JOURNAL OF THE SENATE

Wednesday, February 21, 2018

The Senate was called to order at 12: 56 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 thought for today is from Deuteronomy 16: 20, “Justice and only justice shall you follow.

Let us pray.   Heavenly Father, Guardian and Keeper of Your people, watch over this circle of Senators, who are entrusted with the administration of selecting and appointing judges.   The sages said, “If you see a generation drowning in a sea of troubles, appoint judges who will judge justly and truthfully. ”  You, Senators, have the job of noble service to our state.

According to the Jewish sage Maimonides, a judge must have seven virtues:   wisdom, humility, fear of God, disdain of profit, love of truth, love of his fellow man and a good name.

Bless these incoming judges.   We also ask God to provide His loving protection of our children.   Protect our defenders of freedom and those who preside as leaders of our state and nation.   Hear our prayers, and let us say, Amen.

PLEDGE

Senator Witkos of the 8th led the Senate in the Pledge of Allegiance.

COMMUNICATIONS FROM HIS EXCELLENCY

THE GOVERNOR

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

February 21, 2018

To the Honorable General Assembly:

Pursuant to Sections 4-1a, 4-9b and 54-124a of the Connecticut General Statutes, I have the honor to nominate and with your advice and consent, appoint Stephen D. Dargan of West Haven as a member of the Board of Pardons and Paroles, as a full-time parole member, to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer.

Dannel P. Malloy

Governor

February 21, 2018

To the Honorable General Assembly:

Pursuant to Sections 4-1a, 4-9b and 54-124a of the Connecticut General Statutes, I have the honor to nominate and with your advice and consent, appoint Nancy A. Turner of Groton as a member of the Board of Pardons and Paroles, as a full-time parole member, to serve a term coterminous with my term or until a successor is appointed and has qualified, whichever is longer.

Dannel P. Malloy

Governor

CORRECTED

February 7, 2018

To the Honorable General Assembly:

Pursuant to Article Twenty-Fifth of the Amendments to the Constitution of the State and Sections 51-44a(h), 51-165 and 51-198 of the Connecticut General Statutes, I have the honor to nominate, for appointment by you, the Honorable Andrew J. Mc Donald of Stamford to be Chief Justice of the Connecticut Supreme Court and a Judge of the Superior Court, to serve for a term of eight years from the date of confirmation by you, in succession to the Honorable Chase Rogers, who retired fully. Since that time, Senior Associate Justice Richard Palmer has been exercising the powers and authority appertaining to the office of the Chief Justice pursuant to Section 51-3.

Dannel P. Malloy

Governor

COMMUNICATION FROM

THE ATTORNEY GENERAL

The following communication was received the Attorney General, read by the Clerk and referred to Committee on Judiciary.

February 21, 2018

Re: James Horan v. State Connecticut,

Docket No. HHD-CV-14-6049960-S

Pursuant to Section 3-125a of General Statutes and Rule 32(1) of the Joint Rules of the Connecticut General Assembly, I hereby submit for approval the enclosed settlement in the above-captioned matter.

INTRODUCTION OF BILL

SENATE AND HOUSE BILL AND RESOLUTION

On motion of Senator Duff of the 25th, the first reading of the following bill and was waived, the list of bills and resolutions as prepared by the Clerks was accepted, and the bill and referred to the Committee as indicated thereon in concurrence:

GOVERNMENT ADMINISTRATION AND ELECTIONS

S. B. No. 175 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE AUDITORS OF PUBLIC ACCOUNTS', to implement the recommendations contained in the annual report of the Auditors of Public Accounts.

S. B. No. 176 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT REQUIRING THE REPORTING OF CERTAIN GIFTS TO THE STATE UNDER THE CODE OF ETHICS FOR PUBLIC OFFICIALS', to add a reporting requirement for certain gifts to the state received by public officials or state employees.

S. B. No. 177 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT APPLYING THE SECURITY EXEMPTION UNDER THE FREEDOM OF INFORMATION ACT TO THE CONNECTICUT AIRPORT AUTHORITY', to include the Connecticut Airport Authority under the security exemptions to the Freedom of Information Act.

S. B. No. 178 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT DECREASING THE MEMBERSHIP OF THE COMMISSION ON EQUITY AND OPPORTUNITY', to decrease the membership of the Commission on Equity and Opportunity from sixty-three to thirty-nine members.

S. B. No. 179 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT REQUIRING A PERFORMANCE AUDIT OF CERTAIN GOVERNMENT PROGRAMS', to require the Auditors of Public Accounts to conduct a performance audit of certain government programs.

S. B. No. 180 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT REQUIRING EXECUTIVE AND LEGISLATIVE REVIEW OF CERTAIN QUASI-PUBLIC AGENCY CONTRACTS', to increase executive and legislative oversight of quasi-public agency contracts by requiring the submission of certain contracts to the Attorney General and relevant legislative committee.

PLANNING AND DEVELOPMENT

S. B. No. 181 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT ESTABLISHING A PILOT PROGRAM FOR THE PRESERVATION OF OPEN SPACE', to require the Secretary of the Office of Policy and Management to establish a pilot program to permit certain municipalities to impose a buyer's fee on the conveyance of certain real property sales to generate funds for the purchase, preservation or stewardship of open space.

S. B. No. 182 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT CONCERNING MUNICIPAL TAX APPEALS AND CONTINGENCY AGREEMENTS', to require persons representing property owners or lessors in certain appeals concerning real property assessments to be either attorneys or certified or provisionally licensed real estate appraisers and to prohibit certified or provisionally licensed real estate appraisers from entering into contingency fee agreements in such appeals.

EDUCATION

S. B. No. 183 (RAISED) EDUCATION. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF EDUCATION', to implement the recommendations of the Department of Education.

S. B. No. 184 (RAISED) EDUCATION. 'AN ACT CONCERNING AUTHORIZATION OF STATE GRANT COMMITMENTS FOR SCHOOL BUILDING PROJECTS', to authorize state grant commitments for school building projects.

S. B. No. 185 (RAISED) EDUCATION. 'AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE EDUCATION AND EARLY CHILDHOOD STATUTES', to make technical revisions to the education and early childhood statutes.

S. B. No. 186 (RAISED) EDUCATION. 'AN ACT CONCERNING SCHOOL COUNSELORS', to include references to school counselors in the general statutes.

H. B. No. 5167 (RAISED) EDUCATION. 'AN ACT INCREASING THE AMOUNT A BOARD OF EDUCATION MAY DEPOSIT INTO A NONLAPSING ACCOUNT FOR UNEXPENDED EDUCATION FUNDS', to increase the amount of unexpended funds that a board of education is allowed to deposit into a nonlapsing account at the end of the fiscal year.

H. B. No. 5168 (RAISED) EDUCATION. 'AN ACT CONCERNING THE CREATION OF THE SUMMER LEARNING GRANT PROGRAM', to create a summer learning grant program.

H. B. No. 5169 (RAISED) EDUCATION. 'AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE OFFICE OF EARLY CHILDHOOD', to implement the recommendations of the Office of Early Childhood.

H. B. No. 5170 (RAISED) EDUCATION. 'AN ACT CONCERNING STUDENTS' RIGHT TO PRIVACY IN THEIR MOBILE ELECTRONIC DEVICES', to prohibit a school employee from taking custody of or searching a student's mobile electronic device except in certain circumstances.

H. B. No. 5171 (RAISED) EDUCATION. 'AN ACT PROHIBITING THE EXECUTIVE BRANCH FROM MAKING RESCISSIONS OR OTHER REDUCTIONS TO THE EDUCATION COST SHARING GRANT DURING THE FISCAL YEAR', to prohibit the Governor from making rescissions to a town's education cost sharing grant during the fiscal year.

GOVERNMENT ADMINISTRATION AND ELECTIONS

H. B. No. 5172 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT CONCERNING STATE AGENCY DATA MANAGEMENT AND PROCESSES, THE TRANSMITTAL OF TOWN PROPERTY ASSESSMENT INFORMATION AND THE SUSPENSION OF CERTAIN REGULATORY REQUIREMENTS', to increase access to data by executive branch agencies by codifying the provisions of Executive Order 39, to require the Office of Policy and Management to establish and oversee a state-wide process improvement initiative, to require towns to transmit certain property assessment information to their regional council of governments or the Office of Policy and Management and to permit state agencies to suspend regulatory requirements for paper or facsimile submission of documents or data.

H. B. No. 5173 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT PROTECTING THE PRIVACY OF VOTERS', to limit the scope of voter registration information available to certain entities and prohibit certain uses of such information.

H. B. No. 5174 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT RESTRICTING LOBBYING BY FORMER STATE EMPLOYEES', to impose a one-year moratorium on lobbying by former state employees.

H. B. No. 5175 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT CONCERNING APPEALS UNDER THE FREEDOM OF INFORMATION ACT', to permit the Freedom of Information Commission to grant relief from vexatious requesters to public agencies.

H. B. No. 5176 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT PROTECTING MUNICIPAL POLICE OFFICERS AND THEIR FAMILIES', to prohibit disclosure of voter registration information that may place municipal police officers or their families at risk.

H. B. No. 5177 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT CONCERNING EMPLOYEE NOTIFICATION OF REQUESTS MADE UNDER THE FREEDOM OF INFORMATION ACT', to expand the requirement for notification to public agency employees of requests made for their personnel, medical or other similar files.

H. B. No. 5178 (RAISED) GOVERNMENT ADMINISTRATION AND ELECTIONS. 'AN ACT REQUIRING EXECUTIVE AND LEGISLATIVE REVIEW OF CERTAIN QUASI-PUBLIC AGENCY CONTRACTS AND AN ANNUAL REVIEW OF EACH QUASI-PUBLIC AGENCY', to increase executive and legislative oversight of quasi-public agency contracts by requiring the submission of certain contracts to the Attorney General and relevant legislative committee and submission of an annual report to such committee.

JUDICIARY

Proposed H. B. No. 5179 REP. CURREY, 11th DIST. 'AN ACT WAIVING THE PROBATE COURT FILING FEE FOR CERTAIN INDIVIDUALS REQUESTING A CHANGE OF NAME', to eliminate the Probate Court filing fee associated with a petition to change one's name when the petitioner is requesting the change of name in connection to his or her marriage.

PLANNING AND DEVELOPMENT

H. B. No. 5180 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT CONCERNING THE APPRAISAL OF CERTAIN RENTAL INCOME-PRODUCING REAL PROPERTY', to remove the requirement that an assessor or board of assessors consider the capitalization of net income based on market rent for a similar property when appraising certain real property used primarily for the purpose of producing rental income in order to determine the present true and actual value of such property.

H. B. No. 5181 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT EXTENDING THE MUNICIPAL REVALUATION DEADLINE FOR THE TOWN OF WILTON BY ONE YEAR', to extend the municipal revaluation deadline for the town of Wilton by one year.

H. B. No. 5182 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT CONCERNING THE ASSESSMENT OF CERTAIN FEES BY BUILDING OFFICIALS', to require building officials in certain municipalities to establish and asses a fee for the commencement of certain work without a necessary permit.

H. B. No. 5183 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT REQUIRING A STUDY OF THE PLANNING, DEVELOPMENT AND FINANCING OF MUNICIPAL ENTERTAINMENT DISTRICTS', to require the Secretary of the Office of Policy and Management to conduct a study concerning the planning, development and financing of municipal entertainment districts.

H. B. No. 5184 (RAISED) PLANNING AND DEVELOPMENT. 'AN ACT PERMITTING THE AMENDMENT OF MUNICIPAL CHARTERS FOR THE PURPOSE OF MODIFYING BUDGET ADOPTION DATES', to permit the amendment of municipal charters for the purpose of modifying budget adoption dates.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE SENATE COMMITTEE

SENATE RESOLUTION PLACED ON CONSENT CALENDAR

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 the Consent Calendar.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. R. No. 5 RESOLUTION CONFIRMING THE NOMINATION OF VICTORIA L. VELTRI OF COLCHESTER TO BE EXECUTIVE DIRECTOR OF THE OFFICE OF HEALTH STRATEGY.

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

Remarking Senator Looney of the 11th

On motion of Senator Duff of the 25th, the resolution was placed on the Consent Calendar.

BUSINESS ON THE CALENDAR

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

SENATE JOINT RESOLUTIONS PLACED ON CONSENT CALENDAR

The following favorable reports were taken from the table, read the third time, the reports of the Joint Committees accepted and the resolutions placed on the Consent Calendar.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. S. J. No. 4 RESOLUTION CONFIRMING THE NOMINATION OF DONALD DEFRONZO OF NEW BRITAIN TO BE A MEMBER AND CHAIRPERSON OF THE BOARD OF DIRECTORS OF THE CONNECTICUT LOTTERY CORPORATION.

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

Remarking Senators Doyle of the 9th, Kissel of the 7th, Gerratana of the 6th and Looney of the 11th.

On motion of Senator Duff of the 25th, the resolution was placed on the Consent Calendar.

JUDICIARY. S. J. No. 9 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE THOMAS A. BISHOP OF NORTH STONINGTON TO BE A STATE REFEREE.

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

On motion of Senator Duff of the 25th, the resolution was placed on the Consent Calendar.

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 1: 17 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 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

A

   

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

SUSPENSION OF THE RULES

IMMEDIATE TRANSMITTAL TO THE HOUSE

Senator Duff of the 25th, moved to suspend the rules for immediate transmittal to the House all resolutions requiring further action by the House.

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 1: 17 p. m. adjourned subject to the call of the chair.