those absent and not voting 0

On the roll call vote, Senate Amendment Schedule “B” (LCO 7707) was rejected.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

   

N

19

CATHERINE A. OSTEN

   

N

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

   

N

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

   

N

4

STEVE CASSANO

   

N

22

MARILYN MOORE

   

N

5

BETH BYE

   

N

23

EDWIN A. GOMES

   

N

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

   

N

11

MARTIN M. LOONEY

   

N

29

MAE M. FLEXER

   

N

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

   

N

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

   

N

15

JOAN V. HARTLEY

   

N

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

   

N

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

   

N

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

The following is the Amendment:

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

"Sec. 501. (NEW) (Effective from passage) No state funds shall be appropriated or expended for the construction or financial support of a casino gaming facility. "

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

Sec. 501

from passage

New section

Senator Hwang of the 28th offered Senate Amendment Schedule “C” (LCO 7673) and moved adoption.

Remarking was Senators Larson of the 3rd.

Senator Hwang of the 28th withdrew Senate Amendment Schedule “C” (LCO 7673).

Remarking were Senators Duff of the 25th and Looney of the 11th.

The chair ordered the vote be taken by roll call on Senate Bill No. 957 as amended by Senate Amendment Schedule “A” (LCO 7686).

The following is the result of the vote at 12: 35 a. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 24

Those voting Nay 12

Those absent and not voting 0

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 7686) was passed.

The following is the roll call vote:

   

N

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

   

N

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

   

N

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

   

N

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

HUMAN SERVICES. Substitute for H. B. No. 7121 (RAISED) (File No. 429) AN ACT CONCERNING REVISIONS TO THE STATE'S SAFE HAVEN LAWS.

Senator Markley of the 16th explained the bill and moved passage.

Remarking were Senators Bye of the 5th, Moore of the 22nd and Osten of the 19th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 44 a. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote the bill passed, in concurrence with the House.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 12: 45 a. m. adjourned subject to the call of the chair.