Journal of the Senate 05/01/2018

JOURNAL OF THE SENATE

Tuesday, May 1, 2018

The Senate was called to order at 1:46 p.m., Senator Hartley of the 15th 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 Ecclesiastes 9:17, “The quiet words of the wise are more to be heeded than the shouts of a ruler.” Let us pray. Heavenly father, shed Your beautiful blessings on this body that they give careful thought to the proceedings of the day. Make them mindful of your presence and the awesome responsibility that is given to them to do the best for the people of this state of Connecticut. Help them to protect the most vulnerable amongst us. Help them to judge right between the trivial and the imperative. Enable them to speak honorably and responsibly. Bless, preserve and keep our state, nation and our leaders safe. Watch over our defenders of freedom. Hear us as we pray.

PLEDGE

Senator Doyle of the 9th led the Senate in the Pledge of Allegiance.

COMMUNICATION FROM HIS EXCELLENCY THE GOVERNOR

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

CORRECTED

May 1, 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) and 51-165 of the Connecticut General Statutes, I have the honor to nominate for appointment by you, the Honorable Norma I. Sanchez-Figueroa of South Windsor, to be a

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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 Sheridan Moore who has elected senior judge status.

Dannel P. Malloy Governor

REPORT

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

Report – Access Health Connecticut – Quarterly Data Report for First Quarter ended March 31, 2018 for Calendar Year 2017. (Pursuant to Section 38a-1092(a) of the Connecticut General Statutes) Date received: May 1, 2018 Referred to Committees on Human Services, Insurance and Real Estate and Public Health

MATTERS RETURNED FROM COMMITTEE FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE

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

NO NEW FILES

APPROPRIATIONS. Substitute for S.B. No. 364 (RAISED) (File No. 421) AN ACT REQUIRING REPORTS CONCERNING SPECIAL EDUCATION EXPENDITURES.

APPROPRIATIONS. S.B. No. 376 (RAISED) (File No. 335) AN ACT CONCERNING HEALTH INSURANCE COVERAGE FOR PROSTHETIC DEVICES.

APPROPRIATIONS. Substitute for S.B. No. 458 (RAISED) (File No. 405) AN ACT CONCERNING VARIOUS REVISIONS AND ADDITIONS TO THE EDUCATION STATUTES.

APPROPRIATIONS. S.B. No. 506 (RAISED) (File No. 550) AN ACT CONCERNING EQUIPMENT PROVIDED BY THE DEPARTMENT OF CORRECTION TO PAROLE OFFICERS.

BUSINESS FROM THE HOUSE FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE HOUSE JOINT RESOLUTIONS

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

JUDICIARY. H.J. No. 149 RESOLUTION CONFIRMING THE NOMINATION OF CLAUDIA A. BAIO, ESQUIRE, OF ROCKY HILL TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 150 RESOLUTION CONFIRMING THE NOMINATION OF MAUREEN PRICE BORELAND, ESQUIRE, OF DURHAM TO BE A JUDGE OF THE SUPERIOR COURT.

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JUDICIARY. H.J. No. 151 RESOLUTION CONFIRMING THE NOMINATION OF SUZANNE E. CARON, ESQUIRE, OF BLOOMFIELD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 152 RESOLUTION CONFIRMING THE NOMINATION OF ROBERT W. CLARK, ESQUIRE, OF DURHAM TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 153 RESOLUTION CONFIRMING THE NOMINATION OF RANDY L. COHEN OF WESTPORT TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. H.J. No. 154 RESOLUTION CONFIRMING THE NOMINATION OF CAROLYN M. COLANGELO OF EASTON TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. H.J. No. 156 RESOLUTION CONFIRMING THE NOMINATION OF TRACY LEE DAYTON, ESQUIRE, OF WESTON TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 157 RESOLUTION CONFIRMING THE NOMINATION OF MAUREEN E. DRISCOLL OF FAIRFIELD TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. H.J. No. 158 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE STEVEN D. ECKER OF NEW HAVEN TO BE AN ASSOCIATE JUDGE OF THE SUPREME COURT AND A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 159 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE ANTHONY P. FUSCO OF BROOKFIELD TO BE A FAMILY SUPPORT MAGISTRATE.

JUDICIARY. H.J. No. 160 RESOLUTION CONFIRMING THE NOMINATION OF JODI MURRAY GREGG OF STAMFORD TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. H.J. No. 162 RESOLUTION CONFIRMING THE NOMINATION OF RONALD E. KOWALSKI, II, ESQUIRE, OF NORWALK TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 163 RESOLUTION CONFIRMING THE NOMINATION OF STEPHANIE A. MCLAUGHLIN, ESQUIRE, OF STAMFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 164 RESOLUTION CONFIRMING THE NOMINATION OF MARGARITA HARTLEY MOORE, ESQUIRE, OF MILFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 165 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE RICHARD A. ROBINSON OF STRATFORD TO BE CHIEF JUSTICE OF THE SUPREME COURT AND A JUDGE OF THE SUPERIOR COURT.

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JUDICIARY. H.J. No. 166 RESOLUTION CONFIRMING THE NOMINATION OF DAVID W. SCHOOLCRAFT OF HEBRON TO BE A WORKERS' COMPENSATION COMMISSIONER.

JUDICIARY. H.J. No. 167 RESOLUTION CONFIRMING THE NOMINATION OF JOSEPH B. SCHWARTZ, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 168 RESOLUTION CONFIRMING THE NOMINATION OF JAMES FIELD SPALLONE, ESQUIRE, OF ESSEX TO BE A JUDGE OF THE SUPERIOR COURT.

JUDICIARY. H.J. No. 170 RESOLUTION CONFIRMING THE NOMINATION OF MICHAEL WU, ESQUIRE, OF CANTON TO BE A JUDGE OF THE SUPERIOR COURT.

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE JUDICIAL NOMINATIONS 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. 42 RESOLUTION CONFIRMING THE NOMINATION OF BARBARA D. AARON, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Kissel of the 7th, Bye of the 5th and McLachlan of the 24th.

THE PRESIDENT IN THE CHAIR

Remarking were Senators Markley of the 16th, Suzio of the 13th, Looney of the 11th and Fasano of the 34th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2:26 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 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 N 20 PAUL M. FORMICA Y 3 TIM LARSON Y 21 KEVIN KELLY Y 4 STEVE CASSANO Y 22 MARILYN MOORE

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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 Y 8 KEVIN D. WITKOS N 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 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 Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

JUDICIARY. S.J. No. 43 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE RICHARD G. ADAMS OF MIDDLEFIELD TO BE A FAMILY SUPPORT REFEREE.

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

Remarking was Senator Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2:34 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

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Y 18 HEATHER SOMERS Y 36 L. SCOTT FRANTZ

JUDICIARY. S.J. No. 44 RESOLUTION CONFIRMING THE NOMINATION OF MATTHEW EDWARD AUGER, ESQUIRE, OF GROTON TO BE JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senator Doyle of the 9th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2:38 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 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 N 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 N 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 TONI BOUCHER Y 9 PAUL DOYLE Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 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 Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

JUDICIARY. S.J. No. 45 RESOLUTION CONFIRMING THE NOMINATION OF JENNIFER AGUILAR, ESQUIRE, OF BRANFORD TO BE A FAMILY SUPPORT MAGISTRATE.

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

Remarking was Senator Kissel of the 7th.

The chair ordered the vote be taken by roll call.

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The following is the result of the vote at 2:44 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

JUDICIARY. S.J. No. 46 RESOLUTION CONFIRMING THE NOMINATION OF TEJAS BHATT, ESQUIRE, OF WINDSOR TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Doyle of the 9th and McCrory of the 2nd.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2:48 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 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 N 20 PAUL M. FORMICA

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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 N 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 TONI BOUCHER Y 9 PAUL DOYLE Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 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 Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

JUDICIARY. S.J. No. 47 RESOLUTION CONFIRMING THE NOMINATION OF EUGENE R. CALISTRO, ESQUIRE, OF GUILFORD TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Kissel of the 7th, Boucher of the 26th, Fasano of the 34th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2:57 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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Y 15 JOAN V. HARTLEY N 33 ART LINARES N 16 JOE MARKLEY Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

JUDICIARY. S.J. No. 48 RESOLUTION CONFIRMING THE NOMINATION OF KARYL L. CARRASQUILLA, ESQUIRE, OF WEST HARTFORD 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.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3:01 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

JUDICIARY. S.J. No. 49 RESOLUTION CONFIRMING THE NOMINATION OF COURTNEY CHAPLIN, ESQUIRE, OF MANCHESTER TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senator Doyle of the 9th.

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The chair ordered the vote be taken by roll call.

The following is the result of the vote at 3:05 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE RESOLUTION PLACED ON CONSENT CALENDAR NO. 1

The following resolution was taken from the table, read the third time, the report of the Committee accepted and the resolution placed on Consent Calendar No. 1.

JUDICIARY. S.J. No. 50 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE JOHN E. COLELLA OF NORTH BRANFORD TO BE A FAMILY SUPPORT MAGISTRATE.

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

Remarking was Senator Doyle of the 9th.

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

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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.

JUDICIARY. S.J. No. 51 RESOLUTION CONFIRMING THE NOMINATION OF ERIC D. COLEMAN, ESQUIRE, OF BLOOMFIELD TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Kissel of the 7th, Fonfara of the 1st, Boucher of the 26th, Cassano of the 4th, Larson of the 3rd, Gomes of the 23rd, Flexer of the 29th, Winfield of the 10th, Leone of the 27th, Hartley of the 15th, Formica of the 20th, Bye of the 5th, McCrory of the 2nd, Gerratana of the 6th, Frantz of the 36th, Moore of the 22nd, Logan of the 17th, Guglielmo of the 35th, Slossberg of the 14th, Duff of the 25th, Fasano of the 34th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4:24 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE RESOLUTION PLACED ON CONSENT CALENDAR NO. 1

The following resolution was taken from the table, read the third time, the report of the Committee accepted and the resolution placed on Consent Calendar No. 1.

JUDICIARY. S.J. No. 52 RESOLUTION CONFIRMING THE NOMINATION OF DANIEL E. DILZER OF BERLIN TO BE A WORKERS' COMPENSATION COMMISSIONER.

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

Remarking was Senator Doyle of the 9th.

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

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE JUDICIAL NOMINATIONS 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. 53 RESOLUTION CONFIRMING THE NOMINATION OF NUALA E. DRONEY, ESQUIRE, OF COLUMBIA TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senator Doyle of the 9th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4:36 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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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 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 Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

JUDICIARY. S.J. No. 54 RESOLUTION CONFIRMING THE NOMINATION OF LISA GRASSO EGAN, ESQUIRE, OF NEW HAVEN TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Kissel of the 7th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4:41 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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JUDICIARY. S.J. No. 55 RESOLUTION CONFIRMING THE NOMINATION OF DANIEL J. KLAU, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senator Doyle of the 9th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4:46 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

JUDICIARY. S.J. No. 56 RESOLUTION CONFIRMING THE NOMINATION OF ANN E. LYNCH, ESQUIRE, OF GRANBY TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Doyle of the 9th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 4:54 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19

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Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

JUDICIARY. S.J. No. 57 RESOLUTION CONFIRMING THE NOMINATION OF PETER A. MCSHANE, ESQUIRE, OF MADISON TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking were Senators Kissel of the 7th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5:00 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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N 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS N 26 TONI BOUCHER Y 9 PAUL DOYLE Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 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 Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

SENATOR HARTLEY IN THE CHAIR

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE RESOLUTIONS PLACED ON CONSENT CALENDAR NO. 1

The following resolutions 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. 58 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE INGRID L. MOLL OF WEST HARTFORD 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 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. 59 RESOLUTION CONFIRMING THE NOMINATION OF STEPHEN MORELLI OF BERLIN TO BE A WORKERS' COMPENSATION COMMISSIONER.

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.

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEE JUDICIAL NOMINATIONS 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.

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JUDICIARY. S.J. No. 60 RESOLUTION CONFIRMING THE NOMINATION OF STUART D. ROSEN, ESQUIRE, OF AVON TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senators Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5:11 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

JUDICIARY. S.J. No. 61 RESOLUTION CONFIRMING THE NOMINATION OF JAMES SICILIAN, ESQUIRE, OF WEST HARTFORD TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senators Doyle of the 9th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5:22 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23

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Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

JUDICIARY. S.J. No. 62 RESOLUTION CONFIRMING THE NOMINATION OF NADA K. SIZEMORE, ESQUIRE, OF CROMWELL TO BE A JUDGE OF THE SUPERIOR COURT.

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

Remarking was Senators Doyle of the 9th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5:30 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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Y 8 KEVIN D. WITKOS N 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 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 Y 34 LEONARD FASANO Y 17 GEORGE LOGAN N 35 ANTHONY GUGLIELMO N 18 HEATHER SOMERS N 36 L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE RESOLUTION PLACED ON CONSENT CALENDAR NO. 1

The following resolution was taken from the table, read the third time, the report of the Committee accepted and the resolution placed on Consent Calendar No. 1.

JUDICIARY. S.J. No. 63 RESOLUTION CONFIRMING THE NOMINATION OF MICHELLE D. TRUGLIA OF STAMFORD TO BE A WORKERS' COMPENSATION COMMISSIONER.

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

Remarking were Senators Doyle of the 9th and Leone of the 27th.

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

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.

JUDICIARY. S.J. No. 64 RESOLUTION CONFIRMING THE NOMINATION OF WILLIAM J. WATSON, III, OF BERLIN TO BE A WORKERS' COMPENSATION COMMISSIONER.

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

Remarking was Senators Kissel of the 7th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 5:44 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 23 Those voting Nay ...... 13 Those absent and not voting ...... 0

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On the roll call vote, the resolution was adopted.

The following is the roll call vote:

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 5:53 p.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 36 Those voting Nay ...... 0 Those absent and not voting ...... 0

On the roll call vote, Consent Calendar No. 1 was adopted.

The following is the roll call vote:

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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 PRESIDENT IN THE CHAIR

SUSPENSION OF THE RULES IMMEDIATE TRANSMITTAL TO THE HOUSE

On the motion of Senator Duff of the 25th, the rules were suspended for immediate transmittal to the House of all resolutions needing further action by the House.

BUSINESS ON THE CALENDAR UNFAVORABLE REPORT OF THE JOINT STANDING COMMITTEE UNFAVORABLE REPORT REJECTED RESOLUTION PASSED TEMPORARILY

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

APPROPRIATIONS. S.R. No. 10 (File No. 620) RESOLUTION PROPOSING APPROVAL OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE UNIVERSITY OF CONNECTICUT BOARD OF TRUSTEES AND THE GRADUATE EMPLOYEE UNION LOCAL 6950- INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (GEU-UAW).

Senator Osten of the 19th moved to reject the Committee’s unfavorable report.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 6:00 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 motion passed and the unfavorable report was rejected.

The following is the roll call vote:

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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

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

RECESS

On the motion of Senator Duff of the 25th, the Senate at 6:00 p.m. recessed.

AFTER RECESS

The Senate reconvened at 8:39 p.m., the President in the Chair.

BUSINESS ON THE CALENDAR FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES BILLS PLACED ON CONSENT CALENDAR NO. 2

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. 2.

EDUCATION. S.B. No. 186 (RAISED) (File No. 131) AN ACT CONCERNING SCHOOL COUNSELORS.

Senator Slossberg of the 14th explained the bill and moved passage.

On the motion of Senator Slossberg of the 14th, the bill was placed on Consent Calendar No. 2.

GENERAL LAW. S.B. No. 432 (RAISED) (File No. 224) AN ACT CONCERNING THE SALE OF ABANDONED OR UNUSED CEMETERY LOTS.

Senator Witkos of the 8th explained the bill, offered Senate Amendment Schedule “A” (LCO 4114) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 4114) was adopted.

The following is the Amendment:

In line 2, change the effective date to "Effective July 1, 2018, and applicable to contracts entered into on and after said date"

On the motion of Senator Witkos of the 8th, the bill as amended by Senate Amendment Schedule “A” (LCO 4114) was placed on Consent Calendar No. 2.

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HUMAN SERVICES. Substitute for S.B. No. 436 (RAISED) (File No. 339) AN ACT PROMOTING PUBLIC-PRIVATE PARTNERSHIPS FOR THE COST-EFFICIENT DELIVERY OF HUMAN SERVICES.

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

Remarking was Senator Kelly of the 21st.

On the motion of Senator Witkos of the 8th, the bill was placed on Consent Calendar No. 2.

JUDICIARY. Substitute for S.B. No. 466 (RAISED) (File No. 549) AN ACT CONCERNING DUAL ARRESTS AND THE TRAINING REQUIRED OF LAW ENFORCEMENT PERSONNEL WITH RESPECT TO DOMESTIC VIOLENCE.

Senator Doyle of the 9th explained the bill, offered Senate Amendment Schedule “A” (LCO 4548) and moved adoption.

Remarking was Senator Kissel of the 7th.

On a voice vote, Senate Amendment Schedule “A” (LCO 4548) was adopted.

The following is the Amendment:

In line 208, after the period, insert the following: "(j) The provisions of this section shall not apply to persons who are (1) attending an institution of higher education and presently residing together in on-campus housing, provided such persons are not in a dating relationship, and (2) presently residing in a dwelling unit, as defined in section 47a-1, and making payments pursuant to a rental agreement, as defined in section 47a-1, provided such persons are not in a dating relationship."

Remarking were Senators Kissel of the 7th, Flexer of the 29th, Cassano of the 4th and Witkos of the 8th.

On the motion of Senator Witkos of the 8th, the bill as amended by Senate Amendment Schedule “A” (LCO 4548) was placed on Consent Calendar No. 2.

JUDICIARY. Substitute for S.B. No. 517 (RAISED) (File No. 554) AN ACT CONCERNING THE PROVISION OF NOTICE OF CONDEMNATION AND ASSESSMENT OF DAMAGES FROM THE COMMISSIONER OF TRANSPORTATION TO A PERSON HAVING AN INTEREST OF RECORD.

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

Remarking was Senator Doyle of the 9th.

On the motion of Senator Kissel of the 7th, the bill was placed on Consent Calendar No. 2.

JUDICIARY. Substitute for S.B. No. 13 (File No. 603) AN ACT CONCERNING FAIR TREATMENT OF INCARCERATED WOMEN.

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Senator Doyle of the 9th explained the bill, offered Senate Amendment Schedule “A” (LCO 4753) and moved adoption.

Remarking was Senator Kissel of the 7th.

On a voice vote, Senate Amendment Schedule “A” (LCO 4753) was adopted.

The following is the Amendment:

Strike section 1 in its entirety and insert the following in lieu thereof: "Section 1. (NEW) (Effective October 1, 2018) (a) The Commissioner of Correction shall ensure that at least one departmental or contracted, licensed health care provider who is employed at the York Correctional Institution (1) has been trained in prenatal and postpartum medical care, and (2) has knowledge of and the ability to educate any inmate who is pregnant concerning prenatal nutrition, high-risk pregnancy and addiction and substance abuse during pregnancy and childbirth. (b) Upon admission to the York Correctional Institution, each inmate shall be assessed for pregnancy by a licensed health care provider. The licensed health care provider shall inform the inmate of any necessary medical tests associated with the pregnancy assessment prior to the administration of such tests. (c) The York Correctional Institution shall provide each inmate who is pregnant with: (1) Counseling and written material, in a form that may be reasonably understood, concerning (A) the inmate's options with regard to her pregnancy, (B) prenatal nutrition, (C) maintaining a healthy pregnancy, (D) labor and delivery, (E) the postpartum period, (F) the institution's policies and practices regarding the care of an inmate during pregnancy, labor and delivery and the postpartum period, and (G) restrictions on the use of restraints on pregnant inmates, (2) medical care at the correctional institution, which shall include, but not be limited to: (A) Periodic health monitoring and evaluation during pregnancy, and (B) prenatal vitamins or supplements, as deemed necessary by a licensed health care provider, (3) a diet containing the nutrients necessary to maintain a healthy pregnancy, as determined by a licensed health care provider trained in prenatal care, (4) the clothing, undergarments and sanitary materials deemed appropriate by a licensed health care provider who has been trained in prenatal and postpartum medical care, (5) the opportunity for a minimum of one hour of ambulatory movement every day, and (6) access to treatment for postpartum depression by a qualified mental health professional, provided such treatment is deemed necessary by a licensed health care provider who has been trained in postpartum medical care. If a departmental or contracted licensed health care provider in prenatal medical care, or any other health care professional who evaluates or treats an inmate who is pregnant, determines that the inmate's pregnancy is high risk or involves any other medical complication for either the inmate or the baby, such inmate shall be immediately transferred to the medical infirmary setting or any hospital deemed appropriate, as determined by such health care provider or professional. The written material provided to an inmate pursuant to subdivision (1) of this subsection shall be known as the "Pregnant Woman's Guide". (d) Except as provided in this subsection, correctional staff of the York Correctional Institution shall not use any leg or waist restraint on any inmate of the institution who is known to be pregnant or in the postpartum period. An inmate known to be pregnant may only be restrained using handcuffs that are placed on the wrists held in front of the inmate's body, except an inmate may be placed in wrist, leg or waist restraints if (1) there are compelling grounds to believe that an inmate presents (A) an immediate and serious threat of harm to herself, staff and others, or (B) a substantial flight risk and cannot be reasonably contained by other means, and (2) use of such restraints is approved by the unit administrator of the institution, or his or her designee, except under exigent circumstances. Such restraints shall be the least restrictive kind of restraints considering the circumstances. Correctional staff shall document, in writing, the reasons for such determination, the kind of restraints used and the reasons staff considered such restraints to be the least restrictive kind available and the most reasonable means of preventing harm or escape. The correctional staff of the York Correctional Institution shall ensure that any inmate, who is determined to be in the second or third trimester of a pregnancy by a licensed health care provider,

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is transported to and from visits to health care providers and court proceedings in a vehicle with seatbelts. If an attending physician or advanced practice registered nurse requests that the inmate's restraints be removed for medical reasons, correctional staff shall immediately remove the restraints. Nothing in this subsection shall prohibit the use of medical restraints by a licensed health care provider to ensure the medical safety of the inmate. As used in this subsection and subsection (e) of this section, "restraints" means metal handcuffs, metal leg restraints and waist and tether chains. (e) Each pregnant inmate of the York Correctional Institution shall receive labor and delivery services in a hospital deemed appropriate by a departmental or contracted, licensed health care provider. Notwithstanding the provisions of subsection (d) of this section, an inmate who is in any stage of labor or delivery, as determined by a licensed health care provider, shall not be placed in restraints at any time, including, but not limited to, during transportation to the hospital. If a correction officer is present with the inmate during any stage of labor or delivery, such correction officer shall be female, if possible. Such correction officer shall be positioned in a location that ensures the inmate's privacy, to the extent possible. (f) Any inmate in the postpartum period shall be assessed by a licensed health care provider upon return to the correctional institution. Each inmate in the postpartum period shall be housed in a medical or mental health housing unit at the correctional institution until discharged by a licensed health care provider. (g) The York Correctional Institution shall provide a pregnant inmate, prior to the inmate's release, with counseling and discharge planning to ensure, to the extent feasible, the continuity of prenatal and pregnancy-related care, including substance abuse programs and treatment referrals when deemed appropriate." In line 96, insert a period after "babies" and strike "and a neonatal intensive care unit" Strike lines 97 and 98 in their entirety In line 148, after the closing bracket insert, ", in consultation with the Department of Mental Health and Addiction Services," Strike section 8 in its entirety and substitute the following in lieu thereof: "Sec. 8. (NEW) (Effective July 1, 2018) Any inmate of a correctional institution, as described in section 18-78 of the general statutes, who has a gender identity that differs from the inmate's assigned sex at birth and has a diagnosis of gender dysphoria, as set forth in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders", shall: (1) Be addressed by correctional staff in a manner that is consistent with the inmate's gender identity, (2) have access to commissary items, clothing, personal property, programming and educational materials that are consistent with the inmate's gender identity, and (3) have the right to be searched by a correctional staff member of the same gender identity, unless the inmate requests otherwise or under exigent circumstances. An inmate who has a birth certificate, passport, or driver's license that reflects his or her gender identity or who can meet established standards for obtaining such a document to confirm the inmate's gender identity shall presumptively be placed in a correctional institution with inmates of the gender consistent with the inmate’s gender identity. Such presumptive placement may be overcome by a demonstration by the Commissioner of Correction, or the commissioner's designee, that the placement would present significant safety, management, or security problems. In making determinations pursuant to this section, the inmate's views with respect to his or her safety shall be given serious consideration by the Commissioner of Correction, or the commissioner's designee." After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. (Effective from passage) On or before October 1, 2019, the Commissioner of Correction, or the commissioner's designee, shall report in accordance with the provisions of section 11-4a of the general statutes to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on instances during the period of time from July 1, 2018, to June 30, 2019, in which (1) more than one type of restraint, as described in subsection (d) of section 1 of this act, was simultaneously used on a pregnant inmate, (2) an inmate incarcerated in a correctional institution has given birth outside of a traditional hospital setting, and (3) a pregnant inmate was held in administrative segregation." This act shall take effect as follows and shall amend the following sections:

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Section 1 October 1, 2018 New section Sec. 8 July 1, 2018 New section Sec. 501 from passage New section

Remarking was Senator Winfield of the 10th.

On the motion of Senator Doyle of the 9th, the bill as amended by Senate Amendment Schedule “A” (LCO 4753) was placed on Consent Calendar No. 2.

HUMAN SERVICES. Substitute for S.B. No. 246 (RAISED) (File No. 159) AN ACT LIMITING AUTO REFILLS OF PRESCRIPTION DRUGS COVERED UNDER THE MEDICAID PROGRAM.

Senator Moore of the 22nd explained the bill, offered Senate Amendment Schedule “A” (LCO 4345) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 4345) 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 Commissioner of Social Services, in accordance with subsections (b) to (d), inclusive, of this section, may prohibit a pharmacy provider from automatically refilling certain prescription drugs for a medical assistance recipient, regardless of whether a recipient requests or consents to participation in an automatic prescription drug refill program. For any prescription subject to this prohibition, the Department of Social Services shall not make payment for a refill without an explicit verbal or written request for such payment from the recipient or the recipient's legal representative. (b) The commissioner shall submit recommendations on the types, classes or usage of prescription drugs to be subject to the automatic refill prohibition described in subsection (a) of this section, and for prescription drugs to be exempted from such prohibition, to the joint standing committee of the General Assembly having cognizance of matters relating to human services. (c) Not later than thirty days after the date of their receipt of such recommendations, the joint standing committee shall hold a public hearing on the recommendations, and notify the Commissioner of Social Services of the date and time of the public hearing. If the joint standing committee does not schedule the public hearing, the recommendations shall be deemed approved. At the conclusion of the public hearing held in accordance with the provisions of this section, the joint standing committee shall advise the commissioner of its approval, denial or modifications, if any, of the commissioner's recommendations. If the joint standing committee denies the commissioner's recommendations, the commissioner shall not implement such recommendations but may submit new recommendations to the committee for action in accordance with this subsection. (d) The commissioner shall submit the recommendations, as approved or modified in accordance with subsection (c) of this section, to the Pharmaceutical and Therapeutics Committee established pursuant to section 17b-274d of the general statutes, as amended by this act. Sec. 2. Subsection (j) of section 17b-274d of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (j) The Pharmaceutical and Therapeutics Committee may also make recommendations to the department regarding (1) the prior authorization of any prescribed drug, and (2) what prescribed drug, if any, should be eligible for automatic refill. Sec. 3. Section 19a-755a of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (a) As used in this section:

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(1) "All-payer claims database" means a database that receives and stores data from a reporting entity relating to medical insurance claims, dental insurance claims, pharmacy claims and other insurance claims information from enrollment and eligibility files. (2) (A) "Reporting entity" means: (i) An insurer, as described in section 38a-1, licensed to do health insurance business in this state; (ii) A health care center, as defined in section 38a-175; (iii) An insurer or health care center that provides coverage under Part C or Part D of Title XVIII of the Social Security Act, as amended from time to time, to residents of this state; (iv) A third-party administrator, as defined in section 38a-720; (v) A pharmacy benefits manager, as defined in section 38a-479aaa; (vi) A hospital service corporation, as defined in section 38a-199; (vii) A nonprofit medical service corporation, as defined in section 38a-214; (viii) A fraternal benefit society, as described in section 38a-595, that transacts health insurance business in this state; (ix) A dental plan organization, as defined in section 38a-577; (x) A preferred provider network, as defined in section 38a-479aa; and (xi) Any other person that administers health care claims and payments pursuant to a contract or agreement or is required by statute to administer such claims and payments. (B) "Reporting entity" does not include an employee welfare benefit plan, as defined in the federal Employee Retirement Income Security Act of 1974, as amended from time to time, that is also a trust established pursuant to collective bargaining subject to the federal Labor Management Relations Act. (3) "Medicaid data" means the Medicaid provider registry, health claims data and Medicaid recipient data maintained by the Department of Social Services. (4) "CHIP data" means the provider registry, health claims data and recipient data maintained by the Department of Social Services to administer the Children's Health Insurance Program. (b) (1) There is established an all-payer claims database program. The Health Information Technology Officer, designated under section 19a-755, shall: (A) Oversee the planning, implementation and administration of the all-payer claims database program for the purpose of collecting, assessing and reporting health care information relating to safety, quality, cost- effectiveness, access and efficiency for all levels of health care; (B) ensure that data received is securely collected, compiled and stored in accordance with state and federal law; and (C) conduct audits of data submitted by reporting entities in order to verify its accuracy. (2) The Health Information Technology Officer shall seek funding from the federal government, other public sources and other private sources to cover costs associated with the planning, implementation and administration of the all-payer claims database program. (3) (A) Upon the adoption of reporting requirements as set forth in subsection (b) of section 19a-755, a reporting entity shall report health care information for inclusion in the all-payer claims database in a form and manner prescribed by the Health Information Technology Officer. The Health Information Technology Officer may, after notice and hearing, impose a civil penalty on any reporting entity that fails to report health care information as prescribed. Such civil penalty shall not exceed one thousand dollars per day for each day of violation and shall not be imposed as a cost for the purpose of rate determination or reimbursement by a third-party payer. (B) The Health Information Technology Officer may provide the name of any reporting entity on which such penalty has been imposed to the Insurance Commissioner. After consultation with said officer, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to recover any penalty imposed pursuant to subparagraph (A) of this subdivision. (4) The Commissioner of Social Services shall submit Medicaid and CHIP data to the Health Information Technology Officer for inclusion in the all-payer claims database only for purposes related to administration of the State Medicaid [Plan] and CHIP Plans, in accordance with 42 CFR 431.301 to 42 CFR 431.306, inclusive. (5) The Health Information Technology Officer shall: (A) Utilize data in the all-payer claims database to provide health care consumers in the state with information concerning the cost and quality of health care services for the purpose of allowing such consumers to make economically

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sound and medically appropriate health care decisions; and (B) make data in the all-payer claims database available to any state agency, insurer, employer, health care provider, consumer of health care services or researcher for the purpose of allowing such person or entity to review such data as it relates to health care utilization, costs or quality of health care services. If health information, as defined in 45 CFR 160.103, as amended from time to time, is permitted to be disclosed under the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time, or regulations adopted thereunder, any disclosure thereof made pursuant to this subdivision shall have identifiers removed, as set forth in 45 CFR 164.514, as amended from time to time. Any disclosure made pursuant to this subdivision of information other than health information shall be made in a manner to protect the confidentiality of such other information as required by state and federal law. The Health Information Technology Officer may set a fee to be charged to each person or entity requesting access to data stored in the all-payer claims database. (6) The Health Information Technology Officer may (A) in consultation with the All-Payer Claims Database Advisory Group set forth in section 17b-59f, enter into a contract with a person or entity to plan, implement or administer the all-payer claims database program, (B) enter into a contract or take any action that is necessary to obtain data that is the same data required to be submitted by reporting entities under Medicare Part A or Part B, (C) enter into a contract for the collection, management or analysis of data received from reporting entities, and (D) in accordance with subdivision (4) of this subsection, enter into a contract or take any action that is necessary to obtain Medicaid and CHIP data. Any such contract for the collection, management or analysis of such data shall expressly prohibit the disclosure of such data for purposes other than the purposes described in this subsection." This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 from passage 17b-274d(j) Sec. 3 from passage 19a-755a

Remarking was Senator Markley of the 16th.

On the motion of Senator Moore of the 22nd, the bill as amended by Senate Amendment Schedule “A” (LCO 4345) was placed on Consent Calendar No. 2.

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 9:40 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

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Y 6 TERRY B. GERRATANA Y 24 MICHAEL A. MCLACHLAN Y 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN D. WITKOS Y 26 TONI BOUCHER Y 9 PAUL DOYLE Y 27 CARLO LEONE Y 10 GARY WINFIELD Y 28 TONY HWANG Y 11 MARTIN M. LOONEY Y 29 MAE M. FLEXER Y 12 TED KENNEDY Y 30 CRAIG MINER Y 13 LEN SUZIO Y 31 HENRI MARTIN Y 14 GAYLE SLOSSBERG Y 32 ERIC BERTHEL Y 15 JOAN V. HARTLEY Y 33 ART LINARES Y 16 JOE MARKLEY Y 34 LEONARD FASANO Y 17 GEORGE LOGAN Y 35 ANTHONY GUGLIELMO Y 18 HEATHER SOMERS Y 36 L. SCOTT FRANTZ

BUSINESS ON THE CALENDAR FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE BILL FAILED

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

COMMITTEE ON CHILDREN. Substitute for S.B. No. 318 (RAISED) (File No. 135) AN ACT ESTABLISHING A TASK FORCE TO STUDY INTERVENTIONS FOR AT-RISK YOUTH.

Senator Moore of the 22nd explained the bill, offered Senate Amendment Schedule “A” (LCO 4696) and moved adoption.

On a voice vote, Senate Amendment Schedule “A” (LCO 4696) was adopted.

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof: "Section 1. (NEW) (Effective October 1, 2018) (a) For the purposes of this section: (1) "Employee" means any person (A) paid on an hourly basis, or (B) not exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time, and (C) employed in: (i) Any occupation in the mercantile trade, defined as the trade of wholesale or retail selling of commodities and any operation supplemental or incidental thereto, including, but not limited to, buying, delivery, maintenance, office, stock and clerical work and excluding repair and service employees if the majority of their duties are unrelated to the mercantile trade; (ii) Any restaurant occupations, including all persons engaged in the preparation and serving of food for human consumption, or in any operation incidental or supplemental thereto irrespective of whether the food is served at or away from the point of preparation, and irrespective of whether the preparation and serving of food is the sole business of the employing establishment or enterprise, with the exception that this definition shall not include the preparation and serving of food in a nonprofit educational, charitable or religious organization where the food service is not regularly available to the general public, or the preparation and serving of food in hospitals, convalescent homes or homes for the elderly where the food service is not regularly available to the general public and is incidental to the care of the patient. This occupation includes, but is not limited to, employees of restaurants, cafeterias, that portion of hotel business involving the preparation and serving of food, commissaries, fast food outlets, grills, coffee shops, luncheonettes, sandwich shops, tearooms, nightclubs, cabarets, automats, caterers, frankfurter stands, operators of food vending machines and that portion of the business involving the serving

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of food in department stores, drugstores, candy stores, bakeries, pizzerias, delicatessens, places of amusement and recreation, commercial and industrial establishments and social, recreational, fraternal and professional clubs that either regularly or intermittently serve food, as well as other establishments or businesses meeting the condition stated in this paragraph; (iii) Any occupation within a hotel, motel, resort or casino with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: 35-3010 Bartenders; 35- 9020 Dishwashers; 35-9030 Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; 37-2010 Building Cleaning Workers; 37-3010 Grounds Maintenance Workers; 39-3030 Ushers, Lobby Attendants and Ticket Takers; 39-6010 Baggage Porters, Bellhops and Concierges; 43-4080 Hotel, Motel and Resort Desk Clerks; 43-4170 Receptionists and Information Clerks; and (iv) Any occupation within a nursing or residential care facility defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: 31-1130 Nursing Assistants, Orderlies and Psychiatric Aides; (2) "Employer" has the same meaning as provided in section 31-71a of the general statutes, who employs not less than twenty-five employees; (3) "Regular rate" has the same meaning as provided in section 31-76b of the general statutes; (4) "Shift" means the consecutive hours an employer schedules an employee to work, or to be available to report to work at the request or permission of the employer, provided that a break of one hour or less shall not be considered an interruption of consecutive hours; and (5) "Work schedule" means a written notice of an employee's regular and on-call hours during a consecutive seven-day period. (b) An employee shall receive one-half of such employee's regular rate of pay for any scheduled hours such employee does not work due to the employer cancelling or reducing scheduled work hours (1) after such employee reports to work on any day, or (2) when the employer notifies such employee of the reduction or cancellation within twenty-four hours of the scheduled start of such shift. (c) No compensation is owed under subsection (b) of this section when scheduled work hours are reduced or canceled due to: (1) A written employee request, including, but not limited to, a request to use sick leave, vacation leave or other leave policies offered by the employer; (2) A mutually agreed upon shift trade or coverage arrangement between employees, subject to any existing employer policy regarding required conditions for employees to exchange shifts; or (3) The inability of an employer to begin or continue operations due to: (i) Threats to the employees or the employer's property; (ii) The failure of a public utility or the shutdown of public transportation; (iii) A fire, flood or other natural disaster; (iv) A state of emergency declared by the Governor or the President of the United States; or (v) Severe weather conditions that pose a threat to employee safety, as determined by the Labor Commissioner. (d) Nothing in subsection (b) of this section shall prohibit an employer from adopting policies related to scheduling that are more beneficial to an employee than those required pursuant to this section. (e) Nothing in subsection (b) of this section shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing policies that are more beneficial to an employee than those required herein. (f) Nothing in subsection (b) of this section shall prohibit any employer from scheduling an employee for a shift with less than twenty-four hours' notice, provided such shift is mutually agreed upon in writing by the employee and employer. (g) Each employer shall keep at the place of employment for a period of three years a true and accurate record of the shifts worked each day and each week by each employee, each employee's work schedule and any revisions to such work schedule. (h) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to provide for the implementation and enforcement of the provisions of this section."

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This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2018 New section

Remarking were Senators Kennedy of the 12th, Bye of the 5th, Somers of the 18th, Gerratana of the 6th, Fonfara of the 1st, Gomes of the 23rd, Larson of the 3rd, McLachlan of the 24th, Miner of the 30th, Cassano of the 4th, Kelly of the 21st, Formica of the 20th, Suzio of the 13th, Witkos of the 8th, Duff of the 25th, Fasano of the 34th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 12:05 a.m.:

Total Number Voting ...... 36 Necessary for Adoption ...... 19 Those voting Yea ...... 16 Those voting Nay ...... 20 Those absent and not voting ...... 0

On the roll call vote, the bill as amended by Senate Amendment Schedule “A” (LCO 4696) failed.

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 N 14 GAYLE SLOSSBERG N 32 ERIC BERTHEL N 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

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 12:08 a.m. adjourned subject to the call of the chair.

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