JOURNAL OF THE SENATE

Thursday, May 25, 2017

The Senate was called to order at 12: 35 p. m. , the President in the Chair.

The prayer was offered by the Deputy Chaplain, Rabbi Philip Lazowski of Bloomfield, Connecticut.

The following is the prayer:

Our thoughts today is from Ecclesiastes 9: 17, “The quiet words of the wise are more to be heeded than the shouts of the ruler of fools.

Let us pray: Merciful God, shed Your bountiful blessings on this circle of Senators, that they may give careful thought to the proceedings of this day. Make them ever mindful of the awesome responsibility that is given to them to do their best for the people of Connecticut.

Grant humility in their hearts and wisdom in their minds to meet the challenges that face us.

Bless, preserve and keep our leaders in Your care. Hold our defenders of freedom in Your loving arms. Bless all the inhabitants of our state with Your goodness.

Hear us as we pray, and let us say, Amen.

PLEDGE

The 4th graders of Aiken Elementary School in West Hartford, Connecticut led the Senate in the Pledge of Allegiance.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE JOINT RESOLUTIONS

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

JUDICIARY. H. J. No. 119 RESOLUTION CONFIRMING THE NOMINATION OF MATTHEW D. GORDON, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 120 RESOLUTION CONFIRMING THE NOMINATION OF KIMBERLY A. KNOX, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 122 RESOLUTION CONFIRMING THE NOMINATION OF W. GLEN PIERSON, ESQUIRE, OF HAMDEN TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 123 RESOLUTION CONFIRMING THE NOMINATION OF ELIZABETH J. STEWART, ESQUIRE, OF HAMDEN TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H. J. No. 124 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE DAVID A. DEE OF AVON TO BE A FAMILY SUPPORT MAGISTRATE.

JUDICIARY. H. J. No. 125 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE MICHAEL L. FERGUSON OF MERIDEN TO BE A FAMILY SUPPORT MAGISTRATE.

JUDICIARY. H. J. No. 126 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE FREDERIC GILMAN OF EAST HAMPTON TO BE A FAMILY SUPPORT MAGISTRATE.

JUDICIARY. H. J. No. 127 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE NORMA I. SANCHEZ-FIGUEROA OF SOUTH WINDSOR TO BE A FAMILY SUPPORT MAGISTRATE.

JUDICIARY. H. J. No. 128 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE SANDRA SOSNOFF BAIRD OF NEW HAVEN TO BE A FAMILY SUPPORT REFEREE.

JUDICIARY. H. J. No. 129 RESOLUTION CONFIRMING THE NOMINATION OF BRENDA D. JANNOTTA OF SOUTHPORT TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. H. J. No. 130 RESOLUTION CONFIRMING THE NOMINATION OF CHARLES F. SENICH OF WOODBURY TO BE A WORKERS' COMPENSATION COMMISSIONER.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for H. J. No. 95 (COMM) (File Nos. 464 and 798) RESOLUTION PROPOSING A STATE CONSTITUTIONAL AMENDMENT TO PERMIT EARLY VOTING. (As amended by House Amendment Schedule "A").

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILLS

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

COMMITTEE ON CHILDREN. Substitute for H. B. No. 6297 (COMM) (File No. 119) AN ACT ESTABLISHING A TASK FORCE TO STUDY VOLUNTARY ADMISSIONS TO THE DEPARTMENT OF CHILDREN AND FAMILIES.

EDUCATION. Substitute for H. B. No. 7202 (RAISED) (File Nos. 550 and 797) AN ACT ESTABLISHING A DIVISION OF POSTSECONDARY EDUCATION PROGRAMS WITHIN THE TECHNICAL HIGH SCHOOL SYSTEM. (As amended by House Amendment Schedule "A").

ENVIRONMENT. H. B. No. 6123 (COMM) (File Nos. 43 and 792) AN ACT REQUIRING THE DEVELOPMENT OF VEGETATION AND TREE REMOVAL MANAGEMENT GUIDELINES BY THE DEPARTMENT OF TRANSPORTATION. (As amended by House Amendment Schedule "A").

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 6061 (COMM) (File No. 117) AN ACT WAIVING THE FEE FOR VETERANS WHO HAVE CERTAIN DRIVER'S LICENSES OR IDENTITY CARDS REISSUED PRIOR TO EXPIRATION.

HUMAN SERVICES. H. B. No. 7190 (RAISED) (File Nos. 331 and 794) AN ACT CONCERNING MEDICAID PROVIDER AUDITS AND ELECTRONIC VISIT VERIFICATION. (As amended by House Amendment Schedule "A").

HUMAN SERVICES. H. B. No. 7192 (RAISED) (File Nos. 333 and 795) AN ACT CONCERNING A PROTECTION AND ADVOCACY SYSTEM FOR PERSONS WITH DISABILITIES. (As amended by House Amendment Schedule "A").

LABOR AND PUBLIC EMPLOYEES. Substitute for H. B. No. 6668 (COMM) (File No. 222) AN ACT CONCERNING PREGNANT WOMEN IN THE WORKPLACE.

JUDICIARY. Substitute for H. B. No. 7195 (RAISED) (File No. 591) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TASK FORCE TO STUDY METHODS FOR IMPROVING THE COLLECTION OF PAST DUE CHILD SUPPORT.

JUDICIARY. Substitute for H. B. No. 7198 (RAISED) (File Nos. 653 and 796) AN ACT CONCERNING COURT OPERATIONS, VICTIM SERVICES, FRAUDULENT FILINGS AND TRANSFERS OF AN INTEREST IN REAL PROPERTY TO A TRUST. (As amended by House Amendment Schedule "A").

PUBLIC HEALTH. Substitute for H. B. No. 7118 (RAISED) (File Nos. 189 and 793) AN ACT CONCERNING BIOLOGICAL PRODUCTS. (As amended by House Amendment Schedule "B").

TRANSPORTATION. Substitute for H. B. No. 5682 (COMM) (File No. 421) AN ACT CONCERNING BUSINESSES THAT CONSTRUCT TRAILERS WITH A GROSS VEHICLE WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS.

SUSPENSION OF THE RULES

TO TAKE UP SINGLE AND NO STARRED ITEMS

Senator Duff of the 25th moved for suspension of the rules to take up single and no starred items on the calendar.

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.

ENERGY AND TECHNOLOGY. S. B. No. 271 (COMM) (File No. 469) AN ACT CONCERNING MANUFACTURING FACILITIES AND INTERRUPTIBLE NATURAL GAS SERVICE.

Senator Formica of the 20th explained the bill, offered Senate Amendment Schedule “A” (LCO 7548) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 7548) was adopted.

The following is the Amendment:

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

"Section 1. Section 16-19hh of the general statutes is amended by adding subsection (d) as follows (Effective from passage):

(NEW) (d) (1) As used in this subsection, "qualified manufacturer" means a manufacturer described in the North American Industry Classification System Codes 324000 to 325999, inclusive, and "qualified manufacturing facility" means a manufacturing facility owned by a qualified manufacturer that, during any calendar year beginning on or after January 1, 2016, used more than two million five hundred thousand centum cubic feet of natural gas.

(2) Each gas company shall propose, in its first application for an amendment of rates filed pursuant to section 16-19 on or after October 1, 2017, a rate for certain qualified manufacturers that are firm service gas customers of such gas company on October 1, 2017, and that do not qualify for interruptible gas sales or transportation service under such gas company's applicable interruptible service tariffs. No qualified manufacturing facility of a qualified manufacturer shall utilize such rate, as described in this subsection, unless (A) such qualified manufacturer petitions the authority for approval, and (B) the authority grants approval after determining that: (i) Participation of such qualified manufacturer in such rate is in the public interest; (ii) participation of such qualified manufacturer in such rate will provide economic benefits to the state; and (iii) utilization of such rate will not endanger the integrity of the gas distribution system of the gas company.

(3) The rate proposed and approved pursuant to subdivision (2) of this subsection shall allow for a rate equal to not less than seventy per cent of the delivery component in the gas company's firm gas service rate that it charges to large commercial or industrial customers.

(4) A gas company shall recover its revenues lost resulting from the provisions of this subsection through such gas company's decoupling mechanism pursuant to section 16-19tt or a monthly surcharge assessed to all of such gas company's gas firm customers.

(5) Each gas company shall file with the authority, as part of such gas company's annual decoupling filing pursuant to 16-19tt or in a separate proceeding, an annual revenue reconciliation of actual revenues to allowed revenues associated with the implementation of the rate in this subsection. "

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

Section 1

from passage

16-19hh

Remarking was Senator Duff of the 25th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 20 p. m. :

Total Number Voting 32

Necessary for Adoption 17

Those voting Yea 31

Those voting Nay 1

Those absent and not voting 4

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 7548) was passed.

The following is the roll call vote:

A

   

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

A

   

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

A

   

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

   

N

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

A

   

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

The following Senators abstained under Senate Rule 15:

Senator Kissel of the 7th District

Senator Witkos of the 8th District

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

BILLS PLACED ON CONSENT CALENDAR NO. 1

The following bill were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 1.

TRANSPORTATION. Substitute for S. B. No. 76 (COMM) (File No. 399) AN ACT CONCERNING THE POWER OF THE COMMISSIONER OF TRANSPORTATION TO CONDUCT A MILEAGE TAX STUDY WITH STATE FUNDS.

Senator Boucher of the 26th explained the bill and moved passage.

Remarking was Senator Suzio of the 13th.

Senator Duff of the 25th offered Senate Amendment Schedule “A” (LCO 7785) and moved adoption.

Remarking were Senators Boucher of the 26th, Leone of the 27th, Witkos of the 8th and Looney of the 11th.

On a voice vote, Senate Amendment Schedule “A” (LCO 7785) 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) The Department of Transportation shall not expend any state funds for any studies, plans, programs, materials or activities regarding a mileage-based user fee on motor vehicles operated on state highways, unless such expenditure is approved by the General Assembly in accordance with subsection (b) of this section.

(b) The department shall file a request for approval of the proposed expenditure with the clerks of the House of Representatives and the Senate. The General Assembly may approve the proposed expenditure by a majority vote of each house or may reject the proposed expenditure by a majority vote of either house. If the General Assembly is in session, it shall vote to approve or reject the proposed expenditure not later than thirty days after the department files the request for approval with the clerks. If the General Assembly is not in session when the request for approval is filed, it shall be submitted to the General Assembly not later than ten days after the first day of the next regular session or special session called for such purpose. The proposed expenditure shall be deemed rejected if the General Assembly fails to vote to approve or reject such proposed expenditure not later than thirty days after the department files the request for approval with the clerks. Such thirty-day period shall not begin or expire unless the General Assembly is in regular session. For the purposes of this subsection, any request for approval of a proposed expenditure filed with the clerks within thirty days before the commencement of a regular session of the General Assembly shall be deemed to be filed on the first day of such session. "

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

Section 1

from passage

New section

On the motion of Senator Duff of the 25th, the bill as amended by Senate Amendment Schedule “A” (LCO 7785) was placed on Consent Calendar No. 1.

PLANNING AND DEVELOPMENT. S. B. No. 975 (RAISED) (File No. 415) AN ACT CONCERNING MUNICIPALITIES AND UNMANNED AIRCRAFT.

Senator Cassano of the 4th explained the bill, offered Senate Amendment Schedule “A” (LCO 7355) and moved adoption.

Remarking was Senator Logan of the 17th.

On a voice vote, Senate Amendment Schedule “A” (LCO 7355) was adopted.

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

"Section 1. (NEW) (Effective from passage) (a) As used in this section, "commercial unmanned aircraft" means an aircraft operated remotely by a pilot in command holding a valid remote pilot certificate with a small unmanned aircraft systems rating issued by the Federal Aviation Administration.

(b) No municipality shall enact or enforce an ordinance or resolution that regulates the ownership, possession, purchase, sale, use, transportation or operation of any commercial unmanned aircraft or otherwise regulate the ownership, possession, purchase, sale, use, transportation or operation of such aircraft, except as otherwise authorized by state and federal law, and to the extent they do not conflict with policies and procedures adopted by the Connecticut Airport Authority. Notwithstanding the provisions of this section, any municipality that is also a water company, as defined in section 25-32a of the general statutes, may enact and enforce ordinances or resolutions that regulate or prohibit the use or operation of private and commercial unmanned aircraft over such municipality's public water supply and Class I or Class II land, as described in section 25-37c of the general statutes, provided such ordinances or resolutions do not conflict with federal law or policies and procedures adopted by the Connecticut Airport Authority. "

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

Section 1

from passage

New section

On the motion of Senator Cassano of the 4th, the bill as amended by Senate Amendment Schedule “A” (LCO 7355) was placed on Consent Calendar No. 1.

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.

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 945 (RAISED) (File No. 414) AN ACT CONCERNING THE SOUTH CENTRAL CONNECTICUT REGIONAL WATER AUTHORITY.

Senator Logan of the 17th explained the bill and moved passage.

Remarking was Senator Cassano of the 4th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 02 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 34

Those voting Nay 1

Those absent and not voting 1

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

   

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

 

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

A

   

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

RESOLUTIONS ADOPTED

The following favorable reports were taken from the table, read the third time, the reports of the Committee accepted and the resolutions adopted.

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

Senator Kissel of the 7th explained the resolution and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 11 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 31

Those voting Nay 5

Those absent and not voting 0

On the roll call vote, the resolution 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

   

N

22

MARILYN MOORE

 

Y

 

5

BETH BYE

   

N

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

   

N

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. 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.

Senator Doyle of the 9th explained the resolution and moved adoption.

Remarking were Senators Suzio of the 13th and Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 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 resolution was adopted.

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

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Duff of the 25th moved immediate transmittal to the House of all resolutions needing further action by the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 1

The following favorable reports were taken from the table, read the third time, the reports of the Committee accepted and the resolutions placed on Consent Calendar No. 1.

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

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1.

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.

Senator Kissel of the 7th explained the resolution and moved adoption.

Remarking was Senator Looney of the 11th.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1.

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

Remarking was Senator Looney of the 11th.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1.

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.

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1.

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

Senator Doyle of the 9th explained the resolution and moved adoption.

Remarking was Senator Kissel of the 7th.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1.

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

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1.

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

Senator Doyle of the 9th explained the resolution and moved adoption.

Remarking were Senators Miner of the 30th and Kissel of the 7th.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1.

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

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1.

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

Senator Doyle of the 9th explained the resolution and moved adoption.

Remarking was Senator Kissel of the 7th.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1.

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

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1.

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

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1.

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

Senator Doyle of the 9th explained the resolution and moved adoption.

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

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1.

H. J. No. 117 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE NINA F. ELGO OF WEST HARTFORD TO BE A JUDGE OF THE APPELLATE COURT AND A JUDGE OF THE SUPERIOR COURT.

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

H. J. No. 118 RESOLUTION CONFIRMING THE NOMINATION OF MATTHEW J. BUDZIK, ESQUIRE, OF SIMSBURY TO BE A JUDGE OF THE SUPERIOR COURT.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

H. J. No. 121 RESOLUTION CONFIRMING THE NOMINATION OF MARGARET M. MURPHY, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

SENATE AGENDA NO. 1

SUSPENSION OF THE RULES

BUSINESS FROM THE HOUSE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

RESOLUTION ADOPTED

JUDICIARY. H. J. No. 119 RESOLUTION CONFIRMING THE NOMINATION OF MATTHEW D. GORDON, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

Senator Kissel of the 7th explained the resolution and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 49 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote, the resolution was adopted, 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

   

N

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

SENATE AGENDA NO. 1

SUSPENSION OF THE RULES

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 1

JUDICIARY. H. J. No. 120 RESOLUTION CONFIRMING THE NOMINATION OF KIMBERLY A. KNOX, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 122 RESOLUTION CONFIRMING THE NOMINATION OF W. GLEN PIERSON, ESQUIRE, OF HAMDEN TO BE A JUDGE OF THE SUPERIOR COURT.

Senator Kissel of the 7th explained the resolution and moved adoption.

Remarking was Senator Looney of the 11th.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 123 RESOLUTION CONFIRMING THE NOMINATION OF ELIZABETH J. STEWART, ESQUIRE, OF HAMDEN TO BE A JUDGE OF THE SUPERIOR COURT.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 124 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE DAVID A. DEE OF AVON TO BE A FAMILY SUPPORT MAGISTRATE.

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 125 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE MICHAEL L. FERGUSON OF MERIDEN TO BE A FAMILY SUPPORT MAGISTRATE.

Senator Kissel of the 7th explained the resolution and moved adoption.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 126 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE FREDERIC GILMAN OF EAST HAMPTON TO BE A FAMILY SUPPORT MAGISTRATE.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 127 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE NORMA I. SANCHEZ-FIGUEROA OF SOUTH WINDSOR TO BE A FAMILY SUPPORT MAGISTRATE.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 128 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE SANDRA SOSNOFF BAIRD OF NEW HAVEN TO BE A FAMILY SUPPORT REFEREE.

Senator Doyle of the 9th explained the resolution and moved adoption.

Remarking was Senator Looney of the 11th.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 129 RESOLUTION CONFIRMING THE NOMINATION OF BRENDA D. JANNOTTA OF SOUTHPORT TO BE A WORKERS' COMPENSATION COMMISSIONER.

Senator Doyle of the 9th explained the resolution and moved adoption.

On the motion of Senator Doyle of the 9th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

JUDICIARY. H. J. No. 130 RESOLUTION CONFIRMING THE NOMINATION OF CHARLES F. SENICH OF WOODBURY TO BE A WORKERS' COMPENSATION COMMISSIONER.

Senator Kissel of the 7th explained the resolution and moved adoption.

Remarking was Senator Berthel of the 32nd.

On the motion of Senator Kissel of the 7th, the resolution was placed on Consent Calendar No. 1, in concurrence with the House.

CONSENT CALENDAR NO. 1

ADOPTED

The chair ordered the vote on business placed on Consent Calendar No. 1 be taken by roll call.

The following is the result of the vote at 3: 13 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, Consent Calendar No. 1 was adopted.

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

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Duff of the 25th moved immediate transmittal to the House of all resolutions needing further action by the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE SENATE COMMITTEE

RESOLUTION PLACED ON CONSENT CALENDAR NO. 2

The following favorable report was taken from the table, read the third time, the report of the Senate Committee accepted and the resolution placed on Consent Calendar No. 2.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. R. No. 13 RESOLUTION CONFIRMING THE NOMINATION OF MICHELLE SEAGULL OF GLASTONBURY TO BE COMMISSIONER OF CONSUMER PROTECTION.

Senator Duff of the 25th explained the resolution and moved adoption.

Remarking was Senator Witkos of the 8th.

On the motion of Senator Duff of the 25th, the resolution was placed on Consent Calendar No. 2.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

RESOLUTION ADOPTED

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

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 112 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE ELIZABETH A. BOZZUTO OF WATERTOWN TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL AS A SUPERIOR COURT JUDGE.

Senator Duff of the 25th explained the resolution and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 25 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 35

Those voting Nay 1

Those absent and not voting 0

On the roll call vote the resolution was adopted, 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

   

N

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 SENATE COMMITTEE

RESOLUTION PLACED ON CONSENT CALENDAR NO. 2

The following favorable report was taken from the table, read the third time, the report of the Senate Committee accepted and the resolution placed on Consent Calendar No. 2.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. R. No. 14 RESOLUTION CONFIRMING THE NOMINATION OF DAVID WILKINSON OF HARTFORD TO BE COMMISSIONER OF EARLY CHILDHOOD.

Senator Duff of the 25th explained the resolution and moved adoption.

On the motion of Senator Duff of the 25th, the resolution was placed on Consent Calendar No. 2.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 2

The following favorable reports were taken from the table, read the third time, the reports of the Committee accepted and the resolutions placed on Consent Calendar No. 2.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 113 RESOLUTION CONFIRMING THE NOMINATION OF ERIC J. GEORGE OF GLASTONBURY TO BE A MEMBER OF THE CRIMINAL JUSTICE COMMISSION.

Senator Duff of the 25th explained the resolution and moved adoption.

On the motion of Senator Duff of the 25th, the resolution was placed on Consent Calendar No. 2, in concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 115 RESOLUTION CONFIRMING THE NOMINATION OF ERICK A. RUSSELL OF NEW HAVEN TO BE A MEMBER OF THE CRIMINAL JUSTICE COMMISSION.

Senator Duff of the 25th explained the resolution and moved adoption.

On the motion of Senator Duff of the 25th, the resolution was placed on Consent Calendar No. 2, in concurrence with the House.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 116 RESOLUTION CONFIRMING THE NOMINATION OF NICHOLAS KAPOOR OF MONROE TO BE A MEMBER OF THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.

Senator Duff of the 25th explained the resolution and moved adoption.

On the motion of Senator Duff of the 25th, the resolution was placed on Consent Calendar No. 2, in concurrence with the House.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

RESOLUTION ADOPTED

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

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 114 RESOLUTION CONFIRMING THE NOMINATION OF MICHELE C. MOUNT, ESQUIRE OF MONROE TO BE A HUMAN RIGHTS REFEREE.

Senator Duff of the 25th explained the resolution and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3: 37 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 resolution was adopted, 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

   

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

SENATOR HARTLEY IN THE CHAIR

CONSENT CALENDAR NO. 2

ADOPTED

The chair ordered the vote on business placed on Consent Calendar No. 2 be taken by roll call.

The following is the result of the vote at 3: 52 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, Consent Calendar No. 2 was adopted.

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

RECESS

On the motion of Senator Duff of the 25th, the Senate at 3: 53 p. m. recessed.

AFTER RECESS

The Senate reconvened at 9: 37 p. m. , the President in the Chair.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 3

On the motion of Senator Duff of the 25th, the following bills which were starred for action were placed on Consent Calendar No. 3, in accordance with Senate Rule 31.

HUMAN SERVICES. Substitute for H. B. No. 7237 (RAISED) (File No. 335) AN ACT CONCERNING AN ADVISORY BOARD FOR PERSONS WHO ARE DEAF OR HARD OF HEARING. In concurrence with the House.

JUDICIARY. H. B. No. 6002 (COMM) (File No. 632) AN ACT CONCERNING "SEXTING" BY A CHILD. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 7037 (RAISED) (File No. 73) AN ACT CONCERNING WITHHOLDING WORKERS' COMPENSATION INCOME FOR CHILD SUPPORT. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 7015 (RAISED) (File No. 126) AN ACT CONCERNING DEBIT CARD FRAUD AND PENALTIES FOR COLLECTION OF RENTAL PAYMENTS ON FORECLOSED PROPERTY. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 7299 (RAISED) (File Nos. 692 and 759) AN ACT CONCERNING STRENGTHENING LAWS CONCERNING DOMESTIC VIOLENCE. (As amended by House Amendment Schedule "A"). In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 7309 (RAISED) (File Nos. 694 and 781) AN ACT CONCERNING HUMAN TRAFFICKING. (As amended by House Amendment Schedule "A"). In concurrence with the House.

EDUCATION. H. B. No. 7159 (RAISED) (File No. 233) AN ACT CONCERNING CONNECTICUT'S SEAL OF BILITERACY. In concurrence with the House.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR NO. 3

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on Consent Calendar No. 3.

APPROPRIATIONS. Substitute for S. B. No. 246 (COMM) (File Nos. 604 and 774) AN ACT CONCERNING A STATE-WIDE WAITING LIST FOR RESIDENTIAL PLACEMENT FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 7660) and moved adoption.

Remarking were Senators Somers of the 18th, Fasano of the 34th and Looney of the 11th.

On a voice vote, Senate Amendment Schedule “A” (LCO 7660) was adopted.

The following is the Amendment:

In line 80, strike "regional advisory councils, established pursuant"

In line 81, strike "to section 17a-30," and insert the following in lieu thereof: "advisory and planning councils, appointed pursuant to section 17a-273,"

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

"Sec. 501. (NEW) (Effective from passage) The Commissioner of Developmental Services may, in collaboration with the Secretary of the Office of Policy and Management and the Commissioner of Social Services, organize and participate in an Intellectual Disability Partnership. The partnership shall include broad and diverse representation from families, providers and advocates for persons with intellectual disability. Family representatives shall include family members of individuals with a broad range of intellectual disability and needs, including individuals with high-level needs. Notice of the partnership's meetings, agendas and minutes shall be posted on the Department of Developmental Services' Internet web site. "

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

Sec. 501

from passage

New section

On the motion of Senator Gerratana of the 6th, the bill as amended by Senate Amendment Schedule “A” (LCO 7660) was placed on Consent Calendar No. 3.

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.

PUBLIC HEALTH. S. B. No. 126 (COMM) (File No. 141) AN ACT CONCERNING COMMUNITY HEALTH WORKERS.

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 6222) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 6222) was adopted.

The following is the Amendment:

In line 13, after "research" insert "related to social determinants of health"

In line 14, after "assessments" insert "of any risks associated with social determinants of health"

Strike lines 15 to 23, inclusive, in their entirety and insert the following in lieu thereof:

"(b) The director of the state innovation model initiative program management office shall, within available resources and in consultation with the Community Health Worker Advisory Committee established by such office and the Commissioner of Public Health, study the feasibility of creating a certification program for community health workers. Such study shall examine the fiscal impact of implementing such a certification program and include recommendations for (1) requirements for certification and renewal of certification of community health workers, including any training, experience or continuing education requirements, (2) methods for administering a certification program, including a certification application, a standardized assessment of experience, knowledge and skills, and an electronic registry, and (3) requirements for recognizing training program curricula that are sufficient to satisfy the requirements of certification.

(c) Not later than October 1, 2018, the director of the state innovation model initiative program management office shall report, in accordance with the provisions of section 11-4a of the general statutes, on the results of such study and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to public health and human services. "

Remarking were Senators Boucher of the 26th and Moore of the 22nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 13 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 as amended by Senate Amendment Schedule “A” (LCO 6222) was 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

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 3

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 3.

PLANNING AND DEVELOPMENT. S. B. No. 1038 (RAISED) (File No. 542) AN ACT AMENDING THE CHARTER OF THE OLD COLONY BEACH CLUB ASSOCIATION IN OLD LYME.

Senator Logan of the 17th explained the bill, offered Senate Amendment Schedule “A” (LCO 7425) and moved adoption.

Remarking was Senator Formica of the 20th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 20 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, Senate Amendment Schedule “A” (LCO 7425) was adopted.

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

The following is the Amendment:

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

"Section 1. Section 2 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):

The limits and territory of said association are defined and established as follows: Northerly by the state highway known as route number 156; southerly by Long Island sound; easterly by the development known as "Old Lyme Shores" and westerly by the line drawn from the north to the south boundaries along the west boundary of land with frontage on the west side of Sound View avenue. The limits and territory of said association may be extended at any time so as to include any land in the town of Old Lyme adjacent to that above described, upon written application of the owner or owners of such other land, in an instrument describing the same and the terms of such proposed annexation, provided such application shall be accepted by a two-thirds vote of all the members [present or represented at any annual or special meeting] of said association. If such application shall be thus accepted, it shall be inscribed upon the records of said association and recorded in the land records of the town of Old Lyme, and thereupon such other land shall be incorporated within the limits and territory of said association and the owner or owners of such other land, while they are owners thereof, shall be a part of said body politic and corporate.

Sec. 2. Section 3 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):

The [objects] objectives of said association shall be to provide for the improvement of the lands in said territory and for the health, comfort and protection and convenience of the inhabitants thereof.

Sec. 3. Section 5 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):

The first meeting of the members of said association shall be held on the fourth Saturday in June, 1935, at such time and place within the limits of said association as the committee hereinafter named shall designate in the warning of such meeting, for the purpose of electing a board of governors. At said first meeting there shall be elected three members of the board of governors to serve for one year, two members to serve for two years and two members to serve for three years and until their successors shall be elected. [Annual meetings shall be held on the fourth Saturday of June in each year at such time and place within the limits of said association as said board of governors shall direct. ] Semiannual meetings will be held in June and September with the date and location to be determined by the board of governors and located within the boundaries of Old Lyme, Connecticut. Notification of said meetings will be delivered by an approved method of communications as outlined in the association by-laws.

Sec. 4. Section 7 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):

Any vacancy in said board, occurring during the year, may be filled by a majority vote of the remaining board of governors members, and such member so appointed shall hold office for the unexpired portion of the term.

Sec. 5. Section 8 of number 289 of the special acts of 1935, as amended by section 1 of number 303 of the special acts of 1947 is amended to read as follows (Effective from passage):

Said association may purchase, acquire or own real estate, and the governing board may enact by-laws or ordinances for the following purposes: To regulate travel over the highways within the limits of the association when, in the opinion of said board, the free and unrestricted use of said highways may become dangerous or inconvenient; to appoint and remove police officers to act within the limits of said association, who shall have the powers of constables within said limits for the purpose of making arrests for violations of any law or any regulation or by-law of said association; to clean and improve any and all ditches; to care for beaches and waterfronts; to keep the streets and all public places within the limits of said association quiet and free from noise; to regulate the parking of motor vehicles; to build, repair and improve highways, roads and sidewalks within the limits of said association; to require owners or lessors of land or buildings within the limits of said association to remove leaves and other inflammable material or obstructions from the highway adjacent to or in front of property owned, leased or occupied by them; to prevent the deposit upon the property within the limits of said association of any refuse, garbage or waste material of any kind which, in the opinion of said board, may endanger the public health or safety or which may become a nuisance; to remove garbage, filth, nightsoil, ashes and other refuse matter within said limits and to authorize such person as the board may designate to make entry on any private property within said limits for the purpose of taking and removing all filth, garbage, ashes, nightsoil or any other offensive matter; to establish building lines; to adopt, modify and enforce a building code; to appoint one or more building inspectors; to protect any property from danger by fire, including the regulation of the number of cottages and structures that may be erected or placed on a single building lot within said limits; to regulate and limit the carrying on within the limits of said association of any business that will, in the opinion of said board, be prejudicial to public health or dangerous to or constitute an unreasonable annoyance to those living or owning property in the vicinity thereof, which regulations shall be uniform for each class or kind of buildings or structures, or class of business; to regulate peddling as provided for in towns under the general statutes; to restrict the right of entry on the property of said association except upon the highways and to promote the planting of trees and shrubbery and other work leading to the improvement of the general appearance of the community. Said association shall have exclusive charge and control of all roads within the limits which are not under town or state control. Said governing board may fix a penalty for each violation of any such by-law, ordinance or regulation, [of not more than twenty dollars] for each offense, and the penalties may be recovered in any action brought for the purpose in the name of The Old Colony Beach Club Association before any court having jurisdiction, for the use and benefit of said association. No by-law or ordinance shall take effect until ten days after its passage, nor until it [shall have] has been [posted on a signpost within the limits of the association, to be designated by the governing board,] communicated to members of the board by an approved method of communications as outlined in the association by-laws for at least seven days. A certificate of the [secretary of said association of the posting] clerk of the association of the proper notification of any by-law or ordinance as provided herein shall [be] determine what constitutes prima facie evidence of such [posting] notification. Nothing herein shall be construed as authorizing the board or the association to change, by regulation, restrictions in deeds and nothing herein shall impair the exclusive right of The Sound View Water Company, its successors and assigns, to install and maintain water pipes in the streets.

Sec. 6. Section 9 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):

The board of governors shall prepare and submit to said association, at [each annual] the June semiannual meeting, a budget and recommend a tax for the purpose of and based on such budget. [, of not exceeding seven mills on the dollar of the total value of real estate within the limits of said association as shown by the last-completed grand list of the town of Old Lyme which budget and tax rate shall be posted on the signpost of said association not less than five days before such annual meeting. ] The board of governors will set the mill rate on the dollar of the total value of real estate within the limits of said association as shown by the last-completed grand list of the town of Old Lyme. The recommended tax will be communicated to the members of the board at least ten days before the annual meeting by an approved method of communications as outlined in the association by-laws. Said association shall have the power to decrease such budget and rate of taxation recommended by said board of governors, but in no case shall it have power to increase such budget and rate of taxation. The rate of taxation so recommended by said board of governors shall be final unless decreased by the association at such annual meeting. Said board shall appoint a tax collector to collect such taxes, and a rate book shall be made out and signed by the clerk of said board on or before the third Saturday of July each year, and warrants may be issued for the collection of money due on such rate bills, pursuant to the provisions of section 1208 of the general statutes.

Sec. 7. Section 10 of number 289 of the special acts of 1935, as amended by section 2 of number 303 of the special acts of 1947 is amended to read as follows (Effective from passage):

Written notice of the rate of such tax and of the amount apportioned to each member of the association shall be sent by the tax collector on or before the following July [fifteenth] first, and such tax shall be due and payable on [the fifteenth of the following] August first, and, if such tax be not paid when due, it shall bear interest [at the rate of six per cent per annum from the date] consistent with state tax laws from the date when it was so payable. The tax collector shall have all the powers of collectors of town taxes and shall pay over the taxes as soon as collected to the treasurer of the Association. Each such tax, if not paid when due, shall be a lien upon the property upon which it shall be laid for one year from the time of the laying of such tax. Such lien may be continued by certificate to be recorded in the land records of the town of Old Lyme, pursuant to the provisions of section 1235 of the general statutes.

Sec. 8. Section 12 of number 289 of the special acts of 1935, as amended by section 3 of number 303 of the special acts of 1947 is amended to read as follows (Effective from passage):

[Twelve] Thirty members of said association shall constitute a quorum for the transaction of business. To the extent lawful, any person entitled to attend and vote at a members meeting may establish his/her presence and cast his/her vote by proxy. A proxy vote may be given by any person entitled to vote, but shall be valid only for the specific meeting for which originally given and any lawful adjournment of that meeting, and no proxy is valid for a period longer than ninety days after the date of the first meeting for which it was given. Every proxy is revocable at the pleasure of the person executing it. To be valid, a proxy must be in writing, dated, signed by a person authorized to cast the vote for the property, and specify the date, time and place of the meeting for which it is given. The signed and dated original must be delivered to the clerk at or before the time of the meeting or continuance thereof. Holders of proxies need not be members. No proxy is valid if it names more than one person as the proxy holder. Any member may designate in writing any person to act as his or her proxy at any meeting of said association, such proxy to be entitled to all privileges of such member.

Members of the association are entitled to only one vote for each parcel within the limits of the association, as identified on the last completed grand list of the Town of Old Lyme. The total number of votes will equal the total number of parcels. If a parcel is owned by multiple individuals, such as a husband and wife, any record owner may vote on behalf of the parcel. If a parcel is owned by a corporation, any officer may vote on behalf of said corporation. If a parcel is owned by a partnership, any general partner may vote on behalf of the partnership. If a parcel is owned in trust, any trustee of a trust shall be entitled to vote. If a parcel is owned by limited liability corporation (LLC), any member or manager may vote on behalf of the LLC.

Sec. 9. Section 13 of number 289 of the special acts of 1935 is amended to read as follows (Effective from passage):

[Notice in writing of each meeting of the association] Notification of meetings, stating the purpose of the meeting, [shall be given by the clerk by letter, postage paid, addressed to each member of the association and mailed at least five days before such meeting] will be delivered by an approved method of communications as outlined in the association by-laws. Notification will be issued at least ten days before such meeting.

Sec. 10. Section 16 of number 289 of the special acts of 1935, as amended by section 5 of number 303 of the special acts of 1947 is amended to read as follows (Effective from passage):

By-laws or rules of said association shall be enacted at a regular annual meeting or at a special meeting called for such purpose. By-laws or rules of said association may be enacted by the board of governors and any such by-law or rule so enacted shall become effective ten days [after publication thereof in some newspaper having a circulation within the association,] thereafter. Notification will be delivered by an approved method of communications as outlined in the association by-laws, provided, upon a petition of not less than twenty members of said association within ten days after publication of such by-law or rule, asking that the same be submitted to the members of said association at its next regular or special meeting, it shall be so submitted and in such event shall not become effective unless a majority of the members of said association voting at such meeting shall vote in favor thereof.

Sec. 11. Section 19 of number 289 of the special acts of 1935, as amended by section 7 of number 303 of the special acts of 1947 is amended to read as follows (Effective from passage):

This act shall become effective upon its adoption by the majority vote of the members of said association who shall be present at a meeting called for that purpose by the board of governors, which meeting shall be warned as provided in section 13 of said act and held on the [fourth Saturday of June, 1947] first Saturday after Labor Day, 2015. "

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

Section 1

from passage

Number 289 of the special acts of 1935, Sec. 2

Sec. 2

from passage

Number 289 of the special acts of 1935, Sec. 3

Sec. 3

from passage

Number 289 of the special acts of 1935, Sec. 5

Sec. 4

from passage

Number 289 of the special acts of 1935, Sec. 7

Sec. 5

from passage

Number 289 of the special acts of 1935, Sec. 8

Sec. 6

from passage

Number 289 of the special acts of 1935, Sec. 9

Sec. 7

from passage

Number 289 of the special acts of 1935, Sec. 10

Sec. 8

from passage

Number 289 of the special acts of 1935, Sec. 12

Sec. 9

from passage

Number 289 of the special acts of 1935, Sec. 13

Sec. 10

from passage

Number 289 of the special acts of 1935, Sec. 16

Sec. 11

from passage

Number 289 of the special acts of 1935, Sec. 19

On the motion of Senator Logan of the 17th, the bill as amended by Senate Amendment Schedule “A” (LCO 7425) was placed on Consent Calendar No. 3.

ENVIRONMENT. S. B. No. 605 (COMM) (File No. 436) AN ACT REQUIRING LOCAL APPROVAL OF CERTAIN CONSTRUCTION PROJECTS AT SILVER SANDS STATE PARK.

Senator Kennedy of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 6805) and moved adoption.

Remarking were Senators Slossberg of the 14th and Fasano of the 34th.

On a voice vote, Senate Amendment Schedule “A” (LCO 6805) 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) For the period commencing on the effective date of this section and ending June 30, 2019, the Department of Energy and Environmental Protection shall not construct any maintenance garage, concession stand, viewing stand, entrance booth or any other facility at the Silver Sands State Park in the town of Milford or expend any funds in furtherance of such construction unless said agency receives agreement, in writing, from the chief elected official of the town of Milford to proceed with such construction. Nothing in this section shall be construed to prevent or limit the customary maintenance of structures and preservation of environmental resources and wildlife at such state park that is unrelated to such construction. "

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

Section 1

from passage

New section

On the motion of Senator Kennedy of the 12th, the bill as amended by Senate Amendment Schedule “A” (LCO 6805) was placed on Consent Calendar No. 3.

INSURANCE AND REAL ESTATE. S. B. No. 544 (COMM) (File No. 144) AN ACT REQUIRING PRIOR LEGISLATIVE APPROVAL OF INCREASES IN ASSESSMENTS AND USER FEES CHARGED BY THE CONNECTICUT HEALTH INSURANCE EXCHANGE.

Senator Kelly of the 21st explained the bill, offered Senate Amendment Schedule “A” (LCO 7853) and moved adoption.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 10: 31 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, Senate Amendment Schedule “A” (LCO 7853) was adopted.

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

The following is the Amendment:

Strike lines 105 to 112, inclusive, in their entirety and insert the following in lieu thereof:

(d) The exchange shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to insurance: (1) Any proposed increase of more than fifteen per cent in any one-year period or thirty-five per cent in any three-year period in the amount of assessments or user fees charged to health carriers; and (2) any proposed method or change in method used in calculating such assessments or user fees. If the committee does not act within fifteen days after receiving a submittal, the proposed increase, method or change in method, as the case may be, shall be deemed to be approved by the committee.

On the motion of Senator Kelly of the 21st, the bill as amended by Senate Amendment Schedule “A” (LCO 7853) was placed on Consent Calendar No. 3.

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.

VETERANS' AFFAIRS. Substitute for S. B. No. 914 (RAISED) (File No. 108) AN ACT CONCERNING THE DEFINITION OF A VETERAN FOR A CERTAIN HONOR AND CERTAIN BENEFIT.

Senator Flexer of the 29th explained the bill and moved passage.

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 10: 45 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote, 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 REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 3

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 3.

JUDICIARY. Substitute for S. B. No. 1041 (RAISED) (File No. 678) AN ACT CONCERNING GPS MONITORING OF CONVICTED PERSONS AWAITING SENTENCING FOR AGGRAVATED SEXUAL ASSAULT.

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

Remarking were Senators Linares of the 33rd and Looney of the 11th.

Senator Flexer of the 29th offered Senate Amendment Schedule “A” (LCO 7930) and moved adoption.

Remarking were Senators Kissel of the 7th and Duff of the 25th.

Senator Flexer of the 29th withdrew Senate Amendment Schedule “A” (LCO 7930).

On the motion of Senator Kissel of the 7th, the bill was placed on Consent Calendar No. 3.

GENERAL LAW. Substitute for S. B. No. 826 (RAISED) (File No. 206) AN ACT MAKING CHANGES TO DEPARTMENT OF CONSUMER PROTECTION STATUTES.

Senator Leone of the 27th explained the bill, offered Senate Amendment Schedule “A” (LCO 7837) and moved adoption.

Remarking was Senator Witkos of the 8th.

On a voice vote, Senate Amendment Schedule “A” (LCO 7837) was adopted.

The following is the Amendment:

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

"Section 1. Section 21a-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Each board or commission within the Department of Consumer Protection under section 21a-6 shall have the following powers and duties:

(1) Each board or commission shall exercise its statutory functions, including licensing, certification, registration, accreditation of schools and the rendering of findings, orders and adjudications. [Any] With the exception of the Liquor Control Commission, any exercise of such functions by such a board or commission that is adverse to a party shall be a proposed decision and subject to approval, modification or rejection by the commissioner.

(2) Each board or commission may, in its discretion, issue (A) an appropriate order to any person found to be violating an applicable statute or regulation providing for the immediate discontinuance of the violation, (B) an order requiring the violator to make restitution for any damage caused by the violation, or (C) both. Each board or commission may, through the Attorney General, petition the superior court for the judicial district wherein the violation occurred, or wherein the person committing the violation resides or transacts business, for the enforcement of any order issued by it and for appropriate temporary relief or a restraining order and shall certify and file in the court a transcript of the entire record of the hearing or hearings, including all testimony upon which such order was made and the findings and orders made by the board or commission. The court may grant such relief by injunction or otherwise, including temporary relief, as it deems equitable and may make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, any order of a board or commission.

(3) Each board or commission may conduct hearings on any matter within its statutory jurisdiction. Such hearings shall be conducted in accordance with chapter 54 and the regulations established pursuant to subsection (a) of section 21a-9. In connection with any such hearing, the board or commission may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, testify or produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(4) Each board or commission may request the Commissioner of Consumer Protection to conduct an investigation and to make findings and recommendations regarding any matter within the statutory jurisdiction of the board or commission.

(5) Each board or commission may recommend rules and regulations for adoption by the Commissioner of Consumer Protection and may review and comment upon proposed rules and regulations prior to their adoption by said commissioner.

(6) Each board or commission shall meet at least once in each quarter of a calendar year and at such other times as the chairperson or the Commissioner of Consumer Protection deems necessary. A majority of the members shall constitute a quorum, except that for any examining board, forty per cent of the members shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings during any calendar year shall be deemed to have resigned from office. Members of boards or commissions shall not serve for more than two consecutive full terms which commence on or after July 1, 1982, except that if no successor has been appointed or approved, such member shall continue to serve until a successor is appointed or approved. Members shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties.

(7) In addition to any other action permitted under the general statutes, each board or commission may, upon a finding of any cause specified in subsection (c) of section 21a-9: (A) Revoke or suspend a license, registration or certificate; (B) issue a letter of reprimand to a practitioner and send a copy of such letter to a complainant or to a state or local official; (C) place a practitioner on probationary status and require the practitioner to (i) report regularly to the board or commission on the matter which is the basis for probation, (ii) limit the practitioner's practice to areas prescribed by the board or commission, or (iii) continue or renew the practitioner's education until the practitioner has attained a satisfactory level of competence in any area which is the basis for probation. Each board or commission may discontinue, suspend or rescind any action taken under this subsection.

(8) Each examining board within the Department of Consumer Protection or the Commissioner of Consumer Protection shall conduct any hearing or other action required for an application submitted pursuant to section 20-333 and any completed renewal application submitted pursuant to section 20-335 not later than (A) thirty days after the date of submission for such application or completed renewal application, as applicable, or (B) a period of time deemed appropriate by the Commissioner of Consumer Protection, but not to exceed sixty days after such date of submission.

(b) [Each] With the exception of the Liquor Control Commission, each board or commission within the Department of Consumer Protection under section 21a-6 that makes a proposed final decision that is adverse to a party as described in subdivision (1) of subsection (a) of this section, shall submit such proposed decision to the Commissioner of Consumer Protection. Not later than thirty calendar days after receipt of any such proposed decision, the Commissioner of Consumer Protection shall notify such board or commission that the commissioner shall render the final decision concerning such matter. Not later than thirty days after receipt of any such proposed decision, the commissioner shall approve, modify or reject the proposed decision or remand the proposed decision for further review or for the taking of additional evidence. The commissioner shall notify the board or commission in writing of the commissioner's decision and include in such notification the rationale for such decision. The decision of the commissioner shall be the final decision in accordance with section 4-180 for purposes of reconsideration in accordance with section 4-181a or appeal to the Superior Court in accordance with section 4-183.

Sec. 2. Subsection (a) of section 21a-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The Department of Consumer Protection shall have the following powers and duties with regard to each board or commission transferred to the Department of Consumer Protection under section 21a-6, except for the Liquor Control Commission:

(1) The department shall control the allocation, disbursement and budgeting of funds appropriated to the department for the operation of each board or commission transferred to said department.

(2) The department shall employ and assign such personnel as the commissioner deems necessary for the performance of each board's or commission's functions.

(3) The department shall perform all management functions, including purchasing, bookkeeping, accounting, payroll, secretarial, clerical, record-keeping and routine housekeeping functions.

(4) The department shall conduct any necessary review, inspection or investigation regarding qualifications of applicants for licenses or certificates, possible violations of statutes or regulations, accreditation of schools, disciplinary matters and the establishment of regulatory policy, and make recommendations to the appropriate board or commission. In connection with any such investigation, the Commissioner of Consumer Protection, or the commissioner's authorized agent, may administer oaths, issue subpoenas, compel testimony and order the production of books, records and documents. If any person refuses to appear, to testify or to produce any book, record or document when so ordered, a judge of the Superior Court may make such order as may be appropriate to aid in the enforcement of this section.

(5) The department shall administer any examinations necessary to ascertain the qualifications of applicants for licenses or certificates and shall issue licenses or certificates to qualified applicants. The department shall maintain rosters of licensees or registrants and update such rosters annually, and may provide copies of such rosters to the public for an appropriate fee.

(6) The department shall conduct any necessary investigation and follow-up in connection with complaints regarding persons subject to regulation or licensing by the board or commission.

(7) The department shall perform any other function necessary to the effective operation of the board or commission.

(8) The department shall receive complaints concerning the work and practices of persons licensed, registered or certified by such boards or commissions and shall receive complaints concerning unauthorized work and practice by persons not licensed, registered or certified by such boards or commissions. The department shall distribute quarterly a list of all complaints received within the previous quarter to the chairperson of the appropriate board or commission. The department shall screen all complaints and dismiss any in which the allegation, if substantiated, would not constitute a violation of any statute or regulation. The department shall distribute notice of all such dismissals monthly to the chairperson of the appropriate board or commission. The department shall investigate any complaint in which the allegation, if substantiated, would constitute a violation of a statute or regulation under its jurisdiction. In conducting the investigation, the commissioner may seek the assistance of a member of the appropriate board, an employee of any state agency with expertise in the area, or if no such member or employee is available, a person from outside state service licensed to perform the work involved in the complaint. Board or commission members involved in an investigation shall not participate in disciplinary proceedings resulting from such investigation. The Commissioner of Consumer Protection may dismiss a complaint following an investigation if the commissioner determines that such complaint lacks probable cause. The commissioner may bring a complaint before the appropriate board or commission for a formal hearing if the commissioner determines that there is probable cause to believe that the offense alleged in the complaint has been committed and that the practitioner named in the complaint was responsible. The commissioner, or the commissioner's authorized agent, shall have the power to issue subpoenas to require the attendance of witnesses or the production of records, correspondence, documents or other evidence in connection with any hearing of a board or commission.

(9) The department may contract with a third party, if the commissioner deems it necessary, to administer licensing examinations and perform all attendant administrative functions in connection with such examination and to monitor continuing professional education requirements, and may require the payment of a fee to such third party.

Sec. 3. Subsection (a) of section 30-17 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) (1) A wholesaler permit shall allow the bottling of alcoholic liquor and the wholesale sale of alcoholic liquor to permittees in this state and without the state, as may be permitted by law, and the sale of alcoholic liquors to vessels engaged in coastwise or foreign commerce, and the sale of alcohol and alcoholic liquor for industrial purposes to nonpermittees, such sales to be made in accordance with the regulations adopted by the Department of Consumer Protection, and the sale of alcohol and alcoholic liquor for medicinal purposes to hospitals and charitable institutions and to religious organizations for sacramental purposes and the receipt from out-of-state shippers of multiple packages of alcoholic liquor. The holder of a wholesaler permit may apply for and shall thereupon receive an out-of-state shipper's permit for direct importation from abroad of alcoholic liquors manufactured outside the United States and an out-of-state shipper's permit for direct importation from abroad of beer manufactured outside the United States. The annual fee for a wholesaler permit shall be two thousand six hundred fifty dollars.

(2) When a holder of a wholesaler permit has had the distributorship of any alcohol, beer, spirits or wine product of a manufacturer or out-of-state shipper for six months or more, such distributorship may be terminated or its geographic territory diminished upon (A) the execution of a written stipulation by the wholesaler and manufacturer or out-of-state shipper agreeing to the change and the approval of such change by the Department of Consumer Protection; or (B) the sending of a written notice by certified or registered mail, return receipt requested, by the manufacturer or out-of-state shipper to the wholesaler, a copy of which notice has been sent simultaneously by certified or registered mail, return receipt requested, to the Department of Consumer Protection. No such termination or diminishment shall become effective except for just and sufficient cause, provided such cause shall be set forth in such notice and the Department of Consumer Protection shall determine, after hearing, that just and sufficient cause exists. If an emergency occurs, caused by the wholesaler, prior to such hearing, which threatens the manufacturers' or out-of-state shippers' products or otherwise endangers the business of the manufacturer or out-of-state shipper and said emergency is established to the satisfaction of the Department of Consumer Protection, the department may temporarily suspend such wholesaler permit or take whatever reasonable action the department deems advisable to provide for such emergency and the department may continue such temporary action until its decision after a full hearing. The Department of Consumer Protection shall render its decision with reasonable promptness following such hearing. Notwithstanding the aforesaid, a manufacturer or out-of-state shipper may appoint one or more additional wholesalers as the distributor for an alcohol, spirits or wine product within such territory, provided such appointment shall not be effective until six months from the date such manufacturer or out-of-state shipper sets forth such intention in written notice to the existing wholesaler by certified or registered mail, return receipt requested, with a copy of such notice simultaneously sent by certified or registered mail, return receipt requested, to the Department of Consumer Protection. For just and sufficient cause, a manufacturer or out-of-state shipper may appoint one or more additional wholesalers as the distributor for a beer product within such territory provided such manufacturer or out-of-state shipper sets forth such intention and cause in written notice to the existing wholesaler by certified or registered mail, return receipt requested, with a copy of such notice simultaneously sent by certified or registered mail, return receipt requested, to the Department of Consumer Protection. For the purposes of this section, "just and sufficient cause" means the existence of circumstances which, in the opinion of a reasonable person considering all of the equities of both the wholesaler and the manufacturer or out-of-state shipper warrants a termination or a diminishment of a distributorship as the case may be. For the purposes of this section, "manufacturer or out-of-state shipper" means the manufacturer or out-of-state shipper who originally granted a distributorship of any alcohol, beer, spirits or wine product to a wholesaler, any successor to such manufacturer or out-of-state shipper, which successor has assumed the contractual relationship with such wholesaler by assignment or otherwise, or any other manufacturer or out-of-state shipper who acquires the right to ship such alcohol, beer, spirits or wine into the state.

(3) Nothing contained herein shall be construed to interfere with the authority of the Department of Consumer Protection to retain or adopt reasonable regulations concerning the termination or diminishment of a distributorship held by a wholesaler for less than six months.

(4) All hearings held hereunder shall be held in accordance with the provisions of chapter 54.

Sec. 4. Section 20-312 of the general statutes, as amended by section 103 of public act 16-97, is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) No person shall act as a real estate broker or real estate salesperson without a license issued by the commission or the Commissioner of Consumer Protection, unless exempt under this chapter. The Commissioner of Consumer Protection may enter into any contract for the purpose of administratively processing the renewal of licenses on behalf of the commission.

(b) The practice of or the offer to practice real estate brokerage business in this state by individual licensed real estate brokers or real estate salespersons as a corporation, limited liability company, [or] partnership or limited liability partnership, a material part of the business of which includes real estate brokerage, is permitted, provided (1) the personnel of such corporation, limited liability company, [or] partnership or limited liability partnership who engage in the real estate brokerage business as real estate brokers or real estate salespersons, and the real estate brokers whose ownership, control, membership or partnership interest is credited toward the requirements of subdivision (3) of this subsection, are licensed or exempt from licensure under this chapter, (2) the corporation, limited liability company, [or] partnership or limited liability partnership has been issued a real estate broker license by the commission as provided in this section and has paid the license or renewal fee required for a real estate broker's license as set forth in section 20-314, and (3) except for a publicly traded corporation (A) with respect to a corporation other than a nonstock corporation, one or more real estate brokers own or control fifty-one per cent or more of the total issued shares of the corporation, (B) with respect to a nonstock corporation, one or more real estate brokers constitute at least fifty-one per cent of the members of the nonstock corporation, (C) with respect to a limited liability company, one or more real estate brokers own or control at least fifty-one per cent of the interest in the limited liability company, as defined in section 34-243a, or (D) with respect to a partnership or limited liability partnership, one or more real estate brokers' partnership interest, as defined in section 34-301, constitutes at least fifty-one per cent of the total partnership interest. No such corporation, limited liability company, [or] partnership or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with this section, nor shall any individual practicing real estate brokerage be relieved of responsibility for real estate services performed by reason of the individual's employment or relationship with such corporation, limited liability company, [or] partnership or limited liability partnership. The Real Estate Commission may refuse to authorize the issuance or renewal of a license if any facts exist that would entitle the commission to suspend or revoke an existing license.

(c) A corporation, limited liability company, [or] partnership or limited liability partnership desiring a real estate broker license shall file with the commission or the commissioner an application on such forms and in such manner as prescribed by the Department of Consumer Protection. Each such corporation, limited liability company, [or] partnership or limited liability partnership shall file with the commission a designation of at least one individual licensed or qualified to be licensed as a real estate broker in this state who shall be in charge of the real estate brokerage business of such corporation, limited liability company, [or] partnership or limited liability partnership in this state. Such corporation, limited liability company, [or] partnership or limited liability partnership shall notify the commission of any change in such designation not later than thirty days after such change becomes effective.

(d) The Real Estate Commission may impose a fine of not more than one thousand dollars on any corporation, limited liability company, [or] partnership or limited liability partnership that engages in real estate business without a license required by this section. Any such imposition of a fine by the commission shall be a proposed final decision and submitted to the commissioner in accordance with the provisions of subsection (b) of section 21a-7, as amended by this act.

Sec. 5. Section 21a-150f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) A bottler shall process and package any water bottled for sale, in accordance with 21 CFR 110, 21 CFR 117, 21 CFR 129 and any regulation adopted in accordance with the provisions of sections 21a-150 to 21a-150j, inclusive.

(b) No bottler shall process or bottle water using any line or equipment through which anything other than water from an approved source is passed, except that a bottler who bottles or processes water by using any such line or equipment, as of October 1, 1986, may continue to bottle water in such manner provided such bottled water complies with the bottled water quality standards set forth in 21 CFR 165. 110 and 21 USC 342 and provided, in the event such bottler renovates a bottling production process or expands operations, such bottler shall establish a dedicated line for the processing of bottled water only.

Sec. 6. Section 21a-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The Commissioner of Consumer Protection may, subject to the provisions of chapter 67, employ such agents and assistants as are necessary to enforce the provisions of the general statutes wherein said commissioner is empowered to carry out the duties and responsibilities assigned to him or his department. For the purpose of inquiring into any suspected violation of such provisions, the commissioner and his deputy and assistants shall have free access, at all reasonable hours, to all places and premises, homes and apartments of private families keeping no boarders excepted.

(b) On the tender of the market price, the commissioner or his deputy may take from any person, firm or corporation samples of any article which he suspects is sold, offered for sale, kept with intent to sell, made or manufactured contrary to any provision of this chapter or related chapters under the jurisdiction of said commissioner. He may analyze such samples or have them analyzed by a state chemist or by an experiment station or by the laboratories of the Department of Public Health, and a sworn or affirmed certificate by such analyst shall be prima facie evidence of the ingredients and constituents of the samples analyzed. If such analysis shows that any such sample does not conform to the requirements of law, and gives the commissioner or his deputy reasonable grounds for believing that any provision of this chapter or related chapters under his jurisdiction has been violated, he shall cause such violator to be prosecuted. Any person who refuses the access provided for herein to the commissioner, his deputy or assistants, or who refuses to sell the samples provided for herein, shall be guilty of a class D misdemeanor. Evidence of violation of any provision of this section shall be prima facie evidence of wilful violation.

(c) The commissioner may, subject to the provisions of chapter 54, revoke, suspend or deny any license or registration issued by the department in the event that such licensee or registrant, including, but not limited to, an owner of any business entity holding such license or registration, owes moneys to any guaranty fund or account maintained or used by the department, including, but not limited to, the Home Improvement Guaranty Fund established pursuant to section 20-432, the New Home Construction Guaranty Fund established pursuant to section 20-417i, the Connecticut Health Club Guaranty Fund established pursuant to section 21a-226, the Real Estate Guaranty Fund established pursuant to section 20-324a and the privacy protection guaranty and enforcement account established pursuant to section 42-472a.

Sec. 7. Section 20-571 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

As used in sections 20-570 to 20-630, inclusive, unless the context otherwise requires:

(1) "Administer" means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion or any other means;

(2) "Care-giving institution" means an institution that provides medical services and is licensed, operated, certified or approved by the Commissioner of Public Health, the Commissioner of Developmental Services or the Commissioner of Mental Health and Addiction Services;

(3) "Commission" means the Commission of Pharmacy appointed under the provisions of section 20-572;

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

(5) "Compound" means to combine, mix or put together two or more ingredients pursuant to a prescription and includes the preparation of drugs or devices in anticipation of prescriptions based on routine, regularly-observed prescribing patterns;

(6) "Correctional or juvenile training institution" means a facility for the detention or incarceration of persons convicted or accused of crimes or offenses or for training of delinquent juveniles, including those state facilities under the jurisdiction of the Commissioner of Correction, training schools for delinquent juveniles and any other facilities operated by the state or municipalities for such detention, incarceration or training;

(7) "Device" means instruments, apparatuses and contrivances, including their components, parts and accessories, intended (A) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals, or (B) to affect the structure or any function of the body of humans or other animals, but does not mean contact lenses;

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

(9) "Dispense" means those acts of processing a drug or device for delivery or for administration for a patient pursuant to a prescription consisting of: (A) Comparing the directions on the label with the directions on the prescription to determine accuracy; (B) the selection of the drug or device from stock to fill the prescription; (C) the counting, measuring, compounding or preparation of the drug or device; (D) the placing of the drug or device in the proper container; (E) the affixing of the label to the container; and (F) the addition to a written prescription of any required notations. "Dispense" does not include the acts of delivering a drug or device to a patient or of administering the drug or device to the patient;

(10) "Dispensing outpatient facility" means a facility operated by a corporation or municipality which provides medical services to patients on an outpatient basis and which maintains stocks of drugs for dispensing of drugs on a regular basis to patients for use off the premises;

(11) "Drug" means (A) an article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them, (B) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals, (C) an article, other than food, intended to affect the structure or any function of the body of humans or any other animal, and (D) an article intended for use as a component of any article specified in this subdivision, but does not include a device;

(12) "Institutional pharmacy" means that area within a care-giving institution or within a correctional or juvenile training institution, commonly known as the pharmacy, that is under the direct charge of a pharmacist and in which drugs are stored and dispensed;

(13) "Legend device" means a device that is required by applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only or that, under federal law, is required to bear either of the following legends: (A) "RX ONLY" IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT; or (B) "CAUTION: FEDERAL LAW RESTRICTS THIS DEVICE FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN. ";

(14) "Legend drug" means a drug that is required by any applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only, or means a drug that, under federal law, is required to bear either of the following legends: (A) "RX ONLY" IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT; or (B) "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN. ";

(15) "Medical device and oxygen provider" means a person who distributes devices or oxygen pursuant to a medical order or prescription, except if such person already maintains an active pharmacy license;

[(15)] (16) "Nonlegend drug" means a drug that is not a legend drug;

[(16)] (17) "Person" means an individual, corporation, business trust, estate trust, partnership, association, joint venture or any other legal or commercial entity;

[(17)] (18) "Pharmacist" means an individual who is licensed to practice pharmacy under the provisions of section 20-590, 20-591, 20-592 or 20-593, and who is thereby recognized as a health care provider by the state of Connecticut;

[(18)] (19) "Pharmacy" means a place of business where drugs and devices may be sold at retail and for which a pharmacy license has been issued to an applicant under the provisions of section 20-594;

[(19)] (20) "Pharmacy intern" means an individual registered under the provisions of section 20-598;

[(20)] (21) "Pharmacy technician" means an individual who is registered with the department and qualified in accordance with section 20-598a;

[(21)] (22) "Practice of pharmacy" or "to practice pharmacy" means the sum total of knowledge, understanding, judgments, procedures, securities, controls and ethics used by a pharmacist to assure optimal safety and accuracy in the distributing, dispensing and use of drugs and devices;

[(22)] (23) "Prescribing practitioner" means an individual licensed by the state of Connecticut, any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States who is authorized to issue a prescription within the scope of the individual's practice;

[(23)] (24) "Prescription" means a lawful order of a prescribing practitioner transmitted either orally, in writing or by electronic means for a drug or device for a specific patient;

[(24)] (25) "Sale" includes barter, exchange or gift or offer and each such transaction made by a person whether as principal proprietor, agent, servant or employee; [and]

[(25)] (26) "Substitute" means to dispense without the prescribing practitioner's express authorization a different drug product than the drug product prescribed; [. ]

(27) "Third-party logistics provider" means a person who distributes drugs, devices or cosmetics while taking possession of the drugs, devices or cosmetics but who does not take title of the drugs, devices or cosmetics;

(28) "Virtual manufacturer" means a person who engages in the manufacture of drugs, devices or cosmetics for which such person: (A) Owns the new drug application or abbreviated new drug application number, if a prescription drug; (B) owns the unique device identification number, as available, for a prescription device; (C) contracts with a contract manufacturing organization for the physical manufacture of the drugs, devices or cosmetics; (D) is not involved in the physical manufacture of the drugs, devices or cosmetics; and (E) at no time takes physical possession of or stores the drugs, devices or cosmetics; and

(29) "Virtual wholesale distributor" means a person who facilitates or brokers the transfer of drugs, devices or cosmetics without taking physical possession of the drugs, devices or cosmetics.

Sec. 8. Section 21a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) As used in this section: (1) ["Wholesaler"] "Drugs", "devices" and "cosmetics" have the same meanings as defined in section 21a-92, "wholesaler" or "distributor" means a person, including, but not limited to, a medical device and oxygen provider, a third-party logistics provider, a virtual manufacturer or a virtual wholesale distributor, as such terms are defined in section 20-571, as amended by this act, whether within or without the boundaries of the state of Connecticut, who supplies drugs, [medical] devices or cosmetics prepared, produced or packaged by manufacturers, to other wholesalers, manufacturers, distributors, hospitals, prescribing practitioners, as defined in subdivision (22) of section 20-571, as amended by this act, pharmacies, federal, state or municipal agencies, clinics or any other person as permitted under subsection (h) of this section, except that: (A) A retail pharmacy or a pharmacy within a licensed hospital that supplies to another such pharmacy a quantity of a noncontrolled drug or a schedule II, III, IV or V controlled substance normally stocked by such pharmacies to provide for the immediate needs of a patient pursuant to a prescription or medication order of an authorized practitioner, (B) a pharmacy within a licensed hospital that supplies drugs to another hospital or an authorized practitioner for research purposes, (C) a retail pharmacy that supplies a limited quantity of a noncontrolled drug or of a schedule II, III, IV or V controlled substance for emergency stock to a practitioner who is a medical director of a chronic and convalescent nursing home, of a rest home with nursing supervision or of a state correctional institution, and (D) a pharmacy within a licensed hospital that contains another hospital wholly within its physical structure that supplies to such contained hospital a quantity of a noncontrolled drug or a schedule II, III, IV, or V controlled substance normally stocked by such hospitals to provide for the needs of a patient, pursuant to a prescription or medication order of an authorized practitioner, receiving inpatient care on a unit that is operated by the contained hospital shall not be deemed a wholesaler under this section; (2) "manufacturer" means (A) a person, whether within or without the boundaries of the state of Connecticut, who produces, prepares, cultivates, grows, propagates, compounds, converts or processes, directly or indirectly, by extraction from substances of natural origin or by means of chemical synthesis or by a combination of extraction and chemical synthesis, or who packages, repackages, labels or relabels a container under such manufacturer's own or any other trademark or label any drug, device or cosmetic for the purpose of selling such items, or (B) a sterile compounding pharmacy, as defined in section 20-633b, as amended by this act, that dispenses sterile pharmaceuticals without a prescription or a patient-specific medical order; (3) "drug", "device" and "cosmetic" have the same meanings as provided in section 21a-92; and (4) "commissioner" means the Commissioner of Consumer Protection or his or her designee.

(b) No wholesaler or manufacturer shall operate as such until he has received a certificate of registration issued by the commissioner, which certificate shall be renewed annually, provided no such certificate shall be required of a manufacturer, except a sterile compounding pharmacy, as defined in subsection (a) of section 20-633b, as amended by this act, whose principal place of business is located outside the state, who is registered with the federal Food and Drug Administration or any successor agency and who files a copy of such registration with the commissioner. A fee of one hundred ninety dollars shall be charged for each wholesaler's certificate and renewal thereof. A separate certificate and corresponding fee is required for each location existing in this state and for each location existing outside of this state that distributes products into this state. The fee for a manufacturer's certificate and renewal thereof shall be two hundred eighty-five dollars for manufacturers employing not more than five licensed pharmacists or qualified chemists or both; three hundred seventy-five dollars for manufacturers employing not more than ten licensed pharmacists or qualified chemists or both; and nine hundred forty dollars for manufacturers employing more than ten licensed pharmacists or qualified chemists or both. No such certificate shall be issued to a manufacturer unless such drugs, [medical] devices or cosmetics are manufactured or compounded under the direct supervision of a licensed pharmacist or a qualified chemist. No certificate of registration shall be issued under this section until the applicant has furnished proof satisfactory to the commissioner that the applicant is equipped as to facilities and apparatus to properly carry on the business described in his application and that the applicant conforms to chapter 418 and regulations adopted thereunder.

(c) The commissioner shall have the right to deny a certificate of registration if he determines that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the commissioner shall consider, at a minimum, the following factors:

(1) Any convictions or regulatory actions involving the applicant under any federal, state or local law relating to drug samples, wholesale or retail drug distribution, or distribution or possession of drugs including controlled substances;

(2) Any felony convictions of the applicant under federal, state or local laws;

(3) The applicant's past experience in the manufacture or distribution of drugs;

(4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;

(5) Suspension, revocation or other sanction by federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs;

(6) Compliance with licensing or registration requirements under previously granted licenses or registrations;

(7) Compliance with requirements to maintain or make available to the commissioner or to federal, state or local law enforcement officials those records required by any federal or state statute or regulation;

(8) Failure to provide adequate control against the diversion, theft and loss of drugs;

(9) Provision of required security for legend drugs and, in the case of controlled substances, compliance with security requirements for wholesalers set forth in regulations adopted under chapter 420b; and

(10) Compliance with all regulations adopted to enforce the provisions of this section.

(d) The commissioner may suspend, revoke or refuse to renew a registration, or may issue a letter of reprimand or place a registrant on probationary status, for sufficient cause. Any of the following shall be sufficient cause for such action:

(1) The furnishing of false or fraudulent information in any application or other document filed with the commissioner;

(2) Any criminal conviction of the registrant under any federal or state statute concerning drugs;

(3) The suspension, revocation or other restriction or penalty issued against a license or registration related to drugs;

(4) Failure to provide adequate control against the diversion, theft and loss of drugs; or

(5) A violation of any provision of any federal or state statute or regulation concerning drugs.

(e) Wholesalers and manufacturers shall operate in compliance with applicable federal, state and local statutes, regulations and ordinances, including any applicable laws concerning controlled substances, drug product salvaging or reprocessing.

(f) Wholesalers and manufacturers shall permit the commissioner, or his authorized representatives, to enter and inspect their premises and delivery vehicles, and to audit their records and written operating procedures, at reasonable times and in a reasonable manner.

(g) Before denying, suspending, revoking or refusing to renew a registration, or before issuing a letter of reprimand or placing a registrant on probationary status, the commissioner shall afford the applicant or registrant an opportunity for a hearing in accordance with the provisions of chapter 54. Notice of such hearing may be given by certified mail. The commissioner may subpoena witnesses and require the production of records, papers and documents pertinent to such hearing.

(h) No wholesaler or manufacturer shall sell any drugs except to the state or any political subdivision thereof, to another manufacturer or wholesaler, to any hospital recognized by the state as a general or specialty hospital, to any institution having a full-time pharmacist who is actively engaged in the practice of pharmacy in such institution not less than thirty-five hours a week, to a chronic and convalescent nursing home having a pharmacist actively engaged in the practice of pharmacy based upon the ratio of one-tenth of one hour per patient per week but not less than twelve hours per week, to a practicing physician, podiatrist, dentist, optometrist or veterinarian or to a licensed pharmacy or a store to which a permit to sell nonlegend drugs has been issued as provided in section 20-624. The commissioner may adopt such regulations as are necessary to administer and enforce the provisions of this section.

(i) Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.

Sec. 9. Section 20-579 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The commission may refuse to authorize the issuance of a temporary permit to practice pharmacy, may refuse to authorize the issuance or renewal of a license to practice pharmacy, a license to operate a pharmacy or a registration of a pharmacy intern or pharmacy technician, and may revoke, [or] suspend or place conditions on a license or temporary permit to practice pharmacy, a license to operate a pharmacy, or a registration of a pharmacy intern or a pharmacy technician, and may assess a civil penalty of up to one thousand dollars or take other action permitted in subdivision (7) of section 21a-7, as amended by this act, if the applicant or holder of the license, temporary permit or registration: (1) Has violated a statute or regulation relating to drugs, devices or the practice of pharmacy of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction; (2) has been convicted of violating any criminal statute relating to drugs, devices or the practice of pharmacy of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction; (3) has been disciplined by, or is the subject of pending disciplinary action or an unresolved complaint before, the duly authorized pharmacy disciplinary agency of any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction; (4) has been refused a license or registration or renewal of a license or registration by any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction based on grounds that are similar to grounds on which Connecticut could refuse to issue or renew such a license or registration; (5) has illegally possessed, diverted, sold or dispensed drugs or devices; (6) abuses or excessively uses drugs, including alcohol; (7) has made false, misleading or deceptive representations to the public or the commission; (8) has maintained exclusive telephone lines to, has maintained exclusive electronic communication with, or has exclusive access to computers located in offices of prescribing practitioners, nursing homes, clinics, hospitals or other health care facilities; (9) has substituted drugs or devices except as permitted in section 20-619; (10) has accepted, for return to regular stock, any drug already dispensed in good faith or delivered from a pharmacy, and exposed to possible and uncontrolled contamination or substitution; (11) has split fees for professional services, including a discount or rebate, with a prescribing practitioner or an administrator or owner of a nursing home, hospital or other health care facility; (12) has entered into an agreement with a prescribing practitioner or an administrator or owner of a nursing home, hospital or other health care facility for the compounding or dispensing of secret formula or coded prescriptions; (13) has performed or been a party to a fraudulent or deceitful practice or transaction; (14) has presented to the commission a diploma, license or certificate illegally or fraudulently obtained, or obtained from a college or school of pharmacy not approved by the commission; (15) has performed incompetent or negligent work; (16) has falsified a continuing education document submitted to the commission or department or a certificate retained in accordance with the provisions of subsection (d) of section 20-600; (17) has permitted a person not licensed to practice pharmacy in this state to practice pharmacy in violation of section 20-605, to use a pharmacist license or pharmacy display document in violation of section 20-608, or to use words, displays or symbols in violation of section 20-609; [or] (18) has failed to maintain the entire pharmacy premises, its components and contents in a clean, orderly and sanitary condition; (19) has failed to demonstrate adherence to applicable provisions of United States Pharmacopeia, Chapter 797, Pharmaceutical Compounding–Sterile Preparations, as amended from time to time; or (20) has failed to demonstrate adherence to applicable provisions of United States Pharmacopeia, Chapter 795, Pharmaceutical Compounding–Nonsterile Preparations, as amended from time to time.

(b) The commission may refuse to authorize the issuance of a temporary permit to practice pharmacy, may refuse to authorize the issuance or renewal of a license to practice pharmacy, a license to operate a pharmacy or a registration of a pharmacy intern or pharmacy technician, and may revoke, [or] suspend or place conditions on a license or temporary permit to practice pharmacy, a license to operate a pharmacy, or a registration of a pharmacy intern or a pharmacy technician, or take other action permitted in subdivision (7) of section 21a-7, as amended by this act, if the commission determines that the applicant or holder of the license, temporary permit or registration has a condition including, but not limited to, physical illness or loss of skill or deterioration due to the aging process, emotional disorder or mental illness, abuse or excessive use of drugs or alcohol that would interfere with the practice of pharmacy, operation of a pharmacy or activities as a pharmacy intern or pharmacy technician, provided the commission may not, in taking action against a license, temporary permit or registration holder on the basis of such a condition, violate the provisions of section 46a-73 or 42 USC Section 12132 of the federal Americans with Disabilities Act.

Sec. 10. Subdivision (13) of section 20-330 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(13) "Sheet metal work" means the onsite layout, installation, erection, replacement, repair or alteration, including, but not limited to, onsite testing and balancing of related life safety components, environmental air, heating, ventilating and air conditioning systems by manipulating, adjusting or controlling such systems for optimum balance performance of any duct work [systems, both] system, ferrous, [and] nonferrous or other material for ductwork systems, components, devices, air louvers or accessories, in accordance with the State Building Code;

Sec. 11. Section 20-672 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) Any person seeking a certificate of registration as a homemaker-companion agency shall apply to the Commissioner of Consumer Protection, in writing, on a form provided by the commissioner. The application shall include the applicant's name, residence address, business address, business telephone number and such other information as the commissioner may require. An applicant shall also be required to submit to state and national criminal history records checks in accordance with section 29-17a and to certify under oath to the commissioner that: (1) Such agency complies with the requirements of section 20-678 concerning employee comprehensive background checks, (2) such agency provides all persons receiving homemaker or companion services with a written individualized contract or service plan that specifically identifies the anticipated scope, type, frequency and duration of homemaker or companion services provided by the agency to the person, (3) such agency maintains a surety bond of not less than ten thousand dollars coverage, which coverage shall include theft by an employee of such agency from a person for whom homemaker or companion services are provided by the agency, and (4) all records maintained by such agency shall be open, at all reasonable hours, for inspection, copying or audit by the commissioner.

(b) Each application for a certificate of registration as a homemaker-companion agency shall be accompanied by a fee of three seventy-five hundred dollars.

(c) Upon the failure by a homemaker-companion agency to comply with the registration provisions of this section, the Attorney General, at the request of the Commissioner of Consumer Protection, is authorized to apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining a homemaker-companion agency from continuing to do business in the state.

Sec. 12. Section 21a-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The Commissioner of Consumer Protection may refund to any permittee the fee paid by him for any permit issued by said commissioner and returned to him prior to its use, provided application for such refund shall be made not later than sixty days after the effective date of such permit.

(b) The Commissioner of Consumer Protection may impose a fine of twenty dollars on any applicant for a permit or license issued by the Commissioner of Consumer Protection who issues to the commissioner a check drawn on the account of such applicant in payment of a permit or license fee and whose check is returned to the Department of Consumer Protection as uncollectible. In addition, the commissioner may require the applicant to pay to the department any fees charged by a financial institution to the department as a result of such returned check.

(c) The Commissioner of Consumer Protection may impose a fine on any applicant who fails to renew a license, permit, certificate or registration not later than the expiration date of such license, permit, certificate or registration. The amount of the fine shall be equal to ten per cent of the renewal fee but shall not be less than ten dollars or more than one hundred dollars.

(d) Notwithstanding any other provision of the general statutes, each applicant whose license has lapsed for a period longer than the length of time allowing automatic reinstatement may apply for reinstatement to the appropriate board. Upon receipt of such application and payment of the fee, the [board] department may, at its discretion, reinstate a lapsed license without examination, provided such application for reinstatement is accompanied by a notarized letter and supporting documentation attesting to the applicant's related work experience in their occupation or profession from the time he or she had let such license lapse. Such applicant, upon approval by the [board] department, shall pay all back license and late fees in order for such license to be reinstated.

(e) When a license, permit, certification or registration has lapsed for a period longer than the length of time allowing automatic reinstatement, or the general statutes are silent as to the period of time during which reinstatement of the license, permit, certification or registration is permissible, an applicant may apply for reinstatement to the department. Upon receipt of such application and payment of the corresponding application fee, the department may, if application was made not later than three years after the date allowing automatic reinstatement, reinstate the lapsed license, permit, certification or registration without examination. The applicant, prior to reinstatement by the department, shall pay all back license and late fees, unless the applicant attests that he or she has not worked in the applicable occupation or profession in this state while the license, permit, certification or registration was lapsed, in which case the applicant shall pay the current year's renewal fee for reinstatement. If the license, permit, certification or registration lapse is three years or more, the applicant shall apply for a new license, permit, certification or registration.

Sec. 13. (NEW) (Effective July 1, 2017) (a) If food becomes adulterated pursuant to section 21a-101 of the general statutes, the person who maintained physical custody of the food at the time the food became adulterated shall be liable for all costs and expenses incurred by the Department of Consumer Protection in investigating, containing, removing, monitoring, mitigating and disposing of such adulterated food, as well as any associated legal expenses. If such adulteration was caused by the discharge, spillage or uncontrolled loss of a food product, the person who maintained physical custody of the food at the time the food became adulterated shall be liable for all associated costs and expenses of cleanup and disposal. Upon request of the Commissioner of Consumer Protection, the Attorney General may bring a civil action to recover all such costs and expenses.

(b) In accordance with sections 21a-116 and 21a-118 of the general statutes, the commissioner or the commissioner's authorized agent may investigate and take samples of foods. In addition to the seizure powers granted to the commissioner pursuant to section 21a-96 of general statutes, the commissioner or the commissioner's authorized agent may seize, condemn, destroy, or in any other manner render unsalable, any adulterated foods he or she deems to be poisonous, deleterious to public health or otherwise unsafe.

(c) If the person who maintained physical custody of the food at the time the food became adulterated cannot be reasonably identified or contacted by the department, the commissioner may contract with a third party to contain, remove and dispose of the adulterated food to mitigate the impact on public health and safety.

Sec. 14. Subsection (a) of section 20-633b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) As used in this section:

(1) "Medical order" means a written, oral or electronic order by a prescribing practitioner, as defined in section 20-14c, for a drug to be dispensed by a pharmacy for administration to a patient;

(2) "Sterile compounding pharmacy" means a pharmacy, as defined in section [20-594, or] 20-571, as amended by this act, a nonresident pharmacy registered pursuant to section 20-627, that dispenses or compounds sterile pharmaceuticals; and

(3) "Sterile pharmaceutical" means any dosage form of a drug, including, but not limited to, parenterals, injectables, surgical irrigants and ophthalmics devoid of viable microorganisms.

Sec. 15. Subsection (d) of section 42-200 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(d) A funeral service establishment shall maintain a copy of all funeral service contracts entered into or assigned to such establishment. [and a] A funeral service establishment shall also maintain an electronic list of each escrow account or insurance policy established pursuant to such contracts. Such electronic list shall be maintained in an electronically readable format and shall include (1) the name and address of the escrow agent and the dates and amount of funds deposited with such agent, or the name and address of the insurance company issuing the individual or group life insurance policy, [and] (2) the name and address of the purchaser of the funeral services contract, (3) the name, address, date of birth and Social Security number of the beneficiary, and (4) the value of the contract at the time of the inception of the contract and a listing of any additional payments made pursuant to the contract. Such contracts shall be maintained by the funeral service establishment for a period of six years after the completion of the contracted services. Such establishment shall disclose such information, upon request, to the Commissioner of Public Health, the Commissioner of Consumer Protection, the Commissioner of Social Services or the Attorney General.

Sec. 16. Subsection (e) of section 20-417b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(e) All certificates issued under the provisions of this chapter shall expire biennially and may be renewed by the applicant not later than six months after the expiration date of such certificate. The fee for renewal of a certificate shall be the same as charged for the original application but shall be charged on a pro rata basis, based upon the application date for such renewal.

Sec. 17. (NEW) (Effective January 1, 2018) (a) No person shall utilize automated ticket purchasing software to purchase tickets on an Internet web site. For purposes of this section, "automated ticket purchasing software" means a device, computer program or computer software that enables the automated purchase of tickets to entertainment events by bypassing or rendering inoperable security measures on an Internet web site offering the sale of tickets to entertainment events.

(b) A violation of any provision of subsection (a) of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce pursuant to subsection (a) of section 42-110b of the general statutes. "

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

Section 1

July 1, 2017

21a-7

Sec. 2

July 1, 2017

21a-8(a)

Sec. 3

July 1, 2017

30-17(a)

Sec. 4

July 1, 2017

20-312

Sec. 5

July 1, 2017

21a-150f

Sec. 6

July 1, 2017

21a-11

Sec. 7

July 1, 2017

20-571

Sec. 8

July 1, 2017

21a-70

Sec. 9

July 1, 2017

20-579

Sec. 10

October 1, 2017

20-330(13)

Sec. 11

July 1, 2017

20-672

Sec. 12

July 1, 2017

21a-4

Sec. 13

July 1, 2017

New section

Sec. 14

July 1, 2017

20-633b(a)

Sec. 15

July 1, 2018

42-200(d)

Sec. 16

July 1, 2017

20-417b(e)

Sec. 17

January 1, 2018

New section

On the motion of Senator Leone of the 27th, the bill as amended by Senate Amendment Schedule “A” (LCO 7837) was placed on Consent Calendar No. 3.

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.

JUDICIARY. Substitute for S. B. No. 1040 (RAISED) (File No. 712) AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION AND LOCAL POLICE DEPARTMENTS OF THE RELEASE OF A JUVENILE SEXUAL OFFENDER.

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

Remarking were Senators McLachlan of the 24th and Winfield of the 10th.

Senator Doyle of the 9th offered Senate Amendment Schedule “A” (LCO 7929) and moved adoption.

Remarking were Senators Kissel of the 7th and Winfield of the 10th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 40 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 31

Those voting Nay 5

Those absent and not voting 0

On the roll call vote, Senate Amendment Schedule “A” (LCO 7929) 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

   

N

22

MARILYN MOORE

 

Y

 

5

BETH BYE

   

N

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

   

N

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

The following is the Amendment:

In line 18, after "offense" add ", provided said division has notified any victim of such offense and such victim does not object to the provision of such information to the superintendent"

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

"Sec. 501. (Effective from passage) (a) Not later than January 1, 2018, the Commissioner of Education, in consultation with the Court Support Services Division of the Judicial Department, shall develop a model policy concerning children in or reentering a local or regional school district who have been convicted as delinquent, as described in section 46b-120 of the general statutes, for a violation of section 53a-70 of the general statutes, 53a-70a of the general statutes, 53a-70c of the general statutes, 53a-71 of the general statutes, 53a-72a of the general statutes or 53a-72b of the general statutes, or for committing a felony offense that the court finds was committed for a sexual purpose, as described in section 54-250 of the general statutes.

(b) Such model policy shall include recommendations (1) concerning any such child convicted as delinquent for the offenses enumerated in subsection (a) of this section that may best assist such child in his or her educational setting, and (2) to ensure the safety and well-being of any known victim who attends a school in the same school district as the child convicted as delinquent. Such model policy shall dictate with whom the superintendent for the local or regional school district may share any information provided to the superintendent pursuant to section 1 of this act, and how such information shall otherwise be confidential. "

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

Sec. 501

from passage

New section

The chair ordered the vote be taken by roll call on the bill as amended by Senate Amendment Schedule “A” (LCO 7929).

The following is the result of the vote at 11: 43 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 as amended by Senate Amendment Schedule “A” (LCO 7929) 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

   

N

22

MARILYN MOORE

 

Y

 

5

BETH BYE

   

N

23

EDWIN A. GOMES

   

N

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

   

N

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 REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 3

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 3.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 870 (RAISED) (File No. 371) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE BOARD OF REGENTS FOR HIGHER EDUCATION.

Senator Bye of the 5th explained the bill, offered Senate Amendment Schedule “A” (LCO 7678) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 7678) was adopted.

The following is the Amendment:

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

"Section 1. Section 10a-17 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [Board of Regents for] Office of Higher Education shall (a) be responsible for obtaining information on new programs and methods of education that are being developed in the public schools and colleges of the state and nation, keeping such records current and publicizing information concerning these programs; and (b) encourage and aid in the development of new and improved programs and methods of education in order to recruit, prepare and train or retrain personnel needed in such programs.

Sec. 2. Section 10a-19e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established an "Engineering Connecticut" loan reimbursement grant program, administered by the [Board of Regents for] Office of Higher Education, for persons who have graduated from institutions of higher education with undergraduate or graduate degrees in engineering.

(b) Within available appropriations, the program shall provide student loan reimbursement grants for persons who (1) attended any institution of higher education, (2) have been awarded an undergraduate or graduate degree in engineering, and (3) are newly employed in Connecticut on or after January 1, 2006, as engineers.

(c) Persons who qualify under subsection (b) of this section shall be reimbursed on an annual basis for qualifying student loan payments in amounts as determined by the [president of the Connecticut State Colleges and Universities] executive director of the Office of Higher Education. A person qualifying under subsection (b) of this section shall only be reimbursed for loan payments made while such person is employed in the state as an engineer. The [Board of Regents for] Office of Higher Education shall develop eligibility requirements for recipients of such reimbursements. Such requirements may include income guidelines. Persons may apply for grants to the [Board of Regents for] Office of Higher Education at such time and in such manner as the [president of the Connecticut State Colleges and Universities] executive director of the Office of Higher Education prescribes.

(d) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

(e) The [Board of Regents for] Office of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion and recruitment activities.

Sec. 3. Section 10a-19f of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a "You Belong" loan reimbursement grant program, administered by the [Board of Regents for] Office of Higher Education, for graduates of doctoral programs who are employed in Connecticut in economically valuable fields.

(b) Within available appropriations, the program shall provide student loan reimbursement grants for persons who (1) have been awarded a doctoral degree from any institution of higher education, and (2) are newly employed in Connecticut in an economically valuable field, as determined by the Department of Economic and Community Development, on or after January 1, 2006, by a company or an institution of higher education that has registered with or otherwise been qualified under the program by the Department of Economic and Community Development.

(c) Persons who qualify under subsection (b) of this section shall receive reimbursement grants on an annual basis for qualifying student loan payments in amounts as determined by the [president of the Connecticut State Colleges and Universities] executive director of the Office of Higher Education. A person qualifying under subsection (b) of this section shall only be reimbursed for loan payments made while such person is employed in Connecticut by a qualifying company or in research at an institution of higher education in an economically valuable field. The [Board of Regents for] Office of Higher Education shall develop eligibility requirements for recipients of such reimbursement grants in consultation with the Department of Economic and Community Development. Such requirements may include income guidelines. Persons may apply for grants to the [Board of Regents for] Office of Higher Education at such time and in such manner as the [president of the Connecticut State Colleges and Universities] executive director of the Office of Higher Education prescribes.

(d) Any unexpended funds appropriated for purposes of this section shall not lapse at the end of the fiscal year but shall be available for expenditure during the next fiscal year.

(e) The [Board of Regents for] Office of Higher Education may use up to two per cent of the funds appropriated for purposes of this section for program administration, promotion and recruitment activities.

Sec. 4. Section 10a-19i of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in subsections (a) to (e), inclusive, of this section:

(1) "Green technology" means technology that (A) promotes clean energy, renewable energy or energy efficiency, (B) reduces greenhouse gases or carbon emissions, or (C) involves the invention, design and application of chemical products and processes to eliminate the use and generation of hazardous substances;

(2) "Life science" means the study of genes, cells, tissues and chemical and physical structures of living organisms and biomedical engineering and the manufacture of medical devices; and

(3) "Health information technology" means the creation, execution or implementation of electronic data systems that record or transmit medical or health information.

(b) There is established a Connecticut green technology, life science and health information technology loan reimbursement program to be administered by the [Board of Regents for] Office of Higher Education.

(c) A Connecticut resident who graduated on or after May 1, 2010, from an institution of higher education in this state with a bachelor's degree in a field relating to green technology, life science or health information technology and who has been employed in this state for at least two years after graduation by a business in the field of green technology, life science or health information technology and whose federal adjusted gross income for the year prior to the initial reimbursement year does not exceed one hundred fifty thousand dollars shall be eligible for reimbursement of federal or state educational loans up to a maximum of two thousand five hundred dollars per year or five per cent of the amount of such loans per year, whichever is less, for up to four years.

(d) A Connecticut resident who graduated on or after May 1, 2010, from an institution of higher education in this state with an associate degree relating to green technology, life science or health information technology and who has been employed in this state for at least two years after graduation by a business in the field of green technology, life science or health information technology and whose federal adjusted gross income for the year prior to the initial reimbursement year does not exceed one hundred fifty thousand dollars shall be eligible for reimbursement of federal or state educational loans up to a maximum of two thousand five hundred dollars per year or five per cent of the amount of such loans per year, whichever is less, for up to two years.

(e) Notwithstanding the provisions of subsections (c) and (d) of this section, the total combined dollar value of loan reimbursements available under this and any other provision of the general statutes shall not exceed five thousand dollars per recipient of an associate degree and ten thousand dollars per recipient of a bachelor's degree.

(f) The [Board of Regents for] Office of Higher Education may adopt regulations, in accordance with the provisions of chapter 54, to carry out the provisions of subsections (a) to (e), inclusive, of this section.

Sec. 5. Section 10a-55g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The [Board of Regents for] Office of Higher Education, in consultation with the Department of Education, shall annually prepare and publish on the [Board of Regents for] Office of Higher Education's web site a list of every green jobs course and green jobs certificate and degree program offered by technical high schools and public institutions of higher education and an inventory of green jobs related equipment used by such schools and institutions of higher education.

Sec. 6. Section 10a-144 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[(a)] There is established a higher education center for the central Naugatuck Valley region. The regional community-technical college established for the greater Waterbury area pursuant to subsection (g) of section 10a-78, shall be located at such center. The University of Connecticut shall have access to classrooms, faculty office space and concurrent and cooperative use of common student facilities including, but not limited to, library and athletic fields, at such center. The Board of Trustees for the Regional Community-Technical Colleges and the Board of Trustees for The University of Connecticut shall jointly develop, in conjunction with the president of the Connecticut State Colleges and Universities, or his designee, an annual joint use plan for such center. On or before September 1, 1993, and annually thereafter, the president of the Connecticut State Colleges and Universities shall call and convene an initial meeting for the development of such plan.

[(b) On or before April 1, 1994, and annually thereafter, the Board of Trustees for the Regional Community-Technical Colleges and the Board of Trustees for The University of Connecticut shall jointly report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to education on the joint use plan developed pursuant to subsection (a) of this section. ]

Sec. 7. Section 10a-20a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The Office of Higher Education may establish and administer a fund to be known as the Endowed Chair Investment Fund. Within the limits of funds available, the office may approve an application, submitted pursuant to subsection (b) of this section, for the establishment of an endowed chair and deposit state funds for [an] such endowed chair [approved under subsection (c) of this section] to an account within said fund in an amount not less than five hundred thousand dollars.

(b) [State funds deposited by the office to the Endowed Chair Investment Fund shall be invested by the State Treasurer. ] The Board of Trustees of The University of Connecticut and the Board of Trustees of the Connecticut State University System may submit an application for the establishment of an endowed chair to be supported by a grant of not less than five hundred thousand and not more than one million dollars from the Endowed Chair Investment Fund and a matching nonstate contribution. Applications for endowed chairs shall be accepted on October first and April first in each year in which funds are available. To apply for the state grant, the board of trustees shall notify the office that it has raised a matching nonstate contribution and that it is eligible for a grant of state funds to establish an endowed chair in a specific academic discipline. The board of trustees shall submit for the office's review and approval evidence that the chair will be established in a center of excellence, as defined in subsection (b) of section 10a-25h.

[(c) The Board of Trustees of The University of Connecticut and the Board of Trustees of the Connecticut State University System may apply for the establishment of an endowed chair to be supported by a grant of not less than five hundred thousand and not more than one million dollars from the Endowed Chair Investment Fund and a matching nonstate contribution. Applications for endowed chairs shall be accepted on October first and April first in each year in which funds are available. To apply for the state grant, the board of trustees shall notify the office that it has raised a matching nonstate contribution and that it is eligible for a grant of state funds to establish an endowed chair in a specific academic discipline. The board of trustees shall submit for the office's review and approval evidence that the chair will be established in a center of excellence, as defined in subsection (b) of section 10a-25h. ] (c) Following approval of an application for an endowed chair by the office, the board of trustees of the institution at which such endowed chair is established shall select candidates to fill such endowed chair and shall develop a budget for expenditures associated with such endowed chair.

(d) [Following approval of state funding for an endowed chair by the office, the board of trustees of the institution at which the chair is established shall select candidates to fill the endowed chair and shall develop a budget for expenditures associated with the chair. ] Any state funds deposited by the office to the Endowed Chair Investment Fund shall be invested by the State Treasurer, except a duly established foundation of The University of Connecticut or the Connecticut State University System, as appropriate, may request the office to transfer any state funds relating to an approved application for an endowed chair to such duly established foundation for the purpose of investing such state funds in accordance with the provisions of subsection (f) of this section.

(e) [Interest income earned under subsection (b)] Any interest income earned on state funds invested by the State Treasurer pursuant to subsection (d) of this section shall be deposited to the Endowed Chair Investment Fund and, following establishment of an endowed chair under [subsection (c) of] this section shall be allocated annually, upon request, to The University of Connecticut or to the Connecticut State University System, as appropriate, to support the endowed chair. Nonstate matching contributions shall be held by a duly established foundation of The University of Connecticut or the Connecticut State University System and the interest on such contributions shall be used to support the endowed chair.

(f) [The boards of trustees shall submit annual reports to the office concerning endowed chair expenditures. ] For the fiscal year ending June 30, 2018, and each fiscal year thereafter, The University of Connecticut or the Connecticut State University System may request, and the office shall transfer, any state funds deposited in the Endowed Chair Investment Fund to a duly established foundation of The University of Connecticut or the Connecticut State University System, as appropriate, for an endowed chair established under this section. Such duly established foundation shall invest such state funds, and any interest income earned on such state funds shall be used to support the endowed chair. Such duly established foundation shall (1) account for such state funds separately from the nonstate matching contributions, (2) hold such state funds as a permanently restricted asset for the endowed chair, and (3) manage such state funds in accordance with the Connecticut Uniform Prudent Management of Institutional Funds Act (UPMIFA), pursuant to sections 45a-535 to 45a-535i, inclusive, and in a manner consistent with such foundation's investment and expenditure policies. No interest income earned from the state funds in any fiscal year shall be used to support the endowed chair when, at the close of the fiscal year, the market value of such state funds is less than the principal value. At the close of the fiscal year, such duly established foundation shall restore the original amount of state funds deposited in the Endowed Chair Investment Fund to a duly established foundation of The University of Connecticut or the Connecticut State University System, as appropriate, at the beginning of the next fiscal year.

(g) The boards of trustees shall submit annual reports, in accordance with the provisions of section 11-4a, to the office and the joint standing committee of the General Assembly having cognizance of matters relating to higher education concerning the management of the endowed chair. For a duly established foundation administering an endowed chair in a manner described in subsection (e) of this section, such report shall include, but not be limited to, the expenditures of the endowed chair. For a duly established foundation administering an endowed chair in a manner described in subsection (f) of this section, such report shall include, but not be limited to, (1) expenditures, (2) the balance of state funds in each of the two previous fiscal years, (3) the balance of nonstate matching contributions in each of the two previous fiscal years, and (4) the amount of interest income earned for the state funds and nonstate matching contributions for the previous fiscal year.

Sec. 8. Section 10a-132a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

The Board of [Regents for Higher Education] Trustees of The University of Connecticut shall establish at The University of Connecticut Health Center an endowed chair in infectious diseases in accordance with the provisions of subsections (a) [, (b), (d), (e) and (f)] and (c) to (g), inclusive, of section 10a-20a, as amended by this act. The purpose of this endowed chair will be to support a senior faculty member in the school of medicine who will direct programs in teaching, research and patient care in the area of infectious diseases. This chair will provide support for an investigator or investigators who will coordinate research activities into the microbiologic, immunologic and clinical aspects of infectious diseases, including acquired immune deficiency syndrome, at The University of Connecticut Health Center and its affiliated institutions. The investigators will provide a link between ongoing basic science research in infectious diseases and the clinical application of the new knowledge that is being generated. This position will be a focal point for infectious disease research in Connecticut.

Sec. 9. Section 10a-16 of the general statutes is repealed. (Effective from passage)"

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

Section 1

from passage

10a-17

Sec. 2

from passage

10a-19e

Sec. 3

from passage

10a-19f

Sec. 4

from passage

10a-19i

Sec. 5

from passage

10a-55g

Sec. 6

from passage

10a-144

Sec. 7

July 1, 2017

10a-20a

Sec. 8

July 1, 2017

10a-132a

Sec. 9

from passage

Repealer section

On the motion of Senator Bye of the 5th, the bill as amended by Senate Amendment Schedule “A” (LCO 7678) was placed on Consent Calendar No. 3.

PUBLIC HEALTH. S. B. No. 35 (COMM) (File No. 299) AN ACT CONCERNING BEVERAGES WITH ADDED SUGARS, SWEETENERS AND ARTIFICIAL SWEETENERS, AND OBESITY.

Senator Gerratana of the 6th explained the bill and moved passage.

On the motion of Senator Gerratana of the 6th, the bill was placed on Consent Calendar No. 3.

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.

GENERAL LAW. Substitute for H. B. No. 7114 (RAISED) (File Nos. 134 and 481) AN ACT CONCERNING THE SALE OF ENTERTAINMENT EVENT TICKETS ON THE SECONDARY MARKET. (As amended by House Amendment Schedule "A").

Senator Witkos of the 8th explained the bill and moved passage.

Remarking were Senators Leone of the 27th and Bye of the 5th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 11: 59 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 31

Those voting Nay 5

Those absent and not voting 0

On the roll call vote 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

   

N

22

MARILYN MOORE

 

Y

 

5

BETH BYE

   

N

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

   

N

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

   

N

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

   

N

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

BILL PLACED ON CONSENT CALENDAR NO. 3

The following bill was taken from the table, read the third time, the report of the Committee accepted and the bill placed on Consent Calendar No. 3.

EDUCATION. S. B. No. 949 (RAISED) (File No. 565) AN ACT CREATING AN ADVISORY COUNCIL RELATING TO DIGITAL CITIZENSHIP, INTERNET SAFETY AND MEDIA LITERACY.

Senator Slossberg of the 14th explained the bill, offered Senate Amendment Schedule “A” (LCO 7910) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 7910) was adopted.

The following is the Amendment:

In line 11, after "resources. " insert "Notwithstanding the provisions of section 2-15 of the general statutes, no member of the council shall receive mileage reimbursement or a transportation allowance for traveling to a meeting of the council. "

Remarking were Senators Suzio of the 13th, Boucher of the 26th, Miner of the 30th and Gerratana of the 6th.

On the motion of Senator Slossberg of the 14th, the bill as amended by Senate Amendment Schedule “A” (LCO 7910) was placed on Consent Calendar No. 3.

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.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 948 (RAISED) (File No. 375) AN ACT CONCERNING DIGITAL DISCOUNTS TO REDUCE THE COST OF TEXTBOOKS AND OTHER EDUCATIONAL RESOURCES.

Senator Linares of the 33rd explained the bill, offered Senate Amendment Schedule “A” (LCO 7920) and moved adoption.

Remarking was Senator Bye of the 5th.

On a voice vote, Senate Amendment Schedule “A” (LCO 7920) was adopted.

The following is the Amendment:

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

"Section 1. (NEW) (Effective January 1, 2018) The Office of Higher Education and the constituent units of the state system of higher education, as defined in section 10a-1 of the general statutes, may each establish guidelines that encourage institutions of higher education in this state to implement programs that reduce the cost of textbooks and other educational resources for students.

Sec. 2. (NEW) (Effective July 1, 2017) (a) For the purposes of this section:

(1) "Qualified contract" means a purchase contract entered into (A) pursuant to subsection (a) of section 10a-151b of the general statutes, and (B) by the chief executive officer of a constituent unit of the state system of higher education or the chief executive officer of an institution within the jurisdiction of such a unit;

(2) "Purchase contract" means a contract for the purchase of equipment, supplies or contractual services, a personal service agreement, as defined in section 4-212 of the general statutes, or a lease of personal property;

(3) "Revenue contract" means a contract entered into by a chief executive officer with another entity where the constituent unit or an institution within the jurisdiction of such a unit is receiving monetary consideration from the other entity;

(4) "Nonmonetary contract" means a contract entered into by a chief executive officer with another entity where neither the constituent unit or institution or the other entity provides monetary consideration;

(5) "State and certain other institutional funds" means any (A) funds appropriated or bonds authorized by the General Assembly, (B) revenue generated from tuition, (C) funds collected from student fees, housing fees or dining services, (D) revenue generated from athletic sponsorship deals or ticket sales, or (E) revenue collected from the clinical operations of The University of Connecticut Health Center and the John Dempsey Hospital; and

(6) "Chief executive officer" has the same meaning as provided in section 10a-151b of the general statutes, as amended by this act.

(b) The provisions of sections 4-252 and 4a-81 of the general statutes, as amended by this act, shall not apply to:

(1) Any qualified contract entered into or amended on or after July 1, 2017, that: (A) Does not involve the expenditure of state and certain other institutional funds, (B) is for the purchase of equipment, supplies or services or the lease of personal property (i) to be used outside of the United States, and (ii) where the other party to the contract is located outside of the United States, or (C) is a collaboration with another entity and involves at least two of the following: (i) Philanthropic support, (ii) sponsored research, (iii) research collaboration, (iv) employment opportunities for students, or (v) some other substantial value to the constituent unit or the state; or

(2) Any revenue contract or nonmonetary contract entered into by the chief executive officer that is not a qualified contract.

Sec. 3. (NEW) (Effective July 1, 2017) (a) (1) On and after July 1, 2017, the Board of Trustees of The University of Connecticut may adopt, and update as necessary, policies relating to the process for entering into or amending a qualified contract, as described in subdivision (1) of subsection (b) of section 2 of this act, provided the board of trustees provides a reasonable opportunity for interested persons to present their views on such policies prior to adoption, and such policies are subject to the provisions of section 4-175 of the general statutes. The board of trustees shall post such policies on its Internet web site.

(2) On and after July 1, 2017, the Board of Regents for Higher Education may adopt, and update as necessary, policies relating to the process for entering into or amending a qualified contract, as described in subdivision (1) of subsection (b) of section 2 of this act, provided the board provides a reasonable opportunity for interested persons to present their views on such policies prior to adoption, and such policies are subject to the provisions of section 4-175 of the general statutes. The board shall post such policies on its Internet web site.

(3) Nothing in this subsection shall exempt a constituent unit from complying with the provisions of title 4e of the general statutes applicable to constituent units, provided any policies adopted pursuant to this section shall supersede any regulations of Connecticut state agencies adopted pursuant to section 4e-47 of the general statutes.

(b) Not later than January 1, 2018, and annually thereafter, The University of Connecticut and the Board of Regents for Higher Education shall each submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to higher education and government administration. Such report shall include, but need not be limited to, (1) any policies adopted pursuant to this section, (2) a description of any revisions or amendments made in the previous fiscal year to any previously adopted policies, and (3) a description of each contract entered into or amended in the previous fiscal year pursuant to such policies.

Sec. 4. Subsections (b) and (c) of section 10a-151b of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(b) [Purchases] Except as provided in subsection (c) of this section, purchases made pursuant to this section shall be based, when possible, on competitive bids or competitive negotiation. Such chief executive officer shall solicit competitive bids or proposals by sending notice to prospective suppliers and by posting notice on a public bulletin board in such officer's office. Such notice shall contain a notice of state contract requirements pursuant to section 4a-60. Each bid or proposal shall be kept sealed until opened publicly at the time stated in the notice soliciting such bid or proposal. Sealed bids or proposals shall include bids or proposals sealed within an envelope or maintained within a safe and secure electronic environment until such time as they are publicly opened. If the amount of the expenditure is estimated to exceed fifty thousand dollars, not later than five calendar days before the final date of submitting competitive bids or proposals, competitive bids or proposals shall be solicited by public notice posted on the Internet. All purchases fifty thousand dollars or less in amount shall be made in the open market, but shall, when possible, be based on at least three competitive quotations. If desired by the constituent unit, competitive quotations may include quotations submitted to the constituent unit within a safe and secure electronic environment. The constituent unit shall not refuse to consider a bid, proposal or quotation because it is not submitted electronically.

(c) [Notwithstanding the provisions of subsection (b) of this section, competitive] Competitive bidding or competitive negotiation is not required in the case of (1) minor purchases of ten thousand dollars or less in amount, (2) purchases made pursuant to subsection (k) of this section, (3) emergency purchases, [or] (4) agricultural purchases of dairy products, poultry, farm-raised seafood, beef, pork, lamb, eggs, fruits, vegetables or other farm products in an amount of fifty thousand dollars or less, or (5) a qualified contract, as described in subdivision (1) of subsection (b) of section 2 of this act, that is entered into pursuant to the policies adopted by either the Board of Trustees of The University of Connecticut or the Board of Regents for Higher Education pursuant to section 3 of this act. Whenever an emergency exists by reason of extraordinary conditions or contingencies that could not reasonably be foreseen and guarded against, or because of unusual trade or market conditions, the chief executive officer may, if it is for the best interest of the state, make purchases without competitive bidding. A statement of all emergency purchases made under the provisions of this subsection shall be set forth in the annual report of the chief executive officer. The chief executive officer, when making an agricultural purchase in accordance with subdivision (4) of this subsection, shall give preference to dairy products, poultry, farm-raised seafood, beef, pork, lamb, eggs, fruits, vegetables or other farm products grown or produced in this state when such products, poultry, farm-raised seafood, beef, pork, lamb, eggs, fruits or vegetables are comparable in cost to other dairy products, poultry, eggs, fruits or vegetables being considered for purchase by the chief executive officer that have not been grown or produced in this state.

Sec. 5. Section 1-101qq of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) [A] Except as provided in section 11 of this act, a state agency or institution or quasi-public agency that is seeking a contractor for a large state construction or procurement contract shall provide the summary of state ethics laws developed by the Office of State Ethics pursuant to section 1-81b to any person seeking a large state construction or procurement contract. Such person shall affirm to the agency or institution, in writing or electronically, (1) receipt of such summary, and (2) that key employees of such person have read and understand the summary and agree to comply with the provisions of state ethics law. After the initial submission of such affirmation, such person shall not be required to resubmit such affirmation unless there is a change in the information contained in the affirmation. If there is any change in the information contained in the most recently filed affirmation, such person shall submit an updated affirmation either (A) not later than thirty days after the effective date of any such change, or (B) upon the submittal of any new bid or proposal, whichever is earlier. No state agency or institution or quasi-public agency shall accept a bid or proposal for a large state construction or procurement contract without such affirmation.

(b) [Prior] Except as provided in section 11 of this act, prior to entering into a contract with any subcontractors or consultants, each large state construction or procurement contractor shall (1) provide the summary of state ethics laws described in subsection (a) of this section to all subcontractors and consultants, and (2) obtain an affirmation from each subcontractor and consultant that such subcontractor and consultant has received such summary and key employees of such subcontractor and consultant have read and understand the summary and agree to comply with its provisions. The contractor shall provide such affirmations to the state agency, institution or quasi-public agency not later than fifteen days after the request of such agency, institution or quasi-public agency for such affirmation. Failure to submit such affirmations in a timely manner shall be cause for termination of the large state construction or procurement contract.

(c) Each contract with a contractor, subcontractor or consultant described in subsection (a) or (b) of this section shall incorporate such summary by reference as a part of the contract terms.

Sec. 6. Section 4-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) [On] Except as provided in section 2 of this act, on and after July 1, 2006, no state agency or quasi-public agency shall execute a large state contract unless the state agency or quasi-public agency obtains the written or electronic certification described in this section. Each such certification shall be sworn as true to the best knowledge and belief of the person signing the certification, subject to the penalties of false statement. If there is any change in the information contained in the most recently filed certification, such person shall submit an updated certification either (1) not later than thirty days after the effective date of any such change, or (2) upon the submittal of any new bid or proposal for a large state contract, whichever is earlier. Such person shall also submit to the state agency or quasi-public agency an accurate, updated certification not later than fourteen days after the twelve-month anniversary of the most recently filed certification or updated certification.

(b) The official or employee of such state agency or quasi-public agency who is authorized to execute state contracts shall certify that the selection of the most qualified or highest ranked person, firm or corporation was not the result of collusion, the giving of a gift or the promise of a gift, compensation, fraud or inappropriate influence from any person.

(c) Any principal or key personnel of the person, firm or corporation submitting a bid or proposal for a large state contract shall certify:

(1) That no gifts were made by (A) such person, firm, corporation, (B) any principals and key personnel of the person, firm or corporation, who participate substantially in preparing bids, proposals or negotiating state contracts, or (C) any agent of such person, firm, corporation or principals and key personnel, who participates substantially in preparing bids, proposals or negotiating state contracts, to (i) any public official or state employee of the state agency or quasi-public agency soliciting bids or proposals for state contracts, who participates substantially in the preparation of bid solicitations or requests for proposals for state contracts or the negotiation or award of state contracts, or (ii) any public official or state employee of any other state agency, who has supervisory or appointing authority over such state agency or quasi-public agency;

(2) That no such principals and key personnel of the person, firm or corporation, or agent of such person, firm or corporation or principals and key personnel, knows of any action by the person, firm or corporation to circumvent such prohibition on gifts by providing for any other principals and key personnel, official, employee or agent of the person, firm or corporation to provide a gift to any such public official or state employee; and

(3) That the person, firm or corporation is submitting bids or proposals without fraud or collusion with any person.

(d) Any bidder or proposer that does not make the certification required under this section shall be disqualified and the state agency or quasi-public agency shall award the contract to the next highest ranked proposer or the next lowest responsible qualified bidder or seek new bids or proposals.

(e) Each state agency and quasi-public agency shall include in the bid specifications or request for proposals for a large state contract a notice of the certification requirements of this section.

Sec. 7. Section 4a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) [Every] Except as provided in section 9 of this act, every contract to which an awarding agency is a party, every quasi-public agency project contract and every municipal public works contract shall contain the following provisions:

(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved;

(2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the Commission on Human Rights and Opportunities;

(3) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, 46a-68e, 46a-68f and 46a-86; and

(5) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor as relate to the provisions of this section and section 46a-56.

(b) If the contract is a public works contract, municipal public works contract or contract for a quasi-public agency project, the contractor agrees and warrants that he or she will make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works or quasi-public agency project.

(c) Except as provided in section 9 of this act:

(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at less than fifty thousand dollars for each year of the contract, shall provide the awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section, provided if there is any change in such representation, the contractor shall provide the updated representation to the awarding agency or commission not later than thirty days after such change.

(2) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, shall provide the awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with any one of the following:

(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;

(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the awarding agency, or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights and Opportunities or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or

(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.

(3) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the awarding agency, municipality or entity, as applicable, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the awarding agency or commission, as applicable, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the awarding agency or commission, as applicable, is current and accurate.

(d) For the purposes of this section, "contract" includes any extension or modification of the contract, "contractor" includes any successors or assigns of the contractor, "marital status" means being single, married as recognized by the state of Connecticut, widowed, separated or divorced, and "mental disability" means one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", or a record of or regarding a person as having one or more such disorders. For the purposes of this section, "contract" does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267, (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection.

(e) For the purposes of this section, "minority business enterprise" means any small contractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise, (2) who have the power to direct the management and policies of the enterprise, and (3) who are members of a minority, as such term is defined in subsection (a) of section 32-9n; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.

(f) Determination of the contractor's good faith efforts shall include, but shall not be limited to, the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the Commission on Human Rights and Opportunities may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.

(g) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the Commission on Human Rights and Opportunities, of its good faith efforts.

(h) The contractor shall include the provisions of subsections (a) and (b) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contract or contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer, unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.

Sec. 8. Section 4a-60a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) [Every] Except as provided in section 9 of this act, every contract to which an awarding agency is a party, every contract for a quasi-public agency project and every municipal public works contract shall contain the following provisions:

(1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and that employees are treated when employed without regard to their sexual orientation;

(2) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment;

(3) The contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said commission pursuant to section 46a-56; and

(4) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which relate to the provisions of this section and section 46a-56.

(b) Except as provided in section 9 of this act:

(1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at less than fifty thousand dollars for each year of the contract, shall provide the awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with a written representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section.

(2) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project, where any such contract is valued at fifty thousand dollars or more for any year of the contract, shall provide such awarding agency, or in the case of a municipal public works or quasi-public agency project contract, the Commission on Human Rights and Opportunities, with any of the following:

(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;

(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the awarding agency, or a designee, or in the case of a municipal public works or quasi-public agency project contract, the executive director of the Commission on Human Rights and Opportunities or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or

(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.

(3) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the awarding agency, municipality, or entity, as applicable, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the awarding agency or commission, as applicable, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the awarding agency or commission, as applicable, is current and accurate.

[(4)] (c) For the purposes of this section, "contract" includes any extension or modification of the contract, and "contractor" includes any successors or assigns of the contractor. For the purposes of this section, "contract" does not include a contract where each contractor is [(A)] (1) a political subdivision of the state, including, but not limited to, a municipality, unless the contract is a municipal public works contract or quasi-public agency project contract, [(B)] (2) any other state, as defined in section 1-267, [(C)] (3) the federal government, [(D)] (4) a foreign government, or [(E)] (5) an agency of a subdivision, state or government described in [subparagraph (A), (B), (C) or (D) of this subdivision] subdivision (1), (2), (3) or (4) of this subsection.

[(c)] (d) The contractor shall include the provisions of subsection (a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contractor contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. The contractor shall take such action with respect to any such subcontract or purchase order as the commission may direct as a means of enforcing such provisions, including sanctions for noncompliance in accordance with section 46a-56; provided, if such contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the commission regarding a state contract, the contractor may request the state of Connecticut to enter into any such litigation or negotiation prior thereto to protect the interests of the state and the state may so enter.

Sec. 9. (NEW) (Effective July 1, 2017) For any qualified contract described in subdivision (1) of subsection (b) of section 2 of this act, and any revenue contract or nonmonetary contract that is not a qualified contract, as such terms are defined in section 2 of this act, that is entered into or amended on or after July 1, 2017, by the chief executive officer of the Board of Regents for Higher Education or the chief executive officer of an institution within the jurisdiction of the Board of Regents for Higher Education or by the chief executive officer of The University of Connecticut, the chief executive officer shall require such contract to either (1) comply with the provisions of subsection (c) of section 4a-60 of the general statutes, as amended by this act, and subsection (b) of section 4a-60a of the general statutes, as amended by this act, and set forth the full text of subdivisions (1) to (5), inclusive, of subsection (a) of section 4a-60 of the general statutes, as amended by this act, and subdivisions (1) to (4), inclusive, of subsection (a) of section 4a-60a of the general statutes, as amended by this act, or (2) set forth the following affirmation: "Each party agrees, as required by sections 4a-60 and 4a-60a of the Connecticut General Statutes, not to discriminate against any person on the basis of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, sexual orientation, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such party that such disability prevents performance of the work involved. Each party agrees to comply with all applicable federal and state of Connecticut nondiscrimination and affirmative action laws, including, but not limited to, sections 4a-60 and 4a-60a of the Connecticut General Statutes. ".

Sec. 10. Section 4a-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) [No] Except as provided in section 2 of this act, no state agency or quasi-public agency shall execute a contract for the purchase of goods or services, which contract has a total value to the state of fifty thousand dollars or more in any calendar or fiscal year, unless the state agency or quasi-public agency obtains the affidavit described in subsection (b) of this section.

(b) (1) Any principal or key personnel of a person, firm or corporation who submit bids or proposals for a contract described in subsection (a) of this section shall attest in an affidavit as to whether any consulting agreement has been entered into in connection with any such contract. Such affidavit shall be required if any duties of the consultant included communications concerning business of a state or quasi-public agency, whether or not direct contact with a state agency, state or public official or state employee was expected or made. As used in this section, "consulting agreement" means any written or oral agreement to retain the services, for a fee, of a consultant for the purposes of (A) providing counsel to a contractor, vendor, consultant or other entity seeking to conduct, or conducting, business with the state, (B) contacting, whether in writing or orally, any executive, judicial, or administrative office of the state, including any department, institution, bureau, board, commission, authority, official or employee for the purpose of solicitation, dispute resolution, introduction, requests for information, or (C) any other similar activity related to such contracts. "Consulting agreement" does not include any agreements entered into with a consultant who is registered under the provisions of chapter 10 as of the date such affidavit is submitted in accordance with the provisions of this section.

(2) Such affidavit shall be sworn as true to the best knowledge and belief of the person signing the certification on the affidavit and shall be subject to the penalties of false statement.

(3) Such affidavit shall include the following information for each consulting agreement listed: The name of the consultant, the consultant's firm, the basic terms of the consulting agreement, a brief description of the services provided, and an indication as to whether the consultant is a former state employee or public official. If the consultant is a former state employee or public official, such affidavit shall indicate his or her former agency and the date such employment terminated.

(4) After the initial submission of such affidavit, the principal or key personnel of the person, firm or corporation shall not be required to resubmit such affidavit unless there is a change in the information contained in such affidavit. If there is any change in the information contained in the most recently filed affidavit required under this section, the principal or key personnel of a person, firm or corporation who submit bids or proposals for a contract described in subsection (a) of this section shall submit an updated affidavit either (A) not later than thirty days after the effective date of any such change, or (B) upon the submittal of any new bid or proposal, whichever is earlier.

(c) Each state agency and quasi-public agency shall include a notice of the affidavit requirements of this section in the bid specifications or request for proposals for any contract that is described in subsection (a) of this section.

(d) [In the event that] If a bidder or vendor refuses to submit the affidavit required under subsection (b) of this section, such bidder or vendor shall be disqualified and the state agency or quasi-public agency shall award the contract to the next highest ranked vendor or the next lowest responsible qualified bidder or seek new bids or proposals.

Sec. 11. (NEW) (Effective July 1, 2017) Any qualified contract described in subdivision (1) of subsection (b) of section 2 of this act, and any revenue contract or nonmonetary contract that is not a qualified contract, as such terms are defined in section 2 of this act, that is (1) entered into or amended on or after July 1, 2017, by the chief executive officer of the Board of Regents for Higher Education, the chief executive officer of an institution within the jurisdiction of the Board of Regents for Higher Education or the chief executive officer of The University of Connecticut, and (2) a large state construction or procurement contract, as defined in section 1-101mm of the general statutes, shall not be required to comply with the provisions of section 1-101qq of the general statutes. If the chief executive officer of said board or such an institution opts to not comply with section 1-101qq of the general statutes for such a qualified, revenue or nonmonetary contract, the contract shall contain the following provision: "Any person who is a party to the contract, and any key employees, subcontractors and consultants working under the contract, shall comply with the provisions of the state code of ethics set forth in sections 1-84, 1-86e and 1-101nn of the general statutes. ". "

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

Section 1

January 1, 2018

New section

Sec. 2

July 1, 2017

New section

Sec. 3

July 1, 2017

New section

Sec. 4

July 1, 2017

10a-151b(b) and (c)

Sec. 5

July 1, 2017

1-101qq

Sec. 6

July 1, 2017

4-252

Sec. 7

July 1, 2017

4a-60

Sec. 8

July 1, 2017

4a-60a

Sec. 9

July 1, 2017

New section

Sec. 10

July 1, 2017

4a-81

Sec. 11

July 1, 2017

New section

Remarking was Senator McLachlan of the 24th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12: 20 a. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 31

Those voting Nay 5

Those absent and not voting 0

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 7920) 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

   

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

   

N

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

   

N

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

   

N

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 REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR NO. 3

The following bills were taken from the table, read the third time, the reports of the Committees accepted and the bills placed on Consent Calendar No. 3.

GOVERNMENT ADMINISTRATION AND ELECTIONS. Substitute for S. B. No. 1002 (RAISED) (File No. 622) AN ACT DESIGNATING VARIOUS DAYS, WEEKS, MONTHS AND STATE SYMBOLS AND NAMING A STATE OFFICE COMPLEX.

Senator McLachlan of the 24th explained the bill, offered Senate Amendment Schedule “A” (LCO 7934) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 7934) was adopted.

The following is the Amendment:

Strike section 3 in its entirety and renumber sections and internal references accordingly.

Senator Flexer of the 29th offered Senate Amendment Schedule “B” (LCO 7649) and moved adoption.

On a voice vote, Senate Amendment Schedule “B” (LCO 7649) was adopted.

The following is the Amendment:

Change the effective date of section 1 to "Effective upon the passage of a biennial budget for the biennium ending June 30, 2019"

On the motion of Senator McLachlan of the 24th, the bill as amended by Senate Amendment Schedules “A” (LCO 7934) and “B” (LCO 7649) was placed on Consent Calendar No. 3.

ENVIRONMENT. Substitute for S. B. No. 835 (RAISED) (File No. 409) AN ACT CONCERNING MINOR REVISIONS TO ENVIRONMENT-RELATED STATUTES AFFECTING VARIOUS PROGRAMS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.

Senator Kennedy of the 12th explained the bill, offered Senate Amendment Schedule “A” (LCO 7595) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 7595) was adopted.

The following is the Amendment:

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

"Sec. 501. Subsection (h) of section 22a-904a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(h) On or before [August 15, 2014] October 15, 2017, and annually thereafter, the representative organization shall submit a report to the Commissioner of Energy and Environmental Protection that details the paint stewardship program. Such report shall include, but not be limited to: (1) A description of the methods used to collect, transport and process postconsumer paint in this state; (2) the volume of postconsumer paint collected in this state; (3) the volume and type of postconsumer paint collected in this state by method of disposition, including reuse, recycling and other methods of processing; (4) the total cost of implementing the program, as determined by an independent financial audit, as performed by the independent auditor described in subdivision (1) of subsection (b) of this section and funded by the paint stewardship assessment; (5) an evaluation of the operation of the program's funding mechanism; and (6) samples of educational materials provided to consumers of architectural paint and an evaluation of the methods used to disseminate such materials. "

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

Sec. 501

from passage

22a-904a(h)

On the motion of Senator Kennedy of the 12th, the bill as amended by Senate Amendment Schedule “A” (LCO 7595) was placed on Consent Calendar No. 3.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. S. B. No. 572 (COMM) (File No. 435) AN ACT CONCERNING TUITION TRANSPARENCY AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION.

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

Remarking were Senators Boucher of the 26th and Bye of the 5th.

On the motion of Senator Linares of the 33rd, the bill was placed on Consent Calendar No. 3.

GOVERNMENT ADMINISTRATION AND ELECTIONS. S. B. No. 635 (COMM) (File No. 406) AN ACT EXTENDING THE DEADLINE FOR APPROVAL OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS.

Senator Flexer of the 29th explained the bill and moved passage.

Remarking were Senators McLachlan of the 24th and Leone of the 27th.

On the motion of Senator Flexer of the 29th, the bill was placed on Consent Calendar No. 3.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT REJECTED

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. 366 (COMM) (File No. 696) AN ACT REQUIRING A PARTY TO REIMBURSE THE STATE OR A MUNICIPALITY FOR THE WAGES OF AN EMPLOYEE WHO IS SUBPOENAED TO TESTIFY IN A LEGAL PROCEEDING.

Senator Kissel of the 7th explained the bill, offered Senate Amendment Schedule “A” (LCO 7583) and moved adoption.

Remarking were Senators Winfield of the 10th, McLachlan of the 24th and Fasano of the 34th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 1: 03 a. 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 Nay. On the roll call vote, Senate Amendment Schedule “A” (LCO 7583) 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

 

Y

 

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

 

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

The following is the Amendment:

Strike lines 65 to 84, inclusive, and insert the following in lieu thereof:

"(i) (1) When any municipal employee is summoned by a party to testify in his or her capacity as an employee of the municipality in any civil proceeding pending before the Superior Court or in any administrative proceeding, the party issuing the subpoena shall be responsible for reimbursing the municipality for the total amount of wages paid by the municipality to the employee for time spent by the employee attending the proceeding pursuant to the terms of the subpoena. (2) Not later than fourteen days after the date on which the employee testified in such proceeding, the municipality shall provide to the party who issued the subpoena a demand for payment that itemizes the wages paid to the employee for time spent attending the proceeding pursuant to the terms of the subpoena. (3) Not later than thirty days after the date of receipt of such demand for payment, the party issuing the subpoena shall remit to the municipality the moneys owed as set forth in the demand for payment.

(j) The provisions of subsection (i) of this section shall not apply when: (1) A state is a party to the action; (2) a municipal employee or the municipality employing such employee is a party to the action; or (3) a tax assessor, or an employee of the office of the tax assessor, is summoned to testify in a civil or administrative proceeding concerning a municipal property tax assessment appeal. "

On the motion of Senator Duff of the 25th, the bill was passed temporarily.

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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. S. B. No. 986 (RAISED) (File No. 536) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR MINOR AND TECHNICAL REVISIONS TO STATUTES CONCERNING GOVERNMENT ADMINISTRATION.

Senator Flexer of the 29th explained the bill and moved passage.

Senator Somers of the 18th offered Senate Amendment Schedule “A” (LCO 7938) and moved adoption.

On the motion of Senator Duff of the 25th, the bill was passed temporarily.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT ADOPTED

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.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 972 (RAISED) (File No. 380) AN ACT CONCERNING TUITION INTEGRITY AT FOR-PROFIT INSTITUTIONS OF HIGHER EDUCATION.

Senator Bye of the 5th explained the bill, offered Senate Amendment Schedule “A” (LCO 6720) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 6720) was adopted.

The following is the Amendment:

In line 3, strike "Pell grant awards and federal" and insert "financial aid" in lieu thereof

In line 4, strike "student loan dollars"

In line 6, strike "Pell grant awards and federal student loan dollars" and insert "financial aid" in lieu thereof

Remarking were Senators Linares of the 33rd, Hartley of the 15th, Suzio of the 13th, Berthel of the 32nd, Kelly of the 21st and Logan of the 17th.

On the motion of Senator Duff of the 25th, the bill was passed temporarily.

CONSENT CALENDAR NO. 3

ADOPTED

The chair ordered the vote on business placed on Consent Calendar No. 3 be taken by roll call.

The following is the result of the vote at 2: 01 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, Consent Calendar No. 3 was adopted.

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 REFERRED TO COMMITTEE ON

APPROPRIATIONS

On motion of Senator Duff of the 25th, the following matter was referred to the Committee on Appropriations:

ENVIRONMENT. Substitute for S. B. No. 515 (COMM) (File No. 405) AN ACT REQUIRING A STUDY OF OPPORTUNITIES FOR PUBLIC ACCESS AND ENJOYMENT TO WATERWAYS FOR LAND-CONSTRAINED MUNICIPALITIES.

BUSINESS ON THE CALENDAR

MATTERS REFERRED TO COMMITTEE ON

JUDICIARY

On motion of Senator Duff of the 25th, the following matters were referred to the Committee on Judiciary:

PLANNING AND DEVELOPMENT. Substitute for H. B. No. 6356 (COMM) (File Nos. 45 and 756) AN ACT CONCERNING PUBLIC NOTICE OF TREE REMOVAL ON MUNICIPAL PROPERTY. (As amended by House Amendment Schedule "A").

ENVIRONMENT. Substitute for H. B. No. 7069 (RAISED) (File Nos. 262 and 779) AN ACT CONCERNING CERTAIN REQUIREMENTS OF COMMISSION SALES STABLES. (As amended by House Amendment Schedule "A").

BUSINESS ON THE CALENDAR

MATTER REMOVED FROM FOOT OF THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

JUDICIARY

On the motion of Senator Duff of the 25th, the following matter was removed from the foot of the calendar and referred to the Committee on Judiciary:

COMMITTEE ON CHILDREN. Substitute for S. B. No. 895 (RAISED) (File No. 162) AN ACT CONCERNING THE DEPARTMENT OF CHILDREN AND FAMILIES' STANDARDS AND REPORTING REQUIREMENTS.

BUSINESS ON THE CALENDAR

MATTER REMOVED FROM FOOT OF THE CALENDAR

On the motion of Senator Duff of the 25th, the following matter was removed from the foot of the calendar and restored to its place on the calendar:

ENVIRONMENT. S. B. No. 994 (RAISED) (File No. 416) AN ACT CONCERNING THE CONSERVATION FUNCTIONS OF THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION.

BUSINESS ON THE CALENDAR

MATTER REMOVED FROM FOOT OF THE CALENDAR

MATTER REFERRED TO COMMITTEE ON

APPROPRIATIONS

On the motion of Senator Duff of the 25th, the following matter was removed from the foot of the calendar and referred to the Committee on Appropriations:

COMMERCE. S. B. No. 731 (COMM) (File No. 437) AN ACT CONCERNING RESOURCES FOR ADVANCED MANUFACTURING AND HEALTH CARE TRAINING PROGRAMS IN EASTERN CONNECTICUT.

BUSINESS ON THE CALENDAR

MATTERS PLACED ON FOOT OF THE CALENDAR

On the motion of Senator Duff of the 25th, the following matters were placed on the foot of the calendar:

PUBLIC SAFETY AND SECURITY. Substitute for S. B. No. 849 (RAISED) (File No. 302) AN ACT ESTABLISHING A TASK FORCE TO STUDY SUBSTANCE ABUSE TREATMENT REFERRAL PROGRAMS ESTABLISHED BY MUNICIPAL POLICE DEPARTMENTS.

GENERAL LAW. S. B. No. 824 (RAISED) (File No. 85) AN ACT CONCERNING CONSUMER PROTECTION.

GENERAL LAW. S. B. No. 825 (RAISED) (File No. 86) AN ACT CONCERNING ALCOHOLIC LIQUOR.

VETERANS' AFFAIRS. Substitute for S. B. No. 857 (RAISED) (File No. 106) AN ACT DESIGNATING THE DEPARTMENT OF VETERANS AFFAIRS ROCKY HILL CAMPUS AS THE ROCKY HILL, CONNECTICUT VETERANS CENTER.

PLANNING AND DEVELOPMENT. S. B. No. 1035 (RAISED) (File No. 541) AN ACT REQUIRING A STUDY OF MUNICIPAL UTILITIES.

PUBLIC HEALTH. Substitute for S. B. No. 39 (COMM) (File No. 602) AN ACT CONCERNING A PUBLIC-PRIVATE PARTNERSHIP TO PROVIDE QUALITY SUPPORT AND SERVICES FOR PERSONS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

PUBLIC HEALTH. Substitute for S. B. No. 451 (COMM) (File No. 610) AN ACT PROTECTING PATIENTS FROM UNREASONABLE MEDICAL BILLS.

PUBLIC HEALTH. Substitute for S. B. No. 552 (COMM) (File No. 611) AN ACT CONCERNING A STANDING ORDER PROGRAM FOR DISPENSING OPIOID ANTAGONISTS.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

MATTER PLACED ON FOOT OF THE CALENDAR

On the motion of Senator Duff of the 25th, the following matter was placed on the foot of the calendar:

JUDICIARY. S. B. No. 442 (COMM) (File No. 608) AN ACT CLARIFYING THE RIGHT TO ENFORCE ANTITRUST LAWS.

BUSINESS ON THE CALENDAR

MATTER RECOMMITTED

On motion of Senator Duff of the 25th, the following matter was recommitted to the Committee indicated:

ENVIRONMENT. Substitute for S. B. No. 285 (COMM) (File No. 401) AN ACT CONCERNING THE SUSPENSION OF CERTAIN CIVIL PENALTIES ASSESSED BY THE DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION ON BUSINESS ENTITIES PURSUANT TO THE REGULATIONS OF CONNECTICUT STATE AGENCIES.

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 2: 04 a. m. adjourned subject to the call of the chair.