JOURNAL OF THE SENATE

Friday, June 2, 2017

The Senate was called to order at 3: 13 p. m. , the President in the Chair.

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

The following is the prayer:

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

PLEDGE

Senator Gerratana of the 6th led the Senate in the Pledge of Allegiance.

REPORTS

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

Report – Auditors of Public Accounts – Department of Administrative Services for Fiscal Years ended June 30, 2013 and 2014. (Pursuant to Section 2-90 of the Connecticut General Statutes) Date received: June 1, 2017

Referred to Committees on Appropriations and Government Administration and Elections

Report – Office of the Lieutenant Governor – Health Information Technology Advisory Council's Annual Report for February 1, 2016 – February 1, 2017. (Pursuant to Section 17b-59c(e) of the Connecticut General Statutes) Date received: June 2, 2017

Referred to Committees of Appropriations, Finance, Revenue and Bonding, Human Services and Public Health

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.

FINANCE, REVENUE AND BONDING. Substitute for H. B. No. 7312 (RAISED) (File No. 762) AN ACT CONCERNING THE DEPARTMENT OF REVENUE SERVICES' RECOMMENDATIONS FOR STATE TAXATION AND COLLECTION AND IMPROVING TAX GAP COMPLIANCE.

APPROPRIATIONS. H. B. No. 6603 (COMM) (File No. 121) AN ACT CONCERNING A STUDY OF CERTAIN TENANTS OF STATE-FUNDED PUBLIC HOUSING PROJECTS. (As amended by House Amendment Schedules "A" and "B").

APPROPRIATIONS. Substitute for H. B. No. 7255 (RAISED) (File No. 553) AN ACT ESTABLISHING A TASK FORCE TO CONDUCT A FEASIBILITY STUDY REGARDING THE CREATION OF A SPECIAL EDUCATION PREDICTABLE COST COOPERATIVE. (As amended by House Amendment Schedule "A").

BANKING. H. B. No. 7030 (File No. 184) AN ACT PROTECTING THE CREDIT OF CERTAIN UTILITY CUSTOMERS. (As amended by House Amendment Schedule "A").

BANKING. Substitute for H. B. No. 7141 (RAISED) (File No. 190) AN ACT CONCERNING SECURED AND UNSECURED LENDING. (As amended by House Amendment Schedule "A").

EDUCATION. H. B. No. 7200 (RAISED) (File No. 508) AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE TASK FORCE ON LIFE-THREATENING FOOD ALLERGIES IN SCHOOLS. (As amended by House Amendment Schedule "A").

EDUCATION. H. B. No. 7201 (RAISED) (File No. 549) AN ACT APPLYING THE SHEFF DEFINITION OF REDUCED-ISOLATION SETTING TO ALL INTERDISTRICT MAGNET SCHOOLS IN THE STATE. (As amended by House Amendment Schedule "A").

ENERGY AND TECHNOLOGY. H. B. No. 6306 (COMM) (File No. 451) AN ACT ESTABLISHING A GREEN BUILDING TASK FORCE. (As amended by House Amendment Schedule "A").

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 7053 (File No. 321) AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS CONCERNING HIGHER EDUCATION. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 6989 (RAISED) (File No. 13) AN ACT PROVIDING PROTECTIONS FOR CONSUMERS APPLYING FOR REVERSE MORTGAGES. (As amended by House Amendment Schedule "A").

PUBLIC HEALTH. H. B. No. 7091 (RAISED) (File No. 428) AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' RECOMMENDATIONS REGARDING REVISIONS TO THE PROFESSIONAL ASSISTANCE PROGRAM FOR REGULATED PROFESSIONALS.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR

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

PUBLIC HEALTH. Substitute for S. B. No. 938 (RAISED) (File No. 615) AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S RECOMMENDATIONS FOR THE STATE-WIDE ADOPTION OF THE MEDICAL ORDERS FOR LIFE-SUSTAINING TREATMENT PROGRAM.

Senator Gerratana of the 6th explained the bill, offered Senate Amendment Schedule “A” (LCO 6268) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 6268) was adopted.

The following is the Amendment:

In line 12, strike ", or an"

Strike line 13 in its entirety

In line 14, strike "or her employment"

In line 28, strike "may" and insert "shall" in lieu thereof

In line 32, after "institutions" insert "subject to any limitations set forth in federal law"

In line 58, after "to," insert "advanced health care directives,"

Remarking was Senator Somers of the 18th.

On the motion of Senator Gerratana of the 6th, the bill as amended by Senate Amendment Schedule “A” (LCO 6268) was placed on the Consent 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.

GOVERNMENT ADMINISTRATION AND ELECTIONS. S. B. No. 482 (COMM) (File No. 521) AN ACT CONCERNING THE PREPARATION OF RACIAL AND ETHNIC IMPACT STATEMENTS.

Senator Winfield of the 10th explained the bill and moved passage.

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 3: 39 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 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

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR

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

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

Senator Winfield of the 10th explained the bill as amended, offered Senate Amendment Schedule “B” (LCO 8384) and moved adoption.

Remarking was Senator Formica of the 20th.

On a voice vote, Senate Amendment Schedule “B” (LCO 8384) was adopted.

The following is the Amendment:

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

"Section 1. (Effective from passage) (a) There is established a working group to examine the issues of and make recommendations regarding:

(1) Broadband Internet access service consumer data privacy;

(2) Broadband Internet access service industry standards regarding protection of consumer data;

(3) Definitions of "sensitive customer personal information" and "nonsensitive customer personal information";

(4) Methods of customer notification of consumer data privacy provisions;

(5) Methods of enforcement of consumer data privacy laws;

(b) The working group shall consist of the following members:

(1) The Attorney General, or his or her designee;

(2) The Consumer Counsel, or his or her designee;

(3) One appointed by the president pro tempore of the Senate, who shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to commerce;

(4) One appointed by the Senate Republican president pro tempore, who shall be a member of the joint standing committee of the General Assembly having cognizance of matters relating to energy;

(5) One appointed by the speaker of the House of Representatives, who shall be a representative of a nonprofit organization with expertise in data privacy;

(6) One appointed by the minority leader of the House of Representatives, who shall be a representative of a nonprofit organization with expertise in data privacy;

(7) One appointed by the majority leader of the Senate, who shall be a member of the broadband Internet service provider industry;

(8) One appointed by the Deputy Senate Republican president pro tempore, who shall be an attorney with expertise in consumer privacy;

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

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

(e) The administrative staff of the joint standing committee of the General Assembly having cognizance of matters relating to energy shall serve as administrative staff of the working group.

(f) Not later than January 15, 2018, the working group shall submit a report on its findings and recommendations to the joint standing committees of the General Assembly having cognizance of matters relating to commerce and energy, in accordance with the provisions of section 11-4a of the general statutes. The working group shall terminate on the date that it submits such report or January 15, 2018, whichever is later.

(g) Notwithstanding the provisions of section 2-15 of the general statutes, no member of the working group shall receive mileage reimbursement or a transportation allowance for traveling to a meeting of the working group.

Sec. 2. Section 36a-701b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For purposes of this section, (1) "breach of security" means unauthorized access to or unauthorized acquisition of electronic files, media, databases or computerized data, containing personal information when access to the personal information has not been secured by encryption or by any other method or technology that renders the personal information unreadable or unusable; and (2) "personal information" means an individual's first name or first initial and last name in combination with any one, or more, of the following data: (A) Social Security number; (B) driver's license number or state identification card number; [or] (C) [account number,] credit or debit card number; [,] or (D) financial account number in combination with any required security code, access code or password that would permit access to [an individual's] such financial account. "Personal information" does not include publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media.

(b) (1) Any person who conducts business in this state, and who, in the ordinary course of such person's business, owns, licenses or maintains computerized data that includes personal information, shall provide notice of any breach of security following the discovery of the breach to any resident of this state whose personal information was breached or is reasonably believed to have been breached. Such notice shall be made without unreasonable delay but not later than ninety days after the discovery of such breach, unless a shorter time is required under federal law, subject to the provisions of subsection (d) of this section and the completion of an investigation by such person to determine the nature and scope of the incident, to identify the individuals affected, or to restore the reasonable integrity of the data system. Such notification shall not be required if, after an appropriate investigation and consultation with relevant federal, state and local agencies responsible for law enforcement, the person reasonably determines that the breach will not likely result in harm to the individuals whose personal information has been acquired and accessed.

(2) If notice of a breach of security is required by subdivision (1) of this subsection:

(A) The person who conducts business in this state, and who, in the ordinary course of such person's business, owns, licenses or maintains computerized data that includes personal information, shall, not later than the time when notice is provided to the resident, also provide notice of the breach of security to the Attorney General; and

(B) The person who conducts business in this state, and who, in the ordinary course of such person's business, owns or licenses computerized data that includes personal information, shall offer to each resident whose personal information under subparagraph (A) of subdivision (4) of subsection (a) of section 38a-999b or subparagraph (A) of subdivision (2) of subsection (a) of this section was breached or is reasonably believed to have been breached, appropriate identity theft prevention services and, if applicable, identity theft mitigation services. Such service or services shall be provided at no cost to such resident for a period of not less than [twelve] twenty-four months. Such person shall provide all information necessary for such resident to enroll in such service or services and shall include information on how such resident can place a credit freeze on such resident's credit file.

(c) Any person that maintains computerized data that includes personal information that the person does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following its discovery, if the personal information of a resident of this state was breached or is reasonably believed to have been breached.

(d) Any notification required by this section shall be delayed for a reasonable period of time if a law enforcement agency determines that the notification will impede a criminal investigation and such law enforcement agency has made a request that the notification be delayed. Any such delayed notification shall be made after such law enforcement agency determines that notification will not compromise the criminal investigation and so notifies the person of such determination.

(e) Any notice to a resident, owner or licensee required by the provisions of this section may be provided by one of the following methods: (1) Written notice; (2) telephone notice; (3) electronic notice, provided such notice is consistent with the provisions regarding electronic records and signatures set forth in 15 USC 7001; (4) substitute notice, provided such person demonstrates that the cost of providing notice in accordance with subdivision (1), (2) or (3) of this subsection would exceed two hundred fifty thousand dollars, that the affected class of subject persons to be notified exceeds five hundred thousand persons or that the person does not have sufficient contact information. Substitute notice shall consist of the following: (A) Electronic mail notice when the person has an electronic mail address for the affected persons; (B) conspicuous posting of the notice on the web site of the person if the person maintains one; and (C) notification to major state-wide media, including newspapers, radio and television.

(f) Any person that maintains such person's own security breach procedures as part of an information security policy for the treatment of personal information and otherwise complies with the timing requirements of this section, shall be deemed to be in compliance with the security breach notification requirements of this section, provided such person notifies, as applicable, residents of this state, owners and licensees in accordance with such person's policies in the event of a breach of security and in the case of notice to a resident, such person also notifies the Attorney General not later than the time when notice is provided to the resident. Any person that maintains such a security breach procedure pursuant to the rules, regulations, procedures or guidelines established by the primary or functional regulator, as defined in 15 USC 6809(2), shall be deemed to be in compliance with the security breach notification requirements of this section, provided (1) such person notifies, as applicable, such residents of this state, owners, and licensees required to be notified under and in accordance with the policies or the rules, regulations, procedures or guidelines established by the primary or functional regulator in the event of a breach of security, and (2) if notice is given to a resident of this state in accordance with subdivision (1) of this subsection regarding a breach of security, such person also notifies the Attorney General not later than the time when notice is provided to the resident.

(g) Failure to comply with the requirements of this section shall constitute an unfair trade practice for purposes of section 42-110b and shall be enforced by the Attorney General. "

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

Section 1

from passage

New section

Sec. 2

from passage

36a-701b

Remarking was Senator Formica of the 20th.

On the motion of Senator Winfield of the 10th, the bill as amended by Senate Amendments Schedules “A” (LCO 7087) and “B” (LCO 8384) was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

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

Senator Gerratana of the 6th explained the bill as amended, offered Senate Amendment Schedule “B” (LCO 8243) and moved adoption.

Remarking were Senators McLachlan of the 24th and Miner of the 30th.

On a voice vote, Senate Amendment Schedule “B” (LCO 8243) was adopted.

The following is the Amendment:

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

"Section 1. Subsection (a) of section 19a-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) The Commissioner of Public Health shall establish a Public Health Code and, from time to time, amend the same. The Public Health Code may provide for the preservation and improvement of the public health.

[(1) Said code may include regulations pertaining to retail food establishments, including, but not limited to, food service establishments, catering food service establishments and itinerant food vending establishments and the required permitting from local health departments or districts to operate such establishments. ]

[(2)] (1) Drainage and toilet systems to be installed in any house or building arranged or designed for human habitation, or field sanitation provided for agricultural workers or migratory farm laborers, shall conform to minimum requirements prescribed in said code.

[(3)] (2) Said code may include regulations requiring toilets and handwashing facilities in large stores, as defined in such regulations, in shopping centers and in places dispensing food or drink for consumption on the premises, for the use of patrons of such establishments, except that the provisions of such regulations shall not apply to such establishments constructed or altered pursuant to plans and specifications approved or building permits issued prior to October 1, 1977.

[(4) The provisions of such regulations (A) with respect to the requirement of employing a qualified food operator and any reporting requirements relative to such operator, shall not apply to an owner or operator of a soup kitchen who relies exclusively on services provided by volunteers, and (B) shall not prohibit the sale or distribution of food at a noncommercial function such as an educational, religious, political or charitable organization's bake sale or potluck supper provided the seller or person distributing such food maintains such food under the temperature, pH level and water activity level conditions that will inhibit the rapid and progressive growth of infectious or toxigenic microorganisms. For the purposes of this section, a "noncommercial function" means a function where food is sold or distributed by a person not regularly engaged in the for profit business of selling such food.

(5) The provisions of such regulations with respect to qualified food operators shall require that the contents of the test administered to qualified food operators include elements testing the qualified food operator's knowledge of food allergies. ]

[(6)] (3) Each regulation adopted by the Commissioner of Public Health shall state the date on which it shall take effect, and a copy of the regulation, signed by the Commissioner of Public Health, shall be filed in the office of the Secretary of the State and a copy sent by said commissioner to each director of health, and such regulation shall be published in such manner as the Commissioner of Public Health may determine.

[(7)] (4) Any person who violates any provision of the Public Health Code shall be guilty of a class C misdemeanor.

Sec. 2. (NEW) (Effective October 1, 2017) As used in this section and sections 3 to 10, inclusive, of this act:

(1) "Catering food service establishment" means a business that is involved in the (A) sale or distribution of food and drink prepared in bulk in one geographic location for retail service in individual portions in another location, or (B) preparation and service of food in a public or private venue that is not under the ownership or control of the operator of such business;

(2) "Certified food protection manager" means a food employee that has supervisory and management responsibility and the authority to direct and control food preparation and service;

(3) "Class 1 food establishment" means a food establishment that only offers for retail sale (A) prepackaged food that is not time or temperature controlled for safety, (B) commercially processed food that (i) is time or temperature controlled for safety and heated for hot holding, but (ii) is not permitted to be cooled, or (C) food prepared in the establishment that is not time or temperature controlled for safety;

(4) "Class 2 food establishment" means a retail food establishment that does not serve a population that is highly susceptible to food-borne illnesses and offers a limited menu of food that is prepared, cooked and served immediately, or that prepares and cooks food that is time or temperature controlled for safety and may require hot or cold holding, but that does not involve cooling;

(5) "Class 3 food establishment" means a retail food establishment that (A) does not serve a population that is highly susceptible to food-borne illnesses, and (B) has an extensive menu of foods, many of which are time or temperature controlled for safety and require complex preparation, including, but not limited to, handling of raw ingredients, cooking, cooling and reheating for hot holding;

(6) "Class 4 food establishment" means a retail food establishment that serves a population that is highly susceptible to food-borne illnesses, including, but not limited to, preschool students, hospital patients and nursing home patients or residents, or that conducts specialized food processes, including, but not limited to, smoking, curing or reduced oxygen packaging for the purposes of extending the shelf life of the food;

(7) "Cold holding" means maintained at a temperature of forty-one degrees Fahrenheit or below;

(8) "Commissioner" means the Commissioner of Public Health or the commissioner's designee;

(9) "Contact hour" means a minimum of fifty minutes of a training activity;

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

(11) "Director of health" means the director of a local health department or district health department appointed pursuant to section 19a-200 or 19a-242 of the general statutes;

(12) "Food code" means the food code administered under section 3 of this act;

(13) "Food establishment" means an operation that (A) stores, prepares, packages, serves, vends directly to the consumer or otherwise provides food for human consumption, including, but not limited to, a restaurant, catering food service establishment, food service establishment, temporary food service establishment, itinerant food vending establishment, market, conveyance used to transport people, institution or food bank, or (B) relinquishes possession of food to a consumer directly, or indirectly through a delivery service, including, but not limited to, home delivery of grocery orders or restaurant takeout orders or a delivery service that is provided by common carriers. "Food establishment" does not include a vending machine, as defined in section 21a-34 of the general statutes, a private residential dwelling in which food is prepared under section 21a-62a of the general statutes or a food manufacturing establishment, as defined in section 21a-151 of the general statutes;

(14) "Food inspector" means a director of health, or his or her authorized agent, or a registered sanitarian who has been certified as a food inspector by the commissioner;

(15) "Food inspection training officer" means a certified food inspector who has received training developed or approved by the commissioner and been authorized by the commissioner to train candidates for food inspector certification;

(16) "Food-borne illness" means illness, including, but not limited to, illness due to heavy metal intoxications, staphylococcal food poisoning, botulism, salmonellosis, shigellosis, Clostridium perfringens intoxication and hepatitis A, acquired through the ingestion of a common-source food or water contaminated with a chemical, infectious agent or the toxic products of a chemical or infectious agent;

(17) "Food-borne outbreak" means illness, including, but not limited to, illness due to heavy metal intoxications, staphylococcal food poisoning, botulism, salmonellosis, shigellosis, Clostridium perfringens intoxication and hepatitis A, in two or more individuals, acquired through the ingestion of common-source food or water contaminated with a chemical, infectious agent or the toxic products of a chemical or infectious agent;

(18) "Hot holding" means maintained at a temperature of one hundred thirty-five degrees Fahrenheit or above;

(19) "Itinerant food vending establishment" means a vehicle-mounted, self-contained, mobile food establishment;

(20) "Permit" means a written document issued by a director of health that authorizes a person to operate a food establishment;

(21) "Temporary food service establishment" means a food establishment that operates for a period of not more than fourteen consecutive days in conjunction with a single event or celebration;

(22) "Time or temperature controlled for safety" means maintained at a certain temperature or maintained for a certain length of time, or both, to prevent microbial growth and toxin production; and

(23) "Variance" means a written document issued by the commissioner that authorizes a modification or waiver of one or more requirements of the food code.

Sec. 3. (NEW) (Effective October 1, 2017) (a) Not later than July 1, 2018, the commissioner shall adopt and administer by reference the United States Food and Drug Administration's Food Code, as amended from time to time, and any Food Code Supplement published by said administration as the state's food code for the purpose of regulating food establishments.

(b) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section and sections 4 to 8, inclusive, of this act.

Sec. 4. (NEW) (Effective October 1, 2017) On and after July 1, 2018:

(1) No person, firm or corporation shall operate or maintain any food establishment where food or beverages are served or sold to the public in any town, city or borough without obtaining a valid permit or license to operate from the director of health of such town, city or borough, in a form and manner prescribed by the director of health. The director of health shall issue a permit or license to operate a food establishment upon receipt of an application if the food establishment meets the requirements of this section. All food establishments shall comply with the food code.

(2) All food establishments shall be inspected by a certified food inspector in a form and manner prescribed by the commissioner. The Commissioner of Public Health may, in consultation with the Commissioner of Consumer Protection, grant a variance for the requirements of the food code if the Commissioner of Public Health determines that such variance would not result in a health hazard or nuisance.

(3) No permit to operate a food establishment shall be issued by a director of health unless the applicant has provided the director of health with proof of registration with the department and a written application for a permit in a form and manner prescribed by the department. Temporary food establishments and certified farmers' markets, as defined in section 22-6r of the general statutes, as amended by this act, shall be exempt from registering with the Department of Public Health.

(4) Each class 2 food establishment, class 3 food establishment and class 4 food establishment shall employ a certified food protection manager. No person shall serve as a certified food protection manager unless such person has satisfactorily passed a test as part of a food protection manager certification program that is evaluated and approved by an accrediting agency recognized by the Conference for Food Protection as conforming to its standards for accreditation of food protection manager certification programs. A certified food inspector shall verify that the food protection manager is certified upon inspection of the food establishment.

Sec. 5. (NEW) (Effective October 1, 2017) (a) On and after July 1, 2018, no person shall engage in the practice of a food inspector unless such person has obtained a certification from the commissioner in accordance with the provisions of this section. The commissioner shall develop a training and verification program for food inspector certification that shall be administered by the food inspection training officer at a local health department.

(1) Each person seeking certification as a food inspector shall submit an application to the department on a form prescribed by the commissioner and present to the department satisfactory evidence that such person (A) is sponsored by the director of health in the jurisdiction in which the applicant is employed to conduct food inspections, (B) possesses a bachelor's degree or three years of experience in a regulatory food protection program, (C) has successfully completed a training and verification program, (D) has successfully completed the field standardization inspection prescribed by the commissioner, and (E) is not involved in the ownership or management of a food establishment located in the applicant's jurisdiction.

(2) Each director of health sponsoring an applicant for certification as a food inspector shall submit to the commissioner a form documenting the applicant's qualifications and successful completion of the requirements described in subdivision (1) of this subsection.

(3) Certifications issued under this section shall be subject to renewal once every three years. A food inspector applying for renewal of his or her certification shall demonstrate successful completion of twenty contact hours in food protection training, as approved by the commissioner, and reassessment by the food inspection training officer.

(b) A certified food inspector shall conduct an inspection of a food establishment in a form and manner prescribed by the commissioner to determine compliance with the food code. The director of health shall ensure all food establishments are inspected at a frequency determined by their risk classification. Such director of health shall evaluate the food establishment's risk classification on an annual basis to determine accuracy. More frequent inspections may be conducted to ensure compliance with the food code. Each food establishment classification shall be inspected pursuant to the following schedule:

(1) Class 1 food establishments shall be inspected at intervals not to exceed three hundred sixty days.

(2) Class 2 food establishments shall be inspected at intervals not to exceed one hundred eighty days.

(3) Class 3 food establishments shall be inspected at intervals not to exceed one hundred twenty days.

(4) Class 4 food establishments shall be inspected at intervals not to exceed ninety days.

(5) Temporary food service establishments shall be inspected prior to the issuance of a permit to operate and as often as necessary to ensure compliance with the food code.

Sec. 6. (NEW) (Effective October 1, 2017) If a director of health has reasonable cause to suspect the possibility of a food-borne illness or food-borne outbreak, such director shall complete an investigation and take action to control the illness or outbreak. Such action may include, but shall not be limited to, securing employee morbidity histories, requiring medical and laboratory examinations of an employee, modification of a menu and any other restriction or action deemed necessary by such director of health to control the illness or outbreak. A person who violates any provision of sections 3 to 8, inclusive, of this act, section 22-6r of the general statutes, as amended by this act, or section 22-6s of the general statutes, as amended by this act, or who provides false information during an investigation, refuses to cooperate with an investigation or otherwise impedes an investigation that is conducted under this section or section 4 or 5 of this act shall be guilty of a class C misdemeanor.

Sec. 7. (NEW) (Effective October 1, 2017) The owner or operator of a food establishment aggrieved by an order to correct any inspection violations identified by the food inspector or to hold, destroy or dispose of unsafe food may appeal such order to the director of health not later than forty-eight hours after issuance of such order. The director of health shall review the request for an appeal and, upon conclusion of the review, may vacate, modify or affirm such order. If affirmed by the director of health, the corrective actions specified by the food inspector shall be so ordered by the director of health. An owner or operator of a food service establishment who is aggrieved by the affirmation or modification of an order by the director of health, including, but not limited to, an order to suspend the permit or license to operate the food service establishment, may appeal to the department pursuant to section 19a-229 of the general statutes. During such appeal, the order shall remain in effect unless the commissioner orders otherwise.

Sec. 8. (NEW) (Effective October 1, 2017) (a) Nothing in this section or sections 3 to 7, inclusive, of this act shall limit the authority of directors of health under chapter 368e or 368f of the general statutes.

(b) For purposes of this section and sections 3 to 7, inclusive, of this act, the provisions of the general statutes and regulations of Connecticut state agencies pertaining to certified farmers' markets shall not limit the authority of the Commissioner of Agriculture and the director of health to require a farmer to comply with the requirements of sections 22-6r and 22-6s of the general statutes, as amended by this act.

(c) The provisions of the food code that concern the employment of a certified food manager and any reporting requirements relative to such certified food manager (1) shall not apply to (A) an owner or operator of a soup kitchen that relies exclusively on services provided by volunteers, (B) any volunteer who serves meals from a nonprofit organization, including a temporary food service establishment and a special event sponsored by a nonprofit civic organization, including, but not limited to, school sporting events, little league food booths, church suppers and fairs, or (C) any person who serves meals to individuals at a registered congregate meal site funded under Title III of the Older Americans Act of 1965, as amended from time to time, that were prepared under the supervision of a certified food manager, and (2) shall not prohibit the sale or distribution of food at (A) a bed and breakfast establishment that prepares and offers food to guests, provided the operation is owner-occupied and the total building occupant load is not more than sixteen persons, including the owner and occupants, has no provisions for cooking or warming food in the guest rooms, breakfast is the only meal offered and the consumer of such operation is informed by statements contained in published advertisements, mailed brochures and placards posted in the registration area that the food is prepared in a kitchen that is not regulated and inspected by the local health director, and (B) a noncommercial function, including, but not limited to, an educational, religious, political or charitable organization's bake sale or potluck supper, provided the seller or person distributing the food maintains the food at the temperature, pH level and water activity level conditions that will inhibit the growth of infectious or toxigenic microorganisms. For the purposes of this subsection, "noncommercial function" means a function where food is sold or distributed by a person not regularly engaged in the business of selling such food for profit.

Sec. 9. (NEW) (Effective October 1, 2017) Notwithstanding any provision of the general statutes, the Commissioner of Public Health may announce to the public, at the commissioner's sole discretion, the identity of the food establishment that was the source of any food-borne illness or food-borne outbreak that has been verified by the department for the purpose of reducing morbidity and mortality from any cause or condition of such illness or outbreak. The commissioner shall make every effort to limit the disclosure of personally identifiable health data to the minimal amount necessary to accomplish such purpose.

Sec. 10. (NEW) (Effective from passage) Notwithstanding any provision of the general statutes, from the effective date of this section until June 30, 2018, a food service establishment may request a variance from the Commissioner of Public Health from the requirements of the Public Health Code, established under section 19a-36 of the general statutes, to utilize the process of sous vide and acidification of sushi rice, as defined in section 3-502. 11 of the United States Food and Drug Administration's Food Code, as amended from time to time. The Commissioner of Public Health shall review the request for a variance and provide the food establishment with notification regarding the status of its request not later than thirty days after the commissioner receives such request. The commissioner may grant such variance if he or she determines that such variance would not result in a health hazard or nuisance.

Sec. 11. Subsection (d) of section 22-6r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(d) A food [service] establishment, as defined in section [19-13-B42 of the regulations of Connecticut state agencies] 2 of this act, may purchase farm products that have been produced and are sold in conformance with the applicable regulations of Connecticut state agencies at a farmers' market, provided such establishment requests and obtains an invoice from the farmer or person selling farm products. The farmer or person selling farm products shall provide to the food service establishment an invoice that indicates the source and date of purchase of the farm products at the time of the sale.

Sec. 12. Section 22-6s of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) For purposes of this section: (1) "Certified farmers' market" has the same meaning as provided in section 22-6r, as amended by this act, and (2) ["food service establishment"] "food establishment" has the same meaning as provided in section [19-13-B42 of the regulations of Connecticut state agencies] 2 of this act.

(b) Any permit or license to operate a food [service] establishment that is issued by a municipal health department or health district to a farmer for the purpose of such farmer's participation in a certified farmers' market within the jurisdiction of such municipal health department or health district shall be valid for the purpose of operating a food [service] establishment at any certified farmers' market in the state, provided (1) such operation is in accordance with the menu items and food preparation processes approved by such issuing municipal health department or health district, or (2) such operation utilizes menu items or food preparation processes that are substantially similar to the menu items and food preparation processes approved by such issuing municipal health department or health district. Not later than fourteen days prior to commencing the operation of a food [service] establishment in a municipality that is within the jurisdiction of a municipal health department or health district that did not issue a permit or license to such farmer, a notice of intent to commence such operation shall be sent by such farmer to the municipal health department or health district with such jurisdiction. Such notice shall contain a copy of the municipal health department or health district permit or license issued in accordance with this section and a copy of any food service plan developed as part of the application for such permit or license. Any permit or license issued in accordance with the provisions of this section shall be valid for the duration of the calendar year in which such permit or license was issued.

(c) Any local director of health may take any regulatory action such director deems necessary against any farmer who operates a food [service] establishment within the jurisdiction of such health department or district, as applicable, in order to ensure that such farmer is in compliance with the Public Health Code, provided no local director of health shall require any farmer to apply for or purchase a permit or license to operate a food [service] establishment if such farmer holds a valid permit or license issued by another municipal health department or health district and is in compliance with the provisions of subsection (b) of this section.

(d) Any farmer who operates a food [service] establishment in a certified farmers' market in accordance with this section and the menu items and food preparation processes approved by the municipal health department or health district that issued such permit or license, or who utilizes menu items or food preparation processes that are substantially similar to the menu items and food preparation processes approved by such issuing municipal health department or health district, shall be exempt from the provisions of any ordinance of any municipality or health district concerning the operation of a food [service] establishment. No municipal health department or health district shall require any farmer who applies for a permit or license to operate a food [service] establishment at a certified farmers' market to submit information regarding such farmer's ability to comply with any ordinance of any municipality or health district concerning the operation of such food [service] establishment.

Sec. 13. Subsection (a) of section 19a-36f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) No person shall use or require the use of disposable, nonsterile or sterile natural rubber latex gloves at a retail food establishment, including, but not limited to, a food [service] establishment, catering food service establishment or itinerant food vending establishment.

Sec. 14. Subdivision (2) of subsection (a) of section 38a-313b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(2) The provisions of subdivision (1) of this subsection shall apply to an insurance policy or rider delivered, issued for delivery, renewed, amended or continued in this state for a food establishment classified as a class [III or class IV] 3 or class 4 food establishment pursuant to regulations adopted under section [19a-36] 3 of this act.

Sec. 15. Subsections (a) and (b) of section 52-557l of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Notwithstanding any provision of the general statutes, any person, including but not limited to a seller, farmer, processor, distributor, wholesaler or retailer of food, who donates an item of food for use or distribution by a nonprofit organization, [or] nonprofit corporation, political subdivision of the state or senior center and any nonprofit organization or nonprofit corporation that collects donated food and distributes such food to other nonprofit organizations or nonprofit corporations or a political subdivision of the state or senior center free of charge or for a nominal fee shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, or the nonprofit organization or nonprofit corporation, at the time of distributing the food, knew or had reasonable grounds to believe that the food was (1) adulterated, as defined in section 21a-101, or (2) not fit for human consumption.

(b) Notwithstanding any provision of the general statutes, any food establishment classified as a class [III or class IV] 3 or class 4 food establishment pursuant to regulations adopted under section [19a-36] 3 of this act, that donates perishable food for use or distribution by a temporary emergency shelter in accordance with the provisions set forth in section 38a-313b, as amended by this act, shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, knew or had reasonable grounds to believe that the food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as defined in section 21a-101, or (3) not fit for human consumption.

Sec. 16. Sections 19a-36c, 19a-36d and 19a-36e of the general statutes are repealed. (Effective October 1, 2017)"

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

Section 1

July 1, 2018

19a-36(a)

Sec. 2

October 1, 2017

New section

Sec. 3

October 1, 2017

New section

Sec. 4

October 1, 2017

New section

Sec. 5

October 1, 2017

New section

Sec. 6

October 1, 2017

New section

Sec. 7

October 1, 2017

New section

Sec. 8

October 1, 2017

New section

Sec. 9

October 1, 2017

New section

Sec. 10

from passage

New section

Sec. 11

October 1, 2017

22-6r(d)

Sec. 12

October 1, 2017

22-6s

Sec. 13

October 1, 2017

19a-36f(a)

Sec. 14

October 1, 2017

38a-313b(a)(2)

Sec. 15

October 1, 2017

52-557l(a) and (b)

Sec. 16

October 1, 2017

Repealer section

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4: 07 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 35

Those voting Nay 0

Those absent and not voting 1

On the roll call vote, the bill as amended by Senate Amendments Schedules “A” (LCO 6260) and “B” (LCO 8243) passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

A

   

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 Senator(s) abstained under Senate Rule 15:

Senator Formica of the 20th

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR

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

JUDICIARY. Substitute for S. B. No. 575 (COMM) (File No. 669) AN ACT CONCERNING PRACTICES AND PROCEDURES OF THE RISK REDUCTION CREDIT PROGRAM.

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

Senator Doyle of the 9th offered Senate Amendment Schedule “A” (LCO 8313).

Remarking were Senators Boucher of the 26th and Kissel of the 7th.

The chair ordered the vote be taken by roll call on Senate Amendment Schedule “A” (LCO 8313).

The following is the result of the vote at 4: 20 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 18

Those voting Nay 18

Those absent and not voting 0

The President announced she would vote Yea. On the roll call vote, Senate Amendment Schedule “A” (LCO 8313) was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

   

N

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

   

N

13

LEN SUZIO

   

N

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

   

N

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

   

N

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

The following is the Amendment:

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

"Section 1. (Effective from passage) (a) There is established a task force to study the practices and procedures of the risk reduction credit program.

The task force shall examine whether (1) additional offenses should be added to the list of those for which an inmate convicted of such an offense shall be excluded from the risk reduction credit program, and (2) internal procedures used to administer the program should be codified.

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

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

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

(3) Two appointed by the Senate Republican president pro tempore;

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

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

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

(7) One appointed by the Deputy Senate Republican president pro tempore;

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

(9) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, or their designees.

(c) Any member of the task force appointed under subdivision (1), (2), (3), (4), (5), (6), (7) or (9) of subsection (b) of this section may be a member of the General Assembly.

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

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

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

(g) Notwithstanding the provisions of section 2-15 of the general statutes, no member of the task force shall receive mileage reimbursement or a transportation allowance for traveling to a meeting of the task force.

(h) Not later than January 1, 2018, the task force shall submit a report on its findings and recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary, in accordance with the provisions of section 11-4a of the general statutes. The task force shall terminate on the date that it submits such report or January 1, 2018, whichever is later. "

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

Section 1

from passage

New section

On the motion of Senator Kissel of the 7th, the bill as amended by Senate Amendment Schedule “A” (LCO 8313) was placed on the Consent 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.

JUDICIARY. S. B. No. 885 (RAISED) (File No. 709) AN ACT CONCERNING RECOVERY OF PAYMENTS FROM COLLATERAL SOURCES BY A MUNICIPALITY WITH A SELF-INSURED HEALTH PLAN.

Senator Kissel of the 7th explained the bill, offered Senate Amendment Schedule “A” (LCO 8396) and moved adoption.

Remarking were Senators Suzio of the 13th, Winfield of the 10th and Looney of the 11th.

The chair ordered the vote be taken by roll call

The following is the result of the vote at 4: 45 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 21

Those voting Nay 15

Those absent and not voting 0

On the roll call vote, Senate Amendment Schedule “A” (LCO 8396) was adopted.

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

 

Y

 

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

   

N

11

MARTIN M. LOONEY

 

Y

 

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

 

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. Subsection (a) of section 18-98e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Notwithstanding any provision of the general statutes, (1) any person sentenced to a term of imprisonment for a crime committed on or after October 1, 1994, but prior to October 1, 2017, and committed to the custody of the Commissioner of Correction on or after [said date] October 1, 1994, except a person who is sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-70a, 53a-70c or 53a-100aa, or is a persistent dangerous felony offender or persistent dangerous sexual offender pursuant to section 53a-40, and (2) any person sentenced to a term of imprisonment for a crime committed on or after October 1, 2017, and committed to the custody of the Commissioner of Correction on or after said date, except a person who is sentenced for a violation of section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-59, 53a-59a, 53a-59c, 53a-70, 53a-70a, 53a-70c or 53a-100aa, or is a persistent dangerous felony offender or persistent dangerous sexual offender pursuant to section 53a-40, may be eligible to earn risk reduction credit toward a reduction of such person's sentence, in an amount not to exceed five days per month, at the discretion of the Commissioner of Correction for conduct as provided in subsection (b) of this section occurring on or after April 1, 2006. "

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

Section 1

October 1, 2017

18-98e(a)

The chair ordered the vote be taken by roll call on the bill as amended by Senate Amendment Schedule “A” (LCO 8396).

The following is the result of the vote at 4: 47 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 21

Those voting Nay 15

Those absent and not voting 0

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 8396) passed.

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

 

Y

 

9

PAUL DOYLE

   

N

27

CARLO LEONE

   

N

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

   

N

11

MARTIN M. LOONEY

 

Y

 

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

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT DESIGNATED

BILL PASSED TEMPORARILY

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

PLANNING AND DEVELOPMENT. Substitute for S. B. No. 977 (RAISED) (File No. 567) AN ACT CONCERNING ACCESS TO ORIGINAL BIRTH RECORDS BY ADULT ADOPTED PERSONS.

Senator Cassano of the 4th explained the bill, offered Senate Amendment Schedule “A” (LCO 7034) and moved adoption.

Remarking were Senators Logan of the 17th, Guglielmo of the 35th, McLachlan of the 24th, Somers of the 18th, Boucher of the 26th, Suzio of the 13th and Kennedy of the 12th.

On the motion of Senator Duff of the 25th, the bill with Senate Amendment Schedule "A" (LCO 7034) designated was passed temporarily.

BUSINESS ON THE CALENDAR

MATTER RETURNED FROM COMMITTEE

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PASSED

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

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

SENATOR LOONEY IN THE CHAIR

Senator Leone of the 27th explained the bill and moved passage.

Remarking were Senators Larson of the 3rd, Fonfara of the 1st, Boucher of the 26th and Fasano of the 34th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6: 45 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 30

Those voting Nay 6

Those absent and not voting 0

On the roll call vote, the bill passed.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

   

N

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

   

N

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE JOINT RESOLUTION PASSED TEMPORARILY

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

JUDICIARY. S. J. No. 62 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE JED N. SCHULMAN OF FARMINGTON TO BE A FAMILY SUPPORT MAGISTRATE.

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

Remarking were Senators Kissel of the 7th, Winfield of the 10th, Gomes of the 23rd, McCrory of the 2nd and Witkos of the 8th.

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

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

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.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for S. B. No. 17 (COMM) (File No. 365) AN ACT ASSISTING STUDENTS WITHOUT LEGAL IMMIGRATION STATUS WITH THE COST OF COLLEGE.

SENATOR OSTEN IN THE CHAIR

Senator Bye of the 5th explained the bill as amended and moved passage.

Remarking were Senators Linares of the 33rd, Boucher of the 26th, Flexer of the 29th, Winfield of the 10th, Suzio of the 13th and Looney of the 11th.

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

THE PRESIDENT IN THE CHAIR

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.

INSURANCE AND REAL ESTATE. Substitute for H. B. No. 7124 (RAISED) (File Nos. 230 and 808) AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR FERTILITY PRESERVATION FOR INSUREDS DIAGNOSED WITH CANCER. (As amended by House Amendment Schedule "A").

Senator Larson of the 3rd explained the bill as amended and moved passage.

Remarking were Senators Kelly of the 21st, Boucher of the 26th, Leone of the 27th, Hwang of the 28th and Moore of the 22nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 9: 37 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, in concurrence with the House.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

 

Y

 

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

 

Y

 

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

 

Y

 

24

MICHAEL A. MCLACHLAN

 

Y

 

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

 

Y

 

8

KEVIN D. WITKOS

 

Y

 

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

 

Y

 

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

 

Y

 

30

CRAIG MINER

 

Y

 

13

LEN SUZIO

 

Y

 

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

 

Y

 

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

 

Y

 

33

ART LINARES

 

Y

 

16

JOE MARKLEY

 

Y

 

34

LEONARD FASANO

 

Y

 

17

GEORGE LOGAN

 

Y

 

35

ANTHONY GUGLIELMO

 

Y

 

18

HEATHER SOMERS

 

Y

 

36

L. SCOTT FRANTZ

MATTER PREVIOUSLY REFERRED TO COMMITTEE ON

FINANCE, REVENUE AND BONDING

RECALLED AND RESTORED TO CALENDAR

On the motion of Senator Duff of the 25th, the bill referred to the Finance, Revenue and Bonding Committee on June 1, 2017 was recalled from the Committee and restored to its place on the Calendar.

FINANCE, REVENUE AND BONDING. Substitute for S. B. No. 775 (RAISED) (File No. 339) AN ACT CONCERNING CONVEYANCES OF PROPERTY BY RECIPIENTS OF PUBLIC ASSISTANCE.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

BILL PLACED ON CONSENT CALENDAR

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

EDUCATION. Substitute for S. B. No. 786 (File No. 525) AN ACT CONCERNING EDUCATION MANDATE RELIEF AND THE TRANSPARENCY OF ENDOWED ACADEMIES.

Senator Hartley of the 15th explained the bill and moved passage.

Remarking was Senator Boucher of the 26th.

On the motion of Senator Hartley of the 15th, the bill was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

BILLS PLACED ON CONSENT CALENDAR

On the motion of Senator Duff of the 25th, the following bills which were starred for action were placed on the Consent Calendar in accordance with Senate Rule 31.

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 7128 (RAISED) (File No. 329) AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE HIGHER EDUCATION STATUTES. In concurrence with the House.

PUBLIC SAFETY AND SECURITY. H. B. No. 7238 (RAISED) (File No. 295) AN ACT CONCERNING TECHNICAL REVISIONS TO STATUTES CONCERNING THE COMMISSIONER OF EMERGENCY SERVICES AND PUBLIC PROTECTION. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 7131 (RAISED) (File No. 288) AN ACT EXPEDITING CHILD SUPPORT MODIFICATION ORDERS FOR INCARCERATED OR INSTITUTIONALIZED OBLIGORS. In concurrence with the House.

JUDICIARY. Substitute for H. B. No. 5442 (COMM) (File Nos. 576 and 748) AN ACT CONCERNING THE LEGAL AGE TO MARRY IN THIS STATE. In concurrence with the House.

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. In concurrence with the House.

CONSENT CALENDAR ADOPTED

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

The following is the result of the vote at 9: 56 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 36

Those voting Nay 0

Those absent and not voting 0

On the roll call vote, the Consent Calendar 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. S. B. No. 1000 (RAISED) (File No. 419) AN ACT CONCERNING COMMERCIAL USES FOR RECYCLED GLASS.

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 9: 59 p. m. adjourned subject to the call of the chair.

BILL SIGNED BY HIS EXCELLENCY,

THE GOVERNOR

The following bill was SIGNED IN THE ORIGINAL by His Excellency, the Governor, on the date indicated:

June 2, 2017

H. B. No. 7323 AN ACT MAKING DEFICIENCY APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 2017