1994 GENERAL ASSEMBLY
                        SENATE
THURSDAY
April 28, 1994
    The Senate was called to order at 2:00 p.m., the
President in the Chair.
April 28, 1994                                      tcc
THE CHAIR:
    Will the Senate please come to order and will you
all rise please and give your attention to Father Nock,
who will lead us in prayer.
CHAPLAIN REV. JAMES J. NOCK:
    Let us pray.  Almighty Father.  We ask your
blessing on our Circle this afternoon as we take on the
most difficult task of dealing with finances.  With
limited funds, help us to seek priorities that will
assure the health and welfare of those in need, while
assuring a solid future of our state family in general.
We ask this of You who live and reign, forever and
ever.  Amen.
THE CHAIR:
    Thank you very much, Father.  Senator Gunther,
would you lead us in the Pledge of Allegiance.
SENATOR GUNTHER:
    I pledge allegiance to the flag of the United
States of America and to the republic for which it
stands, one nation, under God, indivisible, with
liberty and justice for all.
THE CHAIR:
    Thank you very much, Senator.  Mr. Clerk, do you
have any business on your desk, sir?
THE CLERK:
    Madam President, the Clerk is in possession of
Senate Agenda #1 for Thursday, April 28, 1994, copies
of which have been distributed.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I move acceptance of
the Senate Agenda #1, dated Thursday, April 28, 1994.
THE CHAIR:
    Thank you very much.  You have before you Senator
DiBella's motion regarding Senate Agenda #1 for
Thursday, April 28th.  Is there any objection?  Any
objection?  Hearing none, so ordered.
                   SENATE AGENDA #1
1.  REPORT(S) RECEIVED - and referred to the committee
    indicated.
    Connecticut Law Revision Commission
    1993 Ninteenth Annual Report (Sections 2-85
    through 2-88 of the G.S.)
    Date of Receipt:  4/28/94
    Referred to Judiciary
2.  INTRODUCTION OF SENATE RESOLUTION
    SR24, RESOLUTION HONORING THE DEDICATION OF THE
    SGT. THOMAS G. SMITH PARK IN MIDDLETOWN,
    CONNECTICUT.
         Introduced by Senator Larson, 3rd District
          et al
                 END SENATE AGENDA #1
THE CHAIR:
    Senator Genuario.
SENATOR GENUARIO:
    Thank you, Madam President.  I rise for a Point of
Personal Privilege.
THE CHAIR:
    Yes, sir.
SENATOR GENUARIO:
    Madam President, I have here today some good
friends and constituents from Norwalk, Donna
Kavenieuski and her son Peter Kavenieuski and their
friends, Adam and Jonathan Bovy.  Peter, Jonathan and
Adam are students at Our Lady of Fatima School in
Wilton and I understand that they are excellent,
excellent students, and I'd appreciate if the Circle
would give them their traditional warm welcome.
APPLAUSE
THE CHAIR:
    Thank you very much, Senator Genuario.  Senator
Mustone.
SENATOR MUSTONE:
    Yes, Madam President.  On a Point of Personal
Privilege please.  Today is Take Your Daughter to Work
Day and while I have four daughters who are grown and
live out of state and I have six granddaughters, I have
borrowed a daughter today, my neighbor, and I'd like to
have the Senate please welcome Kate Nabel from Meriden.
Would you stand, Kate?
APPLAUSE
THE CHAIR:
    Thank you very much.  Are there any other Points of
Personal Privilege?  Senator Larson.
SENATOR LARSON:
    Thank you, Madam President.  I too rise on a Point
of Personal Privilege, and while I also have two
daughters at home, I pleased to point out to the
members of the caucus that today, with our Senate
Counsel, Joe Flynn, we have his daughter, Becky, who is
with him today, and of course, her grandfather does
such an outstanding job for us as well, assisting the
Senate Clerks.  Won't you please rise and welcome in
the balcony, Becky Flynn.
APPLAUSE
    I know as well, Madam President, that Jack Cologne
is here with a number of students from Bay Concert
School that has brought over as well.  I'm looking in
the balcony.  I don't see them.  Perhaps they went down
to the House, but I did want to recognize them as well.
Thank you, Madam President.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to make any Points of Personal Privilege or any
announcements?  If not, the Chair would recognize
Senator DiBella.  Oh, I'm sorry, exuse me.  Senator
Peters, I didn't see you.  I apologize.  Excuse me,
Senator DiBella.  Yes.
SENATOR PETERS:
    Thank you, Madam President.   A Point of Personal
Privilege.
THE CHAIR:
    Yes, ma'am.  To notify the caucus and their
visitors that today is National Workers Memorial Day,
memorializing the workers, be it organized or not, who
have given their lives to the workplace and also
respecting their families that have been affected by
that.  There are 7 million workers injured or killed on
the job nationally and April 28th has been a national
day to recognize that and I would like to say that it's
my pleasure that the New London Central Labor Council,
AFL-CIO, which I am president of, is dedicating a
monument to the workers, the workforce of Connecticut,
in Groton at Washington Park this afternoon and I'm
honored to share that with this Circle.  Thank you.
THE CHAIR:
    Thank you very much, Senator Peters.  Yes, Senator
Harp.
SENATOR HARP:
    Madam President, a Point of Personal Privilege.  I
would like to have the Senate welcome the men from the
Grand Street Partnership, a program through the Hill
Health Center in New Haven, Connecticut.  Would you
please stand and give them our normal welcome.
APPLAUSE
THE CHAIR:
    Thank you, Senator.  Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I will not read the
Calendar.  What I am proposing is to refer two bills to
committees -- committee, and then go back into caucus
and try to have a program that we can move forward on.
    On Page 9, Calendar Item No. 353, Substitute for
Senate Bill No. 398, I move this be referred to the
Committee on Appropriations.
THE CHAIR:
    Is there any objection to referring Senate Calendar
353, Substitute for Senate Bill No. 398, to the
Committee on Appropriations?  Is there any objection?
Any objection?  Hearing none, so ordered.
SENATOR DIBELLA:
    On Page 24, Calendar No. 351, Substitute for Senate
Bill No. 262, I'd move this be referred to the
Committee on Insurance and Real Estate.
THE CHAIR:
    Is there any objection to referring Senate Calendar
No. 351, Substitute for Senate Bill No. 262, to the
Committee on Insurance and Real Estate?  Is there any
objection?  Senator Harper.  Any objection?  Hearing
none, so ordered.  Senator Harper.
SENATOR HARPER:
    Thank you, Madam President.  I wish to speak for a
Point of Personal Privilege.
THE CHAIR:
    Yes, sir.
SENATOR HARPER:
    There will be an Appropriations Committee meeting
at 3:00 p.m. in Room 310 to take up the referral that
was just made of the tax package and I believe another
bill or two.  Thank you.
THE CHAIR:
    Thank you very much.
SENATOR DIBELLA:
    Thank you, Madam President.  I would ask that we
stand in recess until 4:00.
THE CHAIR:
    Hearing no objection, the Senate will stand in
recess.  Senator Eads.
SENATOR EADS:
    No, objection to the recessing.  I know we had
ended it or thought of it, but there will be an
immediate Republican Caucus.  Thank you.
THE CHAIR:
    Senator Williams.
SENATOR WILLIAMS:
    Madam President, there will be an Insurance
Committee meeting at 3:00 outside the House of the Hall
-- the Hall of the House.
LAUGHTER
SENATOR DIBELLA:
    There will be an immediate Senate Democratic Caucus
in the caucus room.
THE CHAIR:
    There's a motion to recess until 4:00.  If there's
no objection, the Senate will stand in recess.
    On motion of Senator DiBella of the 1st, the Senate
at 2:10 p.m. recessed.
    The Senate reconvened at 5:36 p.m., the President
in the Chair.
THE CHAIR:
    Mr. Clerk, do you have any business on your desk?
THE CLERK:
    Madam President, the Clerk is in possession of
Senate Agenda #2 for Thursday, April 28, 1994.
THE CHAIR:
    Thank you very much.  Senator DiBella.  Senator
DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I move acceptance of
Senate Agenda #2, dated Thursday, April 28, 1994.
THE CHAIR:
    Thank you very much.  You have before Senator
DiBella's motion regarding Agenda #2 for April 28,
1994.  Is there any objection?  Any objection?  Hearing
none, so ordered.
                   SENATE AGENDA #2
1.  MATTER(S) RETURNED FROM COMMITTEE - to be tabled
    for the Calendar.
    Appropriations
    Substitute SB398, AN ACT CONCERNING MODIFICATIONS
    TO CERTAIN TAXES IMPOSED ON INDIVIDUALS AND
    BUSINESSES.
         4/28 Senate Referred Finance Bill to
              Appropriations
              No New File
                   SENATE AGENDA #2
THE CHAIR:
    Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  Thank you, Madam
President, for the purpose of the Calendar.  Hopefully
-- I will call only those bills that we will take
action.  All others will be Pass Retained in their
place.
    On Page 1, Calendar No. 59 is a Go.
    On Page 2, Calendar Item No. 236 is a Go.
    On Page 3, Calendar Item No. 246 is a Go. Calendar
Item No. 278 is a Go.
    On Page 4, Calendar Item No. 288 is a Go.  Calendar
Item No. 293 is a Go.  Calendar Item No. 300 is a Go.
    On Page 5, Calendar Item No. 316 is Passed
Temporarily.
    On Page 9, Calendar Item No. 364 is a Go.  Calendar
Item No. 365 is a Go.
    On Page 10, Calendar Item No. 377 is a Go.
    On Page 11, Calendar Item No. 388 is a Go.
    On Page 16, Calendar Item No. 54, Substitute for
Senate Bill No. 38, I would move this be referred to
the Committee on Finance, Revenue and Bonding.
THE CHAIR:
    Is there any objection to referring Senate Calendar
54, Substitute for Senate Bill 38, to the Committee on
Finance, Revenue and Bonding?  Is there any objection?
Any objection?  So ordered.
SENATOR DIBELLA:
    Page 18, Calendar Item No. 182 is Passed
Temporarily.  Calendar Item No. 184 is Passed
Temporarilyi.
    On Page 19, Calendar Item No. 213 is a Go.
Calendar Item No. 215 and Calendar Item No. 221 are
Passed Temporarily.
    On Page 20, Calendar Item No. 222 is a Go.
    On Page 21, Calendar Item No. 235 is a Go.
Calendar Item No. 238 is a Go.  Calendar Item 253 is a
Go.  Calendar Item No. 254 is a Go.
    On Page 22, Calendar Item No. 258 is a Go.
Calendar Item 261 is Passed Temporarily.  Calendar Item
No. 310 on Page 23 is Passed Temporarily.
    Those are the markings for April 28, 1994, Madam
President.  We will proceed through that.  Hopefully we
can get through that.  That will be the end of the
Agenda.
THE CHAIR:
    Thank you.  Mr. Clerk.
THE CLERK:
    Senate Calendar for Thursday, April 28, 1994,
Calendar Page 1, Favorable Reports, Calendar No. 59,
File No. 49, Senate Bill No. 311, AN ACT REVISING TITLE
16 OF THE GENERAL STATUTES.
    Favorable Report of the Committee on Energy and
Public Utilities.
    The Clerk is in possession of five amendments.
THE CHAIR:
    Five?  Thank you very much, Mr. Clerk.  The Chair
would recognize Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much.
SENATOR PETERS:
    Madam President, I would like to call LCO952.
THE CLERK:
    LCO952, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    The Chair would recognize Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I seek leave to
summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR PETERS:
    What this proposal does or amendment does is allow
the city or municipality to purchase the Bosrah Light &
Power Company which currently serves Bosrah, Franklin,
Lebanon and Montville.  The current law allows the
municipal electric utility to serve the town in which
it is located.  It also requires a two-thirds vote of
the city council and a majority vote in a referendum.
    It also waives the requirement that at least 15
percent of the electorate vote in the referendum in
order to be passed and I urge adoption of the
amendment.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Amendment "A"?  Are there any
further remarks on Senate Amendment "A"?  If not then,
please let me know your mind.  All those in favor of
LCO No. 952, designated by the Clerk as Senate
Amendment "A", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
THE CHAIR:
    Mr. Clerk or Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I ask the Clerk to
call LCO4728.
THE CLERK:
    LCO4728, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I'd like to summarize.
THE CHAIR:
    Move passage of the amendment.
SENATOR PETERS:
    I'm sorry.  I move passage of the amendment and
seek leave to summarize.
THE CHAIR:
    Please proceed.
SENATOR PETERS:
    Thank you.  Last year this legislature adopted
Public Act 93-268, which encouraged the shared use of
telecommunications towers.  This proposal allows an
entity that agrees to share its tower to file a request
for approval with the Connecticut Siting Council which
has jurisdiction over those towers.
    If the council finds that the agreement meets the
criteria contained in existing law, it must issue an
order approving the sharing.  I also would like to say
that this is an agreement with CCM and I urge its
passage.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "B", LCO No. 4728?  Are
there any further remarks?  Any further remarks?  If
not then, please let me know your mind.  All those in
favor of LCO4728, designated by the Clerk as Senate
Amendment "B" please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
SENATOR PETERS:
    Thank you.  Madam President, at this time I would
ask the Clerk to withdraw any amendments in my name,
any further amendments in my name.
THE CHAIR:
    Mr. Clerk.
THE CLERK:
    LCO6269, which will be designated Senate Amendment
Schedule "C".  It's offered by Senator Przybysz of the
19th District.
THE CHAIR:
    The Chair would recognize Senator Przbysyz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I would move the
amendment please.
THE CHAIR:
    Thank you very much, Senator.  Would you like --?
SENATOR PRZYBYSZ:
    If I could request permission to summarize please.
THE CHAIR:
    Yes, sir.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  What this amendment
does is to allow the Department of -- the DPUC to
investigate the escape of electricity when it affects
cattle as we currently have it in statute when they
investigate the escape of electricity as it affects
other types of structures, other types of facilities,
such as injury or destruction to such pipes, conductors
and structures.
    This has been brought to my attention by some
farmers in my district about the existence of stray
voltage and its effect on farms, in particular cows.
This has had an impact on a number, as I said, farms in
my district and it has really affected one family in
particular.
    I refer to a letter that I received from nine year
old Megan, who participated in -- had to see a cow die
because of the stray voltage that affected her cow and
she asked why can't get our electricity from someone
else who won't give us stray voltage, from someone who
doesn't want to keep hurting our cows.  I believe that
this will help in having these types of situations
investigated and would move adoption of the amendment.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on LCO No. 6269?  Are there any further
remarks?  If not then, please let me know your mind.
All those in avor of LCO No. 6269, designated by the
Senate Clerk as Senate Amendment "C", please signify by
saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Senator Peters, you now have before you Senate Bill
311, as amended by Senate "A", "B" and "C".
SENATOR PETERS:
    Thank you very much, Madam President.  What this
bill does, as amended, repeals obsolete provisions,
makes other technical changes in the laws regulating
public utilities and I urge its passage.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on -- yes, Senator Somma.
SENATOR SOMMA:
    Thank you, Madam President.  I have a question,
through you, to Senator Peters or Senator Milner, if I
might.
THE CHAIR:
    Certainly, sir.
SENATOR SOMMA:
    With the adoption of LCO952, I wondered if the
bill ought to be referred to the Planning and
Development Committee, to Senator Milner.
SENATOR MILNER:
    Through you, Madam President, I have looked at the
issue.  It's a one-town issue and I don't believe that
it should come to P & D at this point.  I don't think
it's necessary.
THE CHAIR:
    Does that answer your question, sir?  Are there any
other remarks?  Are there any other questions?  If no,
Senator Peters, would you like to move to place this
item on the Consent Calendar if there's no objection?
SENATOR PETERS:
    I so move.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 59, Senate Bill No. 311, as
amended by Senate Amendments "A", "B" and "C" on the
Consent Calendar?  Is there any objection?  Any
objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 2, Calendar No. 236, File No. 288,
Substitute for Senate Bill 350, AN ACT CONCERNING
CERTAIN PROCESSED WOOD.
    Favorable Report of the Committee on Environment.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Is Senator Daily here?  Senator Daily.
SENATOR DAILY:
    Thank you, Madam President.  Sorry that I was out
of the Chamber.  I would move the bill in concurrence
with the House -- in concurrence with the Joint
Committee's Favorable Report.
THE CHAIR:
    Thank you.  Do you wish to remark further?
SENATOR DAILY:
    I think there's an amendment.
THE CHAIR:
    Excuse me.
SENATOR DAILY:
    I think there are amendments.
THE CLERK:
    LCO2268, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Daily of the
33rd District.
THE CHAIR:
    Senator Daily.
SENATOR DAILY:
    Thank you and there's another -- if they could both
be called.
THE CHAIR:
    No, we have to take them one at a time, ma'am.
SENATOR DAILY:
    Thank you.
THE CHAIR:
    Move passage and adoption of the first one please.
SENATOR DAILY:
    I would move adoption and passage of the Senate
Amendment.
THE CHAIR:
    Thank you very much.  Do you wish to remark
further?
SENATOR DAILY:
    No, I'll remark on it with the bill.  It just
explains the underlying bill.
THE CHAIR:
    Would anybody else wish to remark on Senate
Amendment LCO2268, designated by the Clerk as Senate
Amendment "A"?  Senator Fleming.
SENATOR FLEMING:
    I don't have a copy of the amendment in front of me
and I wondering since we're waiving the reading, if we
might have a summary of what the amendment does.
THE CHAIR:
    Thank you.  Senator Daily.
SENATOR DAILY:
    Thank you.  Would the Clerk please repeat the LCO
Number?  What I would do then is just read it because
it's explaining it before the bill, it doesn't make
sense.
    In line 4, after "material" insert "at volume
reduction plan permitting under Chapter 44-6d of the
General Statutes."
    Strike out line 14 and 15, inclusive, and insert
the following in lieu thereof:  "The commissioner of
Environmental Protection shall not prohibit the sale or
use of processed wood provided (1)"
    And line 23, after "of" insert "public"
THE CHAIR:
    Clear?
LAUGHTER
    Would anybody else have any questions?  If not
then, please let me know your mind.  All those in favor
of LCO2268, designated by the Clerk as Senate Amendment
"A", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    We didn't have any vote the last time around.
We'll do it one more time.
    All those in favor of Senate Amendment "A", LCO No.
2268, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    Mr. Clerk.
THE CLERK:
    LCO6288, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Daily of the
33rd District.
THE CHAIR:
    Thank you very much.  Senator Daily.
SENATOR DAILY:
    I would move adoption of the amendment.
THE CHAIR:
    And would you like to summarize the --?
SENATOR DAILY:
    Yes, I would.  This in fact explains the entire
bill.  It recategorizes certain items of processed
wood.  Now they're considered to be solid waste and
through a treatment process, they become a product.
The department sets out language where it can be used
as treated wood, recycled wood or processed wood and
then thereby offer it as an item for sale.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Amendment "B"?  Are there any
further remarks?  If not, please let me know your mind.
All those in favor of LCO No. 6288, designated by the
Clerk as Senate Amendment "B", please signify by saying
aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    Any further amendments?
    Mr. Clerk.
THE CLERK:
    No further amendments, Madam President.
THE CHAIR:
    Senator Daily, you now have before you Substitute
for Senate Bill No. 350, as amended by Senate
Amendments "A" and "B".  Do you wish to remark further,
Senator?
SENATOR DAILY:
    No, Madam President.
THE CHAIR:
    Ladies and gentlemen, would anybody here wish to
remark on Senate Calendar No. 236? Any remarks or any
questions? If not, Senator Daily, would you like to
move to place this item on the Consent Calendar?
SENATOR DAILY:
    Yes, Madam President, I would like to move to place
this on the Consent Calendar.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 236, Substitute for Senate Bill
No. 350, as amended by "A" and "B" on the Consent
Calendar?  Is there any objection?  Hearing none, so
ordered.
THE CLERK:
    Calendar Page 3, Calendar No. 246, File No. 118 and
400, Substitute for House Bill 5496, AN ACT CONCERNING
AUDITS OF PUBLIC SERVICE COMPANIES, as amended by House
Amendment Schedule "A".
    Favorable Report of the Committee on Energy and
Public Utilities.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report in concurrence
with the House and passage of the bill.
THE CHAIR:
    Thank you very much.  Mr. Clerk.
THE CLERK:
    LCO3037, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  What this amendment
does is remove the bracket from within the state,
insert within the state and remove the opening brackets
to keep the auditing of a cable franchise within the
state, thus reducing a financial burden to the state
and the ratepayers.
    The second part is this amendment adds cable
language that makes this in compliance with the FCC
regulation and our understanding of that relationship
between cable and the feds and I urge its adoption.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on LCO No. 3037?  Are there any further
remarks?  If not then, please let me know your mind.
All those in favor of LCO No. 3037, designated by the
Clerk as Senate Amendment "A", please signify by saying
aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk.
THE CLERK:
    LCO2495, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    Senator Peters.
SENATOR PETERS:
    Excuse me, Madam President.  At this time I ask
that LCO be withdrawn.
THE CHAIR:
    Thank you very much, Senator.  You have before you
Substitute for House Bill 5496, as amended by House
Amendment "A" and Senate Amendment "A".
SENATOR PETERS:
    Thank you, Madam President.  I move its adoption
and passage and seek leave to summarize.
THE CHAIR:
    Please proceed.
SENATOR PETERS:
   Thank you.  What this bill does is expand the
Department of Public Utility Control management audit
requirements for public utilities by allowing audits of
cable TV companies under limited circumstances and
allowing an audit of the relationship between a utility
and its holding company or subsidiary consistent with
passage of this legislation and its authority.
    This audit would be conducted every six years which
would add up to a complete audit and update it as
necessary and the bill defines what will constitutes a
complete audit and requires the DPUC to adopt
regulations on audit standards and report to the Energy
and Public Utilities Committee and I urge its passage.
THE CHAIR:
    Thank you very much, Senator Peters.  Would anybody
else wish to remark on Senate Calendar 246, as amended?
Are there any further remarks?  Any further remarks?
If not, Senator Peters, would you like to make a motion
to place this on the Consent Calendar?
SENATOR PETERS:
    I so move.  Thank you, Madam President.
THE CHAIR:
    Is there any objection to placing Senate Calendar
246, House Bill No. -- Substitute for House Bill No.
5496, as amended by Senate Amendment "A", on the
Consent Calendar?  Is there any objection?  Hearing
none, so ordered.  Mr. Clerk.
THE CLERK:
    Calendar No. 278, File No. 124 and 456, Substitute
for House Bill 5101, AN ACT EXTENDING AUTHORIZATION FOR
MUNICIPALITIES TO EXEMPT CERTAIN SOLAR ENERGY AND
COGENERATION SYSTEMS FROM PROPERTY TAX, as amended by
House Amendment Schedule "A".
    Favorable Report of the Committee on Finance,
Revenue and Bonding.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report in concurrence
with the House.  Thank you very much.  Mr. Clerk.
THE CLERK:
    LCO4731, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  What this amendment
does is change the effective date commencing after
October 1, 1994 and I urge its adoption.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 4731?  Any
other remarks?  If not then, please let me know your
mind.  All those in favor of LCO No. 4731, designated
by the Clerk as Senate Amendment "A", please signify by
saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk.
THE CLERK:
    LCO5618, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Guglielmo of the
35th District.
THE CHAIR:
    The Chair would recognize Senator Guglielmo.
SENATOR GUGLIELMO:
    Thank you, Madam President.  I move passage of the
amendment and seek leave to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR GUGLIELMO:
    The amendment simply allows municipalities more
flexibility when they're granting tax abatements.
Right now it's pretty structured and there are only
several options.  Some of the communities have asked
for more options and it's pretty much at the discretion
of the local officials and it's a pretty
straightforward amendment.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on LCO No. 5618?  Are there any further remarks?
Any further remarks?  If not then, please let me know
your mind.  All those in favor of LCO No. 5618,
designated by the Clerk as Senate Amendment "B", please
signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
SENATORS:
    No.
THE CHAIR:
    The ayes have it.
    The amendment is adopted.
    Senator Peters, you now have before you Substitute
for House Bill No. 5105.
SENATOR PETERS:
    Thank you, Madam President.  I urge its passage and
seek leave to summarize the bill at this time.
THE CHAIR:
    Please proceed, Senator.
SENATOR PETERS:
    Thank you.  The bill extends to municipalities
authority to exempt certain energy systems from the
property tax.  Under current law a municipality can
exempt passive and active solar energy, solar electric,
cogeneration and what this bill allows exemptions for
are systems installed between 1991 and the Year 2006.
    It prohibits municipalities from exempting existing
and future resource recovery facilities under the
cogeneration provision and I urge its adoption.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Calendar 278, Substitute for
House Bill No. 5101, as amended by Senate "A" and "B"?
Are there any further remarks?  If not, Senator Peters,
would you like to make a motion to place this item on
the Consent Calendar?
SENATOR PETERS:
    I so move.  Thank you.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar No. 278, Substitute for House
Bill 5101, as amended by Senate Amendment "A" and "B"
on the Consent Calendar?  Is there any objection?  Any
objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 4, Calendar No. 288, File No. 199 and
466, Substitute for House Bill 5139, AN ACT CONCERNING
ADMINISTRATION OF MEDICATION PRESCRIBED BY ADVANCED
PRACTICE REGISTERED NURSES AND THE PRESCRIPTIVE
AUTHORITY OF ADVANCED PRACTICE REGISTERED NURSES AND
NURSE ANESTHETISTS, as amended by House Amendment
Schedule "A".
    Favorable Report of the Committee on Education.
THE CHAIR:
    The Clerk is in possession of three amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill in concurrence with the House.
THE CHAIR:
    Thank you very much, Senator.
SENATOR PRZYBYSZ:
    I would ask the Clerk to please call LCO6277.
THE CLERK:
    LCO6277, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Przybysz of the
19th District.
THE CHAIR:
    The Chair would recognize Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move adoption of the
amendment and request permission to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR PRZYBYSZ:
    Thank you.  What this amendment does is clarify
that there will still exist regulations about the
settings in which advance practice registered nurses
and advance practice registered nurse anesthetists may
practice, but also also clarifies that in all other
settings that the advance practice registered nurse
must, under the direction of a licensed physician, and
with written protocols prescribed in administering
medical therapeutic corrective measures and may
dispense drugs in the form of professional samples,
according to the statutes that also apply to
physicians.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Amendment "A"?  Are there any
further remarks?  If not then, please let me know your
mind.  All those in favor of LCO No. 6277, as amended
by Senate Amendment, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk.
THE CLERK:
    LCO954, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Meotti of the
4th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Meotti.
SENATOR MEOTTI:
    Madam President, I move the amendment and ask that
the reading be waived.
THE CHAIR:
    Please proceed, Senator.
SENATOR MEOTTI:
    Yes, Madam President.  This makes a clarification
in the definition of calculation for the rebate amounts
in the Pharmaceutical Rebate Program and the General
Assistance Program and it's to make it parallel with
that and the other two rebate programs and is
consistent with current practice, that it would not
address the statute, through you.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "B", LCO No. 954?  Are there
any further remarks?  If not then, please let me know
your mind.  All those in favor of LCO No. 954,
designated by the Clerk as Senate Amendment "B", please
signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk.
THE CLERK:
    LCO4963, which will be designated Senate Amendment
Schedule "C".  It's offered by Senator Mustone of the
13th District.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The Chair would
recognize Senator Mustone.
SENATOR MUSTONE:
    Yes, Madam President.  I'd like to move the
amendment please and request waiver of the reading in
order to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR MUSTONE:
    Yes, Madam President.  This amendment simply addes
the words "or a physician assistant licensed to
practice in accordance with Section 20-12d."  The bill
addresses advance practice registered nurses and I have
merely added physicians assistants, which have equal or
more medical training, to the bill.  Thank you very
much.
THE CHAIR:
    Thank you very much, Senator Mustone.  Would
anybody else wish to remark on Senate Amendment "C",
LCO No. 4963?  Are there any further remarks?  If not
then, please let me know your mind.  All those in favor
of LCO No. 4963, designated by the Clerk as Senate
Amendment "C", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    Senator Przbysyz, you now have before you
Substitute for House Bill 5139, as amended by Senate
Amendments "A", "B" and "C".
SENATOR PRZYBYSZ:
    Thank you, Madam President.  On the bill itself, it
allows specified school and day care personnel to
administer medication to students and children in their
facilities when prescribed by an advanced practice
registered nurse.  This bill also allows a physical
therapist to treat a person upon referral from an
advanced practice registered nurse.
THE CHAIR:
    Thank you very much, Senator Przybysz.  Would
anybody else wish to remark on Senate Calendar 288, as
amended?  Are there any further remarks on Senate
Calendar No. 288, as amended?  If not then, Senator
Przybysz, would you like to make a motion to place this
item on the Consent Calendar, if there's no objection?
SENATOR PRZYBYSZ:
    I would move such motion.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 288, Substitute for House Bill
No. 5139, as amended, on the Consent Calendar?  Is
there any objection?  Hearing none, so ordered.
THE CLERK:
    Calendar No. 293, File No. 336 and 465, Substitute
for House Bill 5066, AN ACT CONCERNING CANDIDATE
COMMITTEE REGISTRATION, CAMPAIGN RECORDS, COMPUTER
EQUIPMENT, CANDIDATES' CAMPAIGN EXPENDITURES AND
ATTRIBUTION ON POLITiCAL CAMPAIGN MATTER, as amended by
House Amendment Schedule "A".
    Favorable Report of the Committee on Government
Administration and Elections.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I move adoption of the
committee's Joint Favorable Report and urge passage of
the bill in concurence with the House.
THE CHAIR:
    Thank you very much.  Mr. Clerk.
SENATOR DIBELLA:
    LCO4724.
THE CLERK:
    LCO4724, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator DiBella of the
1st District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  What this does is
basically correct the comment which there was a problem
whereby political committes formed for a single purpose
of a primary were excluded from the process.  This
makes it consistent with those committees that are
ongoing or candidate committees with respect to the
purchase of equipment.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 4724?  Are
there any further remarks?  Any further remarks on LCO
No. 4724?  If not then, please let me know your mind.
All those in favor of LCO No. 4724, designated by the
Clerk as Senate Amendment "A", please signify by saying
aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendent is adopted.
    Mr. Clerk.
SENATOR DIBELLA:
    I withdraw all other amendments, Madam President.
THE CHAIR:
    Thank you very much.  Senator DiBella, you have
before you Substitute for House Bill 5066, as amended
by Senate Amendment "A".
SENATOR DIBELLA:
    Thank you, Madam President.  This bill makes
several unrelated changes in the campaign financing
laws which are to apply to elections held on or after
January 1, 1995.
    It expands the reporting requirements for
candidates on spending on the campaign while permitting
reimbursement for expenditures not previously allowed.
    House Amendment "C", we addressed in the amendment.
If there's no further questions, I'd ask this be placed
on the Consent Calendar.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark?  Are there any further remarks on Senate
Calendar 293?  Any further remarks?  If not then, is
there any objection to placing Senate Calendar 293,
Substitute for House Bill 5066, as amended by Senate
Amendment "A", on the Consent Calendar?  Is there any
objection?  Any objection?  Hearing none, so ordered.
THE CLERK:
    Calendar No. 300, File No. 224 and 464, Substitute
for House Bill 5717, AN ACT CONCERNING MEDICAL TESTING
LABORATORIES, as amended by House Amendment Schedule
"A".
    Favorable Report of the Committee on Public Health.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przbysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill in concurrence with the House.
THE CHAIR:
    Thank you very much, Senator.  Mr. Clerk.
THE CLERK:
    LCO4962, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Przbysyz of the
19th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you.  I move adoption of the amendment and
request permission to summarize.
THE CHAIR:
    Thank you very much, Senator.  Please proceed.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  What this amendment
does is clarify the process of notification that will
be required of clinical laboratories when they discover
errors in tests that have been performed.  It outlines
the procedure that has to be followed in this
notification process and also the specific procedure
that must be followed if the test was requested by an
individual.
    Many times these tests are required by the
provider, usually a physician or a hospital, but
sometimes the tests are requested directly by
indviduals.  This does clarify what has to be done and
it does also follow the confidentiality statutes
regarding HIV and AIDS.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendent "A"?  Are there any further
remarks on Senate Amemdment "A", LCO No. 4962?  If not
then, please let me know your mind.  All those in favor
of Senate Amendment "A", LCO No. 4962, please signify
by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Do you have any further amendments, Mr. Clerk?
THE CLERK:
    No further amendments, Madam President.
THE CHAIR:
    Thank you very much.  Senator Przbysyz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I believe that it --
in adopting the amendment, I also actually discussed
the bill itself, so I would move adoption.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 300?  Are there any further
remarks?  Any further remarks?  If not, Senator
Przybysz, would you like to make a motion to put it on
the Consent Calendar?
SENATOR PRZYBYSZ:
    So moved.
THE CHAIR:
    Is there any objection to placing Senate Calendar
300, Substitute for House Bill 5717, as amended by
Senate Amendment "A", on the Consent Calendar?  Is
there any objection?  Any objection?  Hearing none, so
ordered.
THE CLERK:
    Calendar Page 9, Calendar No. 364, File No. 372 and
555, Substitute for House Bill 5386, AN ACT OCNCERNING
THE CORRUPT ORGANIZATIONS AND RACKETEERING ACTIVITY
ACT, as amended by House Amendment Schedule "A".
    Favorable Report of the Committee on Judiciary.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and adoption of
the bill in concurrence with the House.
THE CHAIR:
    Thank you very much.  Would you like to remark
further?
SENATOR JEPSEN:
    I believe there's an amendment.
THE CHAIR:
    Is there an amendment?  I'm sorry.
THE CLERK:
    Yes, Madam President, there is one amendment,
LCO4286, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Jepsen of the
27th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    I would ask that the -- I move the amendment and
ask that the Clerk read it.  It's brief, but
significant.
THE CHAIR:
    Mr. Clerk.
THE CLERK:
    LCO4286, offered by Senator Jepsen of the 27th
District.
    Strikes lines 27 through 33, inclusive, in their
entirety and substitute the following in lieu thereof:
(d) speech, conduct or associations to the extent
protected by Article 1st of the Constitution of the
State or the First Amendment to the United States
Constitution shall not be considered unlawful under
this section."
THE CHAIR:
    Thank you very much.  Senator Jepsen.
SENATOR JEPSEN:
    Thank you.  I will comment and I will discuss the
bill itself and the reason for the amendment now and I
think that once the amendment is adopted, the
discussion and the summary on the bill itself will be
-- that will be obviated.
    This bill is in response to a Supreme Court
decision that said in effect that RICOH, which is a
fellow racketeering statute, could be used in the
specific context of the case before it, which involved
racketeering activity to disrupt provision of health
care services to women in abortion clinics.
    In doing so, the Supreme Court held in effect that
RICOH, which is the federal equivalent to our state's
CORA statute, could be used for non-economic crimes.
    There is a response to that decision.  I thought
it was a terrific decision.  There was a negative
response to that decision and an attempt in the General
Assembly here to limit CORA, which as I say, was
Connecticut's equivalent to the RICOH statute, to limit
CORA's scope to solely economic crimes, traditional,
one would say organized crime type activity.
    The folly of this approach was quickly made clear
through the public hearing process in which it became
clear, for example, that a conspiracy by skinheads to
bomb two or more synagogues or by white supremacists to
destroy black Baptist churches or a conspiracy by
antiabortion extremists to bomb or disrupt activity at
abortion clinics would be beyond the scope of this
particular CORA law and prosecutors would lose a
valuable tool at their discretion to go after this kind
of plainly illicit activity, activity which is
profoundly contrary to our way of life here in America.
    For that reason, an attempt was made to clarify
what I think CORA says very clearly, but to make clear
what is obvious, which is that CORA cannot be applied
to peaceful protestors.
    Under CORA, in order to be -- for a prosecutor to
seek an indictment of the CORA, it is necessary that
certain predicate acts be permitted.  Those predicate
acts under CORA include the commission of certain
violent felonies or an individual knowingly
participating or assisting those to commit the
felonies.
    It is clear that simple free expression or exercise
of one's First Amendment rights is beyond CORA.
Nevertheless, it was felt necessary to make clear what
was already obvious to ensure that prosecutor, no
overzealous prosecutor would be tempted to use CORA to
go after activity that could reasonably, that should
reasonably be construed as the exercise of an
individual's First Amendment.
    Therefore, the file copy and therefore this
amendment, which cleans up and ties up the file copy
and what this amendment does is to make clear the
underlying intent of CORA so that the intent which was
clear on the words of CORA, that you cannot prosecute
an individual for the mere exercise of their First
Amemdment rights and that peaceful protestors,
leafleters or picketers, for any reason, could not be
prosecuted for that activity.
    I would like to read a brief floor statement to be
part of the legislative history to make this even
clearer.
    "This amendment will not protect illegal activity
or those persons and organizations that authorize or
ratify these activities, but it does protect the
associational rights of persons and organizations and
allow people to join together for effective advocacy of
their views, regardless of how popular.  We recognize,
as the Supreme Court has held, in the NAACP versus
Clayborne Hardware Company case, in 1982, that guilt by
association is a philosophy alien to the tradition of a
free society and that civil or criminal disabilities
may not be imposed on one who merely joins an
organization, as opposed to an individual who actively
participates in illegal activity or knowingly supports
those who do.
THE CHAIR:
    Thank you very much, Senator Jepsen.  Would anybody
else wish to remark on Senate Amendment "A"?  Are there
any further remarks?  Senator Fleming.
SENATOR FLEMING:
    Thank you, Madam President.  A question, through
you, to the proponent of the amendment.
THE CHAIR:
    Certainly, sir.
SENATOR FLEMING:
    I was wondering if the Senator could explain to me
the effect of the deletion of the language in the file
by the amendment?  What is the effect of that?
THE CHAIR:
    Senator Jepsen.
SENATOR JEPSEN:
    I think that the amendment is just a clearer way
and I think that way that it uses words and phrases
more commonly used in constitutional analysis, the
words "conduct and association" are terms of art in
constitutionial law that are well known and well
established through case law, much more so than any
ambiguous term like leadership in an organization or
the financial support and so it's an attempt to clarify
that through the use of words and phrases that
historically have been used in First Amendment case law
that First Amendment activity, whether it's speech such
as what we're doing right now or conduct or association
with all the implications that those loaded terms have
in terms of constitutional law, the full ambit of the
First Amendment is protected.
THE CHAIR:
    Senator Fleming.
SENATOR FLEMING:
    Thank you, Madam President.  Thank you, Senator
Jepsen.
THE CHAIR:
    Anybody else wish to remark on Senate Amendment
"A"?  Are there any further remarks on Senate Amendment
"A"?  If not then, please let me know your mind.  All
those in favor of LCO No. 4286, designated by the
Senate Clerk as Senate Amendment "A", please signify by
saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Senator Jepsen, you have before you -- do you have
any further amendments, Mr. Clerk?  You have before you
Substitute for House Bill No. 5386, as amended by
Senate Amendment "A".
SENATOR JEPSEN:
    I think that that covers the issue pretty
thoroughly, and if there's no objection, nobody else
wishes to speak, I move it to the Consent Calendar.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Calendar 364, as amended?  Are
there any further remarks?  If not, is there any
objection to placing Senate Calendar No. 364, House
Bill No. 5386, as amended by Senate Amendment "A", on
the Consent Calendar?  Is there any objection?  Hearing
none, so ordered.
THE CLERK:
    Calendar No. 365, File No. 416 and 556, Substitute
for House Bill 5475, AN ACT CONCERNING PIRATED VIDEOS,
as amended by House Amendment Schedules "A" and "B'.
    Favorable Report of the Committee on Judiciary.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    There's an amendment that's been requested.  I do
not believe I've received it and I ask that this --
has it been --?
THE CHAIR:
    The Clerk has not received it.  We have to pass it
temporarily.
SENATOR JEPSEN:
    The so-called McQuade Amendment.
THE CHAIR:
    Thank you, Senator.
THE CLERK:
    Calendar Page 10, Calendar No. 377, File No. 449
and 583, Substitute for House Bilfl 5789, AN ACT
CONCERNING A DNA DATA BANK AND THE REGISTRATION OF
SEXUAL OFFENDERS, as amended by House Amendment
Schedule "A".
    Favorable Report of the Committee on Public Safety.
    The Clerk is in possession of one amendment.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.  Senator Penn, I'm so sorry.  Thank
you.  Senator Penn please.
SENATOR PENN:
    I move acceptance of the Joint Committee's
Favorabloe Report and adoption of the resolution in
concurrence with the House.
THE CHAIR:
    Thank you very much, Senator.  Mr. Clerk.
THE CLERK:
    LCO4370, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Jepsen of the
27th District.
THE CHAIR:
    Senator Jepsen.
SENATOR JEPSEN:
    Thank you, Madam President.  I move the amendment
and seek your leave to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR JEPSEN:
    This bill very simply restores -- well, it
overturns the so-called Gifford Case in which arrest
records -- the full content of the arrest records of
any individual in any event is left to the discretion
of the local police and makes arrest records subject to
FOI as existed prior to the Gifford Case.  If
inadequate steps have been taken to meet the objection
that witnesses -- the identify of witnesses who would
be endangered by this process would be -- that their
identity would be divulged by allowing the limitation
by police to limit disclosure of relevant witnesses.
THE CHAIR:
    Thank you very much.  Senator Penn, do you wish to
remark on the amendment?
SENATOR PENN:
    I think the amendment pretty much becomes the bill
and I know the National Organization of Women also
supports the proposal as an effective tool for law
enforcement, Madam President.  Connecticut Sexual
Assault Crisis Services strongly supports the bill and
I think it goes a long way in helping in that area and
I urge its adoption.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 4370?  Are
there any further remarks?  If not then, please let me
know your mind.  All those in favor of LCO No. 4370,
designated by the Senate Amendment Clerk as Senate
Amendment "A", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Senator Penn, you now have before you Senate
Calendar 377, as amended.
SENATOR PENN:
    Understood, Madam President.  I think the amendment
has now become the bill and I urge its adoption.
THE CHAIR:
    Thank you very much.  Senator Jepsen.
SENATOR JEPSEN:
    The amendment adds to the bill, but the underlying
bill, which is important, that sex offenders -- that a
procedure be established to take DNA samplings of sex
offenders is I think a good one.  It deserves our
support.  In the House, an amendment was added to this
good bill, which creates a registration system for sex
offenders who move into an area and must register for a
period of one year to the police.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 377, as amended?  Are there
any further remarks?  Senator Fleming.
SENATOR FLEMING:
    Thank you, Madam President.  Again, a question,
through you, to the proponent of the bill.  This DNA
sampling which is taken of a sexual offender, is that
taken before a conviction or after conviction of the
offense?
SENATOR JEPSEN:
    It's my understanding it's taken after.
SENATOR FLEMING:
    Thank you, Madam President.
THE CHAIR:
    Thank you very much, Senator Fleming.  Would
anybody else wish to remark on Senate Calendar 377?  If
not, would either Senator Penn or Senator Jepsen like
to make a motion to place this on the Consent Calendar?
SENATOR JEPSEN:
    I would so move.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 377, Substitute for House Bill
No. 5789, as amended by Senate Amendment "A", on the
Consent Calendar?  Is there any objection?  Any
objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 11, Calendar No. 388, File No. 148
and 568, Substitute for House Bill 5538, AN ACT
CONCERNING PUBLIC NOTICE OF CERTAIN REGULATED
ACTIVITIES AND CERTAIN WATER QUALITY TESTS, as amended
by House Amendment Schedules "A" and "B".
    Favorable Report of the Committee on Public Health.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Daily.
SENATOR DAILY:
    Thank you very much, Madam President.  I would move
adoption of the bill in concurrence with the House.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark further?
SENATOR DAILY:
    The bill is also one of the task forces on
permanent streamlining and compliance.  I think the
bill is self-explanatory.  I'd be glad to answer any
questions.
THE CHAIR:
    Thank you very much.  Would anybody have any
remarks on Substitute for House Bill 5538?  Are there
any further remarks?  If not then, Senator Daily, would
you like to make a motion to place this item on the
Consent Calendar?
SENATOR DAILY:
    So moved, Madam President.  Thank you very much.
Is there any objection to placing Senate Calendar 388,
Substitute for House BIll 5538, on the Consent
Calendar?  Is there any objection?  Any objection?
Hearing none, so ordered.
THE CLERK:
    Calendar Page 19, Calendar No. 213, File No. 258,
Substitute for Senate bill 282, AN ACT CONCERNING THE
PURCHASE OF NATURAL GAS FOR BUDGETED STATE AGENCIES.
    Favorable Report of the Committee on
Appropriations.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much.  The Clerk would recognize
Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much.  Mr. Clerk.
THE CLERK:
    LCO5939, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    The Chair would recognize Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  What this amendment
does is change the effective date to July 1, 1994.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on LCO No. 5939?  Are there any further remarks?
If not then, please let me know your mind.  All those
in favor of LCO No. 5939, designated by the Clerk as
Senate Amendment "A", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk.
THE CLERK:
    LCO4709, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Peters of the
20th District.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The Chair would
recognize Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  What this bill does is
allows the Secretary of OPM and management or its
designee to negotiate and enter into contracts with
suppliers of natural gas for the purchase of natural
gas to be used or budgeted -- to be budgeted by
agencies as defined in Section 4-69 of the General
Statutes and it basically allows them to bulk purchase
natural gas for the use of state agencies and I urge
its adoption.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Calendar 213, LCO No. 4709?
Are there any further remarks?  If not then, please
let me know your mind.  All those in favor of LCO No.
4709, designated by the Clerk as Senate Amendment "B",
please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    Any further amendments, Mr. Clerk?
THE CLERK:
    No further amendments, Madam President.
THE CHAIR:
    Senator Peters, you have before you Substitute for
Senate Bill No. 282, as amended by Senate Amendment "A"
and "B".
SENATOR PETERS:
    Thank you, Madam President.  What I -- I won't
reiterate what I said in the amendments.  It allows the
state to save money by purchasing in bulk and I urge
its passage.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 213?  Are there any further
remarks?  Senator Peters, would you like to make a
motion please to place this item on the Consent
Calendar?
SENATOR PETERS:
    I so move, thank you.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 213, Substitute for Senate Bill
282, as amended by Senate Amendment "A" and "B", on the
Consent Calendar?  Is there any objection?  Any
objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 20, Calendar 222, File No. 175 and
286, Substitute for House Bill 5537, AN ACT CONCERNING
PERMIT APPLICATIONS BEFORE THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, as amended by House Amendment
Schedule "B" and Senate Amendment Schedules "A" and
"B".
    Favorable Report of the Committee on
Appropriations.
    The committee recommends passage with House "B" and
Senate "A" and "B".
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Daily.
SENATOR DAILY:
    Thank you.  Could I P-T this please?
THE CHAIR:
    Thank you very much, Senator.  Mr. Clerk.
THE CLERK:
    Calendar Page 21, Calendar No. 235, File No. 294,
Senate Bill No. 414, AN ACT CONCERNIGN THE COORDINATION
OF FAMILY SUPPORT SERVICES.
    Favorable Report of the Committee on
Appropriations.
    The Clerk is in possession of one amendment.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark further?  Do you have an amendment, Mr. --?
THE CLERK:
    LCO2265, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Sullivan of the
5th District.
THE CHAIR:
    Senator Sullivan.
SENATOR SULLIVAN:
    Thank you, Madam President.  I move adoption of the
amendment and request permission to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR SULLIVAN:
    Thank you.  This amendment clarifies that there is
to be no overlap and duplication with the activities
and programs approved last year dealing with birth to
three.
THE CHAIR:
    Thank you very much.  Is there any comments on
Senate Amendment "A", LCO No. 2265?  Are there any
further remarks?  If not then, please let me know your
mind.  All those in favor of LCO No. 2265, designated
by the Senate Clerk as Senate Amendment "A", please
signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk, do you have any further amendments?
SENATOR PRZYBYSZ:
    Madam President, I would request that no further
amendments be called, at least the ones with my name.
THE CLERK:
    There are no further amendments, Madam President.
SENATOR PRZYBYSZ:
    Oh.
THE CHAIR:
    Okay, well, that solves the problem then, doesn't
it.
SENATOR PRZYBYSZ:
    They didn't file it.
THE CHAIR:
    It's nice when things run smoothly.  Senator
Przbysyz, you have before you Senate Bill 414, as
amended by Senate Amendment "A".
SENATOR PRZYBYSZ:
    Thank you and I make every effort to be sure that
it operates as smoothly.  On the bill itself, Madam
President, and members of the Circle, this makes the
Department of Mental Retardation responsible for
coordination family support services for children with
disabilities.
    The bill also defines disabilities in the file.  I
might add that DMR must, within available
appropriations, and I stress within available
appropriations, promote the statewide availability of
family support services.
    The bill does not create any new entitlement
programs whatsoever.  It is an effort to, again, as I
stress, coordinate services for families in our state
who have severely disabled children.  I've meet many of
these families in the past couple of years and they are
faced with a lifetime responsibility of caring for
their children.
    This bill also establishes a 24 member Family
Support Council to assist the Department of Mental
Retardation and other state agencies administering or
funding family support services.  I believe it will go
a long way to help families in our state and would
appreciate the adoption of this bill.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Calendar 235?  Are there any
further remarks on Senate Calendar 235?  If not,
Senator Przybysz, if there's no objection, would you
like to make a motion to place this on the Consent
Calendar?
SENATOR PRZYBYSZ:
    So moved, Madam President.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 235, Senate Bill No. 414, as
amended by Senate Amendment "A", LCO No. 2265, on the
Consent Calendar?  Is there any objection to placing
that item on the Consent Calendar?  Any objection?
Hearing none, so ordered.
THE CLERK:
    Calendar No. 238, File No. 346, Substitute for
Senate Bill No. 369, AN ACT CONCERNING MEDICAL WASTE.
    Favorable Report of the Committee on Public Health.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Daily.
SENATOR DAILY:
    Thank you very much, Madam President.  I would move
acceptance of the bill in concurrence with the Joint
Committee's Favorable Report.
THE CHAIR:
    Thank you very much, Senator.  Mr. Clerk.
THE CLERK:
    LCO4502, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Daily of the
33rd District.
THE CHAIR:
    Senator Daily.
SENATOR DAILY:
    Thank you.  I'd like to withdraw that amendment.
THE CHAIR:
    Thank you very much.
SENATOR DAILY:
    I'd like to call LCO4502.
THE CHAIR:
    I believe the Clerk called LCO No. 4502.
SENATOR DAILY:
    Okay, thank you.
THE CHAIR:
    Do you move adoption of the amendment please?
SENATOR DAILY:
    I would move adoption of the amendment and seek
leave to summarize.
THE CHAIR:
    Thank you.  Go ahead, Senator.
SENATOR DAILY:
    This is a technical amendment to a bill which
served to straighten out a problem in the environmental
and medical circles by defining how we treat medical
waste.  The amendment makes certain technical
amendments to the overall bill.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 4502?  Are
there any further remarks?  If not them, please let me
know your mind.  All those in favor of Senate Amendment
"A", LCO No. 4502, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk, do you have a second amendment?
THE CLERK:
    It's my understanding, Madam President, that that
amendment is not to be called.
THE CHAIR:
    Thank you very much.  Senator Daily, you have
before you now Substitute for Senate Bill No. 369, as
amended by Senate Amendment 4502.
SENATOR DAILY:
    Thank you.  I would move adoption of the bill.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark?
SENATOR DAILY:
    I'll briefly resummarize it.  It dictates how we
will treat medical waste, both in the hospital and
other facilities.  It will save a lot of money in
medical costs because it classifies it in solid waste.
It makes it unrecognizable in the delivery and treats
it at resource recovery plants.
THE CHAIR:
    Thank you very much, Senator Daily.  Would anybody
else wish to remark on Senate Calendar 239, Substitute
for Senate Bill No. 267, as amended?  Are there any
further remarks?  Any further remarks?  If not, Senator
Daily, would you like to make a motion to place this
item on the Consent Calendar?
SENATOR DAILY:
    So moved, Madam President.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 239, Substitute for Senate Bill
267, as amended by Senate Amendment "A", on the Consent
Calendar?  Is there any objection?  Hearing none, so
ordered.
SENATOR DAILY:
    Calendar 238, not 239.
THE CHAIR:
    238?  Sorry, it's 238, Substitute for Senate Bill
369.
THE CLERK:
    Calendar No. 253, File No. 411, Substitute for
Senate Bill No. 363, AN ACT CONCERNING THEFT OF
TELECOMMUNICATIONS SERVICE.
    Favorable Report of the Committee on Energy and
Public Utilities.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and adoption of
the bill.
THE CHAIR:
    Thank you very much.  Mr. Clerk, do you have any
amendments?
THE CLERK:
    No amendments, Madam President.
THE CHAIR:
    No amendments.  Senator Jepsen.
SENATOR JEPSEN:
    Yes, what this bill does is to create a separate
crime for theft of telecommunication services.  Right
now it can be a crime to steal such services -- well,
it is a crime to steal such services, but it's covered
by our larceny statutes.  It is not proving very much
of a deterrent apparently, and there's a perceived need
to beef up the criminal sanctions and it would become a
Class D felony for certain kinds of stealing services,
depending on the value of the services stolen and it
would be either a misdemeanor, a Class A misdemeanor or
a Class B felony, depending on the number of devices in
one's possession or possession with in tent to sell of
devices capable of theft of service.
THE CHAIR:
    Thank you very much, Senator Jepsen.  Would
anybody else wish to remark on Senate Calendar 253?
Are there any further remarks?  Any further remarks on
Senate Calendar 253?  If not, Senator Jepsen, would you
like to make a motion to place this item on the Consent
Calendar if there's no objection?
SENATOR JEPSEN:
    I so move.
THE CHAIR:
    Is there any objection to placing Senate Calendar
253, Substitute for Senate Bill 363, on the Consent
Calendar?  Is there any objection?  Hearing none, so
ordered.
THE CLERK:
    Calendar No. 254, File No. 412, Substitute for
Senate Bill No. 364, AN ACT CONCERNING THEFT OF
ELECTRIC, GAS, WATER AND COMMUNITY ANTENNA TELEVISION
SERVICE.
    Favorable Report of the Committee on Energy and
Public Utilities.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    I move adoption of the Joint Committee's Favorable
Report and passage of the bill and would ask that the
Clerk call LCO5309 and withdraw any other amendments
that might be filed in my name.
THE CHAIR:
    Mr. Clerk.
THE CLERK:
    LCO5309, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Jepsen of the
27th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    I move adoption of the amendnent and seek leave to
summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR JEPSEN:
    This amendment inserts the words "steam and
telecommunications" after the word "water" in lines
518, 1422 and 46 with the self-evident intention of
restoring services that were inadvertently left out of
the file copy when we rushed it through Judiciary and
so these kind of services would be covered under this
bill.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on LCO No. 5309, Senate Amendment "A"?  Are
there any further remarks?  If not then, please let me
know your mind.  All those in favor of LCO No. 5309,
designated by the Senate Clerk as Senate Amendment "A",
please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Senator Jepsen, you now have before you Substitute
for Senate Bill No. 364, as amended by Senate Amendment
"A".
SENATOR JEPSEN:
    Yes, on the bill, as amended, this bill is not
dissimilar to the bill that preceded it in that it
seeks to create enhanced criminal penalties for the
theft of certain kinds of services, in this case, not
the Star Wars telecommunications type service so much,
although they are now included by amendment, but the
more traditional utilities, such as water, electricity,
etc., etc.  It makes it, depending on the nature and
degree of the theft of service, a Class B felony to
steal services and it's an attempt to cut back on theft
of utility services.  Theft, of course, I need not
remind you, is passed on to law-abiding consumers in
the form of higher rates.
    I urge your support for this bill.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 254, as amended?  Are there
any further remarks?  If not, Senator Jepsen, would you
like to make a motion to place this item on the Consent
Calendar?
SENATOR JEPSEN:
    So moved.  I so move.
THE CHAIR:
    Thank you.  Is there any objection to placing
Senate Calendar 254, Substitute for Senate Bill No.
364, as amended by Senate Amendment "A", on the
Consent Calendar?  Is there any objection?  Hearing
none, so ordered.
THE CLERK:
    Calendar Page 22, Calendar No. 258, File No. 427,
Substitute for Senate Bill 333, AN ACT CONCERNING
INCENTIVES FOR THE USE OF ALTERNATIVE FUELS.
    Favorable Report of the Committee on Energy and
Public Utilities.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Meotti.
SENATOR MEOTTI:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark further?
SENATOR MEOTTI:
    Yes, Madam President.  This bill will establish tax
credits for businesses who would be complying with
federal Clean Air Act Amendments, -- clean act --
mandates of the federal Clean Air Amendments in order
to convert to alternative fuel fleets and also for the
expansion of filling station facilities which will make
alternative fuels available to the motoring public of
Connecticut.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 258, Substitute for Senate
Bill No. 333?  Are there any further remarks?  If not,
Senator Meotti, would you like to make a motion to
place this item on the Consent Calendar?
SENATOR MEOTTI:
    I so move, Madam President.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 258, Substitute for Senate
Bill 333, on the Consent Calendar?  Is there any
objection?  Hearing none, so ordered.
THE CHAIR:
    Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  On Page 10, Calendar
Item No. 337, I would ask that this be removed from the
Consent Calendar.
THE CHAIR:
    Thank you very much.
SENATOR DIBELLA:
    And that I move reconsideration of LCO4370.
THE CHAIR:
    Wait a minute.  You're on Page 10.
SENATOR DIBELLA:
    Calendar No. 377.  I'd move this be taken off the
Consent Calendar.
THE CHAIR:
    Thank you very much.  You have a motion to remove
Senate Calendar 377, Substitute for House Bill 5789,
from the Consent Calendar?  If there's no objection,
that will be done.  I think the next item is to move
for reconsideration.  Make a motion for
reconsideration.
SENATOR DIBELLA:
    I move a motion to reconsider LCO4370.
THE CHAIR:
    No, sir, you've got to bring up the whole bill.
I'm sorry, I apologize.  I apologize.  Is there any
objection in the motion to reconsider LCO -- I'm sorry,
Senator.  I didn't you realized that you had moved.
4370.  Is there any objection?  Were you on the
prevailing side, Senator?
SENATOR DIBELLA:
    Yes, I was.
THE CHAIR:
    Thank you very much.  Is there any objection to the
motion -- is there any objection to the motion to
reconsider LCO No. 4370?  Is there any objection?
Hearing none, so ordered.
SENATOR DIBELLA:
    Thank you, Madam President.  What this amendment
does is allows for the -- it allows that under the
Freedom of Information laws, to allow police reports to
be disseminated freely to the press.  I am not opposed
to the issue fo dissemination of these -- information
to the press, but under the circumstances that prevail
or the prevailing circumstances of an arrest, under
existing law, under the state Supreme Court ruling in I
believe it was Gifford versus -- Gifford versus FOI,
the Supreme Court ruled that the police department
could make a decision as to release of information and
the information would be restricted to name, date,
time, and address and nature of the crime or the crime
that was committed.
    In doing so, it gives the police department control
over the process of information by virtue -- or for the
reason to ensure that the investigation goes forward
without creating a problem for the department itself in
the course of an investigation of a crime.
    What is more specific and definitive to the
argument is the question of City of Hartford, the issue
of gangs and the related issues of trying to find
witnesses that will come forward and testify in a court
of law.
    Our police chief has expressed in the Police Chiefs
Association, opposition to an amendment to open this up
and restrict from the restrictions that they have
because what happens is in the course of an
investigation, we find, a case in point, Hartford,
where we have these gang murders and gang driveby
shootings when the release of information of witnesses
and people involved in the process, the gangs are able
to find the name and intimidate these people so that
these people are not interested in participating in the
criminal justice system by virtue of being either
witnesses or providing information to the police in
these cases.
    As a result, what has happened, in the Gifford
Case, it allows the police department the discretion of
releasing critical information that can either
jeopardize a case, can jeopardize the security of those
specific people that may be witnesses in that process.
It gives the department the ability to investigate the
crime, to understand the relativity of people in their
relationship to the case and their significance as
witnesses or other specific important factors within
that criminal investigation.
    I think to remove this would create a major
hardship to the police department and to the police
department in the process of their investigation.  It
would hinder the criminal justice system, just at a
time when that criminal justice system is under
tremendous pressure by virtue of what's happening in
our urban areas and our urban cities.
    I believe that the Supreme Court was on the money,
allowing the police departments to release the
information with respect to the significance of the
impact it would have on the criminal investigation.  So
I would oppose the amendment and feel very strongly
that if the amendment stands, that it will have a major
-- it will create a major problem for our police
departments in trying to bring forward a criminal
justice system that brings people to justice and
protects those people that will be witnesses in that
process.
THE CHAIR:
    Before you stop, would you make a motion to -- we
presume that you choose to reject this amendment.
Would you like to move to reject Senate Amendment "A"?
SENATOR DIBELLA:
    Point well taken.  I move to reject Senate
Amendment "A".
THE CHAIR:
    Thank you very much.  Now, would anybody else wish
to speak on the motion to reject?  Senator Jepsen.
SENATOR JEPSEN:
    I would like to speak, yes.  Sometimes it is --
when times are fairly placid or calm in society and the
divisions that have occurred generationationally
throughout America's history may not be as prevalent as
they once were.  It is difficult or more difficult to
understand the importance of protecting fundamental
civil liberties and protecting those institutions and
laws and rights that make it difficult for the police
to abuse the rights of average citizens.  Such is what
we have before us today.
    It's a shame to look back on the history of our
country, but there is no question that over time and
even today, on a much more limited basis, harrassment
of individuals occurs, and unfortunately, that
harrassment occurs frequently on the basis of race,
creed or political perspective.
    I don't think anyone would deny that police, over
history, have used arrest as a mechanism to harrass
people on the basis of race or political perspective.
That is very well established and members of the
minority community in Stamford that I know personally
know the dangers of driving through certain suburban
areas in our state.  They know they do so, being an
identificable minority, of being stopped or pulled over
for no apparent basis except for the color of their
skin.
    By closing off arrest records and information, we
open up arrest itself as an avenue for abuse of civil
rights because it will no longer be necessary for the
police to defend an arrest on the basis of the
information that would be immediately available to
public scrutiny.  It's terrible to think about, but
unfortunately, it's true and it's undeniable.
    This leads to a second point, a broader point,
which is the cornerstone of our government, the
cornerstone of democracy lies in the free dissemination
of information.  We have an overwhelming presumption in
this country, and this goes back to John Locke, to
John Steward Mill, to the philosophers, whose ideas are
imbued, are reflected in our Constitutions and in the
institutions that have allowed this country to survive
for 200 years or more with a single Constitution and
to the core of this is the free marketplace of ideas
and the free dissemination and access to information
and the burden rests overwhelmingly with those who
support rejection of this amendment on reconsideration
to justify why in this circumstance information that
has been freely available now ought to be curtailed.
    I think it is important to note that the Supreme
Court didn't say, offered no opinion about restricting
information.  They merely said under current law it is
not required that it be disclosed.
    We did just fine for years up until the Gifford
Case with the free disclosure of such information.  The
FOI laws didn't just happen.  They happened because of
the perceived need to open up information, to avoid
government abuse at any level in any way and when you
close off the free access to information, you invite
the kind of abuse, and again, I regret to say it, but
that where it usually happens is where an individual
has unpopular political views or they are of a minority
status or of some kind of a religious group whose views
are unpopular.  These are the people who are singled
out for discrimination and I think that we take a step
down a road to invite abuse on this basis.
    I strongly support Freedom of Information.  I think
that we do a tremendous disservice to the people of
this state if we allow arrest records, which ought to
be open to public scrutiny immediately and completely
be restricted.  The issue, the only substantive issue
raised in opposition to this is the issue of protecting
witnesses.  If that is the problem, I would submit two
things.  Number one, it is taken care of in this
amendment because the police have the discretion to
withhold the identity of potential witnesses who could
be placed at jeopardy, and I would submit further that
you throw the baby out with the dishwater or the
bathwater, whatever you wish them in.
LAUGHTER
    And I'm a new father.  I wash them in the
dishwasher, just throw them in, scrub them up.  You
throw the baby out.  If that's the problem, is
protecting witnesses, offer language that protects
witnesses, but don't throw civil rights away.
    I would ask that this vote be taken by roll when it
is taken.
THE CHAIR:
    Thank you very much, Senator Jepsen.  Senator
DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I have listened to
many debates in this room.  I find it hard to tie the
issue of discrimination and the question that's before
us today.  Point, it is assumed that the law prior was
that these records had to be released.  Fact, it has
been the fact that the present law has been the law for
many years.  If you read the Gifford versus the Freedom
of Information, it's a clarification that says that the
police departments are allowed to continue to proceed
as most of them had in the past and that was
restricting this kind of information.
    So when you read Gifford, it wasn't a question
that Gifford restricted the FOI.  The question was
challenged and they sustained the present and existing
operation in Gifford.  The question is a very critical
issue as to the question of being able to protect the
rights of people in an investigation and the issue that
the amendment within the bill allows that, it would
allow an immediate decision when this -- when the
report was being drawn up, not giving the police
department the ability to evaluate extensively the
effects and ramifications of releasing such information
in the course of that case.
    So the information, the critical issue here is the
Supreme Court decision sustained the existing practice.
It passed the test in the Supreme Court.  The Supreme
Court looked at the issue of the rights of the
individuals and balanced that against the rights of
those people that would be protected in the course of
an investigation or in the course of protecting that
information from public dissemination.
THE CHAIR:
    Thank you very much, Senator DiBella.  Senator
Kissel.
SENATOR KISSEL:
    Yes, I rise in support of the amendment.  With all
due respect to Senator DiBella, I believe that the
statements made by Senator Jepsen are true.  I will
grant you that perhaps in the Gifford Case, the state
Supreme Court clarified the underlying issue and that
perhaps what had been taken for a right was not such
and that it was taken for granted, but even if that's
the case, our issue before us is do we let the sun
shine in or don't we.
    I would think that police departments, in
initially reviewing these documents, would take great
pain, even at the outset, to protect the identity of
any witnesses or possible witnesses.  This issue has
been debated to some extent in our Government
Administration and Elections Committee and there are
good arguments on both sides, but in putting things
into the balance, I think we would be better served
by erring on the side of full disclosure to the extent
possible rather than limiting the amount of information
that the public can be aware of.  We do have problems
with crime in this state.  We have problems with gangs
and we have problems with intimidation, whether real or
pursued, but I think that on balance we have to make
sure, especially when it comes to matters where there
are crimes alleged, that as much information gets
before the public as possible, and therefore, I'd like
to add my voice to those who would support this
amendment.  Thank you.
THE CHAIR:
    Would anybody else wish to remark on the motion to
reject?  Are there any further remarks?  Senator
Aniskovich.
SENATOR ANISKOVICH:
    Thank you, Madam President.  Madam President, I
also rise in support of the motion and not to reject,
but to support the amendment.  I can only add to
Senator Jepsen and Senator Kissel's remarks and
admonition to the Chamber and a reminder of Senator
Jepsen's comments with respect to the First Amendment
and the principles of individual liberty, especially
privacy rights that underlie the Constitution that
governs us, and aside from the niceties of complex
constitutional analysis, the issue before us today is
whether or not we will move more toward a system in
which you have an open and fair analysis of issues or
more toward a system into which abuse of power will be
more likely and the history, even of criminal
enforcement in this state and in this country is filled
with instance of abuse of power and that should be at
the front of our concerns, not the niceties of
constitutional complexities, but setting up a
framework of drawing lines, making tough decisions
about whether or not we will err on the side of
openness and honesty and fairness in the process or
move away from that and toward a system that is more
likely to be abused, although it may not necessarily be
abused.
    I urge my colleagues to support the amendment.
Thank you.
THE CHAIR:
    Would anybody else wish to remark?  Yes, Senator
Freedman.
SENATOR FREEDMAN:
    To Senator Jepsen here, Madam President, unless one
of the others who are supporting the bill would like to
answer a question.
THE CHAIR:
    Senator Jepsen.
SENATOR FREEDMAN:
    Through you, Madam President, the question is who
are we protecting by opening this up?  I mean I see an
instance where innocent people, for one reason or
another, could end up as a headline on the front page
of the paper.  Are their rights more important than the
right of the public to have freedom of information,
through you, Madam President?
SENATOR JEPSEN:
    The individual record is public information.  That
person will be on Page 1 no matter what because the
fact that they are arrested and they been charged with
a particular crime will be public information.  One of
the dangers that I neglected -- I'm glad you phrased
the question because one of the dangers that I -- in my
defense of free speech, one of the dangers that I
neglected to mention was that the press is going to get
a story because they've got the fact that the person is
arrested, they've got the crime, but they're not going
to have what is probably and arguably the best locus
point to start an investigation from.  So they're going
to secondary sources, they're going to look to
secondary sources that may be biased or one-sided and
so in all likelihood, you're going to get the same
headlines, but the risks of bias in reporting will be
substantially enhanced if this amendment, if they are
denied access to what is probably the best record of
what occurred.
SENATOR FREEDMAN:
    Again, through you, Madam President, and I'm not
one to want to close the door on stories that have real
cause and facts behind them, but in an instance where a
story is not available, I think the press has a right
as well as a responsibility not to go out and conjure
things up, but to wait until this instance comes before
the court and goes through due process before the story
may have to come forward.
    In terms of -- oftentimes we pick up the newspapers
and we see a trial taking place on the front page and
the person could be, and most likely is, innocent.  How
would you rectify that, Senator Jepsen?
THE CHAIR:
    Senator Jepsen.
SENATOR JEPSEN:
    I think that you've a raised a false issue with all
those facts.  As I've stated before, the fact that the
arrest is public, the press, whether you like it or not
or I like it or not, is going to make its own decisions
as to whether to report an arrest and how much weight
to give it in its reporting and so you're not going to
avoid the problem that you've raised by denying press
access to information.
    The most important thing is to have accurate
information, not inaccurate information and you've
substantially placed -- create the possibility of a
distorted story if you require the press in effect to
go out and develop secondary sources without any basis
on which to go.  I mean suppose the only witness or the
only witness the press can get its hands on is a
completely biased source.  You're going to have a
biased story.
    When you have the arrest record available to you,
the possibility of a more complete development of the
factual record, and therefore an accurate reporting of
the story is far more likely.  Moreover, if information
about an arrest, which is going to -- you want to
dribble this one, if you want to play out it, the risk
that the sources we found one day and new sources found
another, which means more stories in effect, is only
enhanced is information is denied.  I'll just repeat
that throughout society, throughout our laws, the
foundation of what we do up here is open access of what
government does to the people.  That's a foundation of
democracy.  It's a foundation of everything we do and I
think that there's an overwhelming presumption in its
favor, based on our democratic institution and
opponents of this measure have an obligation to
develop a very strong case to overturn this very strong
presumption.
    The only legitimate point that I have heard is the
issue of protecting witnesses.  I believe this draft
adequately protect witnesses, but if that isn't
sufficient, that is where the direction of opponents'
efforts ought to be directed, to clarifying how to
protect witnesses who deserve protection, not to
totally throwing out a fundament tenet of democratic
institution.
SENATOR FREEDMAN:
    Thank you.
THE CHAIR:
    Senator Genuario.
SENATOR GENUARIO:
    Thank you, Madam President, a question, if I might,
through you, to Senator DiBella.
THE CHAIR:
    Senator DiBella.
SENATOR GENUARIO:
    Senator, could you tell me why lines 48 through 52
do not properly answer your concerns about the
protection of witnesses.  Clearly, your interest is the
interest of all of us.  It would seem to me that lines
48 through 52 give the law enforcement agency the
ability not to disclose the identify of witnesses whose
safety would be endangered or would be subject to
threat or intimidation if their identity was made
known or signed statements of witnesses.  Does that not
adequately protect against the concern that you've
voiced?
SENATOR DIBELLA:
    Through you, Madam President, on face value, it
does.  The problem you have is the practicality of what
happens in the course of assimilating this information
in the report because what happens is at that point in
time the department would have to make a decision as to
whether people should be restricted or not.  Not having
enough information as to who was who and what was what
and the total relativity of these people in
relationship to the investigation.  And in that case, a
decision would have to be made immediately and without
ample time to do the evaluation and actual resources to
do that kind of an evaluation in a timely manner, that
being on an immediate basis would really put the police
department at a point where they would have to make
decisions that were not whole and complete in terms of
the ability to understand all of the facts and the
relativity of those facts and witnesses to the case
itself.
    So that on face value, it sounds like that gives
the police department that flexibility.  I had that
discussion with the Hartford police chief and he
related to me in the course of investigations by virtue
of resources that the department has to make that kind
of a determination on an immediate basis would make it
almost impossible for them to do that given the number
of investigations they had and the resources they had
to meet those investigations.
    So, as I said, on face value, that sounds to be a
protection in that process, which it is, but given the
circumstance of reality in the field in terms of what
actually happens in the course of a police
investigation, it's a very limited issue, so a limited
ability for that department to react and that's the
point that I make here this evening is that given that
fact, it becomes very difficult for the department to
make that decision and protect the integrity of the
case as well as the integrity of the players within the
case from public consumption.  It is not to restrict
the right of the public to know so that you well know
in the course of many investigations and in many court
cases, judges, prosecutors move for sealing certain
information to protect the integrity of the
investigation or the case itself.
    So there are, as we look at our constitution
process, many situations where that has happened and I
believe if you read Gifford, Gifford clarifies that
issue and puts that into perspective.
THE CHAIR:
    Senator Genuario.
SENATOR GENUARIO:
    Thank you for that answer, Senator DiBella, and it
forces me to ask a question of Senator Jepsen, if I
may, through you, Madam President.
THE CHAIR:
    Certainly, Senator.
SENATOR GENUARIO:
    Senator Jepsen, do you find credibility in Senator
DiBella's response that as a practical --.
LAUGHTER
    Let me rephrase that.  Do you find that Senator
DiBella's response, that as a practical matter in the
rush and immediacy of police business that it's
virtually impossible for a police department to make an
instant determination as to which witnesses might be
jeopardized witnesses, which witnesses might be
intimidated, which witnesses might have their safety at
risk and that therefore, in this particular instance,
in the interest of the safety of those people involved,
it might err on the side of being conservative in
disclosure, through you, Madam President?
THE CHAIR:
    Thank you, Senator Genuario.  Senator Jepsen.
SENATOR JEPSEN:
    I normally find Senator DiBella immensely
credible.  Speaking in this one instance, my own
experience with the Stamford police, which is my
experience, not person as a witness, but -- and we have
had witness issue in Stamford as well where witnesses
cannot be found, but the witness issue is -- the
witness protection issue, even if it were perfectly
executed, I think represents only a small percentage of
the crimes that are committed.
    It arises in a relatively small number of small
percentages of the kinds -- of the thousands of arrests
that occur in a year.  I think, in all sincerity,
you're talking about a very, very small percentage of
them, and in most cases, I know in my experience with
the Stamford police, that they know who the gang
members are locally.  They know when the crimes are
committed and they see involvement by certain
individuals that you have a gang situation, which is
generally where the witness issue arises and so I think
that they are in a position to make these kinds of
judgments.
    Also, if we are successful in producing a budget,
there is money in the Appropriations package, I am
informed, for a witness protection program that allows
some safe housing of witnesses through the Office of
the Chief State's Attorney.  So, again, you're
legislating for a small number of cases, a small number
of cases, reduced even smaller by the fact that I do
believe, because of my own conversations with the
Stamford police generally, that they know the gang
members, they know when it's a gang crime, and so
you're abandoning a principle of free access to
information and open government to deal with an issue
that is small relative to the issue itself and which
can be dealt with, I submit, and I'd be happy to sit
down and work with Senator DiBella and anybody else who
wants to do it, can be dealt with more adequately
through legislation.
    Again, to repeat, I'll get away from my baby
analogy, I screwed it up once, but you're -- this is
overkill.  I mean to deal with one isolated fact
situation, you're abandoning the principle of open
government and I think that there ought to be better
ways to deal with the witness issue than this
abandonment of a fundamental tenet of democracy.
SENATOR GENUARIO:
    Thank you, Senator Jepsen.  Thank you, Madam
President.
THE CHAIR:
    Thank you very much, Senator Genuario.  Would
anybody else wish to remark on the motion to reject?
Senator Meotti.
SENATOR MEOTTI:
    Madam President, I think it's important to point
out on this amendment that it is my understanding that
the provisions in this amendment were part of a bill or
were a bill that was reported out of the committee and
considered in the House some time in the last month and
was overwhelmingly defeated and that gives rise to my
concern that we have before us an underlying file copy
that is an excellent step, an excellent step in terms
of dealing with both the use of DNA as evidence in
cases, but also in terms of prosecuting, and in some
cases, defending sexual offenders as DNA evidence has
been used to acquit or at least on appeal to overturn
the conviction of someone who is otherwise thought
guilty of a sexual offense.
    And I've listened to this debate and I wish I could
say that it helped me crystallize my thinking on the
issue and it hasn't.  I am uncertain as to what I would
do, based on hearing the colloquy going on here today,
but I will say this.  I'm convinced that if we adopt
this amendment at this point, we are going to put this
bill, the underlying file copy in grave risk, and
therefore, I'm going to support rejection of this
amendment and I think it is an issue that this
legislature can deal with in a more meaningful way in
the future.
THE CHAIR:
    Thank you very much.  Senator Jepsen.
SENATOR JEPSEN:
    To respond only to a specific point raised by
Senator Meotti.  The underlying -- the amendment that
is at dispute here was not voted on by roll call in the
House.  We do not know how the House of Representatives
will respond to this issue.
THE CHAIR:
    Thank you very much.  Would anybody wish to --?
SENATOR JEPSEN:
    I would say further that I think that if this
measure is defeated, if the amendment is passed and it
goes down to the House and it's stripped off in the
House, that I would not offer it once again as an
amendment up here.  I would protect the underlying
bill.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on the motion to rejection Senate Amendment "A",
LCO No. 4370?  Are there any further remarks?  Senator
Jepsen has requested a roll call vote.  Mr. Clerk,
would you make the necessary announcement.
THE CLERK:
    An immediate roll call has been ordered in the
Senate.  Will all Senators please return to the
Chamber.  An immediate roll call has been ordered in
the Senate.  Will all Senators please return to the
Chamber.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The issue before
the Chamber is this.  It is a motion by Senator DiBella
to reject LCO No. 4370, Senate Amendment "A" to Senate
Calendar 377, a motion to reject.  Aye means to reject,
no means to retain.  The machine is on.  You may record
your vote.
    Senator Upson, Senator Somma, Senator Cook, Senator
Penn.  Senator Guglielmo.  Is Senator Cook here?  I
know Senator Balducci and Senator Smith are out.
Senator Cook.  Is Senator Cook here?  Can anyone tell
us?  Senator Eads.
SENATOR EADS:
    Let the record show that Senator Cook is absent
from the Chamber due to an illness in the family and
Senator Smith is literally out of the country on
business.
THE CHAIR:
    Thank you very much.  Have all Senators voted and
are your votes properly recorded?  Have all Senators
voted and are your votes properly recorded?  The
machine is closed.
    The result of the vote:
    11     Yea
    22     Nay
     3     Absent
    The motion fails.
    We now have before us the bill.  Thank you very
much.  The Clerk has pointed out to me that the motion
to reject having failed means that the amendment was
adopted.  So there we are now, we have this amendment.
We have not yet voted on the bill because it was on the
Consent Calendar.  The Consent Calendar had not been
voted as of yet.
    So now you have before you an amendment that you've
adopted and a bill that you have yet to vote on.  Is
that clear?  Senator Penn, I'm sorry.
SENATOR PENN:
    Can we just vote on the bill, Madam President?
THE CHAIR:
    Sure, fine with me.  Would you like to move
passage.
SENATOR PENN:
    I move its adoption.
THE CHAIR:
    Thank you very much.  You have before you now then
Substitute for House Bill No. 5789, as amended by House
Amendment "A" and Senate Amendment "A".  Does anyone
wish to remark?  I think we remarked on the bill
earlier?
SENATOR PENN:
    We're all ready.  We're back at square one.
THE CHAIR:
    Okay, Mr. Clerk.
THE CLERK:
    An immediate roll call has been ordered in the
Senate.  Will all Senators please return to the
Chamber.  An immediate roll call has been ordered in
the Senate.  Will all Senators please return to the
Chamber.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The issue before
the Chamber is Senate Calendar 277, Substitute for
House Bill No. 5789, as amended by House Amendment "A"
and Senate Amendment "A".  The machine is on.  You may
record your vote.
    Have all Senators voted and are your votes properly
recorded?  Have all Senators voted and are your votes
properly recorded?  The machine is closed.
    The result of the vote:
    33     Yea
     0     Nay
     3     Absent
    The bill passes.
SENATOR DIBELLA:
    Are we going to call the Consent Calendar?
THE CHAIR:
    We have an issue.  Senator Peters has got a problem
with a bill.  All right, everybody time out for a
minute for the Clerk.  Everybody stand at ease for just
a second.
    (Gavel)  The Senate come to order and the Chair
will recognize Senator Peters.
SENATOR PETERS:
    Thank you, Madam President.  I would like to
request that we pull Calendar No. 213, Substitute for
Senate Bill 282 off the Consent Calendar.
THE CHAIR:
    Thank you, 213, which was on Page 19.  All right,
Substitute for Senate Bill 282, correct?
SENATOR PETERS:
    Yes, Madam President.
THE CHAIR:
    Thank you very much.  Now, would you like to move
to reconsider one of those two amendments?
SENATOR PETERS:
    Yes, I would, Madam President.  I claim to be on
the prevailing side.
THE CHAIR:
    Thank you.  Could you tell us which amendment you
wish to reconsider?
SENATOR PETERS:
    I move to reconsider and reject LCO --.
THE CHAIR:
    No, no, just move to reconsider.
SENATOR PETERS:
    Move to reconsider LCO4709.
THE CHAIR:
    Thank you very much.  That was designated as Senate
Amendment "B".
SENATOR PETERS:
    Yes, that's correct.
THE CHAIR:
    Thank you very much.  You have before you a motion
to reconsider LCO No. 4709.  Is there any objection to
the motion to reconsider by Senator Peters?  Is there
any objection?  Hearing none, it is so ordered.
    You now have before you Senate Amendment "B", 4709,
and I believe you're going to make a motion to reject.
Am I correct?
SENATOR PETERS:
    That's correct, Madam President.
THE CHAIR:
    Would you like to move to reject?
SENATOR PETERS:
    I would like to move to reject LCO4709, Senate
Amendment "B".
THE CHAIR:
    Thank you.  Do you wish to speak to your motion to
reject?
SENATOR PETERS:
    Thank you, Madam President.  I would -- it was an
amendment that I had intended to withdraw and has the
wrong ending date and I urge its rejection.
THE CHAIR:
    Thank you very much.  You have before you a motion
by Senator Peters to reject LCO No. 4709.  Would
anybody else wish to remark on the motion to reject?
Are there any further remarks?  If not then, let me
know your minds.  All those in favor of rejecting
LCO4709, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment has been rejected.
    Now, are you content with LCO No. 5939?
SENATOR PETERS:
    Yes, I am.  Thank you, Madam President.
THE CHAIR:
    Thank you very much.  Then would you like to move
to place Substitute for Senate Bill No. 282, as amended
by Senate Amendment "A", on the Consent Calendar, if
there is no objection?
SENATOR PETERS:
    I so move, thank you.
THE CHAIR:
    Thank you.  Is there any objection to placing
Senate Calendar 213, Substitute for Senate Bill No.
282, as amended by LCO No. 5939, Senate Amendment "A"
only, on the Consent Calendar?  Is there any objection?
Any objection?  Hearing none, so ordered.
SENATOR PRZYBYSZ:
    Can we try again?
THE CHAIR:
    Senator Przybysz.
SENATOR PRZYBYSZ:
    Can we try again, Madam President.
THE CHAIR:
    Okay.
SENATOR PRZYBYSZ:
    I would like to remove an item from the Consent
Calendar please.
THE CHAIR:
    Yes, sir.
SENATOR PRZYBYSZ:
    Senator Bill No. 414.
THE CHAIR:
    No, no, tell us the Calendar number and then we'll
get to the rest of it.
SENATOR PRZYBYSZ:
    Hold on.
THE CHAIR:
    So we can do it for you.  Sorry.
SENATOR PRZYBYSZ:
    On Page 21, please, Calendar No. 235, File --.
THE CHAIR:
    Okay.  Senate Bill No. 414?
SENATOR PRZYBYSZ:
    Correct.
THE CHAIR:
    Thank you very much.  Now, is there any objection,
and hearing none, we'll just take that right off the
Consent Calendar.  Now what would you like to do with
it?
SENATOR PRZYBYSZ:
    I move the bill and we should have waited for
another amendment, so I would like the Clerk to please
call LCO No. 4509.
THE CHAIR:
    4509.  Mr. Clerk, do you happen to have 4509?
THE CLERK:
    LCO4509, which will be designated Senate Amendment
Schedule "B", offered by Senator Przybysz of the 19th
District.
THE CHAIR:
    Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move adoption of the
amendment and will read.
    After line 107, insert the following:  "Section 4,
this act shall take effect upon its passage."
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on LCO No. 4509, Senate Amendment "B"?  Are
there any further remarks?  Any further remarks?  If
not then, please let me know your mind.  All those in
favor of LCO No. 4509, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Opposed.
    The ayes have it.
    The amendment is adopted.
    Is there a further amendment?
SENATOR PRZYBYSZ:
    No, Madam President.  If there are no objections, I
would move that this again be placed on the Consent
Calendar.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar No. 235, Senate Bill No. 414,
as amended by Senate Amendments "A" and "B" on the
Consent Calendar?  Is there any objection?  Any
objection?  Hearing none, so ordered.  Thank you,
Senator.
SENATOR PRZYBYSZ:
    Thank you.
THE CHAIR:
    Is there any other housekeeping business that
anybody would like to take up?  Otherwise, the Senate
will stand at ease and see if we have another Go
Calendar?  All right, thank you.  The Senate will stand
at ease.
    The Senate will come to order.  Senator DiBella.
SENATOR DIBELLA:
    On Page 5, Calendar Item 311, Substitute for Senate
Bill No. 362 is a Go.
THE CHAIR:
    Yes, sir.
SENATOR DIBELLA:
    On Page 24, Calendar Item No. 346, Substitute for
Senate Bill No. 92 is a Go.
THE CHAIR:
    Yes, sir.  Mr. Clerk.  And Senator Przybysz is in
the Chamber, my goodness.
LAUGHTER
    No, no, I mean the person that's going to bring the
bill out is here.  Isn't that fortunate?  We've got
that person right in captivity and off we go.
THE CLERK:
    Calendar Page 5, Calendar No. 311, File No. 484,
Substitute for Senate Bill 362, AN ACT CONCERNING THE
DEPARTMENT OF MENTAL RETARDATION.
    Favorable Report of the Committee on
Appropriations.
    The Clerk is in possession of an amendment.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much and I would ask the Clerk to
call the amendment please.
THE CLERK:
    LCO5900, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Sullivan of the
5th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Sullivan.
SENATOR SULLIVAN:
    Thank you, Madam President.  I move adoption of the
amendment and request permission to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR SULLIVAN:
    Thank you.  This amendment will, outside the
parameters of the current biennium, include in the
responsibilities of the Department of Mental
Retardation the balance of those individuals who suffer
from something called Prader-Willi Syndrome, which is a
developmental disability.  It is lifelong.  It is life
threatening.  Most of those who have this condition are
sufficiently disabled developmentally, that they are
presently under the jurisdiction of the Department of
Mental Retardation Services.  This will add a
relatively small number of individuals in the future
and allow all of those individuals to be served.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A"?  Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I would just want to
associate myself with the remarks of Senator Sullivan.
During the session, the Public Health Committee did
hear very compelling testimony about the need of
children who suffer from Prader-Willi Syndrome and
currently the department is serving many of these
children and it will certainly help the families of our
state.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 5900?  Are
there any further remarks?  If not then, please let me
know your mind.  All those in favor of LCO No. 5900,
Senate Amendment "A", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Senator Przybysz, you have before you Substitute
for Senate Bill 262, as amended by Senate Amendment
"A".
SENATOR PRZYBYSZ:
    Thank you, Madam President.  On the bill itself,
this bill puts into statutory language what we have
been doing through the budgetary process for I believe
about four to five years.
    Many of us who have worked on the Direct Subsidy
Program have patterned this after a very successful
program that started in the State of Michigan.  What
this does is allow the Department of Mental Retardation
to give a direct subsidy to a client of the client's
family in order to purchase various services to allow
clients who are mentally retarded to either live in
community-based residential facilities or with their
families or caretakers.
    The subsidy program is very closely monitored.  It
allows for what we consider family empowerment for
those families who care for children or even adults
with mental retardation and the bill enumerates a
number of -- types of services that may be covered and
purchased with this direct subsidy.
THE CHAIR:
    Thank you very much, Senator Przybysz.  Would
anybody else wish to remark on Substitute for Senate
Bill 362, as amended?  Are there any further remarks?
If not the, please let me know -- no, Senator Przybysz.
SENATOR PRZYBYSZ:
    If there are no objections, I would move that this
be placed on the Consent Calendar.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 311, Substitute for Senate Bill
362, as amended by Senate Amendment "A", on the Consent
Calendar?  Is there any objection?  Hearing none, so
ordered.
THE CLERK:
    Calendar Page 24, Calendar No. 346, File No. 529,
Substitute for Senate Bill 93, AN ACT CONCERNING THE
DEPARTMENT OF HEALTH.
    Favorable Report of the Committee on Government
Administration and Elections.
    The Clerk is in possession of amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much, Senator.  Mr. Clerk.
THE CLERK:
    LCO4506, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Przybysz of the
19th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Przybysz.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  I move adoption of the
amendment and request permission to summarize.
THE CHAIR:
    Thank you very much.  Please proceed, Senator.
SENATOR PRZYBYSZ:
    Thank you, Madam President.  What this bill does is
change Sections 1, 2, 3 of the file copy, but I would
like to say that I think this is a very important
vision statement for the State of Connecticut because
what it says is that effective July 1, 1995 there shall
be in the State of Connecticut a Department of Health.
    This Department of Health will include all the
programs and functions of the current Department of
Public Health and Addiction Services and the Department
of Mental Health.
    I think it's very important because as we move
forward in terms of health care reform, we've always
tried to say, many of us who have been working on this
issue, that substance abuse and mental health should be
on the same plane, should be considered in the same
vein as those illnesses that are considered medical
types of illnesses.
    This bill, as I've stated, is very important
because we will move forward, I believe, in terms of
health care reform with this initiative.  It clearly
states also, the amendment, that the department shall
be organized so to enhance the specific disciplines of
substance abuse, mental health and public health.  As
we have debated this bill during the current session,
we have -- many of us have come to understand the clear
distinctions between the modalities of treatment of
substance abuse and mental health.  In no way does this
bill state that we will have one treatment modality for
both of these illnesses.
    The bill also sets up a very -- in my opinion -- a
very well defined planning process.  It's very
important that the people who are currently providing
the program within these three disciplines, of
substance abuse, mental health and public health, learn
about the differences and the commonalities that they
have with one another so that they can iron out the
differences that they may have in understanding the
common ground that they may have.
    The bill clearly states that with this planning
process will come a legislative oversight committee,
composed of various members of the General Assembly and
that the planning groups that will develop the
implementation plan to be presented to the General
Assembly next year on January 1, 1995, that this
planning process will be closely monitored, as I've
stated, by the legislature and that this planning
process shall also consider the potential revenue
maximization efforts that may come about with this new
agency.
    In particular, we want the planning group to look
at claiming perhaps disproportionate share payments for
the current institutions, substance abuse institutions
within the Department of Public Health and Addiction
Services.
    As I've stated, I believe this is very important
for the citizens of the State of Connecticut and it
does move Connecticut forward in terms of health care
reform.
THE CHAIR:
    Thank you very much, Senator Przybysz.  Would
anybody else wish to remark on Senate Amendment "A",
LCO4506?  Are there any further remarks?  If not then,
please let me know your mind.  All those in favor of
Senate Amendment "A", LCO No. 4506, please signify by
saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
THE CLERK:
    Madam President, there are no further amendments.
THE CHAIR:
    Senator Przybysz, you have before you Substitute
for Senate Bill No. 93, as amended by Senate Amendment
"A".
SENATOR PRZYBYSZ:
    Thank you, Madam President.  In discussing the
amendment, I really discussed the main points of the
bill.  The rest of the bill just makes some statutory
changes.  In particular, it states that the proposed
Department of Developmental and Rehabilitative
Services, which was part of our previous government
reorganization initiatives, will not take place.
    The proposed Department of Developmental and
Rehabilitative Services was to include the Department
of Mental Health and Mental Retardation and the very
smaller agencies, such as the Board of Education
Services for the Blind, the Commission on Deaf and
Hearing Impaired and the Bureau of Rehabilitative
Services, which currently is in the Department of
Social Services.
    With this bill, as I stated, this reorganization
will not occur and the current structure of location of
these various departments and agencies will remain as
is.
THE CHAIR:
    Thank you very much, Senator Przybysz.  Would
anybody else wish to remark on Senate Calendar 346,
Substitute for Senate Bill 93, as amended?  Are there
any further remarks?  If not, Senator Przybysz, would
you like to make a motion to place this item on the
Consent Calendar, if there is no objection?
SENATOR PRZYBYSZ:
    I would make such a motion, Madam President.
THE CHAIR:
    Thank you very much, Senator Przybysz.  Would
anyone object to Senate Calendar No. 346, Substitute
for Senate Bill No. 93, as amended by Senate Amendment
"A" were placed on the Consent Calendar?  Is there any
objection?  Hearing none, so ordered.
    I believe that completes the second Go List.  Am I
correct, Mr. Clerk?
THE CLERK:
    That is correct, Madam President.
THE CHAIR:
    Thank you very much, Mr. Clerk.  Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  For the purpose of
some more bills here.  On Page 18, Calendar Item No.
184, Substitute for Senate Bill No. 408 is a Go.
    Calendar Item No. 185, Substitute for Senate Bill
No. 229 is a Go.
THE CHAIR:
    Thank you very much.
SENATOR DIBELLA:
    On Page 20, Calendar Item No. 222 is a Go.
THE CHAIR:
    Mr. Clerk.
THE CLERK:
    Calendar Page 18, Calendar No. 184, File No. 211,
Substitute for Senate Bill 408, AN ACT CONCERNING THE
GENERAL ASSISTANCE ANNUAL REPORT.
    Favorable Report of the Committee on
Appropriations.
    The Clerk is in possession of amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Harp.
SENATOR HARP:
    Madam President, I move acceptance of the Joint
Committee's Favorable Report and passage of the bill.
THE CHAIR:
    Thank you very much, Senator.
SENATOR HARP:
    Madam President, there's an amendment, LCO No.
6274.
THE CHAIR:
    Yes, sir, I mean ma'am.  I'm so sorry.  Mr. Clerk,
LCO6274.
THE CLERK:
    LCO6274, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Harp of the 10th
District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Harp.
SENATOR HARP:
    Thank you, Madam President.  I move the amendment
and waive reading of the amendment.
THE CHAIR:
    Fine, would you like to summarize?
SENATOR HARP:
    And I'd like to summarize.  This amendment would
remove the two year time limit for the pilot Electronic
Benefit Distribution Program for the Public Assistance
Program as well as well as the designated four towns
and counties in which the pilots were to have occurred
to not less than one town and the amendment would have
the pilot begin on June 1, 1995 with a report to the
legislature by January 1, 1996.  I urge its adoption.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on LCO No. 6274?  Senator Gunther.
SENATOR GUNTHER:
    Madam President, I rise to oppose the amendment.  I
think that taking a look at this, I think that there's
a lot of intent in the original bill that this will
strip out and one of the most important ones I think is
the photo identification process that I think the
general public and the legislature has been looking for
for quite some time.
    It does take it from a two year pilot program and
it deletes the towns that were identified in Hartford
and New Haven and Fairfield Counties.  I think this is
not just a minor adjustment in the file copy that we
have here.  I think it's important that we have the
photo identification.  I think that the many years that
we've been up here, I think in this General Assistance
Program this has been constantly something that we've
been trying to accomplish and I think that to merely to
take and delete this in this particular amendment would
do an injustice to the whole program.
    Now, there's a lot more there, but I just had a
quick note on this and I think that that is the area
that we should be looking at.  Now, through you, Madam
Chairman, do we have a fiscal note on this amendment?
THE CHAIR:
    Senator Harp.
SENATOR HARP:
    Yes, we do.  It is here.  I don't know exactly how
these fiscal notes are numbered.  Okay, so it's the
fiscal note that has LCO6274 on it.  It says Version 3,
4, 27 and 94 and basically -- do you want me to
summarize the fiscal note?
SENATOR GUNTHER:
    Well, I think --.
SENATOR HARP:
    Or you have it?
SENATOR GUNTHER:
    We not have it.  I do not have a copy of that.
Thank you, Madam President.  I will again cite that
this particular amendment does delete the photo
identification for this program.  I think that's very
important.  When we have a vote on this, may we have it
by roll call please?
THE CHAIR:
    Certainly, Senator Gunther.  Would anybody else
wish to remark?  Senator Harp.
SENATOR HARP:
    May I respond?  The department asks us to delete
the photo ID, one, because they felt that it would make
the cost of the card extraordinarily expensive, and
two, they felt that it wouldn't really suit the
services to which they thought it was intended.  So
they felt it was expensive, it would be cumbersome and
that it would not really help prevent fraud or any of
the other issues it raised when it was attached to the
bill last year.
THE CHAIR:
    Thank you very much, Senator Harp.  Would anybody
else wish to remark on Senate Amendment "A", LCO No.
6274?  Are there any further remarks?  Yes, Senator
Freedman and Senator Upson.
SENATOR FREEDMAN:
    Yes, thank you, Madam President.  Through you, to
Senator Harp, is it your intent to replace this system
with the new finger imaging system that we had talked
about in Appropriations?
THE CHAIR:
    Senator Harp.
SENATOR HARP:
    It is not my intention to do so.  I believe that
this is an electronic benefit transfer card, which
would be very much like your bank card or debit card
that you could use a grocery store as that technology
becomes available as well as at a bank, to access your
benefits through this program, the different programs
that provide cash as well as food stamps assistance.
SENATOR FREEDMAN:
    Again, through you, Madam President, it was my
understanding that although it was going to be used for
identification purposes that wouldn't that be finger
imaging card also serve in other capacities for clients
to receive their payments, through you, Madam
President?
THE CHAIR:
    Senator Harp.
SENATOR HARP:
    I really have no idea because the finger or digital
imaging program, I believe, is not sponsored by me, nor
has it been heard by my committee, so I can't really
answer any questions regarding that.  I would imagine
that if you had a card and there were many computer
chips that could do many things, that there may be
other things that could be done, but this particular
bill was not in any way in response to any digital
imaging program that may be considered elsewhere within
this building.
SENATOR FREEDMAN:
    Again, Madam President, I apologize for not hearing
and maybe it happened while I was out of the Chamber,
but what was the reason given for eliminating this
particular program, through you, Madam President?
THE CHAIR:
    Senator Harp.
SENATOR HARP:
    The department, I believe in the original bill the
startup date was a lot earlier and the department was
not in a position, although it has begun the planning,
to begin the program June 1st, so the date was changed
to June 1, 1995.  They believe that as the technology
changes, there are more opportunities once the
technology begun available in the marketplace as well
as the technology as the card itself to develop because
they wanted to make sure that none of the mistakes that
had been made in other places that this would occur
here, so they wanted an extended planning process which
has already begun and they felt that they could
implement this program better if they implement it a
year later.
SENATOR FREEDMAN:
    And again, through you, Madam President, does this
amendment then just defer this program for a year or
does it eliminate it for a year, through you, Madam
President?
THE CHAIR:
    Thank you, Senator Freedman.  Senator Harp.
SENATOR HARP:
    Your question is does it defer it for a year or
does it eliminate it for a year.  The department
represented to us that they did not have the capacity
to implement it when it was required to be implemented
in the initial law which we passed last year which was
June 1st.
    They have been planning, they started their
planning process in January.  They believe that they
will be ready to implement and have identified a town,
June 1, 1995 in the Town of Waterbury.
SENATOR FREEDMAN:
    Thank you, Madam President.
THE CHAIR:
    Thank you very much, Senator Freedman.  Would
anybody else wish to remark?  Yes, Senator Upson.
SENATOR UPSON:
    Just through you, Madam President, very quickly.
Was there testimony at a hearing from different
department officials as to this amendment that you
want, through you, Madam President?
THE CHAIR:
    Senator Harp.
SENATOR HARP:
    There was not formal testimony, but the department
met with the Chairs of the Human Services Committee.
It was plain to us the problems that they were having
implementing this program and they also met with us and
members of the banking industry who are working with
them to devise this program.
SENATOR UPSON:
    Thank you.
THE CHAIR:
    Senator Gunther, for the second time.
SENATOR GUNTHER:
    Madam President, I'd still press the point that I
think that it is really a bad move at this point to
delete this and when I hear what's been done because of
a financial involvement, if you're going to replace
just the photo ID with the fingerprint photo and it is
a combination.  I've seen demonstrations of both of
these.  I've also seen quite a bit of statistical data
that establishes those areas that are established,
either photo or the photo fingerprint ID have had an
appreciable reduction in cost.  I think it more than
pays off in what the cost of the program and the
startup.
    So that I do think that many of us up here for
years have tried to see this photo ID program
implemented and I think getting it this far and having
it identified as a savings now or to take this out
because it's going to cost too much, I think in the
long run, it's going to do just the opposite.
THE CHAIR:
    Thank you very much, Senator Gunther.  Senator
Harp.
SENATOR HARP:
    Madam President, to answer your complaint, I
basically want to say that this was never considered in
conjunction with the digital finger imaging program so
that it isn't correct to link the two and that there
are other means of photo identification that are
available through the state through the Department of
Motor Vehicles and the department felt that having for
limited programs and not all of the Public Assistance
Programs, because all of them are not benefit programs,
the photo ID would not in any way deter fraud, which I
believe is the route of what you're trying to get
to through the other mechanisms, which is the digital
photo imaging program.
THE CHAIR:
    Senator Milner.
SENATOR MILNER:
    Thank you, Madam President.  I think people are
getting confused here over this program and other
programs.  This is a pilot program that is happening
across the nation.  It's part of the Electronic
Benefits Transfers Program.  The purpose of that
program also is to help and assist to get rid of some
of the things, such as the food stamp vouchers and
things that people carry around, to then allow in the
supermarket, for instance, to use that card instead of
bringing in a handful of food stamps.  That card is run
through.  That is not the same card that you'll be
talking about when we're going to begin to talk about
the fingerprinting and all these other things for
identification purposes.
    This is to replace the food stamp coupons.  That
pilot is going on presently in other states throughout
the country and they do not use photo -- the same cards
you would normally go into when you go and use your
bank card.  It's a different thing, but I think people
think that this is the same ID and fingerprint type of
card that you saw demonstrated.  It is not.  It's an
altogether different program.  Thank you, Madam
President.
THE CHAIR:
    (Gavel)  Could we ask please that the conversation
in the Chamber be taken out or ended, so that we can
hear the debate?  Thank you.  Senator Freedman.
SENATOR FREEDMAN:
    Thank you, Madam President.  For the second time.
The bill that came out of Appropriations I believe was
just asking for a deferral of the time.  I'm now
hearing Senator Milner tell me that this is already
operative in other places.  Through you, to Senator
Harp, I'd like to know what the reason was the
department could not get this up and running when other
places are already doing it?
THE CHAIR:
    Thank you very much.  Senator Harp.
SENATOR HARP:
    It is up and running I believe in one state.  I
believe it's Wisconsin and there may be other places
where it is up and running and one of the things that
the department said to us was that there were problems
with some of these programs that they are learning
from.  The technology, as you understand, is advancing
every day and they believe that by the time they're
ready to go, that they will take advantage of those
lessons that have been learned in other places, that
our technology will take advantage of the advances that
have been made in digital transfer and debit card
payments so that we won't make the same mistakes that
have been made in other places.
    So their feeling was they wanted to have the time
so that they could implement this program and that it
would be a success.  The other thing that we ask is
that they come back to us and report the impact of the
program so that we just don't implement something
because we think it might be a good idea because it
utilizes technology that we think might work.
    We want to be assured that the impact is positive,
that the transfer actually works and that people don't
go hungry or without because we've changed this system.
SENATOR FREEDMAN:
    Again, through you, Madam President, there's a new
section here that now incorporates state and local
advocacy groups that will be participating in the plan
and I'd like to know how that came into the amendment
since it was never mentioned in the original bill,
through you, Madam President.
THE CHAIR:
    Thank you, Senator Freedman.  Senator Harp.
SENATOR HARP:
    Yes, I think if you can find the bill, which I'm
sure you have, through you, Madam President, that you
will note that this amendment has been on our Calendar
many times under different LCO numbers and that
different people who have monitored this have asked
that their interests be protected, and quite frankly,
when I was asked, I reconstructed the amendment and
added that advocacy groups be a part of the decision
making in determining whether or not this is in fact
something that will work and will have a positive
impact upon the citizens of our state they advocate for
who are those who tend to be disenfranchised and are
not able to advocate on behalf of themselves.
SENATOR FREEDMAN:
    Again, through you, Madam President, could Senator
Harp elaborate on some of these local advocacy groups,
particularly in the Waterbury area where I understand
the pilot program will now occur?
SENATOR HARP:
    The Local legal services office in that area will
probably be a part of it as well as having
representation from the department of the district
office there in Waterbury, who will implement the
program.
SENATOR FREEDMAN:
    I guess I'm very disappointed because I think last
year when this bill went through this General Assembly,
I think we all felt encouraged that we were going to
make progress and making life easier for a lot of
different reasons.
    As I look at this amendment, I think we're changing
the context.  I think the technology is already there.
I'm very disappointed in the department for not going
forward and incorporating what could have been done
early on as a pilot program in the areas that it had
originally been suggested and now we're backtracking
again.  I think that's wrong.
    I think we should stick with the main bill, with
the pilot where it should have been in the New Haven,
Hartford and Fairfield County areas and I think that
the department should get its act together and go
forward without any amendment changing the intent of
what this legislative body had demanded of it.
    I sympathize with Senator Harp because I realize
these things happen very quickly around here when the
agency comes up with excuses, but it's no longer an
excuse.  The technology is there, as we heard from
Senator Milner.  Why can't we go through with the
pilot?  Through you, again, Madam President, since
this was part of the last year's budget, I believe, was
there not money already incorporated to be spent on
this particular program?
THE CHAIR:
    Senator Harp.
SENATOR HARP:
    Through you, Madam President, while the fiscal note
does not directly indicate that there is funding
available in the biennium for this particular activity,
I know that the banking industry had indicated that
they would donate some of their time to begin the
planning process.
SENATOR FREEDMAN:
    Madam President, thank you.
THE CHAIR:
    Thank you very much.  Would anybody else --?  Yes,
Senator Milner, for the second time.
SENATOR MILNER:
    Yes, Madam President, for the second time.  I think
the delay comes about because of the pilot programs
that are going on in other places.  A couple of things
that are happening in those pilot programs that were
discovered and I think that this delay is important and
critical to our state, actually putting in a program
that makes sense and is doable.
    One of the major problems was the question of
having hardware in the supermarkets that is compatible
to the type of equipment needed for this type of
program.  The question of who will share that cost,
whether that cost will be shared by the state or the
supermarkets, because there has to be equipment.  Where
would that equipment go?  As you know, in most
supermarkets presently you already have different types
of electronic transfer programs.  What type of
equipment would be compatible where you put it?  Will
there be room for it?  These things are all part of
that testing phase.
    The other part is a question of liability.  Should
someone come in without their card and say their name
is in the computer and get irate and something happens
within that store, who is liable?  These questions are
being answered now through the pilot program.
    The State of Connecticut is being very cautious to
make sure that when their program is implemented that
these kind of questions have been answered and it is a
major cost to someone to make those -- the equipment
that is presently in supermarkets and in stores
compatible to this type of program, and again, that's a
cost factor that has to be considered.
THE CHAIR:
    Thank you very much, Senator Milner.  Would anybody
else wish to remark on Senate Amendment "A"?  Any
further remarks?  If not, Senator Gunther has made a
request for a roll call vote.  Mr. Clerk, would you
make the necessary announcement please.
THE CLERK:
    An immediate roll call has been ordered in the
Senate.  Will all Senators please return to the
Chamber.  An immediate roll call has been ordered in
the Senate.  Will all Senators please return to the
Chamber.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The issue before
the Chamber is Senate Calendar 184, Substitute for
Senate Bill 408.  It is LCO No. 6274, Senate Amendment
"A".  The vote is on Senate Amendment "A".  The machine
is on.  You may record your vote.
    Senator DiBella.  Senator Aniskovich.  Is Senator
DiBella here?  Have all Senators voted and are your
votes properly recorded?  Have all Senators voted and
are your votes properly recorded?  The machine is
closed.
    The result of the vote:
    18     Yea
    15     Nay
     3     Absent
    The amendment is adopted.
    Mr. Clerk.  Or Senator Harp.
SENATOR HARP:
    Disregard any other amendments in my name on that
particular bill.
THE CHAIR:
    Thank you very much, Senator.
SENATOR HARP:
    I'll remark further on the bill.
THE CHAIR:
    Just a second, Senator Harp.  The Clerk is just
checking to make sure that nobody else has got an
amendment.
SENATOR HARP:
    Okay.
THE CHAIR:
    No further amendments?  Senator Harp.
SENATOR HARP:
    This bill requires the Department of Social
Services to issue its annual report on General
Assistance each April instead of each December.  The
report covers the previous fiscal year's program
activities, including staff and budget information,
department goals and objectives, program trends and
Workfare activities.
    The change would allow the department to present
fiscal information more accurately due to towns
normally submitting their quarterly bills late.  It's
difficult for the department to meet the December
deadline due to the late submission.
    I urge your support of this change in the annual
report submission.  Thank you.
THE CHAIR:
    Thank you, Senator Harp.  Would anybody else wish
to remark on Substitute for Senate Bill 408?  Senator
Robertson.
SENATOR ROBERTSON:
    Thank you very much, Madam President, I appreciate
it.  I would as that when the vote be taken that it be
taken by roll please.
THE CHAIR:
    Certainly, sir.
SENATOR ROBERTSON:
    I wish for you to understand, presently the
department issues this report in December, that is, six
months, two quarters beyond the close of the fiscal
year and now what they're saying is, well, we can't do
it in two quarters after the close of the fiscal year.
We want three quarters.  And just think of what that
means.  The General Assembly comes in when?  January or
February.  The budget is usually done around April.
They don't want us to have this report before the
budget is done.  They don't want us to have the
information to analyze and I think what they've done is
they've taken advantage of a very decent Senator and
gotten her to support this.
    I think that this is a way to avoid having the
introspection that we, as the General Assembly, would
do on the GA Programs and there's really no logical
reason.  We've spoken with the Department of Social
Services.  We've asked about the delays and they said
the delays are minor, if any.  They said that there are
20 towns in the State of Connecticut that represent
somewhere in the neighborhood of 93 percent of all GA
cases and they get their reports in on time because
they receive so much and they have to have that money
and so the few stragglers is reason to delay a report
for three months, after the budget is usually out of
the Appropriations Committee.
    I think it's wrong.  I think it's irresponsible and
I think we should vote no.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Senate Calendar 184?  Are there any
further remarks?  Senator Harp.
SENATOR HARP:
    Thank you, Madam President, and I certainly would
like to thank Senator Robertson for his kind remarks,
but if what he says is true that 20 towns represent 93
percent and they get theirs in on time, that means 149
towns don't and one of my experiences, having sat on
the Appropriations Committee for two years, that even
to this day and we're almost in May, we still don't
have the final numbers from the Department of Social
Services on the General Assistance Programs.
    So whether or not we have in law, whether or not
they provide a report, it takes that long, in fact, for
us to get the information because the towns don't
provide the information on time.
    So now we can't expect the department to give us a
report that will have half of the information in it,
but it has been impossible and my understanding is it's
consistent and continual past practice never for us to
get that information on time from the department and
the department claims it hardly ever gets the
information on time from most of the towns.  I wish it
worked the way that we had wanted it to work and
perhaps we should fine the towns more if they don't
provide the information on time, but because we have
169 towns with 169 different mechanisms of billing the
state for this resource, it takes almost -- we have
information coming at in 169 different times and most
of those times are late and it does impede our ability
to project budgets and all I can say is that I think we
need to more more realistic than hopeful.
THE CHAIR:
    Thank you very much, Senator Harp.  Would anybody
else wish to remark?  Senator Robertson for the second
time.
SENATOR ROBERTSON:
    Yes, thank you, Madam President.  Again, I can only
tell you that evidently Senator Harp and I are getting
our information from different sources.  I have spoken
to the statistical division of the Department of Social
Services.  They tell me that 20 of the towns in the
State of Connecticut report immediately.  The 20 towns
represent 90 percent of GA population and that is
before the six month period begins.
    I'm suggesting that an adequate report can
certainly be submitted when you have, as of the close
of the fiscal year, information from 90 percent of the
participants for those towns that maintain 90 percent
of those participants.  I think that this is an
attitude on the department.  We don't like doing this
report.  We don't like the way certain political
philosophies deal with this report.  Therefore, we'd
like to avoid it.  Let's put it off for three more
months.  I think it's a copout.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 184?  If not, Mr. Clerk,
would you please make the necessary announcement for a
roll call vote.
THE CLERK:
    An immediate roll call has been ordered in the
Senate.  Will all Senators please return to the
Chamber.  An immediate roll call has been ordered in
the Senate.  Will all Senators please return to the
Chamber.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The issue before
the Chamber is Senate Calendar 184, Substitute for
Senate Bill No. 408, as amended by Senate Amendment
"A".  The machine is on.  You may record your vote.
    Have all Senators voted and are your votes properly
recorded?  The machine is closed.
    The result of the vote:
    18     Yea
    15     Nay
     3     Absent
    The bill passes.
    Mr. Clerk.
THE CLERK:
    Calendar Page 20, Calendar 222, File No. 175 and
286, Substitute for House Bill -- correction.  Sorry,
Madam President, I jumped ahead of myself.
    Returning to Calendar Page 18, Calendar No. 185,
File No. 218, Substitute for Senate Bill 239, AN ACT
AUTHORIZING MUNICIPALITIES TO ASSESS CIVIL PENALTIES
FOR HOUSING DISCRIMINATION.
    Favorable Report of the Committee on Judiciary.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Milner.
SENATOR MILNER:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark further?
SENATOR MILNER:
    Yes, Madam President.  This bill allows local
municipal civil rights agencies the same authority to
issue orders and petition the court for relief with
respect to violations of local discriminatory practices
that the Commission on Human Rights and Opportunities
has with respect to state anti-discrimination laws.
    This is done upon approval of the local
legislative body.  By law, CHRO's actions continues to
supersede the local agency's actions on the same
matter.  CHRO may consider evidence from a local
investigation and the local agency's decision.
    Actually, the reason why this is needed is because
in order to -- because of a resulting amendment to the
federal Fair Housing Act, local agencies are required
to amend their laws for compliance with HUD with regard
to their ability to assess civil penalties under the
state Fair Housing Act into compliance with federal law
in order to maximize their funding from the federal
government and I urge passage.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 185?  Are there any further
remarks on Senate Calendar 185?  If not, Senator
Milner, would you like to make a motion to place this
item on the Consent Calendar?
SENATOR MILNER:
    Yes, Madam President.  I move that this be placed
on Consent.
THE CHAIR:
    Thank you very much, Senator.  Is there any
objection to placing Senate Calendar 185, Substitute
for Senate Bill 239, on the Consent Calendar?  Is there
any objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 20, Calendar No. 222, File No. 175
and 286, Substitute for House Bill 5537, AN ACT
CONCERNING PERMIT APPLICATIONS BEFORE THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION, as amended by House Amendment
Schedules "B" and Senate Amendment Schedules "A" and
"B".
    Favorable Report of the Committee on
Appropriations.
    The committee recommends passage with House "B" and
Senate "A" and "B".
    The Clerk is in possession of two more amendments.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Daily.
SENATOR DAILY:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill in concurrence with the House.
THE CHAIR:
    Thank you very much.  Mr. Clerk.
THE CLERK:
    LCO5321, which will be designated Senate Amendment
Schedule "C".  It's offered by Senator Daily of the
33rd District.
THE CHAIR:
    The Chair would recognize Senator Daily.
SENATOR DAILY:
    Thank you, Madam President.  This bill repeals
Section 4 of Substitute House Bill 5868.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark any further?  Would anybody else wish to remark
on Senate Calendar -- I mean LCO No. 5321?  Are there
any further remarks?  If not then, please let me know
your mind.  All those in favor of LCO No. 5321,
designated by the Clerk as Senate Amendment "C", please
signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk, do you have any further amendments?
THE CLERK:
    No further amendments, Madam President.
THE CHAIR:
    Senator Daily, you now have before you the bill as
amended with Senate Amendment "C".
SENATOR DAILY:
    I'm sorry, I didn't hear you.
THE CHAIR:
    You now have before you the bill as amended by
Senate Amendment "C", in addition to the other ones.
SENATOR DAILY:
    Thank you very much.  I'll briefly summarize what
we've heard before it was sent to committee.  The
underlying bill establishes standards for compliance
history for DEP to consider when issuing permits.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Substitute for House Bill 5537?  Are
there any further remarks?  If not, Senator Daily,
would you like to make a motion to place this item on
the Consent Calendar?
SENATOR DAILY:
    Yes, Madam President, so moved.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 222, Substitute for House Bill
No. 5537, as amended by House Amendment "B", Senate
"A", "B" and "C", on the Consent Calendar?  Is there
any objection?  Hearing none, it is so ordered.
    Mr. Clerk.
THE CLERK:
    Madam President, I believe that the completes the
previously marked items.
THE CHAIR:
    Maybe we ought to do the Consent Calendar.  The
Senate will stand at ease.
    Will the Senate come to order.  Mr. Clerk, will you
make the necessary announcement for a roll call vote
for Consent Calendar No. 1 for today, Thursday, April
28th.
THE CLERK:
    An immediate roll call has been ordered in the
Senate.  Will all Senators please return to the
Chamber.  An immediate roll call has been ordered in
the Senate on the Consent Calendar.  Will all Senators
please return to the Chamber.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The issue before
the Chamber is Consent Calendar No. 1.  Would you
please read the items that have been placed on the
Consent Calendar.
THE CLERK:
    Beginning on Calendar Page 1, Calendar No. 59,
Senate Bill No. 311.
    Calendar Page 2, Calendar No. 236, Substitute for
Senate Bill No. 350.
    Calendar Page 3, Calendar No. 246, Substitute for
House Bill 5496.  Calendar 278, Substitute for House
Bill 5101.
    Calendar Page 4, Calendar 288, Substitute for House
Bill 5139.  Calendar 293, Substitute for House Bill
5066.  Calendar 300, Substitute for House Bill 5717.
Calendar 311, Substitute for Senate Bill 362.
    Calendar Page 9, Calendar No. 364, Substitute for
House Bill 5386.
    Calendar Page 11, Calendar 388, Substitute for
House Bill 5538.  Calendar Page 18, Calendar No. 185,
Substitute for Senate Bill 239.  Calendar Page 19,
Calendar No. 213, Substitute for Senate Bill 282.
    Calendar Page 20, Calendar No. 222, Substitute for
House Bill 5537.
    Calendar Page 21, Calendar No. 235, Senate Bill No.
414.  Calendar 238, Substitute for Senate Bill No. 369.
Calendar 253, Substitute for Senate Bill 363.  Calendar
254, Substitute for Senate Bill 364.
    Calendar Page 22, Calendar No. 258, Substitute for
Senate Bill 333.
    Calendar Page 24, Calendar No. 346, Substitute for
Senate Bill 93.
    Madam President, that completes the Consent
Calendar.
THE CHAIR:
    Thank you very much, Mr. Clerk.  You've heard the
items that have been placed on Consent Calendar No. 1.
The machine is on.  You may record your vote.
    Is Senator Fleming here?  Have all Senators voted
and are your votes properly recorded?  Have all
Senators voted and are your votes properly recorded?
The machine is closed.
    The result of the vote:
    33     Yea
     0     Nay
     3     Absent
    The Consent Calendar is adopted.
    Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I move suspension of
the rules to transmit all business necessary to be
transmitted to the House.
THE CHAIR:
    You have before you a motion by Senator DiBella for
the immediate transmittal of all items take up here
today that need action by the House for the immediate
transmittal of those items to the House.  Is there any
objection to the immediate transmittal of items to the
House for their action?  Any objection?  Hearing none,
so ordered.  Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  For a Go List.  On
Page 8, Calendar Item No. 343 and on Page 23, Calendar
Item 306.
THE CHAIR:
    What was the first one?  Could you tell me?
SENATOR DIBELLA:
    On Page 8, Calendar Item 343.  On Page 23, Calendar
Item 306.
THE CHAIR:
    Thank you very much, Senator.
THE CLERK:
    Returning to Calendar Page 8, Calendar No. 343,
File No. 532, Substitute for Senate Bill No. 49, AN ACT
ESTABLISHING A CONNECTICUT FARMERS' MARKET/WOMEN,
INFANTS AND CHILDREN NUTRITION AND SENIOR NUTRITION
PROGRAMS.
    Favorable Report of the Committee on
Appropriations.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Daily.
SENATOR DAILY:
    Thank you, Madam President.  I move adoption of the
bill in concurrence with the Joint Committee's
Favorable Report.
THE CHAIR:
    And passage of the bill?  Would you care to remark
further?
SENATOR DAILY:
    Thank you, ma'am.  This codifies for the Department
of Agriculture a program that's already in place, a
program that's reimbursed with partial federal dollars.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 343?  Are there any further
remarks?  If not, Senator, would you like to make a
motion to place this item on the Consent Calendar?
SENATOR DAILY:
    So moved, thank you, Madam President.
THE CHAIR:
    Is there any objection to placing Senate Calendar
343, Substitute for Senate Bill 49, on the Consent
Calendar?  Is there any objection?  Hearing none, so
ordered.  Mr. Clerk.
THE CLERK:
    Calendar Page 23, Calendar No. 306, Substitute for
House Bill 5754, AN ACT CONCERNING THE CONNECTICUT
LIMITED LIABILITY COMPANY ACT.
    Favorable Report of the Committee on Finance,
Revenue and Bonding.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much.  I think someone has gone to
get Senator Jepsen.  The Senate will stand at ease
until he comes.  Here he is.  Thank you.
SENATOR JEPSEN:
    My apologies.  I thought I was last on the list,
not first on the list.
THE CHAIR:
    I think it is last.
SENATOR JEPSEN:
    It is last.  Oh, first, those who will be first
shall later be last.
THE CHAIR:
    The meek will inherit the earth, yes.
SENATOR JEPSEN:
    That's right too.  I move acceptance of the Joint
Committee's Favorable Report and adoption of the bill.
THE CHAIR:
    Thank you very much.  Mr. Clerk.
SENATOR JEPSEN:
    In concurrence with the House.
THE CLERK:
    LCO5315, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Jepsen of the
27th District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    Briefly speaking, the underlying bill makes a large
number of technical and cleanup corrections to the
existing Limited Liability Company Act that we passed
last year and the amendment makes a number -- several
more technical and cleanup type corrections to that
act.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 5315?  Are
there any further remarks?  If not then, please let me
know your mind.  All those in favor of Senate Amendment
"A", LCO No. 5315, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk, do you have any further amendments?
THE CLERK:
    LCO4707, which will be designated Senate Amendment
Schedule "B".  It's offered by Senator Jepsen of the
27th District.
THE CHAIR:
    The Chair would recognize Senator Jepsen.
SENATOR JEPSEN:
    Could I just ask for a moment of recess please.
THE CHAIR:
    Yes, stand at ease.
SENATOR JEPSEN:
    To check if I called the wrong amendment.  If I
might inquire from the Clerk, what was the amendment
where he just said the LCO on that?
THE CHAIR:
    4707.
SENATOR JEPSEN:
    I'd have to move to reconsider that amendment.
That was an incorrect amendment.
THE CHAIR:
    Well, wait a minute.
SENATOR JEPSEN:
    I'm sorry.
THE CLERK:
    Madam President, just for clarification, LCO5315,
which was designated Senate Amendment Schedule "A" and
adopted was the last amendment that was filed at the
Clerk's office this afternoon.
SENATOR JEPSEN:
    That's a correct amendment.
THE CLERK:
    And LCO4707, which has been designated Senate
Amendment Schedule "B" was filed on April 26th.
SENATOR JEPSEN:
    I'd like to withdraw that amendment and is there an
LCO No. 4313?
THE CLERK:
    Madam President, I only have two amendments.
SENATOR JEPSEN:
    May I ask the indulgence of the Senate for a
minute?
THE CHAIR:
    That's all right, take your time.
SENATOR JEPSEN:
    I think we're fine now.
THE CHAIR:
    So that all you want to have acted on is 5315, "A"?
SENATOR JEPSEN:
    Correct, and I'd like to comment on the bill
overall, which is that it contains a number of
technical changes in the limited liability company
statute and the most important of which is --.
THE CHAIR:
    Just a second, Senator.  I'm sorry.  (Gavel) Would
the Senate please come to order.  And if you're going
to engage in conversations, would you please take them
outside?  We're having a hard time following amendments
here and we can't hear the numbers.  I can't, nor can
the Clerk.  Thank you.
    Senator, let's just go through where we are here.
SENATOR JEPSEN:
    I believe I was right the second time.  The
amendment that was called and acted upon was, through
my mistake, the incorrect amendment.
THE CHAIR:
    5315?
SENATOR JEPSEN:
    Yes, and I would like to, if it's appropriate, move
reconsideration of that amendment.
THE CHAIR:
    Thank you very much.  Is there any objection to the
motion to reconsider?  Is there any objection?  Hearing
none then, we will reconsider.  Would you like to move
to reject it?
SENATOR JEPSEN:
    I would so move.
THE CHAIR:
    Thank you very much.  Would anyone like to comment
on the motion to reject LCO5315?  Are there any
remarks?  If not then, let me know your mind.  All
those in favor of the motion to reject 5315, signify by
saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    That amendment is then rejected.
    Alrighty, now, do you have an amendment that you
would like to call, perhaps call?
SENATOR JEPSEN:
    There's an LCO No. 4313.
THE CHAIR:
    And the Clerk claims he hasn't got that.  Hang on a
second, everybody.  Mr. Clerk.
THE CLERK:
    I found it.  LCO4313, which will be designated
Senate Amendment Schedule "C", offered by Senator
Jepsen of the 27th District.
THE CHAIR:
    Senator Jepsen.
SENATOR JEPSEN:
    I move adoption and request permission to
summarize.
THE CHAIR:
    Please proceed, Senator, I'm sorry.
SENATOR JEPSEN:
    Thank you, Madam President.  Once again, my
apologies.
THE CHAIR:
    Would you please come to order, so we can hear, and
I will ask you please to take your conversations out of
here, members of the Circle and others.  If you're not
going to talk, then fine, stay here so we can listen to
Senator Jepsen.  Go ahead.
SENATOR JEPSEN:
    Thank you, and again, my apologies.  This has a
number of technical corrections.  For example, it makes
it clear that by a majority on an LLC, it refers to
more than one half once the moving party has -- not
including the moving party.  It creates agencies for
designation of service of process with foreign
companies and a number of other rather technical
matters such as that.
    I move adoption.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "C", LCO No. 4313?  Are
there any further remarks?  If not then, please let me
know your mind.  All those in favor of Senate Amendment
"C", LCO No. 4313, please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    I hate to ask this, but Mr. Clerk, do you have any
other amendments?
THE CLERK:
    Not that I can find, Madam President.
LAUGHTER
THE CHAIR:
    On this bill?  Great.  Good.  Okay.  We think we've
gathered them all up and disposed of them all.  So,
Senator Jepsen, you now have before you Substitute for
House Bill No. 5754, as amended by Senate Amendment
"C".
SENATOR JEPSEN:
    Thank you, Madam President.  As I mentioned, this
contains a number of technical and semi-technical
changes in the LLC statute.  The most important single
change is that it clarifies the process by which a
partnership can convert into an LLC.  This is, for
those familiar with this area of the law, many
partnerships wish to convert into LLCs for the
liability protections that exist there and there is
some confusion in the process.  This corrects that.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 306, Substitute for House
Bill 5754, as amended?  Are there any further remarks?
If not, Senator Jepsen, would you like to make a motion
to place it on the Consent Calendar?
SENATOR JEPSEN:
    I would so move.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar 306, Substitute for House Bill
5754, as amended by Senate Amendment "C", on the
Consent Calendar?  Is there any objection?  Hearing
none, so ordered.
    That completes Go List No. 2.  Is that correct?
Senator Mustone.
SENATOR MUSTONE:
    Madam President, could we please stand at ease for
just a few moments, awaiting a few amendments.
THE CHAIR:
    Thank you very much, Senator.  Yes, we will stand
at ease.
    The Senate will please come to order and, Madam
Clerk, do you have any business on your desk?
THE CLERK:
    Madam President, the Clerk is in possession of
Senate Agenda #3, dated Thursday, April 28, 1994.
THE CHAIR:
    Thank you.  Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I move acceptance of
Senate Agenda #3, dated Thursday, April 28, 1994.
THE CHAIR:
    Thank you very much.  You have a motion before you
from Senator DiBella regarding Agenda #3 for today,
Thursday, April 28th.  Is there any objection to this
motion?  Any objection?  Hearing none, so ordered.
                   SENATE AGENDA #3
1.  BUSINESS FROM THE HOUSE:
(a) HOUSE BILL(S) FAVORABLY REPORTED - to be tabled for
    the Calendar.
    Appropriations
    Substitute HB5553, AN ACT ESTABLISHING A
    CONNECTICUT FILM, VIDEO AND MEDIA OFFICE.
         4/27 House Passed with House "A"
    Finance, Revenue and Bonding
    Substitute HB5109, AN ACT CONCERNING POTABLE
    DRINKING WATER, STREAMLINING THE PROCESS FOR
    VOLUNTARY HAZARDOUS WASTE SITE REMEDIATION AND THE
    ESTABLISHMENT OF ENVIRONMENT USE RESTRICTIONS.
         4/27 House Passed with House "A"
    Finance, Revenue and Bonding
    Substitute HB5611, AN ACT CONCERNING ALTERNATIVE
    SANCTIONS AND THE JUDICIAL DATA PROCESSING
    REVOLVING FUND.
         4/27 House Passed with House "A"
    Education
    Substitute HB5124, AN ACT CONCERNING AGRICULTURAL
    TECHNOLOGY.
         4/27 House Passed with House "A" and "B"
    Finance, Revenue and Bonding
    Substitute HB5687, AN ACT CONCERNING THE DISCLOSURE
    OF PERSONAL INFORMATION BY THE DEPARTMENT OF MOTOR
    VEHICLES.
         4/27 House Passed with House "A", "B", and
              "C"
    Planning and Development
    Substitute HB5169, AN ACT LIMITING HOSPITAL CLAIM
    LITIGATION IN THE GENERAL ASSISTANCE PROGRAM.
         4/27 House Passed
    Appropriations
    Substitute HB5723, AN ACT CONCERNING CHANGES TO
    CERTAIN DEPARTMENT OF PUBLIC HEALTH AND ADDICTION
    SERVICES STATUTES.
         4/27 House Passed with House "A"
    Labor and Public Employees
    Substitute HB5677, AN ACT CONCERNING THE NATIONAL
    SERVICE PROGRAM.
         4/27 House Passed
    Planning and Development
    Substitute HB5861, AN ACT CONCERNING INTIMIDATION
    BASED ON BIGOTRY OR BIAS, amended by House
    Amendment Schedule "A", "B", "C" and "D"
          4/27 House Passed with House "A", "B", "C",
               and "D"
    Environment
    Substitute HB5293, AN ACT CONCERNING THE INNOCENT
    LANDOWNER DEFENSE IN POLLUTION CASES.
         4/27 House Passed with House "A"
    Government Administration and Elections
    Substitute HB5719, AN ACT CONCERNING DENTAL
    HYGIENISTS.
         4/27 House Passed with House "A"
    Judiciary
    Substitute HB5694, AN ACT CONCERNING WEST ROCK
    RIDGE STATE PARK.
         4/27 House Passed with House "A"
    Appropriations
    Substitute HB5497, AN ACT CONCERNING GRANTS FOR
    CONGREGATE HOUSING FOR THE ELDERLY.
         4/27 House Passed with House "A"
    Planning and Development
    Substitute HB5690, AN ACT CONCERNING RURAL
    ECONOMIC DEVELOPMENT.
         4/27 House Passed with House "A"
    Planning and Development
    HB5069, AN ACT CONCERNING JUSTICES OF THE PEACE.
         4/27 House Passed with House "A"
                 END SENATE AGENDA #3
THE CHAIR:
    Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  For a new Calendar.
    On Page 23, Calendar No. 317 is a Go.
    And on Page 9, Calendar Item No. 365 is a Go.
    On Page 20, Calendar Item No. 229 is a Go.
THE CLERK:
    What page?
SENATOR DIBELLA:
    On Page 20.
THE CHAIR:
    20 is 229?
SENATOR DIBELLA:
    229, Madam President.
THE CHAIR:
    Thank you.  Does that complete the list for the
time being?
THE CLERK:
    Calendar Page 23, Calendar No. 317, File No. 503,
Substitute for Senate Bill 385, AN ACT ESTABLISHING A
RACKETEERING AND CONTINUING CRIMINAL ACTIVITIES UNIT
AND A BOND FORFEITURE UNIT WITHIN THE DIVISION OF
CRIMINAL JUSTICE, AND PROVIDING FUNDS FOR THE WITNESS
PROTECTION PROGRAM.
    Favorable Report of the Committee on Finance,
Revenue and Bonding.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The Chair would
recognize Senator Harper.
SENATOR HARPER:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and passage of
the bill.
THE CHAIR:
    Thank you very much, Senator.  Do you wish to
remark further?
SENATOR HARPER:
    Yes, the bill establishes a Racketeering and
Continuing Criminal Activities Unit and a Bond
Forfeiture Unit within the Division of Criminal
Justice.  Such a unit would investigate and prosecute
gangs, drug and gambling crimes and various other
activities.  The Bond Forfeiture Unit would collect
forfeited bonds and investigate and apprehend
individuals who fail to appear.
    The bill allocates one-third of all bond
forfeitures to the Division of Criminal Justice and
sets aside $100,000 in fiscal year 1995-96 and
thereafter for the Witness Protection Program.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 317?  Are there any further
remarks on Senate Calendar 317?  If not, Senator
Harper, would you like to make a motion to place this
item on the Consent Calendar?
SENATOR HARPER:
    Yes, so moved, Madam President.
THE CHAIR:
    Thank you very much, Senator.  Would anyone object
if Senate Calendar 317, Substitute for Senate Bill No.
385 were placed on the Consent Calendar?  Is there any
objection?  Any objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 9, Calendar No. 365, File No. 416 and
556, Substitute for House Bill 5475, AN ACT CONCERNING
PIRATED VIDEOS, as amended by House Amendment Schedules
"A" and "B".
    Favorable Report of the Committee on Judiciary.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Jepsen.
SENATOR JEPSEN:
    Thank you, Madam President.  I move acceptance of
the Joint Committee's Favorable Report and adoption of
the bill.
THE CHAIR:
    In accordance with the action of the House?
SENATOR JEPSEN:
    I think so.  Yes, you're right.
THE CHAIR:
    Mr. Clerk.
THE CLERK:
    LCO5202, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Jepsen of the
27th District.
THE CHAIR:
    The Chair would recognize Senator Jepsen.
SENATOR JEPSEN:
    Yes, I move adoption of the amendment and request
permission to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR JEPSEN:
    This bill protects individuals who may, through
various activities, acquire for personal use tape
recorders or other cassettes for images of any kind
that otherwise would be illegal under this act if they
were put into the stream of commerce, but makes clear
that when it's there simply for personal use, it would
not be affected by this act.
    Say, for example, somebody was a "Dead head" and
had a bunch of tapes of their different concerts and
wanted to sit back and listen to them, they could
without fear of prosecution from the State of
Connecticut.
THE CHAIR:
    Thank you very much, Senator Jepsen.  Would anyone
else wish to remark on Senate Amendment "A"?  Senator
Gunther.
SENATOR GUNTHER:
    Through you, Madam -- I always want to call you
Chairman -- President.  This, in other words, relates
to the sale of various disks and that type of things,
videos, not so much the possession.  In other words, if
I own a dozen different labels and that sort of thing,
this is not in violation of this particular law or your
amendment?
SENATOR JEPSEN:
    That is correct.
SENATOR GUNTHER:
    So that possession is okay, but if you had 100 of
them and you're out hustling them and that, you could
get yourself in a bit of trouble.
SENATOR JEPSEN:
    A whole peck of trouble.
SENATOR GUNTHER:
    All right, for the record.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 5202?  If not,
please let me know your mind.  All those in favor of
Senate Amendment "A", LCO No. 5202, please signify by
saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Mr. Clerk, do you have any other amendments?
THE CLERK:
    No further amendments, Madam President.
THE CHAIR:
    Senator Jepsen, you have before you Substitute for
House Bill 5475, as amended by Senate Amendment "A".
SENATOR JEPSEN:
    I think that the bill has been discussed in the
process of adopting the amendment and I have no further
comment except to hope for its support.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Calendar 355?  Are there any further
remarks?  Any further remarks?  If not, Senator, would
you like to make a motion to place this on the Consent
Calendar?
SENATOR JEPSEN:
    So moved.
THE CHAIR:
    Is there any objection to placing Senate Calendar
355, Substitute for House Bill No. 5475, as amended by
Senate Amendment "A", on the Consent Calendar?  Is
there any objection?  Hearing none, so ordered.
THE CLERK:
    Calendar Page 20, Calendar No. 229, File No. 293,
Substitute for Senate Bill 264, AN ACT CONCERNING
MUNICIPAL ENFORCEMENT OF SOLID WASTE DISPOSAL LAWS.
    Favorable Report of the Committee on Planning and
Development.
    The Clerk is in possession of two amendments.
THE CHAIR:
    Thank you very much, Mr. Clerk.  Is somebody going
to bring this bill out?  Senator Daily.  Is Senator
Daily here?  Thank you.
SENATOR DAILY:
    Thank you, Madam President.  I'm sorry that I was
out of the Chamber when that was called.  I'd like to
move passage of the bill.
THE CHAIR:
    Acceptance of the Joint Committee's Favorable
Report and passage of the bill?
SENATOR DAILY:
    Thank you.
THE CHAIR:
    Thank you very much.  Mr. Clerk.
THE CLERK:
    LCO2590, which will be designated Senate Amendment
Schedule "A".  It's offered by Senator Daily of the
33rd District.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Daily.
SENATOR DAILY:
    I would like to move acceptance of the amendment
and seek permission to summarize.
THE CHAIR:
    Please proceed, Senator.
SENATOR DAILY:
    Thank you, Madam President.  The amendment adds to
the underlying bill the Program Review and
Investigation's recommendation that each municipality
or member of a resource recovery organization be
allowed to request an audit.
THE CHAIR:
    Thank you very much.  Would anybody else wish to
remark on Senate Amendment "A", LCO No. 2590?  Are
there any further remarks?  Any further remarks?  If
not then, please let me know your mind.  All those in
favor of LCO No. 2590, designated by the Senate Clerk
as Senate Amendment "A", please signify by saying aye.
SENATORS:
    Aye.
THE CHAIR:
    Those opposed.
    The ayes have it.
    The amendment is adopted.
    Thank you, Madam Clerk.
THE CLERK:
    Senate Amendment Schedule "B", LCO4287, offered by
Senator Peters.
THE CHAIR:
    Thank you very much.  The Chair would recognize
Senator Peters.
SENATOR DAILY:
    I think Senator Peters would like to ask that that
be withdrawn.
THE CHAIR:
    Thank you very much.  We'll withdraw.  Are there
any further amendments?
SENATOR DAILY:
    There are no further amendments.
THE CHAIR:
    Thank you very much, Senator Daily.  You have
before Substitute for Senate Bill, as amended by Senate
Amendment "A".
SENATOR DAILY:
    Thank you very much, Madam President.  I would seek
leave to summarize 264.
THE CHAIR:
    Yes, please proceed.
SENATOR DAILY:
    This changes some of the penalties that resource
recovery authorities, for violations of municipal and
state laws in regard to solid waste.  It makes civil
penalties of things that had been other infractions and
makes the process simpler.
THE CHAIR:
    Thank you very much, Senator.  Would anybody else
wish to remark on Substitute for Senate Bill 264, as
amended?  Are there any further remarks?  Any further
remarks?  If not then, Senator Daily, would you like to
make a motion to put this item on the Consent Calendar?
SENATOR DAILY:
    So moved, Madam President.
THE CHAIR:
    Thank you very much.  Is there any objection to
placing Senate Calendar No. 229, Substitute for Senate
Bill 264, as amended by Senate Amendment "A", on the
Consent Calendar?  Is there any objection?  Senator
Kissel.  So ordered.  Now, Senator Kissel.
SENATOR KISSEL:
    A Point of Personal Privilege, Madam President.  In
anticipation of a rousing debate on the gun bill, which
I daresay will be left for another day, my wife has
joined us and is sitting in the balcony before me and I
would ask that we give her a warm welcome in the
traditional and if we could all rise and welcome my
wife, Cynthia.
APPLAUSE
    Thank you, Madam President.
THE CHAIR:
    Thank you very much, Senator Kissel.  The Senate
will stand at ease.
    The Senate will come to order, and Mr. Clerk, will
you please make the necessary announcement for a vote
on the Consent Calendar.
THE CLERK:
    An immediate roll call has been ordered in the
Senate.  Will all Senators please return to the
Chamber.  An immediate roll call has been ordered in
the Senate.  Will all Senators please return to the
Chamber.
THE CHAIR:
    Thank you very much, Mr. Clerk.  The issue before
the Chamber is Consent Calendar No. 2 for today,
Thursday, April 28th.  Would you please read the items
that have been placed on Consent?
THE CLERK:
    Beginning on Calendar Page 8, Calendar No. 343,
Substitute for Senate Bill No. 49.
    Calendar Page 9, Calendar No. 365, Substitute for
House Bill 5475.
    Calendar Page 20, Calendar No. 229, Substitute for
Senate Bill No. 264.
    Calendar Page 23, Calendar No. 306, Substitute for
House Bill 5754.  Calendar 317, Substitute for Senate
Bill 385.
    Madam President, that completes the Second Consent
Calendar.
THE CHAIR:
    Thank you very much, Mr. Clerk.  You've heard the
items placed on Consent Calendar No. 2.  The machine is
on.  You may record your vote.
    Senator Larson.  Senator Larson.  Have all Senators
voted and are your votes properly recorded?  Have all
Senators voted and are your votes properly recorded?
The machine is closed.
    The result of the vote:
    33     Yea
     0     Nay
     3     Absent
    Consent Calendar No. 2 is adopted.
    Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  That's about all we've
got to do today.  I apologize to the Republicans for
being slow today, but it was one of those days when
nothing went right.
LAUGHTER
    I have been in the minority and know what it is to
sit around and the last time I did that I think was in
the army, wait around and wait and sit around and wait,
but we have ceased -- we have done everything we can do
today and I guess what we've talked about is 12:00
noon caucus and 1:00 session on Monday.
THE CHAIR:
    Thank you very much.  Are there any announcements?
Senator Eads.
SENATOR EADS:
    Thank you, Madam President, and thank you, Senator
DiBella.  I accept your apology.  I know it's unfair
and I know your word is as good as your bond, so all
those good things go with it.  We might be a little bit
frustrated, but I think we're all going home happy
right now.
    There will be a Republican Caucus at 11:00 on
Monday.  Have a very nice weekend and catch up on your
sleep.
THE CHAIR:
    Any other announcements?  Any other announcements?
Senator DiBella.
SENATOR DIBELLA:
    There will be an immediate Democratic Senate Caucus
after the session is ended.
THE CHAIR:
    Thank you very much.  Are there any other
announcements?  If not, there's a motion to adjourn
subject to the Call of the Chair.  Senator DiBella.
SENATOR DIBELLA:
    Thank you, Madam President.  I move we adjourn
subject to the Call of the Chair.
THE CHAIR:
    Thank you very much.  The Senate stands adjourned
subject to the Call of the Chair.
    On motion of Senator DiBella of the 1st, the Senate
at 9:54 p.m. adjourned subject to the Call of the
Chair.