AMERICAN ASSOCIATION of UNIVERSITY PROFESSORS The CONNECTICUT STATE UNIVERSITY CHAPTER 2010 Legislative Report Betty Gallo & Co. May, 2010 Betty Gallo Joe Grabarz Kate Robinson Mike Johnson TABLE OF CONTENTS I. Introduction …………………………….page 3 II. Budget …….……………………………..page 4 A. Deficit Mitigation……………………..page 4 1. Governor’s Novenber 24th Plan 2. Legislature’s December Deficit Mitigation Plan 3. Governor’s March 1st Deficit Mitigation Plan 4. Democrat’s March 26th Deficit Mitigation Plan 5. Governor’s April 1st Deficit Mitigation Plan 6. Deficit mitigation Plan That Passed B. The 2011 Budget……………………...page 14 C. Revenue...……………………………..page 20 D. Bonding...……………………………..page 24 III. Resolutions..……………………………..page 27 IV. Bills………..……………………………..page 30 A. Labor and Jobs………………………page 30 B. Higher Education…………………….page 50 C. Secondary Education Reform……….page 79 2 I. Introduction The impending elections and a retiring Governor combined with the overall fiscal malaise made this session unique. Despite being a “Short Session” we were busy on all fronts. We reminded legislators of their commitment to increase faculty and the hardship represented by the lack of professors in many areas. We worked with other SEBAC lobbyist and labor to remind legislators of the significant help that CSU-AAUP members and other State employees already made. With other groups interested in fiscal reform and tax fairness we argued for a more rational funding of State government. Where necessary we argued for the unique position of higher education within the budget process and advocated for the proposals that would help CSU and AAUP meet the needs of students and the State. The staff of CSUAAUP was extraordinary in their efforts to help us advocate for the interests of CSU-AAUP. As always, the members of the faculty, students and staff of CSUS who testified and met with legislators were significant in advancing our causes and we were happy to help facilitate. Whenever CSU-AAUP interests coincided we worked to share information and support the efforts of the CSUS Administration in preserving CSUS resources, programs and capital projects from reductions. We work extensively with the liaisons of the Department of Higher Education and other systems and the other higher education union lobbyists. This legislative session saw a new Senate Chair of the Higher Education Committee due to the replacement of Senator Hartley with Senator Handley and next year will as well since Senator Handley is retiring. Legislative frustration with Higher Education administration increased this year and will most certainly reappear in the coming session. Labor came together to help the State with the current fiscal troubles and will be “called to the table” again. In the final analysis, this session resulted in a relatively modest impact on the CSUS budget and building projects. The legislature used “one time” sources of revenue or cuts to help close the budget gap this year that will not be available in future years. It is clear that in 2011 CSUS will continue to be impacted by the budget situation and that AAUP will need to be vigilant. The volatile political atmosphere in Connecticut combined with a new Governor and other constitutional officers and many new legislators will contribute to the challenge of coming sessions. 3 II. Budget This session was to a great extent about the budget. Discussions about deficit mitigation plans were a major focus. A deficit mitigation plan was adopted by the legislature and signed by the Governor in April. The general consensus was that Democrats were not going to adopt revisions to the 2011 budget passed in August. Even the Appropriations Chairs stated in meetings there was “no appetite” for doing any 2011 budget revisions. That decision changed with passage of the deficit mitigation plan and the talks with the Governor that followed. The Governor reached an agreement on a deficit mitigation plan and the budget revisions for FY11 partly to enable her judicial appointments to be approved. The Democrats did not want to be forced back into session over the summer or fall to deal with a budget deficit in an election year. Because of these factors a FY11 budget came together very quickly at the end of the session and passed with virtually minutes left to go in the session. . The final budget, the only one to pass, cut $632,242 in general funds and $8 million in reserve funds from CSUS. A. Deficit Mitigation (All deficit mitigation plans attempted to close the deficit for FY10, the current fiscal year) The Governor submitted a deficit mitigation plan (DMP) on November 24th, 2009. This was the beginning of a long struggle to adopt a mitigation plan; a struggle which did not get resolved until the end of April. The House and Senate went into session in December and adopted a mitigation plan in two pieces: the mitigation plan, SB2101, and the repeal of the cut in the estate and gift taxes, HB 7101. The Governor vetoed both bills. The Governor released a new DMP in March but on March 26th the Senate made a second attempt at a DMP and adopted SB 492. When the Governor threatened to veto it, the House declined to take it up. Finally, on April 10th the House and Senate passed a mitigation package, HB5545, which the Governor signed. 1. The Governor’s November 24th Mitigation Plan This plan included the largest number of cuts of any mitigation plan proposed (including the plan the Governor introduced in March). This plan included over $16 million in cuts she indicated she could make within her gubernatorial authority. All of the Governor ‘s mitigation plans included a number of cuts that she claimed she could make within the authority of her office. It was unclear under what authority she was making some of the cuts. 4 The OPM Secretary indicated at several hearings that unless the expenditure was an entitlement or there was specific legislative language requiring the expenditure, the Governor could cut the expenditure. The legislature did not challenge her authority to make such cuts and the cuts the Governor proposed in her November DMP that she claimed to make under her own authority included: Mid year student adjustment to CAPCS - $1,170,693 Mid year student adjustment to CICSG - $422,852 Department of Higher Education recissions in various line items Suspend intake of voluntary services at DDS- $2.5 million (DMP (the deficit mitigation plan that passed), instead reduced the funding in this line item by $1,696,390 to reflect caseload decreases) Reduce autism pilot-$75,000 Delay young adults services placements for 185 referrals for 2 weeks- $261,538 (DMP included a savings of $174,000 and indicated this was a cut under the Governor’s Unilateral Authority) Reduce mental health grants- $250,000 (DMP included this cut and indicated this was a cut under the Governor’s Unilateral Authority) Eliminate coverage of non-formulary drugs under Medicare Part D$4.3 million Eliminate vision and non-emergency transportation under SAGA -$550,000 (DMP included this cut and indicated this was a cut under the Governor’s Unilateral Authority) Suspend payments to FQHCs and hospitals’ for services for undocumented pregnant women-$2 million. It also included cuts that required legislative action; these cuts included: (The cuts that were actually adopted in whole or part, in the DMP that was finally adopted are in bold.) Reduce culture and tourism line item grants by 25%- $3,064,845 final DMP cut these grants by 5% Postpone juvenile jurisdiction change-$10,885,770 Suspend Funding for Home CT-$2,380,000 (the final DMP left $1 million in this program.) Reduce AIDS Funding by 25% 5 Reduce the Needle exchange program by 25%-$113,768 Reduce School Based Health Centers Account by 25%-$2,610,162 Delay HIV Waiver- (DMP-delayed waiver) Reduce Services for Children with AIDS by 25%-$61,257 (The total amount for this program was eliminated in the ’11 budget.) Align HUSKY B Co-pays with State employee plans $- $70,000 ( DMP cut it) Eliminate Parents Trust Fund $500,000 Suspend Funding for Nurturing Families non-hospital sites$1,759,560 Close intake for T-RAPS-$322,000 Eliminate Coverage for eyeglasses for adults under Medicaid (DMP and budget restricted new eyeglasses to one pair a year) Eliminate coverage of most over the counter drugs-(DMP and Budget) Expand Preferred Drug List to all mental health drugs-$230,000 Eliminate non-emergency dental services for adults Reduce certain Medicaid provider rates $14,430,000 Impose co-pays on Medicaid-$1 million Reduce DSS non-entitlement grant amounts by 25%-$13,860,069 Freeze intake to SAGA-$5.2 million Eliminate payment for SSI Attorney-$50,000 in ’10 / $200,000 in ’11- (DMP required the State to pay for cases that had already been accepted by attorneys. $200,000 reduction in ’11) Eliminate legislative commissions-$356,000 Reduce non-Sheff interdistrict cooperative funding- $3 million-(in DMP) Remove non-Head Start Program, $545,000 Suspend after school programs $4,920,000 Lapse funding for Children of Incarcerated Parents-$902,500 Lapse Funding for Mental health alternative to incarceration Center $1175,000 Postpone funding for supportive housing including debt service, DMHAS and DSS funding-$1,774,000. (This was in the DMP since these funds could not be expended until 2011 anyway.) Lapse $2 million of funding for Operation Fuel (DMP left $1 million in funding for Operation Fuel) 6 Her plan included raids on a number of funds including a 5% cut to the Culture and Tourism Commission grants of $171,000 which included The Discovery Museum’s grant money. Other cuts included: Citizen Election Fund $6 million (DMP took $10 million from the fund in 2011 and the budget reduced that to $5 million) Community Investment Act $4,789,000- * DMP $5 million for ‘10 and the budget transferred $5 million for 2011. Reserve a portion of the court fees for legal services for the poor for domestic violence and juvenile services. This plan also included another round of rescissions (within the Governor’s 5% rescission power) which totaled over $31 million in cuts. This recission also effected The Discovery’s Culture and Tourism grant. 2. Legislature’s December Deficit Mitigation Plan SB 210- AN ACT CONCERNING A DEFICIT MITIGATION PLAN FOR THE FISCAL YEAR ENDING JUNE 30, 2010. December Special Session, Public Act 09-1. Passed. Governor Vetoed 12/28/09. The legislature went into session on December 21st to adopt a deficit mitigation plan. That plan, SB 210, cut appropriations by more than $9 million dollars. This plan contained no extraordinary or significant cuts to Department of Higher Education constituent units. The reduction however, included some of the Governor’s cuts listed above including: a 5% cut in the line item culture and tourism grants-$171,500 that effected The Discovery Museum $380,000 cut to Home CT Increase HUSKY B premiums under band 2-$130,000 $2 million for Operation Fuel $1 million for interdistrict Cooperative Funding Postpone supportive housing funding. The plan included most of the Governor’s fund sweeps. It reduced the Disproportionate Share payments to hospitals by $47 million and increased the Medicaid payments to hospitals to offset that cut in an attempt to capture the federal matching funds for this expenditure. It included the $100 million delayed payment to the employee pension fund. 7 SB 2101 passed the House on a vote of 101-38 with five Democrats voting no because the cuts were not larger: Rep. Heinrich (D-Madison), Rep. Johnston (D-North Groversdale), Rep. Mazurek (D-Wolcott), Rep. Mikutel (D-Griswold) and Rep. Shapiro (D-Stamford). It passed the Senate on a vote of 19-15. The Democratic Senators voting “nay” were Sen. Duff (DNorwalk), Sen.Hartley (D-Waterbury), Sen. Maynard (D-Stonington) and Sen. Slossberg (D-Milford) again, because the cuts were not larger. All the Republicans in both houses voted no for similar reasons. The Governor waited until after Christmas to veto the bill. Ho, ho, ho. HB 7101- AN ACT CONCERNING THE ESTATE AND GIFT TAX. December Special Session, Public Act 09-2. Passed. Governor vetoed 12/28/09. In addition to the deficit mitigation plan, the legislature passed a bill to rescind the cut to the estate and gift tax they had passed during the 2009 special session. Under current law, the following changes in the tax are scheduled to take effect starting with deaths occurring and gifts made on or after January 1, 2010: (1) an increase, from $2 million to $3.5 million, in the minimum value of an estate or gift subject to the estate and gift tax; (2) a reduction of 25% in marginal tax rates on estates and gifts valued at $ 3.5 million or more; and (3) elimination of the so-called “cliff” in the tax. This bill delayed the increase in the tax threshold from $2 million to $3.5 million and the 25% rate reduction for two years. Under this bill, those changes would have taken effect for deaths occurring and gifts made on or after January 1, 2012. The Democrats felt they had an agreement with the Governor that included the sales tax reduction and the reduction in the estate tax. Because there was a deficit of more than 1% the sales tax reduction did not go into effect. The Democrats felt that the estate tax reduction should be repealed. HB 7101, which did just that, passed the House on a vote of 97-39. The Republicans all voted no and the Democrats who voted no were Rep. Drew (D-Fairfield), Rep. Fawcett (D-Fairfield), Rep. Johnston (D-North Groversdale), Rep. Mazurek (D-Wolcott), Rep.Mioli (D-Westport), Rep. O’Connor (D-Clinton) and Rep. Reeves (D-Wilton). The Senate then passed it on a vote of 22-12. The only Democrat voting no was Sen. McDonald (D-Stamford). The Governor vetoed this bill the same day she vetoed SB2101. 3. Governor’s March 1st Deficit Mitigation Package 8 The Governor’s next mitigation package was released on March 1 st. It included fund transfers such as: $12 million from Citizen’s Election Fund; $5 million from the Community Investment Fund. It contained cuts of about $81 million for FY10 and $120 million for ’11. Most of these cuts were already included in her February deficit mitigation plan. Reductions were made to both UCONN and CSUS debt service payments. The reduction for CSUS was $1 million in 2010 and $2 million in 2011 and for UCONN the reductions were $5 million in 2010 and $10 million in 2011. There were also significant reductions proposed for state employees and SEBAC members. She proposed to reduce the 100% worker’s compensation benefit for certain state workers ($10 million), combine Lincoln and Washington’s Birthday ($3.2 million) and reduce municipal aid by $45 million in FY11. She put forward a number of municipal mandate relief proposals to offset this cut. The Governor also included a hospital user fee similar to the Democrats’ December proposal for a savings of $64 million in FY11. The municipal mandate relief proposals included: allowing the posting of public notices on the internet; eliminate municipal requirement to store possessions of evicted tenants; postpone in school suspension requirement; modify the raise the age legislation; provide municipal pension reform; and, require a 2/3 vote on any new unfunded mandates. 4. Democrats’ March 26th Deficit Mitigation Plan We were told that the Senate Democrats would adopt the Governor’s deficit mitigation plan or something similar but that the House would not take it up however at 2pm March 26th the Speaker and President Pro Tempore announced they had reached an agreement on a mitigation package. They decided that the Senate would go in at 6:30 p.m. that night and the House would come in on Saturday to pass it. The Senate had still not gone in at about midnight when the Governor, who was in Colorado, issued a press release announcing she planned to veto the bill no one had yet voted on. At 11:58pm, the Senate went in (they had to go in by midnight since the special session had been called for the 26th) and recessed. They went back in at about 1 a.m. and took up SB353 to use as a vehicle to offer the Governor’s mitigation plan as an amendment. The point was to show how little support her plan had. That amendment (the Governor’s mitigation plan) died on a 9 vote of 8-28. The eight who voted for it (all Republicans) were: Sens. McKinney, Kissel, Boucher, Roraback, Kane, Guglielmo, Fasano and Frantz. This was at about 3 a.m. Then they tabled that bill and took up the emergency certified bill that included the Democrats’ deficit mitigation proposal SB 492. The Republicans offered their mitigation plan as Senate amendment ‘A’ which died on a party line vote. Then SB 492 passed on a vote of 21-15; all the Republicans voted no along with Sen. Harris (D-West Hartford), Sen. Slossberg (D-Milford) and Sen. Hartley (D-Waterbury). This was at 5 a.m. The House never came in on that Saturday and never voted on SB 492 allowing it to die. SB 492 would have made a number of human services cuts including: CSUS debt service payment - $1 million in 2010 CSUS debt service payment - $2 million in 2011 UCONN debt service payment - $5 million in 2010 UCONN debt service payment - $10 million in 2011 Mental Health Services for Young Adults- $2,561,250 Supportive housing- debt service of $1 million; services of $510,000 and $264,000 for RAPS were delayed until 2011 since the projects will not be up before 2011) Husky Outreach was suspended-$176,613 Align HUSKY B co-pays with state employees-$40,000 (’10) and $250,000 (’11) Suspend Coverage of most over the counter drugs for Medicaid$550,000 (’10) $3,300,000 (’11) –except for insulin or insulin syringes Suspend Attorney fees for Getting SAGA clients on SSI- $50,000 (’10) and $200,000 (’11) Suspend Elderly Housing Support Grant- $200,000 each year Restructured Safe Harbor Respite-$95,000 in’11 Reduced subsidies for Charter Oak-$300,000 in ‘10 Reduced the funds for Home CT down to $1 million-cutting $777, 602 Suspended Elderly Housing Support Grant- $200,000 each year Cut $5 million out of the Community Investment Act Transferred to the general fund from constituent units’ reserve accounts-UConn- $3 Million in ’10 and $5 Million in ’11; CSU-$3 million was transferred in ‘10 and $5million in’11 10 The new revenue in the bill included: The repeal of last year’s reduction in the estate tax-$5,900,00 in’10 and $70,300,00 in ‘11 The hospital fee. This is in order to get matching federal DSH funds. There is an offsetting increase in rates but some hospitals lose money and some gain under this plan-$94,295,000 Some increases DMV fines and reduced the hunting and Fishing fees that were increased in last year’s budget- the net revenue increase is $167,000 in ‘11 Few other interesting provisions of the bill were: (The provisions in bold passed either in the final DMP or the FY11 budget) It required insurance policy to cover services covered in school based health centers. –In budget. They increased some of the fines for certain motor vehicle and other violations and repealed the hunting and fishing fee increases from last session.-In final DMP and ’11 budget. The bill also adopted savings for the medical necessity definition change-$800,000 (’10) $1,800,000 (“11) but adopted the changed definition approved by the Medical Necessity Committee, ably cochaired by Alicia Woodsby of NAMI. The final version of the bill also preserved the Medical Necessity Committee to monitor the implementation of that change.- savings included in final DMP plan and ’11 Budget It also included savings from moving the SAGA population into Medicaid under the new National Health Care bill-$10, 600,000 (’10) and $38,500,000 (‘11) was included in the final DMP and the ’11 budget. They also moved all of the funds left in the rainy day fund to FY’10-$262,747,172. Also in final DMP The bill included a study of the future of Riverview HospitalDMP Required the Medicaid providers to charge the state the lowest rate they give to any other provider It suspended all longevity pay for non-union employees and requires them to take an additional furlough day in ’10 and ’11 Eliminated all deputy commissioners 11 Transferred funds from a variety of accounts including $6 million from the Citizen Election Fund and $5 million from the Tobacco Fund. Required DSS to amend the State Medicaid plan to cover tuberculosis for everyone eligible under federal law.-In DMP 5. Governor’s April 1st Deficit Mitigation Plan The Governor then offered another mitigation plan on April 1st. It included cuts from the Democrats’ March 26th DMP; things that appeared in both the Governor’s budget and the Appropriations Budget (just suggesting that these provisions be implemented in ’10 instead of waiting until ’11); some cuts from her 3/1 deficit mitigation package and $12 million of additional cuts. She included almost $70 million in fund sweeps. This proposal included $100 million from deferred payment to the state employee retirement system; the federal stimulus clawback change of $44 million for ’10 and $34 million for ’11. The Governor’s new plan adopted a lot of the revisions to her earlier DMPs that were in SB 492. She did not include the more controversial pieces of SB 492 such as the elimination of deputy commissioners, elimination of longevity pay for non-union state employees, hospital fee (though it was in her March 1st DMP). This set the stage for a final compromise DMP. 6. The Deficit Mitigation Proposal That Passed. HB5545- AN ACT CONCERNING DEFICIT MITIGATION FOR THE FISCAL YEAR ENDING JUNE 30, 2010. Passed P.A. 10-3. Signed by the Governor on April 14th. This is the DMP that was passed and signed by the Governor. In the end, the Democrats accepted many of the Governor’s proposed cuts from her April 1 DMP. This plan included the fiscal year 2010 recissions already made and the SEBAC negotiated proposed savings. While there were significant cuts, this plan prevented cuts that the Governor had included in most of her proposals such as adult dental and co-pays for Medicaid. There were areas where cuts were made to programs that were proposed by the Governor but this plan reduced the level of those cuts. This bill includes provisions that: CSUS overall reduction of $632,242 including a $50,000 absorbtion of the Bridges Program. 12 CSUS debt cervice payment reduction of $1 million in 2010 and $2 million in 2011 as in previous proposals Reduce culture and tourism line item grants by 5%- $570,781 Reduced Funding for Home CT-left $1 million in this program. Delay HIV Waiver Eliminated Services for Children with AIDS DMHAS reduction in funding for pharmacy by $2.5 million Align HUSKY B Co-pays with State employee plans - $26,000 in ’10 and $250,000 in ‘11 Restricted new eyeglasses to one pair a year for adults under Medicaid-DMP Eliminate coverage of most over the counter drugs-$320,000 in ’10 and $3.3 million in ‘11 Medical necessity definition change-$800,000 (’10) $1,800,000 (“11) Eliminate vision and non-emergency transportation under SAGA $550,000 Eliminate payment for SSI Attorney $200,000 in ’11- the State will pay fees for cases that had already been accepted by attorneys. Postpone funding for supportive housing including debt service, DMHAS and DSS funding-$1,774,000. These funds could not be expended until 2011 anyway. Lapse $1 million of funding for Operation Fuel; this left $1 million for Operation Fuel Cut over $6 million from DCF by among other cuts; restructuring of therapeutic child care purchasing, reducing juvenile outreach, tracking, etc., restructuring safe homes and closing 1 therapeutic group homes Cut voluntary services at DDS by $1.6 million to reflect caseload decreases Redirect Birth to Three incentives-$251,000 Reduce non-Sheff interdistrict cooperative funding- $3 million Lapse Funding for mental health alternative to incarceration Center $175,000 Eliminated corrections ombudsman-$200,000 in ‘11 Reduced inmate medical services-$2 million and transfer $4 million from UConn balance for these services 13 As stated above, there were fund sweeps of about $53 million in ’10 and $33 million in ’11 including: $10 million from citizens’ election fund in ’11 after the election (the Governor proposed the cut come in’10) and $5 million in ’10 from the Community Investment Act. It included money from the CSU reserve fund of $1 million in ’10 and $2 million in ’11 and the UConn fund of $5 million in ’10 and $10 million in ’11. They also took $15 million from the Banking Fund for ’10 and $11.56 million in ’11. The bill also: Required insurance policy to cover services covered in school based health centers. Funded the foreclosure mediation program out of the Banking Fund for the FY11-$3,349,982. Increased some of the fines for certain motor vehicle and other violations and repealed the hunting and fishing fee increases from last session Adopted savings for the medical necessity definition change-$800,000 (’10) $1,800,000 (‘11) but adopted the changed definition approved by the Medical Necessity Committee, ably co-chaired by Alicia Woodsby of NAMI. The final version of the bill also preserved the Medical Necessity Committee to monitor the implementation of that change. Included savings from moving the SAGA population into Medicaid under the new National Health Care bill-$10, 600,000 (’10) and $38,500,000 (’11) Moved funds in the rainy day fund to ‘10-$238,774,880 Required a study on the future of Riverview Hospital HB 5545 passed the House on a vote of 147-1 with Rep. Johnston (D-North Groversdale) voting no and the Senate on a unanimous vote. B. THE 2011 BUDGET The session began with the Governor’s budget. It was not a big surprise since it included many of the same items that had appeared in her mitigation plan from November including the SEBAC cuts and the carryover from 2010 to 2011 of the CSUS reduction of $632,242. The surprise was what she didn’t propose a host of new cuts. The Governor’s appropriations proposal was different from her June budget in a number of ways. She added back some funds in a number of line items many of which she had eliminated all together in her June budget. Some of those changes included: 14 Adding funds for the Legislative Commissions Adding funds for Earmarks for Culture and Tourism Institutions including Discovery Museum. Funded PILOTS (Payment In Lieu of Taxes)for state moderate housing Put some money in for the CT Fair Housing Center The Appropriations Committee’s budget was a bigger surprise since it really didn’t make many cuts to human service programs and added back a lot of the things the Governor had eliminated from her budget for FY’11. The Governor’s budget did not include funding for: (The Appropriations Committee added back all of these cuts): Supportive Housing UConn Health Center Merger Corrections Ombudsman SAGA vision and non-emergency transportation HUSKY monitoring Immigrants Health Care SSI Attorney fees Non-emergency Dental for Adults Alternative to Incarceration for people with mental illness Raise the Age The other differences between her proposed ’11 budget and Appropriations plan are the Governor (Appropriations restored all of these cuts as well.): Reduced funding for Jobs First by 75% Merged Child Advocate into the AG’s office Cut CHRO by approximately $1.6 million Cut Health Centers by about $1.7 million Changes the definition of medical necessity Increase premiums for HUSKY B Capped enrollment for state funded CT Home Care for the Elderly Included mental health drugs on the preferred drug list Discontinued coverage of non-formulary drugs under Medicare Part D Suspend implementation of Medical Interpreters Transferred Commission on Deaf and Hearing to DSS Aged, Blind and Disabled under ASO model Require co-pays for Medicaid 15 Eliminated increases for Sheff Reduce funding for Family Resource centers, after School Programs Eliminated more than $13 million for special education (same as Appropriations) Reduced the block grant for higher education constituent units (a bigger reduction than in the Appropriation Plan) Restored funds that democrats had taken out of the budget to reflect prison closures Closed High Meadows HB 5018- AN ACT MAKING ADJUSTMENTS TO STATE EXPENDITURES FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Died. This was the Appropriations Budget. It passed the Appropriations Committee on a vote of 29-25 with 10 Democrats voting against it. They were Sens. Duff, Slossberg, Maynard and Hartley and Reps. Lewis, Heinrich, Reynolds, Roy, Esty and Schofield. The bill went to the House where it died. The final budget was adopted on an emergency certified bill SB 494. It was not clear that the Democrats expected to adopt revisions to the ’11 budget. It was thought they might simply pass a deficit mitigation plan that made some changes to the “11 budget and hope the deficit didn’t get too bad before the election or when they returned for the 2011 session. But after the deficit mitigation plan passed, the Governor and Republicans started to attack the Democratic leadership for not addressing the budget deficit for ’11. A few meetings between the Governor and the Democratic leadership paved the way for a compromise and work began on a budget compromise in the week before the end of session. There were negotiations going on around approval of the Governor’s judicial nominations and the Democrats made it clear unless there was a budget deal the Judges would not get approved. Negotiations continued right to the last minutes of the session. On the last day of the session there was a fight going on all day about the approval of Governor Rell’s judges and the budget. The Republicans refused to allow the budget to pass unless the Judges were approved. The Democrats made the Governor include language related to Judicial funding and judicial review process in the budget at the last minute and make a public statement about appointing a Judge from a racial or ethnic minority in the near future 16 before they would begin the approval of the Judges. The House voted on the Judges only after that amendment to the budget passed the Senate. And the House Republicans fillibustered the budget until all the Judges passed the Senate. The House debated the budget starting after 10pm and the Republicans talked until the Senate passed the Judges at about 11:20pm. SB 494- AN ACT MAKING ADJUSTMENTS TO STATE EXPENDITURES FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Passed. Signed by the Governor on May 7th. The budget passed the Senate on a vote of 19-16 with Sens. DeFronzo, Meyer, Hartley and Maynard voting no. It passed the House on a vote of 9357 with 19 Democrats voting no. The roll call is below: The following is the roll call vote: Y Y N Y N Y ABERCROMBIE Y HEINRICH Y ROBLES N GIBBONS ALDARONDO HENNESSY Y ROJAS N GIEGLER ARESIMOWICZ Y Y HEWETT Y ROLDAN N GIULIANO AYALA Y HOLDERWINFIELD Y ROY N HAMZY BACKER Y HORNISH Y RYAN, K. N HETHERINGTON HURLBURT Y SANTIAGO N HOVEY Y JANOWSKI Y SAYERS N HOYDICK BARTLETT Y JARMOC SCHOFIELD N HWANG BERGER Y SERRA N KLARIDES SHAPIRO N LABRIOLA BARAM X BARRY Y N N JOHNSON, S. N Y Y BOUKUS N JOHNSTON, S.T. Y BUTLER N JUTILA Y SHARKEY N LEGEYT Y BYE Y KEHOE Y SPALLONE N MILLER, L. Y CANDELARIA, J. Y LAMBERT Y STAPLES N MINER Y CARUSO Y LARSON TABORSAK N NOUJAIM Y CLEMONS Y LAWLOR Y TALLARITA N O'NEILL Y CONROY Y LEONE Y TERCYAK N PERILLO Y CONWAY LESSER Y THOMPSON N PISCOPO Y COOK Y TONG N REBIMBAS DARGAN Y Y N Y N Y N Y N DAVIS N N LEWIS N N LYDDY Y URBAN N RIGBY MAZUREK Y VILLANO N ROWE DILLON Y MCCRORY Y WALKER N SAWYER DREW Y MEGNA Y WIDLITZ N SCRIBNER ESPOSITO Y MERRILL Y WILLIS N STRIPP MIKUTEL Y WRIGHT, C. N WILLIAMS MILLER, P. Y WRIGHT, E. N WOOD ESTY FAWCETT N Y 17 Y FLEISCHMANN Y MIOLI Y FLEXER Y MORIN Y FONTANA Y Y FOX N Y ZALASKI MORRIS N MOUKAWSHER N ALBERTS FRITZ Y MUSHINSKY N AMAN, W. Y GENGA Y NAFIS N BACCHIOCHI Y GENTILE Y NARDELLO N CAFERO Y GERAGOSIAN Y NICASTRO N CAMILLO Y GIANNAROS Y O'BRIEN N CANDELORA, Y V. ALTOBELLO (DEP) Y GONZALEZ Y OLSON N CARSON Y GODFREY (DEP) Y GRAZIANI Y PERONE N CHAPIN Y KIRKLEY-BEY (DEP) Y GREEN, K. Y REED N COUTU Y MCCLUSKEY (DEP) Y GROGINS N REEVES N D'AMELIO Y O'CONNOR (DEP) Y GUERRERA N REYNOLDS N FLOREN Y ORANGE (DEP) Y HAMM RITTER N FREY Y O'ROURKE (DEP) Y Y DONOVAN (SPKR) The majority of cuts in the budget were the rollout of Governor’s rescissions and SEBAC cuts in ’10 into ‘11. There were also cuts that were in the deficit mitigation plan that had passed. The most significant cut was a reduction of $8 million from CSUS reserve funds for 2010 which totals $10 million in 2011. Again there are a number of fund transfers for FY’11 including $4 million from the Workers Compensation Fund; $5 million from the Community Investment Act; $8 million from CSU ‘s reserve funds; and $5 million from the Citizen Election Fund (not to be transferred until after the election; this is a decrease from the $10 million cut in the DMP). Other cuts in the budget include: $10 million from Corrections from population downward trend $4,565,000 from Corrections which is used to set up several new criminal justice initiatives including one in DMHAS for housing assistance and mental health services and employment assistance in the Department of Labor. DCF cuts included reductions in: Intensive safety training ($1 million); parent aide funding ($1 million) ;safe home capacity ($1 million); Therapeutic Group Home Capacity ($2,752,840); and, Board and Care (Adoption- $2.5 million)and (Foster Care- $1 million) Again there were unspecified cuts for: 18 Outside consultant contracts- $95 million; Unallocated Lapses-$87,780,000 million Personal Services Reductions- $14 million OE-$35 million. The budget also: Increased the Housing and Homeless line by $2.96 million, $450,000 of that was for RAPS for supportive housing Moved Children of Incarcerated Parents program from DOC to Judicial Transferred Education Transportation funding to Special Education funding to protect IDEA federal funds by meeting the MOE. The language in the budget: Allows DSS to convert the HUSKY program to an ASO model. Gave the Governor the ability to appoint a third Chair to the Medical Necessity Committee Prevented Over a $1 million of funds for the HOME CT program from lapsing Provided $101,837 for the legislature for the purpose of redistricting. (Some thing we need to keep in mind as it relates to the election and next year) Reduce the new cost sharing for the state funded Home Care Program for Elders from 15% to 6%. Increased the monthly premiums for HUSKY B recipients Eliminates Medicaid payment for most over the counter drugs does not apply to the AIDS Drug Assistance Program Limits Medicaid recipients to one pair of eyeglasses a year Delayed the Establishment of a Department of Aging Provide $1 million for a program for homeless youth Allows the Judicial Department and the Legislature to submit their own budget numbers and allows the Governor to reduce these branches of government’s budgets unless the Appropriations Committee rejects such a reduction by a 2/3 vote. Provide 50 RAPS for supportive housing for people with psychiatric disabilities who are frequent users of state services Set up a task force to study of making the Capitol paperless Makes extensive changes to the CON (certificate of need)process Eliminates the Correction Ombudsman 19 C. REVENUE Despite the hard work of the Better Choices Coalition to promote tax reform; it was not good session for new revenue. The headline in the Courant on the day after the session was No New Taxes. There was no vote on combined reporting and the Revenue Commission died in the Senate without a vote. There was talk that it was going to be brought up last night and Sen. McKinney was going around trying to raise concerns about privacy. He even spoke to us about whether ACLU had concerns about the bill. But in the end it was never bought up for a discussion. They either ran out of time or never were planning to vote on it. It was especially disappointing that they did not repeal the estate tax cut. There were simply not enough votes to override her promised veto. During the budget and deficit mitigation fight the only source of new revenue included in any of the proposals was the estate tax cut and a hospital tax which was essentially a budgeting trick to bring in more federal revenue. The Finance Committee did propose a tax reform pieces. That included combined reporting. SB 485- AN ACT CONCERNING TAX FAIRNESS. Died. This bill would have required any company that is (1) a member of a corporate group of related companies meeting certain criteria and (2) subject to the Connecticut corporation tax (a “taxable member”), to determine its Connecticut corporation tax liability based on the net income or capital base of the entire group. Under the bill, a company must use this method of computing tax liability if it is part of a corporate group engaged in a “unitary business,” as defined in the bill. The bill thereby eliminates deductions and other adjustments for intercompany transactions between the group's members. This is the so-called “combined reporting” legislation. The bill passed the Finance Committee on a party line vote of 40-15. We had done a vote count of the Senate and it was clear there were enough votes to pass the legislation but less clear there would have been the votes to override an almost certain veto. In the end it was never brought up for a vote in the Senate. HB 5534- AN ACT ESTABLISHING A REVENUE ACCOUNTABILITY COMMISSION. Died 20 This bill would have established a 19-member Revenue Accountability Commission to review the adequacy, equity, balance, simplicity, economic competitiveness, effectiveness, and efficiency of the state's revenue structure and recommend improvements. It required the Office of Fiscal Analysis (OFA) to staff the commission and allowed the Department of Revenue Services (DRS) commissioner to disclose tax returns or return information to OFA so that office could convert the data for the commission's purposes into a form that does not permit individual taxpayers to be identified. The commission, within statutory limits on disclosing individual tax information, would have publicly reported aggregated and assimilated tax data. The commission would have submitted reports to the Finance, Revenue and Bonding Committee by January 1, 2011 and January 1, 2012. The first report would have included the commission's recommended options for tax, exemption, rate, and tax base changes necessary to raise revenue to balance the state budget. The second report would have contained the commission's findings and recommendations, including recommendations for a more permanent and sustainable source of ongoing reviews of the state's revenue structure. The commission would have been terminated after submitting its final report or on January 1, 2012, whichever is later. The Finance Committee also reported out a Commission to look at Connecticut Taxes. The bill passed the Finance Committee on a party line vote of 40-15. The House amended it to (1) increase the commission's membership from 17 to 19 by adding two gubernatorial appointees; (2) require OFA to serve as the commission's administrative staff; (3) eliminate a provision allowing DRS to disclose tax returns and return information directly to the commission and instead allowed DRS to disclose the information to OFA so that office may convert it for the commission's purposes into a form that does not identify individual taxpayers; (4) delays the deadline for the commission's initial report by one month from December 1, 2010 to January 1, 2011; (5) advances the deadline for the commission's first meeting from September 1 to July 1, 2010; (6) requires the commission to appoint the additional three members it must jointly appoint within 15 days after holding its first meeting. Then the House passed it on a vote of 106-37 which was a party line vote except Rep. Johnston (D-North Groversdale) voted no. The Senate never took the bill up. The only new tax legislation to pass was: 21 SB 1- AN ACT CONCERNING THE PRESERVATION AND CREATION OF JOBS IN CONNECTICUT. Passed. Vetoed by Governor. This bill would have imposed an 8.97% tax in lieu of regular state income tax on certain bonuses of $500,000 or more paid or awarded to Connecticut taxpayers by companies that received direct funding from the federal Troubled Asset Relief Program (TARP) or certain of their affiliates. It also exempted certain businesses with annual net incomes of $50,000 or less from the $250 business entity tax for two years. The bill passed the Finance Committee on a vote of 31-17. It was a party line vote except Rep. Leone (D- Stamford) and Sen. McDonald (D-Stamford) voted no. The bill was amended in the Senate by expanding the TARP bonuses subject to the higher tax to cover those of at least $500,000 rather than $ 1 million and eliminates the requirement that a TARP recipient be a company that received TARP fund on or after October 3, 2008 (the date the TARP law was enacted). It makes a business entity eligible for the business entity tax exemption only if it has an employee, member, or partner who is paid to work at last 35 hours a week, not just one that works that much. Finally, it eliminates the loans and loan guarantee program for businesses with fewer than 50 employees and the $20 million bond authorization to fund it. The Senate then passed the bill on a vote of 21-14 which was a party line vote except Sen. McDonald (D-Stamford) and Sen. Duff (D-Norwalk) voted no. The House took the bill up on the last day and passed the bill on a vote of 89-16. The roll call is below: The following is the roll call vote: Y ABERCROMBIE Y HEINRICH Y ALDARONDO ROBLES N GIBBONS HENNESSY ROJAS N GIEGLER Y ARESIMOWICZ Y HEWETT Y ROLDAN N GIULIANO Y AYALA Y HOLDERWINFIELD Y ROY N HAMZY Y HORNISH Y RYAN, K. N HETHERINGTON BARAM Y HURLBURT Y SANTIAGO X HOVEY N BARRY Y JANOWSKI Y SAYERS X HOYDICK N BARTLETT Y JARMOC Y BERGER Y JOHNSON, S. Y BOUKUS Y BUTLER X BACKER Y Y N Y Y N N Y JOHNSTON, S.T. JUTILA N Y SCHOFIELD N HWANG SERRA N KLARIDES SHAPIRO N LABRIOLA SHARKEY N LEGEYT 22 Y BYE Y CANDELARIA, J. X CARUSO Y CLEMONS Y CONROY N N KEHOE Y SPALLONE N MILLER, L. Y LAMBERT Y STAPLES N MINER Y LARSON Y TABORSAK Y LAWLOR Y TALLARITA N O'NEILL LEONE Y TERCYAK N PERILLO Y THOMPSON N PISCOPO TONG N REBIMBAS N RIGBY N X NOUJAIM CONWAY Y LESSER COOK Y LEWIS X DARGAN Y LYDDY Y URBAN Y DAVIS Y MAZUREK Y VILLANO Y DILLON Y MCCRORY Y WALKER N SAWYER Y DREW Y WIDLITZ N SCRIBNER Y ESPOSITO Y MERRILL Y WILLIS N STRIPP ESTY Y MIKUTEL Y WRIGHT, C. N WILLIAMS N MILLER, P. Y WRIGHT, E. N WOOD N MIOLI Y ZALASKI Y N Y X MEGNA FAWCETT X FLEISCHMANN Y FLEXER Y FONTANA N Y N X ROWE MORIN N MORRIS FOX Y MOUKAWSHER N ALBERTS X FRITZ Y MUSHINSKY N AMAN, W. Y DONOVAN (SPKR) Y GENGA Y NAFIS N BACCHIOCHI Y GENTILE Y NARDELLO N CAFERO Y GERAGOSIAN Y NICASTRO N CAMILLO Y GIANNAROS Y O'BRIEN N CANDELORA, V. Y GONZALEZ Y OLSON N CARSON Y GODFREY (DEP) Y GRAZIANI PERONE N CHAPIN Y KIRKLEY-BEY (DEP) Y GREEN, K. REED N COUTU Y MCCLUSKEY (DEP) Y GROGINS X D'AMELIO Y O'CONNOR (DEP) Y GUERRERA X FLOREN Y ORANGE (DEP) Y HAMM FREY Y O'ROURKE (DEP) N Y N REEVES X REYNOLDS Y RITTER N N ALTOBELLO (DEP) The Governor is expected to veto the bill. EFFECTIVE DATE: Upon passage and applicable to tax years starting on or after January 1, 2010. 23 HB 5163- AN ACT REQUIRING THE ESTABLISHMENT OF A SEARCHABLE DATABASE FOR STATE EXPENDITURES. Passed. Awaiting Governor’s Signature The bill requires the Office of Fiscal Analysis (OFA) to establish and maintain a searchable database for certain expenditures by July 1, 2011. It also requires OFA to report quarterly to the Appropriations Committee on the database, including any recommendations for improvements or operations of the database, by November 1, 2010. Lastly, the bill requires the Auditors of Public Accounts to review procedures and security used to develop the databases and report. Effective Date: Upon passage D. BONDING SB25 - AN ACT AUTHORIZING AND ADJUSTING BONDS OF THE STATE FOR CAPITAL IMPROVEMENTS AND OTHER PURPOSES. Passed. Awaiting Governor’s Signature. This bill was introduced by Sen. McKinney (R-Southport) and Rep. Cafero (R-Norwalk) and co-sponsored by fifteen legislators. It cancels $ 480.6 million in general obligation (GO) bond authorizations. The authorizations are for state and local capital projects and state grants and loans, including to municipalities and nonprofit entities. The bill authorizes up to $ 58.6 million in new state GO bonds. It divides the money into three pools for specified projects in Bridgeport, Hartford, and New Haven as designated by the State Bond Commission. All but two of the specified projects currently have separate bond authorizations. The bill cancels all or part of these separate authorizations. The bill also: 1. authorizes an additional $ 40 million in Clean Water revenue bonds, increasing the FY 11 authorization from $ 80 million to $ 120 million; 2. authorizes $ 7.325 million in special tax obligation (STO) bonds for transportation-related projects; 3. shifts $ 5 million in GO bond authorizations between two projects in the Connecticut State University System (CSUS) 2020 plan; and 4. earmarks funds from several existing authorizations for specific projects. The shift of $5 million in general obligation bonds for “2020” is from land acquisition to telecommunications and will now allow CSUS to improve telecommunications with VoIP. The bill also cancels the 24 $250,000 previously authorized and never approved for a feasibility study for a CSUS Bridgeport campus. The bill was referred to the Joint Committee on Finance, Revenue and Bonding. A public hearing was held and there was no testimony given. The Finance, Revenue and Bonding Committee proposed substitute language which made adjustments to the clean water fund revenue bond. By a unanimous vote, the bill was passed to the Senate. Sen. Daily (DWestbrook) and Sen. DeFronzo (D-New Britain) offered Senate Amendment ‘A’ that adds the STO authorizations; the reallocation of the CSUS authorization; the Urban Act, Department of Public Health, housing development and rehabilitation earmarks; and the language changes in authorizations for the Department of Information Technology's data center and for the grant to Danbury to acquire the Terre Haute property. It also adds, deletes, and adjusts items in the list of GO bond cancellations. The Senate passed Senate Amendment ‘A’ by a voice vote. They passed the bill amended by Senate Amendment ‘A’ by a unanimous vote. The House passed Senate Amendment ‘A’ and passed the bill as amended by Senate Amendment ‘A’ by a unanimous vote in concurrence with the Senate. Effective Date: July 1, 2010 SB443 - AN ACT CONCERNING THE CANCELLATION OF UNISSUED BOND FUND AUTHORIZATIONS. Passed. Awaiting Governor’s Signature This bill was introduced by the Finance, Revenue and Bonding Committee and co-sponsored by eleven legislators. It would have allowed the state treasurer to close out inactive bond funds, this bill updated bond authorizations originally adopted between 1967 and 1986 to reflect actual project allocations. The changes would have reduced net authorizations by $ 9.22 million. The six CSUS projects closed out were authorized from 1969 through 1986 and relate only to completed or previously cancelled projects and range in amount from eighty cents to a quarter of a million. Testifying in support of the bill at the public hearing were Howard G. Rifkin, Deputy Treasurer of the State of Connecticut; and Bonnie Stewart, CBIA. Testifying in opposition were April Capone Almon, Mayor of the Town of East Haven; and The Connecticut Conference of Municipalities. 25 The Finance, Revenue and Bonding Committee passed the bill by a unanimous vote. Both the Senate and the House passed the bill by unanimous votes. Effective Date: Upon passage HB5026 - AN ACT CONCERNING A REALLOCATION OF FUNDS WITHIN THE CSUS 2020 INFRASTRUCTURE IMPROVEMENT PROGRAM. Died. This bill was introduced by the Higher Education and Employment Advancement Committee. It would have shifted $5 million in general obligation bond authorizations between two projects enumerated in Phase I of the Connecticut State University System (CSUS) 2020 plan, a systemwide capital improvement program. It would have done so by increasing the authorization for telecommunications infrastructure upgrades by $5 million and reducing the authorization for land and property acquisition by the same amount. This shift allowed CSUS to undertake additional information technology projects, such as a Voice over Internet Protocol communications system. By law, certain revisions to the CSUS 2020 plan require (1) the formal approval of the CSUS Board of Trustees and (2) subsequent enactment of a public or special act. These revisions are (1) the addition or deletion of a project or (2) an increase or decrease in the original project cost by an amount equal to 10% or more for projects estimated to cost less than $1 million or 5% or more for projects estimated to cost more than $ 1 million, as long as the change in cost is not due to a change in the cost of material (CGS § 10a-91d(c)). Testifying in support of the bill at the public hearing were David G. Carter, Chancellor, CT State University System; and James LoMonaco, President, SUOAF/AFSCME Local 2835. The Higher Education and Employment Advancement Committee passed the bill by a unanimous vote. The Higher Education Committee sent the bill to the Finance, Revenue and Bonding Committee. The Finance Committee passed the bill by a unanimous vote and it was sent to the House. The bill died in the House with no action taken but was considered for the budget. 26 III. Resolutions SR10 - RESOLUTION PROPOSING APPROVAL OF STIPULATED AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE STATE VOCATIONAL FEDERATION OF TEACHERS, LOCAL 4200A, AMERICAN FEDERATION OF TEACHERS, AFLCIO AND THE STATE BARGAINING AGENT COALITION. Passed. This resolution was introduced by Sen. Williams (D-Brooklyn) and it was referred to the Joint Committee on Appropriations. The stipulated agreement allows three state employees to continue their membership in the Teachers' Retirement System (TRS). These three individuals were in TRS eligible positions in the State Department of Education which were eliminated when the Licensed Practical Nurse (LPN) program was suspended as part of the Governor's November deficit mitigation plan. Due to provisions of the SEBAC 2009 agreement, these employees were offered and accepted positions (at an increased salary) in other state agencies that were not TRS eligible. According to the stipulated agreement, the parties maintain all their rights and retirement benefits as governed by the TRS. The Appropriations Committee passed the resolution by a vote of 7 to 3 and the no votes were Sen. Caligiuri (R-Waterbury), Sen. Frantz (R-Riverside), and Sen. Kane (R-Watertown). The resolution was sent to the Senate where it passed with no action taken which meant that after 30 days from submission the agreement goes into effect. HR6 - RESOLUTION PROPOSING APPROVAL OF STIPULATED AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE STATE VOCATIONAL FEDERATION OF TEACHERS, LOCAL 4200A, AMERICAN FEDERATION OF TEACHERS, AFLCIO AND THE STATE BARGAINING AGENT COALITION. Passed. This resolution was introduced by Rep. Donovan (D-Meriden). It stipulated that the agreement between the State of Connecticut and the State Vocational Federation of Teachers, Local 4200A, American Federation of Teachers, AFL-CIO and the State Bargaining Agent Coalition, signed by the parties on February 26, 2010, and submitted to this assembly for approval on March 3, 2010 is approved. The resolution was referred to the 27 Appropriations Committee. The Appropriations Committee passed the resolution by a vote of 32 to 9. Following is the roll call vote: Voting Yea Nay Abstain 32 9 0 TOTALS 41 yea nay abstain absent Rep. Geragosian, J. 025 Rep. Bartlett, J. 002 Rep. Heinrich, D. 101 Rep. Roldan, K. 004 Rep. Miner, C. 066 Rep. Backer, T. 121 Rep. Camillo, F. 151 Rep. Candelaria, J. 095 Rep. Clemons, C. 124 Rep. Dillon, P. 092 Rep. Esty, E. 103 Rep. Fawcett, K. 133 Rep. Fleischmann, A. 018 Rep. Genga, H. 010 Rep. Gonzalez, M. 003 Rep. Hamm, G. 034 Rep. Hetherington, J. 125 Rep. Hewett, E. 039 Rep. Holder-Winfield, G. 094 Rep. Hovey, D. 112 Rep. Hwang, T. 134 Rep. Kirkley-Bey, M. 005 Rep. Lewis, J. 008 Rep. McCrory, D. 007 Rep. Miller, P. 145 Rep. Nafis, S. 027 Rep. O'Neill, A. 069 Rep. Orange, L. 048 Rep. Perillo, J. 113 Absent and Not Voting 4 Voice Vote yea nay abstain absent Rep. Rebimbas, R. 070 Rep. Reynolds, T. 042 Rep. Ritter, E. 038 Rep. Roy, R. 119 Rep. Ryan, K. 139 Rep. Santiago, E. 130 Rep. Sawyer, P. 055 Rep. Schofield, L. 016 Rep. Stripp, J. 135 Rep. Tercyak, P. 026 Rep. Thompson, J. 013 Rep. Urban, D. 043 Rep. Villano, P. 091 Rep. Walker, T. 093 Rep. Willis, R. 064 Rep. Wood, T. 141 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X The Appropriations Committee sent the resolution to the House where it passed with no action taken but having surpassed the thiry session days required on the calendar for automatic approval. 28 HR10 / HR11 - RESOLUTION PROPOSING APPROVAL OF AN ARBITRATION AWARD BETWEEN THE BOARD OF TRUSTEES OF COMMUNITY-TECHNICAL COLLEGES AND THE CONGRESS OF CONNECTICUT COMMUNITY COLLEGES CONCERNING DISTANCE LEARNING. Passed. This resolution was introduced by Rep. Donovan (D-Meriden). The arbitration award between the Board of Trustees of Community-Technical Colleges and the Congress of Connecticut Community Colleges concerning distance learning, issued by the arbitrator on April 23, 2010, filed with the clerks of the House of Representatives and the Senate on April 26, 2010, and submitted for approval. The resolution was referred to the Appropriations Committee where no action was taken. The award was later emergency certified as HR11 and approved by the House in a roll call vote of 148 to 0 (with 3 absent). The Senate emergency certified its counterpart as SR17 and it was placed on the consent calendar and approved. SR16 / SR17 - RESOLUTION PROPOSING APPROVAL OF AN ARBITRATION AWARD BETWEEN THE BOARD OF TRUSTEES OF COMMUNITY-TECHNICAL COLLEGES AND THE CONGRESS OF CONNECTICUT COMMUNITY COLLEGES CONCERNING DISTANCE LEARNING. Passed. This resolution was introduced by Sen. Williams (D-Brooklyn). It would have approved the arbitration award between the Board of Trustees of Community-Technical Colleges and the Congress of Connecticut Community Colleges concerning distance learning, issued by the arbitrator on April 23, 2010, filed with the clerks of the House of Representatives and the Senate on April 26, 2010. The Senate reconsidered the resolution as SR17 and it passed on consent. See above. SR3 - RESOLUTION CONFIRMING THE NOMINATION OF MICHAEL A. CARON OF DANIELSON TO BE A MEMBER OF THE BOARD OF TRUSTEES FOR THE CONNECTICUT STATE UNIVERSITY SYSTEM. Passed Senate. This resolution was the nomination by the Governor of Michael A. Caron of Danielson to be a member of the Board of Trustees for the Connecticut State University System to a term ending June 30, 2011 succeeding Lawrence D. McHugh. It was only necessary to have this nomination approved by the 29 Senate before it was forwarded to the CSUS Board of Trustees. It passed the Senate unanimously. IV. BILLS A. LABOR SB2 - AN ACT RESTRICTING LONGEVITY PAYMENTS FOR CERTAIN STATE EMPLOYEES. Died. This bill was introduced by Sen. Prague (D-Columbia) and Sen. Fonfara (DHartford). It would have prohibited longevity payments for a period of two years to any state employee who: (1) has managerial duties, (2) is not included in a collective bargaining unit, and (3) earns in excess of one hundred thousand dollars per year. The bill was referred to the Joint Committee on Appropriations where it died without being raised. SB63 - AN ACT MANDATING EMPLOYERS PROVIDE PAID SICK LEAVE TO EMPLOYEES. Died. This bill, a major goal of the the State’s labor movement in previous years, was introduced by the Labor and Public Employees Committee and cosponsored by Rep. Johnson (D-Windham), Sen. Handley (D-Manchester), Rep. Megna (D-New Haven), Sen. Coleman (D-Bloomfield), Rep. Larson (D-East Hartford), and Rep. Santiago (D-Bridgeport). We had concerns about the bill because it exempted adjunct faculty but it was clear from the outset that the bill was not going to be seriously considered in a session with enormous fiscal constraints and political challenges. We spoke to both of the Chairs and to members of the Committee to express the concerns of AAUP. Everyone involved with the bill expressed an interest in working with us to correct the bill if it were to move forward or be seriously considered. Everyone we spoke with reiterated that the bill was not moving forward this session. It would have required all employers with 50 or more employees in the state to provide their employees with paid sick leave that accrues at a rate of one hour for each 40 hours worked. Current law does not require employers to 30 provide sick leave, whether paid or unpaid. Employees are eligible for the benefit once they work 520 hours for an employer and accrue sick leave from the first day of work. The bill limited the use of accrued sick leave to 40 hours a year. The leave could have been used for an employee's or the employee's child's illness or injury, treatment of a physical or mental illness or injury, diagnosis, and preventive medical care. An employee could also use it for reasons related to family violence or sexual assault. Exempted from the bill's provisions were (1) day or temporary workers and (2) certain state college or university employees, including part-time or adjunct faculty members. The bill banned employers from taking retaliatory or discriminatory action against an employee because the employee requests or uses paid sick leave as provided by the bill. It allowed complaints to be filed with the labor commissioner, who must administer the law within available appropriations. Employers who violated the bill were liable to the Labor Department for a civil penalty of $600 for each violation. The commissioner may have awarded appropriate relief, including rehiring or payment of back wages. Parties may have appealed the commissioner's decision to Superior Court. The bill specified that it does not preempt the terms of any union contract that is effective before January 1, 2011 or diminish any rights provided to any employee under a union contract. It required employers to provide notice to covered employees of the bill's provisions and all employees' rights. The commissioner may develop related regulations requiring employers to provide additional means of notifying employees. Testifying in support of the bill at the public hearing were Natasha Pierre, JD, MSW; Permanent Commission on the Status of Women; City of San Francisco, Department of Administrative Services; Lindsay Farrell, Working Families Party; Lori Pelletier, CT AFL-CIO; Scott MacDonald, Attorney; Anna Doroghazi, CT Sexual Assault Crisis Services, Inc.; Dr. Kevin Miller, Institute for Women's Policy Research (IWPR); United Auto Workers (UAW); Sharon Palmer, AFT Connecticut; Brian Anderson, AFSCME Council 4; Dan Malloy, Former Mayor, City of Stamford; Maggie Adair, Connecticut Association of Human Services; Marcia Bok, National Association of Social Workers; Michael Winterfield, Working Families Party; Jillian Gilchrist, NARAL; Amy Miller, Program Director, CWEALF; and forty one others. Testifying in opposition were Representative Themis Klarides; Representative Vincent Candelora; Representative Michael Alberts; Representative Rosa Rebimbas; Council of Small Towns (COST); 31 Connecticut Conference of Municipalities (CCM); Connecticut Business and Industry Association (CBIA); National Federation of Independent Business (NFIB); Metro Hartford Alliance; nine Chambers of Commerce; and one hundred and twelve other business and trade organizations. The Labor and Public Employees Committee passed the bill by a vote of 6 to 4 along party lines with the exception of Rep. Hewett (D-New London) voting no. The Labor Committee sent the bill to the Senate. The Senate referred the bill to the Appropriations Committee. The Appropriations Committee attempted to pass two amendments to the bill but they both failed. The Appropriations Committee passed the bill by a vote of 28 to 18. Following is the roll call vote: Voting Yea Nay Abstain 28 18 0 TOTALS 46 yea nay abstain absent Sen. Harp, T. S10 Rep. Geragosian, J. 025 Sen. Hartley, J. S15 Rep. Bartlett, J. 002 Rep. Heinrich, D. 101 Rep. Roldan, K. 004 Sen. Debicella, D. S21 Rep. Miner, C. 066 Rep. Backer, T. 121 Sen. Caligiuri, S. S16 Rep. Camillo, F. 151 Rep. Candelaria, J. 095 Rep. Clemons, C. 124 Rep. Dillon, P. 092 Sen. Duff, B. S25 Rep. Esty, E. 103 Rep. Fawcett, K. 133 Rep. Fleischmann, A. 018 Sen. Frantz, L. S36 Rep. Genga, H. 010 Sen. Gomes, E. S23 Rep. Gonzalez, M. 003 Rep. Hamm, G. 034 Sen. Handley, M. S04 Sen. Harris, J. S05 Absent and Not Voting 12 Voice Vote yea nay abstain absent Rep. Hwang, T. 134 Sen. Kane, R. S32 Rep. Kirkley-Bey, M. 005 Rep. Lewis, J. 008 Sen. Maynard, A. S18 Rep. McCrory, D. 007 Rep. Miller, P. 145 Rep. Nafis, S. 027 Rep. O'Neill, A. 069 Rep. Orange, L. 048 Rep. Perillo, J. 113 Sen. Prague, E. S19 Rep. Rebimbas, R. 070 Rep. Reynolds, T. 042 Rep. Ritter, E. 038 Rep. Roy, R. 119 Rep. Ryan, K. 139 Rep. Santiago, E. 130 Rep. Sawyer, P. 055 Rep. Schofield, L. 016 Sen. Slossberg, G. S14 Rep. Stripp, J. 135 Rep. Tercyak, P. 026 Rep. Thompson, J. 013 Rep. Urban, D. 043 X X X X X X X X X X X X X X X X X X X X X X X X X 32 X X X X X X X X X X X X X X X X X X X X X X X X X Rep. Hetherington, J. 125 Rep. Hewett, E. 039 Rep. Holder-Winfield, G. X 094 Rep. Hovey, D. 112 Rep. Villano, P. 091 Rep. Walker, T. 093 X X X X X Rep. Willis, R. 064 Rep. Wood, T. 141 X X The bill died in the Senate with no further action when it was clear that the votes did not exist to pass it, because of the lack of time needed for an extensive debate, the Governor’s opposition and also because of the concerns expressed by us and others about flaws in the bill. We did not attempt to have amendments drawn up to the bill since it was clear that the bill was not going to be passed this year. Labor lobbyists and legislators expressed an interest in working with us to resolve our concerns in the future. SB65 – AN ACT CONCERNING UNEMPLOYMENT COMPENSATION EXTENDED BENEFITS. Passed. Awaiting Governor’s Signature This bill was introduced by the Labor and Public Employees Committee and co-sponsored by twenty legislators. It conforms state unemployment compensation law to federal law regarding extended benefits paid by employers that are allowed to reimburse the unemployment compensation fund rather than regularly pay unemployment taxes. Under federal and state law, the following employers are allowed to reimburse the fund for benefits paid to their former employees collecting unemployment: the state, municipalities, and Native American tribes. The bill codifier federal requirement that these employers pay 100% of the cost of any extended benefits. (Extended benefits are benefits granted beyond the standard 26week period and any additional benefits the federal government granted and pays for.) Testifying in support of the bill at the public hearing were Linda Agnew, Acting Commissioner, Department of Labor; Kia F. Murrell, CBIA; and Andy Markowski, NFIB. The Labor and Public Employees Committee passed the bill by a unanimous vote. Both the Senate and the House also passed the bill by unanimous votes. EFFECTIVE DATE: Upon passage 33 SB79 - AN ACT CONCERNING AGENCY CONSOLIDATION AND THE OUTSOURCING OF GOVERNMENT SERVICES. Died. This bill was introduced by Sen. McKinney (R-Southport), Sen. Fasano (RNorth Haven), and Sen. Roraback (R-Goshen). It would have consolidated: (1) The Departments of Public Health, Developmental Services, Children and Families, Mental Health and Addiction Services and Social Services into the Department of Human Services; (2) the Departments of Motor Vehicles and Transportation; (3) the Departments of Public Works and Administrative Services; (4) the Labor Department and the Department of Economic and Community Development; (5) the Departments of Higher Education and Education; and (6) the six legislative commissions into the Commission on the Status of Protected Citizens. It also would have outsourced government services, including noncommercial customer service operations of the Department of Motor Vehicles, the maintenance of state parks and direct care services within the newly created Department of Human Services. The bill was referred to the Joint Committee on Government Administration and Elections where it died without being raised. SB242 - AN ACT CONCERNING THE RETENTION OF JOBS IN CONNECTICUT. Died. This bill was introduced by the Labor and Public Employees Committee and co-sponsored by Rep. Aresimowicz (D-Berlin). It would have made three separate changes to government contracting laws to limit a contractor's ability to perform work or provide services outside the United States. 1. It required privatization contracts of at least $100,000 with the state or its political subdivisions other than municipalities to (a) prohibit the contractor from originating or providing the services at a location outside the U. S. and (b) make non-compliance a material breach that voids the contract and requires the contractor to pay certain damages. 2. It required contracts with the state or a quasi-public agency to prohibit the contractor from (a) using a subcontractor or others at a site outside the U. S. or (b) transferring work or services outside the U. S. It provided an exception if the contract's purpose is work or services in connection with a proceeding or event occurring outside the U. S. or the work is not available in the U. S. 3. When awarding contracts, the law requires state agencies to give preference to goods made and services originating in Connecticut if they are equal in all other respects to those made, or originating from, outside the state. The bill added a ban on contracts for services that originate or are performed outside the U. S., but it 34 seems to have modified the in-state preference rather than create a broader restriction. The bill also required certain employers with at least 100 employees who propose removing 25% or more of the establishment's employees or work outside of the state to give at least six months written notice to affected employees and the Labor and Economic and Community Development commissioners. AFSCME Council 4 testified in support of the bill at the public hearing. Testifying in opposition to the bill were Connecticut Department of Information Technology and Jesmin Basanti, CBIA. The Labor and Public Employees Committee passed the bill by a vote of 7 to 3 along party lines. The Labor Committee sent the bill to the Senate. The Senate referred the bill to the Judiciary Committee. The Judiciary Committee passed the bill by a vote of 24 to 16. Following is the roll call vote: Voting Yea Nay Abstain 24 16 0 TOTALS 40 yea nay abstain absent Sen. McDonald, A. S27 Rep. Lawlor, M. 099 Sen. Handley, M. S04 Rep. Fox, G. 146 Sen. Kissel, J. S07 Rep. O'Neill, A. 069 Rep. Aman, W. 014 Rep. Baram, D. 015 Rep. Barry, R. 012 Rep. Berger, J. 073 Rep. Clemons, C. 124 Sen. Coleman, E. S02 Rep. Conway, M. 061 Rep. Coutu, C. 047 Rep. Dillon, P. 092 Sen. Doyle, P. S09 Rep. Fritz, M. 090 Rep. Godfrey, B. 110 Sen. Gomes, E. S23 Rep. Gonzalez, M. 003 Rep. Green, K. 001 Rep. Hamm, G. 034 Rep. Hamzy, W. 078 Absent and Not Voting 4 Voice Vote yea nay abstain absent Rep. Labriola, D. 131 Sen. McLachlan, M. S24 Sen. Meyer, E. S12 Rep. Morris, B. 140 Rep. Olson, M. 046 Rep. Reeves, P. 143 Rep. Roldan, K. 004 Sen. Roraback, A. S30 Rep. Rowe, T. 123 Rep. Serra, J. 033 Rep. Spallone, J. 036 Rep. Taborsak, J. 109 Rep. Tong, W. 147 Rep. Walker, T. 093 Rep. Wright, E. 041 X X X X X X X X X X X X X X X X X X X X X X X 35 X X X X X X X X X X X X X X X Rep. Hetherington, J. 125 X Rep. Hewett, E. 039 Rep. Holder-Winfield, G. X 094 Rep. Hovey, D. 112 X Rep. Hurlburt, B. 053 Rep. Klarides, T. 114 X X X The Senate then referred the bill to the Government Administration and Elections Committee. GA&E passed the bill by a vote of 7 to 6. Following is the roll call vote: Voting Yea Nay Abstain 7 6 0 TOTALS 13 Absent and Not Voting 2 yea nay abstain absent Sen. Slossberg, G. S14 Rep. Spallone, J. 036 Sen. Meyer, E. S12 Rep. Aresimowicz, J. 030 Sen. McLachlan, M. S24 Rep. Hetherington, J. 125 Rep. Drew, T. 132 Rep. Fleischmann, A. 018 Rep. Floren, L. 149 Rep. Grogins, A. 129 Rep. Labriola, D. 131 Rep. Lawlor, M. 099 Rep. Miller, P. 145 Rep. O'Brien, T. 024 Rep. Reeves, P. 143 Voice Vote yea nay abstain absent X X X X X X X X X X X X X X X The bill died in the Senate with no further action. SB330 - AN ACT CONCERNING STUDENT EMPLOYEES AND WORKFORCE COMPETITIVENESS. Passed. Awaiting Governor’s Signature This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by eight legislators. It exempts student employees at public institutions of higher education from certain 36 provisions of the State Code of Ethics. The exemptions apply to students whose employment is derived from their status as students at those institutions but not to regular employees at a college or university who take classes on a part-time basis. With several exceptions, the law prohibits public officials, candidates for public office, and state employees from accepting gifts (generally anything of value over $10) from lobbyists. It also prohibits public officials and state employees from accepting gifts from people doing, or seeking to do, business with their agency; people engaged in activities regulated by their agency; or prequalified state contractors. The law also prohibits these people from giving gifts to public officials and employees. The bill creates an additional gift exception to allow student employees to receive travel expenses, lodging, food, beverage, and other benefits customarily provided by a prospective employer in connection with bona fide employment discussions. It also exempts these student employees from waiting one year after leaving state employment before (1) representing, for compensation, anyone besides themselves before their former office and (2) accepting employment with a party to a (a) contract or agreement with the state valued at $ 50,000 or more or (b) written agreement for an automatic payroll deduction for a product or service if the student participated substantially in or supervised the negotiation of the award. Additionally, the bill exempts student employees from provisions of the ethics code concerning prohibited activities, disclosure of confidential information, and conflicts of interest. The exemption is only valid if the student's institution has (1) adopted written policies and procedures concerning student employees and conflicts of interest, and (2) the policies and procedures have been approved by the Citizens Ethics Advisory Board. The bill requires institutions to submit their policies and procedures to the board triennially and any significant revisions within 30 days of their adoption. Testifying in support of the bill at the public hearing were David Carter, Chancellor, Connecticut State University System; and Nancy H. Bull, ViceProvost for Academic Administration, University of Connecticut. The State of Connecticut, Office of State Ethics submitted written testimony that it opposes any broad or wholesale exemption of a group or class of individuals from the jurisdiction of the Code of Ethics, as such an approach ultimately leads to the weakening of the law and its effectiveness. The Higher Education and Employment Advancement Committee passed the bill by a unanimous vote. The Higher Education Committee sent the bill 37 to the Senate. The Senate referred the bill to the Government Administration and Elections Committee. GA&E passed the bill by a vote of 11 to 2 and the no votes were Sen. Meyer (D-Guilford) and Sen. McLachlan (R-Danbury). The Senate then referred the bill to the Labor and Public Employees Committee. The Labor Committee passed the bill by a unanimous vote. The Senate passed the bill by a unanimous vote on consent calendar. In the House, Rep. Willis (D-Lakeville) offered House Amendment ‘A’ that replaced the original bill which exempted student employees from the state code of ethics definition of a state employee, and thus from the entire code. It also changed the effective date from July 1, 2010 to October 1, 2010. The House adopted House Amendment ‘A’ and passed the bill as amended by a vote of 147 to 1 and the no vote was Rep. Johnston (D-North Grosvenordale). The Senate adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the House. EFFECTIVE DATE: October 1, 2010 SB356 - AN ACT CONCERNING MONTHLY REPORTS ON PERSONNEL STATUS FOR STATE AGENCIES. Died. This bill was introduced by the Appropriations Committee. It would have provided the Office of Fiscal Analysis with state agency personnel data, including the positions that are vacated and filled each month. The committee held a public hearing. The Appropriations Committee voted to merge the contents of this bill into SB0359 by a vote of 40 to 15 along party lines. SB467 - AN ACT ESTABLISHING THE LEAN GOVERNMENT STEERING COMMITTEE. Died. This bill was introduced by the Government Administration and Elections Committee. It would have established a lean government steering committee, with members from the banking industry, service sector, manufacturing sector, healthcare industry, and a collective bargaining unit to be appointed within 30 days of the effective date. It outlined that the Secretary of OPM would have served as chairperson, and a report would have been submitted within 60 days of the effective date to share the committee's findings and recommendations. 38 Robert Torrani, Director, Manufacturing & Supply Chain Initiative, Connecticut Center for Advanced Technology, Inc, testified in support of the bill at the public hearing “because a steering committee for Connecticut's lean government transformation should be comprised of an executive level steering committee that would plan the initial roll-out, periodically monitor progress, manage internal & external communications, access return-on investment, and direct & plan migration.” The Government Administration and Elections Committee passed the bill by a unanimous vote. GA&E sent the bill to the Senate. The Senate referred the bill to the Commerce Committee. The Commerce Committee also passed the bill by a unanimous vote. The bill died in the Senate with no further action. SB469 - AN ACT CONCERNING THE COMMISSION ON ENHANCING AGENCY OUTCOMES. Died. This bill was introduced by the Government Administration and Elections Committee. It would have required the Commission on Enhancing Agency Outcomes to submit an additional report on state government efficiency and accountability to the Government Administration and Elections Committee by December 31, 2011. There was no testimony given at the public hearing. The Government Administration and Elections Committee passed the bill by a unanimous vote. GA&E sent the bill to the Senate. The Senate referred the bill to the Appropriations Committee where they passed it by a unanimous vote also. The bill died in the Senate with no further action. HB5058 – AN ACT CONCERNING THE RIGHT TO ORGANIZE FOR CERTAIN STATE EMPLOYEES. Died. This bill was introduced by the Labor and Public Employees Committee. It would have permited more state employees to join unions by providing collective bargaining rights to state managers and certain State Capitol Police employees. It also created the title “bureau head,” exempted bureau heads from collective bargaining, and limited how many of these positions can be in a department or agency. Testifying in support of the bill at the public hearing were Robert Shea, AMECSS; Brian Anderson, Council 4 AFSCME; and Lori Pelletier, AFL39 CIO. Sandra Fae Brown-Brewton, Office of Policy and Management testified in opposition to the bill. The Office of Policy and Management opposed the bill because it endows certain managerial employees with the right to collectively bargain, and it gives the legislature the status of employer under the State Employees Relations Act for the purposes of negotiating with a single group of its employees—the capitol police. The Labor and Public Employees Committee passed the bill by a vote of 9 to 1 and the no vote was Rep. Aman (R-South Windsor). The Labor Committee sent the bill to the House. The House referred the bill to the Appropriations Committee. Appropriations passed the bill by a vote of 24 to 21. Following is the roll call vote: Voting Yea Nay Abstain 24 21 0 TOTALS 45 yea nay abstain absent Sen. Harp, T. S10 Rep. Geragosian, J. 025 Sen. Hartley, J. S15 Rep. Bartlett, J. 002 Rep. Heinrich, D. 101 Rep. Roldan, K. 004 Sen. Debicella, D. S21 Rep. Miner, C. 066 Rep. Backer, T. 121 Sen. Caligiuri, S. S16 Rep. Camillo, F. 151 Rep. Candelaria, J. 095 Rep. Clemons, C. 124 Rep. Dillon, P. 092 Sen. Duff, B. S25 Rep. Esty, E. 103 Rep. Fawcett, K. 133 Rep. Fleischmann, A. 018 Sen. Frantz, L. S36 Rep. Genga, H. 010 Sen. Gomes, E. S23 Rep. Gonzalez, M. 003 Rep. Hamm, G. 034 Sen. Handley, M. S04 Sen. Harris, J. S05 Absent and Not Voting 13 Voice Vote yea nay abstain absent Rep. Hwang, T. 134 Sen. Kane, R. S32 Rep. Kirkley-Bey, M. 005 Rep. Lewis, J. 008 Sen. Maynard, A. S18 Rep. McCrory, D. 007 Rep. Miller, P. 145 Rep. Nafis, S. 027 Rep. O'Neill, A. 069 Rep. Orange, L. 048 Rep. Perillo, J. 113 Sen. Prague, E. S19 Rep. Rebimbas, R. 070 Rep. Reynolds, T. 042 Rep. Ritter, E. 038 Rep. Roy, R. 119 Rep. Ryan, K. 139 Rep. Santiago, E. 130 Rep. Sawyer, P. 055 Rep. Schofield, L. 016 Sen. Slossberg, G. S14 Rep. Stripp, J. 135 Rep. Tercyak, P. 026 Rep. Thompson, J. 013 Rep. Urban, D. 043 X X X X X X X X X X X X X X X X X X X X X X X X X 40 X X X X X X X X X X X X X X X X X X X X X X X X X Rep. Hetherington, J. 125 X Rep. Hewett, E. 039 Rep. Holder-Winfield, G. X 094 Rep. Hovey, D. 112 X Rep. Villano, P. 091 Rep. Walker, T. 093 X Rep. Willis, R. 064 X Rep. Wood, T. 141 X X X The bill died in the House with no further action. HB5062 - AN ACT CONCERNING COLLECTIVE BARGAINING, PENSIONS AND HEALTH CARE. Died. This bill was introduced by the Labor and Public Employees Committee and co-sponsored by Rep. Genga (D-East Hartford). It would have required the Labor Commissioner to report on the status of collective bargaining, pensions, and health care in the state. The Labor Committee held a public hearing and then the bill died with no further action. HB5089 - AN ACT CONCERNING THE PRIVATIZATION OF A PORTION OF THE STATE'S SOCIAL SERVICE PROGRAMS. Died. The bill was introduced by Rep. Hwang (R-Fairfield) and Rep. Rowe (RTrumbull). It would have transfered the administration of twenty per cent of all social service programs from the Department of Social Services, the Department of Developmental Services and any other state agency currently providing social services to qualified private, community-based providers not later than July 1, 2011, without any reduction in services. The bill was referred to the Joint Committee on Human Services where the bill died without being raised. HB5204 - AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE JOINT ENFORCEMENT COMMISSION ON EMPLOYEE MISCLASSIFICATION. Passed. Signed by Governor May 5, 2010 This bill was introduced by the Labor and Public Employees Committee and co-sponsored by ten legislators. By law, any employer who misrepresents either the number of its employees or casts them as independent contractors to defraud or deceive an insurance company in order to pay lower workers' compensation insurance is (1) guilty of a class D felony and (2) subject to a stop work order. Under the bill, the same penalty applies if the employer defrauds or deceives the state in the same way. The bill also increases the penalty for this violation by specifying that each day of the violation 41 constitutes a separate offense. Violators are liable to the Labor Department for a $ 300 civil penalty. The bill specifies that any employer who is fully insured for workers' compensation and fails to pay the required state assessments for (1) the administration of the Workers' Compensation Commission and (2) the administration and payment fund of the Second Injury Fund is guilty of a class D felony and subject to a stop work order. By law, a self-insured employer who fails to make the same assessments is already subject to these penalties. Testifying in support of the bill at the public hearing were Attorney General Richard Blumenthal; Chief State's Attorney Kevin T. Kane, Division of Criminal Justice; Glenn Marshall, New England Carpenters Local 210; and Nate Brown, International Union of Operating Engineers. The Labor and Public Employees Committee passed the bill by a unanimous vote. The Labor Committee passed the bill to the House. The House referred the bill to the Judiciary Committee. The Judiciary Committee passed it by a unanimous vote. In the House, Rep. Ryan (D-Oakdale) offered House Amendment ‘A’ that specifies that each day of defrauding or deceiving the state regarding misrepresentation for workers' compensation purposes constitutes a separate offense but the separate offense provision does not apply to other offenses, in state wage, employment regulation, personnel files, or other workers compensation law. The House adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote. The Senate adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the House. The Governor signed the bill into law on May 5, 2010. Effective Date: October 1, 2010 HB5206- AN ACT PROVIDING AN INDIVIDUAL THE RIGHT TO BRING A DISCRIMINATORY PRACTICE ACTION IN SUPERIOR COURT RATHER THAN THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES. Died. This bill was introduced by the Labor and Public Employees Committee. It would have allowed a person claiming to be aggrieved by an alleged discriminatory practice to file a complaint with the superior court rather than with the Commission on Human Rights and Opportunities. 42 The Connecticut Trial Lawyers Association testified in support of the bill at the public hearing. Testifying in opposition were the Commission on Human Rights and Opportunities; AFSCME Council 4; AFSCME Local 2663; CBIA; and Greater Hartford Legal Aid (GHLA). The Labor and Public Employees Committee proposed substitute language that allowed a complainant or his/her attorney to request a release of jurisdiction from the Commission on Human Rights and Opportunities after a complaint is filed. The Labor Committee passed the substitute bill by a vote of 7 to 3 along party lines. The Labor Committee sent the bill to the Judiciary Committee where it died with no action. HB5207- AN ACT CONCERNING CRIMINAL BACKGROUND CHECKS FOR PROSPECTIVE STATE EMPLOYEES. Passed. Awaiting Governor’s Signature. This bill was introduced by the Labor Committee and was co-sponsored by 11 legislators. It prohibits certain covered state employers from asking about a prospective employee's past convictions until the person is deemed otherwise qualified for the position. The prohibition does not apply if a statute specifically disqualifies someone from a position due to a prior conviction. The public hearing for the bill faced very interesting arguments in support and opposition from both the public and state agencies. Testifying in support of the bill were Alexis N. Highsmith, GHLA; Nadine Nevins, CLS; Ellen Small, CABHN; David Schultz; Jennifer Garrison; rJo Winch, Hartford City Council; Jacqueline Caron, Connecticut Pardon Team, Inc.; Barbara Fair; Rev. Anne H. Higgins; Emily Sheehan, RISE; Audrey Richards; James D. Butler III and Marc Mauer, The Sentencing Project. Chief State’s Attorney Kevin Kane, Linda Yelmini of OPM and Robert Brothers Jr. of CHRO all testified in opposition to the bill. Brothers stated, “Waiting until an offer is made only to find out that the applicant is disqualified because of a criminal record is cruel to the person this bill seeks to protect.” Yelmini of OPM added, “The types of offers of employment that could be made include Department of Children and Families could offer employment to a convicted child molester.” The Labor Committee approved by a vote of 7-3 along party lines to favorably refer the bill to the Government Administrations and Elections 43 Committee. The GA&E Committee debated the measure during its meeting and left members very conflicted about the potential impact it could have on the state. The bill narrowly passed the GA&E Committee by a vote of 8-7. The following is the roll call vote for this bill: Voting Yea Nay Abstain 8 7 0 TOTALS 15 yea nay abstain absent Sen. Slossberg, G. S14 Rep. Spallone, J. 036 Sen. Meyer, E. S12 Rep. Aresimowicz, J. 030 Sen. McLachlan, M. S24 Rep. Hetherington, J. 125 Rep. Drew, T. 132 Rep. Fleischmann, A. 018 Rep. Floren, L. 149 Rep. Grogins, A. 129 Rep. Labriola, D. 131 Rep. Lawlor, M. 099 Rep. Miller, P. 145 Rep. O'Brien, T. 024 Rep. Reeves, P. 143 Absent and Not Voting 0 Voice Vote yea nay abstain absent X X X X X X X X X X X X X X X The bill was sent to the House but initially seemed to have little chance of passing without an amendment. House leadership, along with Labor Committee chairs and ranking members, decided on a compromise for the bill. Rep. Ryan (D-Oakdale) offer an amendment, LCO 3678, that changed the bill by prohibiting an inquiry until the person is deemed qualified rather than until the person is deemed qualified and made an initial offer, eliminating provisions on when an agency must consider certain factors before denying state employment or a credential based on a prior conviction and applying to any inquiry about past convictions and not just inquiring through a consumer report. The amendment was adopted by voice vote and unanimously passed the House. The Senate also adopted the House amendment and unanimously passed the bill on its consent calendar. The bill is currently awaiting a public act number and signature by the Governor. Effective Date: October 1, 2010 44 HB5219- AN ACT EXTENDING STATE CONTINUATION OF HEALTH INSURANCE COVERAGE. Passed. Awaiting Governor’s Signature. This Act extends the period for which certain people and their dependents may continue group health insurance under the state's “mini-COBRA” law from 18 to 30 months. To qualify for the continued coverage, the person must have experienced a specified qualifying event, including a layoff, reduced hours, leave of absence, or termination of employment for other than death or gross misconduct. The Act's extended coverage provision applies to people who are already continuing coverage due to those qualifying events and people who elect to do so on and after the bill's passage. By law, unchanged by the Act, spouses and dependents who are continuing coverage for any other reason (e.g., death of employee or divorce) are permitted to continue coverage for the period set forth under federal COBRA (i.e., 36 months). The Act requires each insurer and health care center (i.e., HMO) that has issued a group health insurance policy subject to the continuation requirements, in conjunction with their group policyholders, to provide notice of the extended coverage period to affected people within 60 days of the bill's passage. Group policyholders include those with fewer than 20 employees. The Act also makes technical and conforming changes. Effective Date: Upon Passage HB5234 - AN ACT PREVENTING A LABOR ORGANIZATION FROM WAIVING AN EMPLOYEE'S RIGHT TO BRING A CIVIL ACTION FOR A CIVIL RIGHTS VIOLATION AGAINST AN EMPLOYER. Died. This bill was introduced by the Labor and Public Employees Committee. It would have prevented labor organizations from bargaining away the rights of an employee to bring a civil action for an employer's violation of said employee's civil rights. The Labor and Public Employees Committee held a public hearing and then the bill died with no further action. HB5285 - AN ACT CONCERNING STATE EMPLOYEES AND VIOLENCE AND BULLYING IN THE WORKPLACE. Died. 45 This bill was introduced by the Labor and Public Employees Committee. It would have required the Department of Administrative Services to report the number of complaints of bullying or abusive conduct in the state workforce to the General Assembly. Testifying in support of the bill at the public hearing were Commission on Human Rights and Opportunities; Dr. Katherine Hermes, Connecticut Coordinator, Workplace Bullying Institute; Linda Coollick, Counselor, Technical High School System, Department of Education; and AFL-CIO. The Department of Administrative Services testified in opposition to the bill. The Labor and Public Employees Committee passed the bill by a unanimous vote. The Labor Committee sent the bill to the Government Administration and Elections Committee where it died with no action. HB5195 - AN ACT CONCERNING THE REHIRING OF RETIRED STATE EMPLOYEES. Died. This bill was introduced by the Labor and Public Employees Committee and co-sponsored by Rep. Gonzalez (D-Hartford). It would have limited the duration and number of times a retired state employee may be rehired by the state in order to ensure jobs are available to new prospective employees. The Labor Committee held a public hearing and then the bill died with no further action. HB5202 - AN ACT CONCERNING TELECOMMUTING OPTIONS FOR STATE EMPLOYEES. Passed. Awaiting Governor’s Signature This bill was introduced by the Labor and Public Employees Committee and co-sponsored by thirty six legislators. It requires, instead of allows, the Department of Administrative Services (DAS) commissioner to develop and implement guidelines, in cooperation with state employee unions, authorizing state employee telecommuting and work-at-home programs. This must be done within available appropriations. Under the bill, a telecommuting or work-at-home assignment must meet the programs' guidelines. It eliminates the requirement that such an assignment must be determined to be cost effective. The guidelines and the determination of whether a position is appropriate for telecommuting are not subject to collective bargaining, under the bill. 46 Testifying in support of the bill at the public hearing were Honorable Nancy Wyman, State Comptroller; Julia Evans Starr, Commission on Aging; Permanent Commission on the Status of Women (PCSW); Representative Themis Klarides, 114th District; AFT Connecticut; and Service Employees International Union (SEIU). Linda Yelmini, Office of Labor Relations, OPM, testified in opposition to the bill. The Labor and Public Employees Committee passed the bill by a unanimous vote. The Labor Committee sent the bill to the Government Administration and Elections Committee. GA&E also passed the bill by a unanimous vote. It was sent to the House. Rep. McCluskey (D-West Hartford) offered House Amendment ‘A’ that changes when a telecommuting assignment can be terminated from “upon” to “as required by” agency needs. The House adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote. The Senate adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the House. Effective Date: July 1, 2010 HB5203 - AN ACT CONCERNING STATE SERVICE RETIREMENT CREDIT AND TEACHERS' RETIREMENT CREDIT. Died. This bill was introduced by the Labor and Public Employees Committee and co-sponsored by Rep. Willis (D-Lakeville), Sen. Prague (D-Columbia), and Sen. Roraback (R-Goshen). It would have allowed certain individuals who retired based upon a material error in their retirement benefit statements to be compensated for said error or return to their previous employment position. Testifying in support of the bill at a public hearing were Senator Andrew Roraback; Dr. Kathleen Fitzgibbons; Connecticut Education Association; and Mark DeCaprio, Department of Environmental Protection. Nancy Wyman, State Comptroller, testified in opposition to the bill. The Labor and Public Employees Committee proposed substitute language that provided hazardous duty retirement credit to the Director and Assistant Director of DEP's Hazardous Materials Unit. The committee passed the substitute bill by a unanimous vote. The Labor Committee sent the bill to the Appropriations Committee. The bill failed in the Appropriations Committee by a vote of 24 to 26. Below is the roll call vote: 47 Voting Yea Nay Abstain 24 26 0 TOTALS 50 Absent and Not Voting 8 yea nay abstain absent Sen. Harp, T. S10 Rep. Geragosian, J. 025 Sen. Hartley, J. S15 Rep. Bartlett, J. 002 Rep. Heinrich, D. 101 Rep. Roldan, K. 004 Sen. Debicella, D. S21 Rep. Miner, C. 066 Rep. Backer, T. 121 Sen. Caligiuri, S. S16 Rep. Camillo, F. 151 Rep. Candelaria, J. 095 Rep. Clemons, C. 124 Rep. Dillon, P. 092 Sen. Duff, B. S25 Rep. Esty, E. 103 Rep. Fawcett, K. 133 Rep. Fleischmann, A. 018 Sen. Frantz, L. S36 Rep. Genga, H. 010 Sen. Gomes, E. S23 Rep. Gonzalez, M. 003 Rep. Hamm, G. 034 Sen. Handley, M. S04 Sen. Harris, J. S05 Rep. Hetherington, J. 125 Rep. Hewett, E. 039 Rep. Holder-Winfield, G. 094 Rep. Hovey, D. 112 Voice Vote yea nay abstain absent Rep. Hwang, T. 134 Sen. Kane, R. S32 Rep. Kirkley-Bey, M. 005 Rep. Lewis, J. 008 Sen. Maynard, A. S18 Rep. McCrory, D. 007 Rep. Miller, P. 145 Rep. Nafis, S. 027 Rep. O'Neill, A. 069 Rep. Orange, L. 048 Rep. Perillo, J. 113 Sen. Prague, E. S19 Rep. Rebimbas, R. 070 Rep. Reynolds, T. 042 Rep. Ritter, E. 038 Rep. Roy, R. 119 Rep. Ryan, K. 139 Rep. Santiago, E. 130 Rep. Sawyer, P. 055 Rep. Schofield, L. 016 Sen. Slossberg, G. S14 Rep. Stripp, J. 135 Rep. Tercyak, P. 026 Rep. Thompson, J. 013 Rep. Urban, D. 043 Rep. Villano, P. 091 Rep. Walker, T. 093 X X X X X X X X X X X X X X X X X X X X X X X X X X X X Rep. Willis, R. 064 Rep. Wood, T. 141 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X HB5330 - AN ACT CONCERNING CONNECTICUT'S ECONOMIC FUTURE. Died. This bill was introduced by the Labor and Public Employees Committee. It would have established the Connecticut Economic Future Council to take 48 state employee pension funds and to identify state bond allotments to fund state job creation. The Labor Committee held a public hearing and then the bill died with no further action. HB5471- AN ACT CONCERNING INDEPENDENT EXPENDITURES. Passed. AwaitingGovernor’sSignature. This bill was introduced by the Government Administration and Election Committee and was co-sponsored by ten legislators. It seeks to provide that independent expenditures made by an entity are properly disclosed and ensure that such expenditures are properly attributed to the entity making the expenditure. The bill removes a requirement that groups of two or more individuals register as a political committee (known as a PAC) upon receiving any funds or making or incurring any expenditures to promote or oppose a candidate, political party, or referendum question. Instead, it requires them to register upon receiving or raising $ 1,000. By removing the prohibition, it codifies state law to the recent U. S. Supreme Court decision in Citizens United v. Federal Election Commission. Testifying in support of the bill included Albert P. Lenge, State Elections Enforcement Commission; Karen Hobert Flynn, Common Cause and Christine Horrigan, League of Women Voters. No opposition was identified during the public hearing. Substitute language on the bill was provided by the Chairs of the GA&E Committee to redefine the term “agent” in the statutes. The bill unanimously passed the committee and was sent to the House. Rep. Spallone (D-Essex) offered an amendment, LCO 4761, that adds to the rebuttable presumption campaign-related consultant or creative services expenditures, requires electronic filing for independent expenditure reports and changes their deadlines, expands attribution requirements for 501(c) and 527 organizations, requires “express advocacy” expenditures to be reported in advance of a primary, and makes technical corrections. The amendment was adopted by roll call vote 137-3 with nay votes recorded by Rep. O’Brien (D-New Britain), Rep. Kirkley-Bey (D-Hartford) and Rep. Labriola (RNaugatuck). The bill unanimously passed as amended and was sent to the Senate. The Senate adopted the amendment by voice vote and the bill passed, in concurrence with the House, on its consent calendar. The bill is awaiting Public Act and the Governor’s signature. 49 B. HIGHER EDUCATION SB43 - AN ACT CONCERNING REVISIONS TO THE HIGHER EDUCATION STATUTES. Died. This bill was introduced by the Higher Education and Employment Advancement Committee. It would have required public and independent colleges and universities, beginning January 1, 2012, to submit an annual report to the Department of Higher Education (DHE) on the transfer to each institution of any credits earned at another institution. The report must have been in a manner the DHE commissioner prescribes. There was no testimony given at the committee’s public hearing. The Higher Education and Employment Advancement Committee passed the bill by a unanimnous vote. The Higher Education Committee sent the bill to the Senate. The Senate passed the bill by a unanimous vote. The bill died in the House with no action taken. SB45 - AN ACT CONCERNING HIGHER EDUCATION REMEDIATION PROGRAMS. Died. This bill was introduced by the Higher Education and Employment Advancement Committee. It would have required a study of issues concerning remediation programs offered by the public institutions of higher education. Testifying in support of the bill at the public hearing were David G. Carter, Chancellor, Connecticut State University System; Marc S. Herzog, Chancellor, Connecticut Community Colleges; Alice Pritchard, Executive Director, CWELF; and Jude Carroll, Director, CT KIDS COUNT Project, CAHS. The Higher Education and Employment Advancement Committee proposed substitute language that added the formation of a task force. Chancellor Herzog had recommended this in his testimony at the public hearing. The Higher Education Committee passed the substitute bill by a unanimous vote. The bill was sent to the Senate where they referred it to the Education Committee. The Education Committee also passed the bill by a unanimous 50 vote. The Senate passed the bill by a unanimous vote on consent calendar. The bill died in the House with no action taken. SB57 - AN ACT CONCERNING EDUCATION LOANS. Died. This bill was introduced by the Banks Committee. It would have placed restrictions on the authority of the Connecticut Higher Education Supplemental Loan Authority (CHESLA) to initiate collections actions against a student who defaults on a CHESLA student loan while enrolled in a higher education institution. For two years, from October 1, 2010 until October 1, 2012, CHESLA cannot initiate a collection action against a student who (1) has cured a default on a CHESLA loan or (2) is in default on a CHESLA loan, but is making reasonable efforts (as determined by CHESLA) to cure that default in a timely manner. Attorney Joshua Cohen testified in support of the bill at the public hearing. Testifying in opposition to the bill were Secretary Robert Genuario, Office of Policy and Management, and Gloria Ragosta, CHESLA. The Banks Committee passed the bill by a vote of 16 to 1 and the no vote was Rep. Schofield (D-Simsbury). The Banks Committee sent the bill to the Senate. The Senate referred the bill to the Higher Education and Employment Advancement Committee. The Higher Education Committee passed the bill by a vote of 13 to 2 and the no votes were Rep. Willis (DLakeville) and Rep. Alberts (R-Woodstock). The bill died in the Senate with no further action. SB136 - AN ACT ESTABLISHING A STUDY COMMITTEE TO REVIEW THE DEPARTMENT OF HIGHER EDUCATION'S PROCESS OF REVIEWING AND APPROVING ACADEMIC PROGRAMS. Died. This bill was introduced by the Higher Education and Employment Advancement Committee. It would have established a committee to study the Department of Higher Education's process for reviewing and approving academic programs proposed or offered by institutions of higher education and determine whether to streamline the process. Testifying in support of the bill were State Representative Lawrence F. Cafero, Jr.; Judith B. Greiman, Connecticut Conference of Independent 51 Colleges; Walter Harrison, President, University of Hartford; The MetroHartford Alliance; and Neil Albert Salonen, President, University of Bridgeport and Chair, Board of Directors Connecticut Conference of Independent Colleges. Testifying in opposition to the bill were Michael P Meotti, Commissioner of Higher Education; Peter Nicholls, Provost and Executive Vice President for Academic Affairs, UConn University; and John A. Raus, DMD. The Higher Education and Employment Advancement Committee passed the bill by a vote of 16 to 3 and the no votes were Sen. Handley (DManchester), Rep. Candelaria (D-New Haven), and Rep. Flexer (DDanielson). The Higher Education Committee sent the bill to the Senate. The Senate moved the bill to the foot of the calendar where it died with no further action. SB215 - AN ACT CONCERNING VETERAN TUITION WAIVERS. Passed. Awaiting Governor’s Signature This bill was introduced by the Select Committee on Veterans’ Affairs and co-sponsored by fifty nine legislators. It specifies that for purposes of the veterans' tuition waiver, which the law requires UConn, the Connecticut State University (CSU) system, and regional communitytechnical colleges (CTC) to give to eligible veterans, “service in time of war” does not include time spent attending a military service academy. The bill requires that, within 30 days of its passage, the institutions' boards review current and prospective students' eligibility for the waiver to ensure compliance. Testifying in support of the bill at the public hearing were Dr. Linda Schwartz, State Department of Veterans Affairs, Commissioner; Gary E Waterhouse, 3rd District VFW, legislative chair and judge advocate for the 3rd district Veterans of Foreign Wars; Rusty Meek, Past State Commander for the Veterans of Foreign Wars, Department of Connecticut; and Heather L Sander, United States Navy veteran and intern at the Connecticut Commission on Aging. Testifying in opposition was Lisa Giles, former Coast Guard Academy cadet. The Select Committee on Veterans’ Affairs passed the bill by a unanimous vote. The bill was sent to the Higher Education and Employment 52 Advancement Committee. The Higher Education Committee passed the bill by a unanimous vote. Higher Education then sent the bill to the Senate. In the Senate, Sen. Maynard (D-Stonington) offered Senate Amendment ‘A’ that eliminates the original bill's specification that “service in time of war” does not include time spent in training, (2) adds the compliance review requirement, and (3) changes the effective date from July 1, 2010 to upon passage. The Senate adopted Senate Amendment ‘A’ and passed the bill as amended by a unanimous vote. The House adopted Senate Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the Senate. EFFECTIVE DATE: Upon passage SB266 - AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING TRANSFERRING ADULT EDUCATION PROGRAMS TO THE COMMUNITY-TECHNICAL COLLEGE SYSTEM. Died. This bill was introduced by the Program Review and Investigations Committee and co-sponsored by Rep. Mushinsky (D-Wallingford). It would have implemented certain legislative recommendations from the Program Review Committee's recently completed study entitled Alignment of Postsecondary Education and Employment, approved by the committee on December 17, 2009. (See also SB 268, sHB 5164, and sHB 5349.) The study examined whether a formal alignment mechanism exists in Connecticut to match the production of skilled graduates from the state's higher education institutions with the current and projected workforce needs of the state's employers. The study also included an examination of the technical high schools. The intent of this bill was to study the viability of transferring the adult education programs administered by the technical high school system to the community college system to better promote career ladders for adults. Specifically, this bill required the Connecticut Community College System to examine the feasibility of transferring six adult education programs, including the now-defunct licensed practical nurse (LPN) program, from the Connecticut Technical High School system to the community college system. The study must have included an assessment of the cost of such transfer, the number of employees that would be impacted by such a transfer, and at which community colleges the programs could be offered. 53 Testifying in support of the bill at the public hearing were The Connecticut Association for Adult and Continuing Education; Connecticut Association for Human Services; and Connecticut Women's Education and Legal Fund (CWEALF). Testifying in opposition to the bill were an individual from the Connecticut AFL-CIO and an individual that was the former LPN Department Head at Bullard Havens Technical High School. The commissioner of the state Department of Education provided testimony stating that although the department does not oppose the concept of a transfer, it cautioned that such a transfer would likely result in very little cost saving for the state. The Program Review and Investigations Committee proposed substitute language that clarified that the study would only examine the transfer of only those adult education programs that are administered by the Connecticut Technical High School system. The Program Review and Investigations Committee passed the substitute bill by a unanimous vote. PR&I sent the bill to the Senate. The Senate referred the bill to the Higher Education and Employment Committee. Higher Education passed the bill by a vote of 12 to 3 and the no votes were Rep. Willis (D-Lakeville), Rep. Sawyer (R-Bolton), and Rep. Flexer (D-Danielson). The Senate then referred the bill to the Education Committee where they passed it by a unanimous vote. The bill then died in the Senate with no further action. SB268 - AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE ESTABLISHING A PILOT PROGRAM TO REWARD INSTITUTIONS OF HIGHER EDUCATION THAT ARE MEETING ESTABLISHED GOALS. Died. This bill was introduced by the Program Review and Investigations Committee and co-sponsored by Rep. Mushinsky (D-Wallingford). It would have required the commissioner of higher education to establish a pilot program to financially reward public institutions of higher education for meeting certain goals to the satisfaction of the Higher Education Coordinating Council. The rewards were to be allocated from existing resources at the discretion of the commissioner. By law, the goals these institutions must have met include: 1. enhancing student learning and promoting academic excellence, 2. working with elementary and secondary schools to improve teaching and learning at all levels, 3. ensuring access to and affordability of higher education, 4. promoting economic development 54 in Connecticut, 5. responding to society's problems and needs, and 6. ensuring efficient use of resources. The Higher Education Coordinating Council is responsible for developing accountability measures to assess institutions' achievement of these goals. Testifying in support of the bill at the public hearing were The Department of Higher Education; The Connecticut State University System; and The Connecticut Association for Human Services. The provost of the University of Connecticut submitted written testimony and requested that the committee expand an existing grant program administered by DHE, called the Education and Health Initiatives program, rather than create an additional one. The Program Review and Investigations Committee passed the bill by a unanimous vote. PR&I sent the bill to the Senate. The Senate referred the bill to the Higher Education and Employment Advancement Committee where it died. SB329 - AN ACT CONCERNING STUDENT TUITION AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION. Died. This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by Sen. Colapietro (D-Bristol). It would have required the boards of trustees of UConn, the Connecticut State University System, and the community-technical colleges to immediately notify the Higher Education Committee in writing whenever they publish a meeting agenda that includes a vote to increase, decrease, or maintain tuition. By law, the boards of trustees are responsible for establishing tuition levels in the state's public colleges and universities. The board of CSUS already provides notification. The bill was seen as a vehicle to express dissatisfaction with UCONN President Hogan. Testifying in support of the bill at the public hearing were Peter Nicholls, Provost and Executive Vice President for Academic Affairs; David Carter, Chancellor of the Connecticut State University System; University of Connecticut University; Mr. Jason Ortiz, President of the UConn American Civil Liberties Union; and Mr. Taylor McGloin, UConn Undergraduate Student Government Senator and Student Veteran. 55 The Higher Education and Employment Advancement Committee passed the bill by a vote of 14 to 6 along party lines with the exception of Rep. Hurlburt (D-Tolland) voting no. Higher Education Committee sent the bill to the Senate. The bill died in the Senate with no action taken however throughout the session the bill was used as an irritant to UCONN and others. SB378 - AN ACT CONCERNING THE TEACHER EDUCATION AND MENTORING PROGRAM. Died. This bill was introduced by the Education Committee. It would have provided a renewal fee waiver to those teachers holding an initial educator certificate, but who cannot apply for a provisional educator certificate because they have not completed the requisite beginning educator program; provided a fee adjustment to those teachers who already renewed their initial educator certificate because they could not apply for a provisional educator certificate because they have not completed the requisite beginning educator program; and included health teachers as among the list of teachers who should complete the teacher education and mentoring program in full. Testifying in support of the bill at the public hearing were Mary Loftus Levine, Director of Policy, Connecticut Education Association (CEA); and Sharon Palmer, President, AFT Connecticut. The Education Committee passed the bill by a unanimous vote. It was then sent to the Finance, Revenue and Bonding Committee where it died with no further action. SB401 - AN ACT CONCERNING AN INITIATIVE TO INCREASE AND IMPROVE THE STATE'S HEALTH CARE WORKFORCE. Died. This bill was introduced by the Public Health Committee. It would have required the Department of Public Health (DPH) to implement a comprehensive initiative to increase and improve the state's health care workforce. By January 1, 2012, DPH would have had to report on this initiative to various committees of the General Assembly. Testifying in support of the bill at the public hearing were David Carter, Chancellor, Connecticut State University System; Mag Morelli, President, Connecticut Association of Not-for-profit providers For the Aging 56 (CANPFA); Dr. Adam Silverman, Chief of the Division of Internal Medicine, UCONN Health Center; and Dr. Lawrence Singer, Connecticut State Dental Association; Connecticut Hospital Association (CHA). Testifying in opposition to the bill were Meg Hooper, Branch Chief, Department of Public Health (DPH); and Alice Pritchard, Executive Director, Connecticut Women's Education and Legal Fund (CWEALF). The Public Health Committee passed the bill by a unanimous vote. The Public Health Committee sent the bill to the Senate. The Senate moved the bill to the foot of the calendar where it died with no further action. HB5024 - AN ACT CONCERNING AN EDUCATION DOCTORAL DEGREE PROGRAM IN NURSING EDUCATION. Passed. Signed by Governor May 5, 2010 This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by forty eight legislators. It was a major goal of the CSUS. We worked to remind legislators of the need for nurses and the role that the increased faculty in this area could play in job creation and support for existing CSUS programs. We discussed the cost benefit analysis of investing in this program where jobs were virtually guaranteed well into the future. We reminded legislators of the connections that regional healthcare facilities already had with programs at various constituent units. The CSUS Administration made it very clear and worked hard to demonstrate that this program was necessary and a priority. It specifically authorizes the Connecticut State University System (CSUS) to award doctoral degrees in nursing education. It expands the CSUS's degree-granting authority, which currently includes doctoral degrees in education; masters degrees and other graduate study in education; and liberal arts and career programs at the bachelors, masters, and sixth year level. This bill was heavily lobbied and will result in increased faculty positions. There was opposition from UCONN where there is a doctoral degree program in nursing with a different focus. CSUS is attempting to create a program to fill the significant need in Connecticut for skilled nurses and nursing instructors. Testifying in support of the bill at the public hearing were David F. Walsh, CSU-AAUP President; David G. Carter, Chancellor, Connecticut State University System; Cheryl J. Norton, Ed. D., FACSM, Southern Connecticut 57 State University; Dr. Cesarina Thompson, Southern Connecticut State University, Aide to the Dean, School of Graduate Studies; James W. Schmotter, Ph. D, President of Western Connecticut State University; Dr Linda Rinker, Provost Western Connecticut State University; Representative Elizabeth B. Ritter; Representative Jason W. Bartlett; Marna P. Borgstrom, President and Chief Executive Officer of Yale-New Haven Hospital; Sue Fitzsimmons, PhD, RN, Senior Vice President for Patient Service of YaleNew Haven Hospital; Marcia Proto, Co-Executive Director for the Connecticut League for Nursing; Connecticut Hospital Association; Mary Jane Williams, RN, PhD, Chair of the Government Relations Committee for Connecticut Nurses Association; James LoMonaco, President, SUOAF/AFSCME Local 2836; Moreen Donahue, DNP, RN Sr. Vice President, Patient Care Services & Chief Nurse Executive, Danbury Hospital; Patricia Bouffard, RN, D.N. Sc, Chair of the Connecticut Board of Examiners for Nursing and Dean of Academic Affairs at Northwestern Connecticut Community College; Christopher M. O'Connor, FACHE, President and CEO, St. Raphael Healthcare System and Hospital of Saint Raphael and Joanne Ottman, RN, MSN, Academic Division Director for Allied Health and Nursing at Naugatuck Valley Community College. Michael Meotti, Commissioner for the Department of Higher Education, neither supports the bill nor, opposes the bill because “the nature of the role that this legislation has entrusted the board of governors and the Department of Higher Education in a matter such as this. In addition, the need of this program is in question until analyzed by his agency and processed through mandated channels, and questioned the strain this may put on existing state university programs.” By a unanimous vote the bill passed the Higher Education and Employment Committee. The bill went to the Public Health Committee. Also by a unanimous vote the bill passed the Public Health Committee. It then went to the House. The House referred the bill to the Appropriations Committee. By a unanimous vote the bill passed the Appropriations Committee. In the House, Rep. Willis (D-Lakeville) offered House Amendment ‘A’ that made the bill effective upon passage. The House adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote. The Senate adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the House. The Governor signed the bill into law on May 5, 2010. Effective Date: Upon passage 58 HB5025 - AN ACT CONCERNING A GREEN TECHNOLOGY, LIFE SCIENCE AND HEALTH INFORMATION TECHNOLOGY JOBS LOAN FORGIVENESS PROGRAM. Died. This bill was introduced by Rep. Cafero (R-Norwalk) and Sen. McKinney (R-Southport). It would have established a green technology, life science, and health information technology loan forgiveness program for Connecticut residents. The program, to be administered by the Department of Higher Education, provided loan reimbursements for Connecticut residents who enter green technology, life science, and health information technology fields after graduating from a higher education institution in Connecticut. The bill also allowed the Board of Governors of Higher Education to adopt necessary regulations for the program. To be eligible for reimbursement under the program, a person must have (1) earned a bachelor's or associate's degree on or after July 1, 2010 relating to green technology, life science, or health information technology and (2) worked in the state for at least two years in one of these fields. Under the bill, a person's annual loan reimbursement would have been the lesser of $2,500 or 5% of the amount of his or her federal and state educational loans. The maximum number of years for reimbursement would have been four for bachelor's degree recipients and two for associate's degree recipients. The maximum total reimbursement for anyone was $10,000. The bill was referred to the Joint Committee on Higher Education and Employment Advancement. Testifying in support of the bill at the public hearing were M. Jodi Rell, Governor of Connecticut; the Connecticut Department of Higher Education; Michael J. Cicchetti, Deputy Secretary, Office of Policy & Management; Joan McDonald, Commissioner, Department of Economic and Community Development; Connecticut Hospital Association; Dr. Louise Feroe, Connecticut State University System; and Peter Nichols, Provost, UConn. Testifying in opposition were Christopher Phelps, Program Director, Environment Connecticut; Jessie Stratton, Director of Governmental Relations, Environment Northeast; Dave Leishman, President, Northeast Energy Efficiency Counsel, Connecticut Chapter; Patrick Mcdonald, Director of Conservation & Load Management, United Illumination Company; and Richard A. Soderman, CL&P and Yankee Gas Company. The Higher Education and Employment Advancement Committee passed the bill by a unanimous vote. The bill was sent to the House. The House 59 referred the bill to the Appropriations Committee where it died with no action taken. HB5027 - AN ACT CONCERNING THE UNIVERSITY OF CONNECTICUT HEALTH CENTER'S FACILITIES PLAN. Passed. Awaiting Governor’s Signature This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by twenty five legislators. It was the major policy objective of the University of Connecticut. Several opponents argued that it was the wrong time for the State to undergo such an expensive project given the faultering economy and the State’s diminished resources. Others argued that UCONN should switch to “The Harvard Model’ in which a university doesn’t operate a hospital of its own but rather works within cooperative agreements with existing hospitals and health facilities. This system is used in other jurisdictions including its namesake. When the University first appeared in front of the Higher Education Committee President Hogan and others were unable to give even basic information like a timeframe for the project. Legislators were concerned about the certainty of the figures they were being given and of the total cost and length of the project. Other hospitals in the State questioned the need for the facility in the overall health plan for the State. Labor unions were extremely concerned about the loss of jobs at the facility. The bill, with certain conditions, provides funding for (1) the construction of a new bed tower and renovations of academic, clinical, and research space at UConn's John Dempsey Hospital (JDH) and (2) the development of regional health network initiatives. It also establishes provisions for transferring, from JDH to Connecticut Children's Medical Center (CCMC), licensure and control of 40 neonatal intensive care unit (NICU) beds. The total cost of the project is $ 362 million. The bill authorizes the issuance of $ 237 million in new state bonds to fund the project, of which $ 207 million will be issued under the UConn 2000 infrastructure improvement program. It also reallocates $ 25 million in existing UConn 2000 funds to pay for planning and design costs of the new JDH bed tower and requires a contribution of $ 100 million in federal, private, or other nonstate money. The bill prohibits the $ 237 million in new bonds from being issued and construction of the bed tower from commencing until the $ 100 million is received. It establishes June 30, 2015 as the deadline for receiving the $ 100 million. 60 The bill also confers the benefits of an enterprise zone to certain businesses in Hartford, Farmington, New Britain, and Bristol, and it requires UConn to report biennially on the progress of the health network initiative and the JDH construction and renovation. Testifying in support of the bill at the public hearing were M. Jodi Rell, Governor, State of Connecticut; Michael J. Hogan, President, University of Connecticut; Dr. Gerald Burrow, Chair, Uconn Health Center Board Of Directors; Sanford Cloud, Vice Chair, Uconn Health Center Board Of Directors; Joan McDonald, Commissioner, DECD; Richard H. Strauss, Executive Director, CT Academy of Science & Engineering; Charles Cosgrove, Patient; Bruce E. Gould, MD, FACP, Associate Dean/ Medical Director, St. Francis/UConn Primary Care Center, Burgdorf Health Center; Thomas S. Finn, Patient, Vice President, Hunter's Tax District; Andrea Gross, Fourth Year Medical Student, University of Connecticut School of Medicine; Martin Gavin, President/CEO CT Children's Medical Center; Monty MacNeil, Dean, School of Dental Medicine, UConn; Elliot Joseph, President/CEO Hartford Hospital & Hartford Healthcare; Dr. Biree Andermariam, Oncologist, Faculty Member, UConn Health Center; Larry Tanner, President/CEO of Central CT Health Alliance; Kiki Nissen, M.D., Associate Professor, Associate Dean, Graduate Medical Education; Denis Lafreniere, M.D., Professor of Surgery, Interim Chair, Division Chief of Otolaryngology; Dr. Bruce Liang, Director Pat & Jim Calhoon Cardiology Center, Uconn; Adam Silverman, Chief of The Division Of General Internal Medicine, Pres. of John Dempsey Medical & Dental Staff; Dr. Peter Albertson, Chief Of Urology, John Dempsey Hospital; Dr. Tim O'Brien, Surgeon, Uconn Residency Program; Christopher Dadlez, President/CEO St. Francis Hospital & Medical Center; Kurt Barwis, President/CEO, Bristol Hospital; Paige Armstrong, Third Year Medical Student, UConn; Irene Engle, Patient; Deborah Chernoff, Communications Director, New England Health Care Employees Union, Dist. 1199; Dr. Marc Lalande, Director, Professor, Chair, Dept. of Genetics & Developmental Biology, UConn Stem Cell Institute; Permanent Commission on The Status of Women; and Dr. Carolyn Runowicz, Gyn Oncologist, Director, Carole & Ray Neag Comprehensive Cancer Center, UConn Health Center. Testifying in opposition to the bill were William J. Boucher, President, Connecticut Police & Fire Union; and Jean Morningstar, President, University Health Professionals Union. 61 The Higher Education and Employment Advancement Committee passed the bill by a vote of 16 to 4 and the no votes were Sen. Musto (D-Trumbull), Sen. Debicella (R-Shelton), Rep. Dillon (D-New Haven), and Rep. Noujaim (R-Waterbury). The Higher Education and Employment Advancement Committee sent the bill to the House. The House referred the bill to the Finance, Revenue and Bonding Committee. Finance passed the bill by a unanimous vote. In the House, House Amendment ‘A’ was offered that replaces the original bill (File 209), which required the Department of Higher Education to study issues concerning the UCHC facilities plan. The House adopted House Amendment ‘A’ and passed the bill as amended by a vote of 109 to 34. The following is the roll call vote: Y ABERCROMBIE Y ALDARONDO Y ARESIMOWICZ Y HEINRICH Y ROBLES Y GIBBONS HENNESSY Y ROJAS Y GIEGLER Y HEWETT Y ROLDAN AYALA Y HOLDER-WINFIELD Y ROY BACKER Y HORNISH Y RYAN, K. Y BARAM Y HURLBURT Y SANTIAGO X HOVEY Y BARRY Y JANOWSKI Y SAYERS X HOYDICK Y BARTLETT JARMOC Y SCHOFIELD N HWANG Y BERGER JOHNSON, S. Y SERRA N KLARIDES Y BOUKUS JOHNSTON, S.T. Y SHAPIRO N LABRIOLA Y BUTLER Y JUTILA Y SHARKEY Y BYE Y KEHOE Y SPALLONE N MILLER, L. Y CANDELARIA, J. LAMBERT Y STAPLES N MINER Y LARSON Y TABORSAK N NOUJAIM CLEMONS Y LAWLOR N CONROY Y LEONE Y TERCYAK N PERILLO N CONWAY Y LESSER Y THOMPSON N PISCOPO COOK Y LEWIS Y TONG N REBIMBAS X DARGAN Y LYDDY Y URBAN N DAVIS Y MAZUREK Y VILLANO N DILLON X MCCRORY Y WALKER Y SAWYER Y DREW X MEGNA Y WIDLITZ Y SCRIBNER Y ESPOSITO Y WILLIS N X CARUSO Y Y Y N N Y N N Y MERRILL N 62 TALLARITA N Y GIULIANO HAMZY N Y HETHERINGTON LEGEYT Y O'NEILL Y RIGBY N N ROWE STRIPP N ESTY N MIKUTEL Y WRIGHT, C. Y WILLIAMS Y WOOD Y DONOVAN (SPKR) Y FAWCETT Y MILLER, P. Y WRIGHT, E. Y FLEISCHMANN Y MIOLI Y ZALASKI Y FLEXER Y MORIN Y FONTANA Y MORRIS Y FOX MOUKAWSHER Y ALBERTS Y AMAN, W. N N FRITZ Y MUSHINSKY GENGA Y NAFIS GENTILE Y NARDELLO Y GERAGOSIAN Y NICASTRO Y GIANNAROS Y O'BRIEN Y CANDELORA, V. Y ALTOBELLO (DEP) Y GONZALEZ Y OLSON Y CARSON Y GODFREY (DEP) Y GRAZIANI Y PERONE CHAPIN Y KIRKLEY-BEY (DEP) Y GREEN, K. Y REED X COUTU Y MCCLUSKEY (DEP) GROGINS Y REEVES Y O'CONNOR (DEP) X FLOREN Y ORANGE (DEP) FREY Y O'ROURKE (DEP) Y N N Y GUERRERA Y HAMM N Y N Y CAFERO N N N REYNOLDS RITTER BACCHIOCHI Y CAMILLO D'AMELIO The Senate adopted House Amendment ‘A’. Sen. Debicella (R-Shelton) offered Senate Amendment ‘A’ that would have eliminated the authorization of $207 million in General Obligation (GO) bonds and removed the General Fund cost of $315.7 million in principal and interest payments over 20 years. The Senate rejected Senate Amendment ‘A’ by a vote of 9 to 23. The following is the roll call vote: Y A N 1 JOHN W. FONFARA N 19 EDITH G. PRAGUE N 2 ERIC D. COLEMAN N 20 ANDREA STILLMAN N 3 GARY D. LEBEAU N 4 MARY ANN HANDLEY N 5 JONATHAN HARRIS N 6 DONALD J. DEFRONZO 7 JOHN A. KISSEL 8 KEVIN WITKOS N 9 PAUL DOYLE Y 21 DAN DEBICELLA N 22 ANTHONY J. MUSTO A 23 EDWIN A. GOMES Y 24 MICHAEL A. MCLACHLAN N 25 BOB DUFF Y A 63 26 TONI BOUCHER 27 ANDREW J. MCDONALD N 10 TONI N. HARP A Y N 11 MARTIN M. LOONEY N 29 DONALD E. WILLIAMS, JR. N 12 EDWARD MEYER N 30 ANDREW W. RORABACK N 13 THOMAS P. GAFFEY N 31 THOMAS A. COLAPIETRO 14 GAYLE SLOSSBERG Y N 15 JOAN V. HARTLEY Y 28 JOHN MCKINNEY 32 ROBERT J. KANE N 33 EILEEN M. DAILY 16 SAM CALIGIURI Y N 17 JOSEPH J. CRISCO, JR. 34 LEONARD FASANO N 35 ANTHONY GUGLIELMO N 18 ANDREW MAYNARD Y 36 L. SCOTT FRANTZ Sen. McKinney (R-Southport) then offered Senate Amendment ‘B’ that specified that the $25 million in UConn 2000 bond funds that are intended to be spent on planning and design for the new patient tower may only be spent if: 1) the required federal, private or non-state $100 million had been received in full; and 2) the State bond Commission allocated the funds for the UConn health network initiatives. The Senate rejected Senate Amendment ‘B’ by a vote of 12 to 22 along party lines. Sen. McKinney (RSouthport) then offered Senate Amendment ‘C’ that reduced the amount of General Obligation (GO) bonds authorized for the UConn Health Center project by $53.5 million and increased the amount of non-state money required for the project by $53.5 million. The Senate rejected Senate Amendment ‘C’ by a vote of 9 to 25. The following is the roll call vote: A N 1 JOHN W. FONFARA N 19 EDITH G. PRAGUE N 2 ERIC D. COLEMAN N 20 ANDREA STILLMAN 3 Y GARY D. LEBEAU Y 21 DAN DEBICELLA N 4 MARY ANN HANDLEY N 22 ANTHONY J. MUSTO N 5 JONATHAN HARRIS N 23 EDWIN A. GOMES N 6 DONALD J. DEFRONZO 7 JOHN A. KISSEL N 8 KEVIN WITKOS N 9 PAUL DOYLE Y 24 MICHAEL A. MCLACHLAN N 25 BOB DUFF Y 26 TONI BOUCHER N 27 ANDREW J. MCDONALD N 10 TONI N. HARP Y 28 JOHN MCKINNEY N 11 MARTIN M. LOONEY N 29 DONALD E. WILLIAMS, JR. N 12 EDWARD MEYER N 30 ANDREW W. RORABACK 64 N 13 THOMAS P. GAFFEY A N 31 THOMAS A. COLAPIETRO 14 GAYLE SLOSSBERG Y N 15 JOAN V. HARTLEY Y 32 ROBERT J. KANE N 33 EILEEN M. DAILY 16 SAM CALIGIURI Y N 17 JOSEPH J. CRISCO, JR. 34 LEONARD FASANO N 35 ANTHONY GUGLIELMO N 18 ANDREW MAYNARD Y 36 L. SCOTT FRANTZ The Senate passed the bill as amended by House Amendment ‘A’ by a vote of 28 to 7 in concurrence with the House. The following is the roll call vote: Y 1 JOHN W. FONFARA Y 19 EDITH G. PRAGUE Y 2 ERIC D. COLEMAN Y 20 ANDREA STILLMAN Y 3 GARY D. LEBEAU Y 4 MARY ANN HANDLEY Y 22 ANTHONY J. MUSTO Y 5 JONATHAN HARRIS Y 23 EDWIN A. GOMES Y 6 DONALD J. DEFRONZO N 21 DAN DEBICELLA N 24 MICHAEL A. MCLACHLAN N 7 JOHN A. KISSEL Y 25 BOB DUFF Y 8 KEVIN WITKOS Y 26 TONI BOUCHER Y 9 PAUL DOYLE Y 27 ANDREW J. MCDONALD Y 10 TONI N. HARP Y 11 MARTIN M. LOONEY Y 29 DONALD E. WILLIAMS, JR. Y 12 EDWARD MEYER Y 30 ANDREW W. RORABACK Y 13 THOMAS P. GAFFEY Y 31 THOMAS A. COLAPIETRO A N 28 JOHN MCKINNEY 14 GAYLE SLOSSBERG Y 15 JOAN V. HARTLEY Y 16 SAM CALIGIURI Y 17 JOSEPH J. CRISCO, JR. Y 18 ANDREW MAYNARD N 32 ROBERT J. KANE Y 33 EILEEN M. DAILY N 34 LEONARD FASANO Y 35 ANTHONY GUGLIELMO N 36 L. SCOTT FRANTZ Effective Date: Upon passage, except for the section on enterprise zones, which is effective July 1, 2010. HB5028 - AN ACT CONCERNING THE DEVELOPMENT OF THE CREATIVE ECONOMY. Passed. Awaiting Governor’s Signature 65 This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by nineteen legislators. It establishes a 22-member task force to study the creative economy in the state and, for five years beginning by February 1, 2011, annually report its findings and recommendations. The Task Force includes an appointment for CSUS. It also requires the Department of Economic and Community Development (DECD) to identify and analyze “creative clusters” in both its annual report and the state's economic strategic plan, which is submitted every five years. Lastly, it specifies that representatives from creative clusters are to make recommendations for certain curricular changes in the state's vocational-technical (V-T) schools and the community-technical colleges (CTC). Testifying in support of the bill at the public hearing were Mr. Michael P Meotti, Commissioner of Higher Education; David Fay, President and CEO, The Bushnell Center for the Performing Arts; Gail Coppage, State Director of Workforce Development, Connecticut Community Colleges; Michael J. Morand, Associate Vice President for New Haven and State Affairs, Yale University; Susan Talbott, Director and CEO, Wadsworth Athenaeum Museum of Art; Dr. Sheila Garvey, Dr Mark Kuss, Mr Larry Tomascak, Dr. Joseph Alan Ullian of Southern Connecticut State University; and James W Schmotter, President of Western Connecticut State University. The Higher Education and Employment Advancement Committee proposed substitute language that define terms, establish a task force, require the Commissioner of Economic and Community Development to submit a report to the Governor and General Assembly. It also added that the Office of Workforce Competitiveness, the Labor Commissioner, the Commissioners of Economic and Community Development, Education and Social Services, the Secretary of the Office of Policy and Management and the Chancellor of the regional community-technical colleges, in consultation with the superintendent of the vocational-technical school system and one member of industry representing each of the economic and creative clusters identified by the Commissioner of Economic and Community Development pursuant to section 32-1m, as amended by this act, shall (1) review, evaluate and, as necessary, recommend improvements for certification and degree programs offered by the vocational-technical school system and the community-technical college system to ensure that such programs meet the employment needs of business and industry, and (2) develop strategies to strengthen the linkage between skill standards for education and training and 66 the employment needs of business and industry. The Higher Education and Employment Advancement Committee passed the substitute bill by a unanimous vote. The Higher Education Committee sent the bill to the House. The House referred the bill to the Commerce Committee. Commerce recommended amending the language to add commerce committee chairs & ranking members to task force and add to the list of task force duties (a) inventory existing cultural & creative institutions. (b) explore how to expand cultural & creative economy in the state to produce more jobs. The Commerce Committee passed the bill by a vote of 14 to 4 and the no votes were Rep. Alberts (R-Woodstock), Rep. Noujaim (R-Waterbury), Rep. Stripp (RWeston), and Rep. Williams (R-Watertown). In the House, Rep. Willis (D-Lakeville) offered House Amendment ‘A’ that restated the definition of “creative cluster,” added a duty to the task force, changed the criteria for the member appointed by the labor commissioner, and removed a provision allowing legislators to serve on it. The House adopted House Amendment ‘A’. Rep. Willis then offered House Amendment ‘B’ that required DECD to use existing funds for its task force responsibilities. The House adopted House Amendment ‘B’. The House passed the bill as amended by House Amendment ‘A’ and ‘B’ by a unanimous vote. The Senate adopted House Amendments ‘A’ and ‘B’ and passed the bill as amended by a unanimous vote in concurrence with the House. Effective Date: October 1, 2010, except the formation of the task force is effective upon passage. HB5126 - AN ACT ESTABLISHING A CHEMICAL INNOVATIONS INSTITUTE AT THE UNIVERSITY OF CONNECTICUT. Passed. Awaiting Governor’s Signature This bill was introduced by the Environment Committee and co-sponsored by forty five legislators. It creates a Chemical Innovations Institute within the University of Connecticut Health Center (UCHC) and specifies the composition of its board of directors. The institute must (1) foster green job growth and safer workplaces through clean technology and green chemistry and (2) assist businesses, state agencies, and nonprofit organizations seeking 67 to use alternatives to harmful chemicals. The institute and UCHC must also seek administrative funding from federal entities. Both may seek funding from nongovernmental foundations, including health access foundations, private citizens, corporations, and governmental entities. The bill does not require UCHC to develop, implement, and promote the institute if there is, in aggregate, insufficient federal, state, and private funding to pay for the initial and continuing expenses of the institute. Testifying in support of the bill at the public hearing were Dawn MaysHardy, American Lung Association; Pamela Puchalski, ConnectiCOSH; Ann Berman, Environmental Concerns Coalition; Joyce Acebo~Raguskus, Environmental Concerns Coalition; Grace Hvasta-Petrarca; Martha Kelly, Connecticut Coalition for Environmental Justice; Loyola Welsh, CEUI, SEIU Local 511; Gretchen Raffa, Planned Parenthood of Southern New England; Cato Laurencin, Vice President of Health Affairs, UConn School of Medicine; Martin Mador, Connecticut Sierra Club; Anne Hulick, Connecticut Nurses' Association; Chris Phelps, Environment Connecticut; Thomas Swarr, Sustainability by Design, LLC; Tim Morse, Ph.D., UConn Health Center; Andrew May, resident of Hartford; Jennifer Hatch, ConnPIRG; Lisa Ryan-Boyle, resident of Darien; Laura Anderson, resident of Wethersfield; Carolyn Wysocki, President of Ecological Health Organization, Inc; Toby Cone, executive board member of the Children's Environmental Health Center at Mount Sinai Hospital, New York; Susan Bysiewicz, Connecticut Secretary of State; Sarah Uhl, Clean Water Action; Erika Correa, The Learning Disabilities Association of Connecticut; Sue Harkness, Conversations for a Green Connecticut; Moses Boone, resident of New Haven; Renee Centore-Kelly, resident of Enfield; Alison Barria, student at Fairfield University School of Nursing; State Representative Lonnie Reed, Branford; Carolyn Stearns, resident of Mansfield; Phil Sherwood, CCAG; Andrea Cohen Kiener, Interreligious Eco-Justice Network; Dr. Mark Mitchell, CT Coalition for Environmental Justice; and Daniel Csuka, Connecticut Public Health Association. Eric Brown, Connecticut Business and Industry Association, testified in opposition to the bill. The Environment Commmittee passed the bill by a vote of 26 to 2 and the no votes were Rep. Moukawsher (D-Groton) and Rep. Piscopo (RThomaston). The Environment Committee sent the bill to the House. The House referred the bill to the Higher Education and Employment Advancement Committee. Higher Education passed it by a unanimous vote. 68 The House then referred the bill to the Appropriations Committee. Appropriations passed the bill by a vote of 42 to 5 and the no votes were Rep. Miner (R-Litchfield), Sen. Caligiuri (R-Waterbury), Sen. Frantz (RRiverside), Rep. Kirkley-Bey (D-Hartford), and Rep. O’Neill. In the House, Rep. Roy (D-Milford) offered House Amendment ‘A’ that eliminates the provision prohibiting the institute from lobbying. The House adopted House Amendment ‘A’ and passed the bill as amended by a vote of 140 to 1 and the no vote was Rep. Piscopo (R-Thomaston). The Senate adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the House. Effective Date: Upon passage HB5164 - AN ACT IMPLEMENTING THE RECOMMENDATION OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING THE ALIGNMENT OF POSTSECONDARY EDUCATION AND EMPLOYMENT IN THE GREEN INDUSTRY. Passed. Awaiting Governor’s Signature This bill was introduced by the Program Review and Investigations Committee and co-sponsored by nine legislators. It requires higher education institutions in Connecticut to publicize green technology initiatives in higher education and to collaborate in furthering these initiatives. The bill requires the Department of Higher Education (DHE), in consultation with the Department of Education, to develop annually and publish on its website (1) a list of every green jobs course and academic program in a public higher education institution or a regional vocationaltechnical school in the state and (2) an inventory of green jobs-related equipment in these schools. Additionally, the bill requires the CommunityTechnical Colleges Board of Trustees (CTC) to have uniformly named green jobs academic programs in the CTC. The bill also requires institutions to share equipment and to hold meetings to explore possible ways to collaborate on green initiatives, and it requires public higher education institutions to support efforts to develop career ladders in the green technology industry. Testifying in support of the bill at the public hearing were the Department of Higher Education; Connecticut State University System; University of Connecticut; State of CT Employment and Training Commission (CETC); CT Business and Industry Association (CBIA); Sierra Club CT Chapter; CT 69 Association for Human Services (CAHS); CT Women's Education and Legal Fund (CWEALF); and Independent Electrical Contractors of New England (IEC). The Program Review and Investigations Committee proposed substitute language that required the annual list of green courses, certificates, degrees and equipment to be publicized on the DHE web site. The PR&I Committee passed the substitute bill by a unanimous vote. The bill was sent to the House. The House referred it to the Higher Education and Employment Advancement Committee and then to the Education Committee. Both committees passed the bill by unanimous votes. In the House, Rep. Mushinsky (D-Wallingford) offered House Amendment ‘A’ that defined “green technology” and “green job” and made technical changes. The House adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote. The Senate adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote in concurrence with the House. Effective Date: October 1, 2010 HB 5286 - AN ACT CONCERNING LICENSURE OF MASTER AND CLINICAL SOCIAL WORKERS. Passed. Vetoed by Governor. The licensure bill ended up passing with a week to go in the session. The bill as it passed creates basic functions of the Department of Public Health licensure for master social workers through a number of revisions. It establishes licensure requirements and sets fees for initial licenses and renewals, defines the practice of a master social worker, allows for licensure by endorsement or licensure without examination in certain cases, provides for one-time temporary permits to practice, allows independent practice for a limited time, specifies activities certain master social workers can do, and establishes continuing education requirements. The one issue that brought expressions of concern from Department of Administrative Services (DAS) and Office of Policy and Management (OPM) was the exemption of state employees who provide clinical social work from the new license requirement. NASW/CT decided to remove the state exemption. DAS indicated with this change they would not be testifying on the bill at all. Licensed professional counselors had expressed concern that they were not listed among the groups who could supervise master level social workers when they offer a mental health diagnosis. There was some confusion last 70 year about whether or not these health care professionals could make a diagnosis and therefore would be appropriate to supervise in this capacity. Further investigation confirmed they are able to make such a diagnosis. They actually added diagnosis to their scope of practice in the Public Health Revisions Bill, SB 428 which passed this session. It was agreed to add Licensed Professional Counselors to the people who can supervise master level social workers when they offer a mental health diagnosis. The last change was to remove registered nurses from the definition of professional supervision however, it left in Advanced Practice Registered Nurses. It was felt that registered nurses were not appropriate supervisors for a mental health professional providing clinical social work services. Sen. Kane (R- Stratford) who had filibustered the bill on the final night of the last session, killing the bill so there were similar concerns. He had been appointed to the Public Health Committee for the first time. It was clear that there were plenty of votes to pass the bill and the bill was raised at the third meeting of the Public Health Committee. A public hearing was held. Testifying in support of the bill’s underlying concept of multi-licensure were Stephen A. Karp, NASW; Professor George Appleby, Southern Connecticut State University; Professor Lirio K. Negroni, UCONN School of Social Work, Paula Crombie, Dept. of Social Work Yale-New Haven Hospital; Sarah Petela, MSW student and Guay Chatfield, LCSW. Wendy Furniss of DPH submitted testimony on the bill and stated, “The current proposal requires the DPH to implement a licensing program if funds are available. DPH will not be able to implement the program unless additional funds are provided. DPH also requests few technical changes to the bill. LCSW Susan McKinley was the only person/organization to submit testimony in opposition to the bill stating, “The bill relaxes previously established professional standards. It allows a new MSW (Master of Social Work) to provide clinical work simply because of an exam.” The Chairs of the Public Health Committee provided substitute language for the bill which made a few technical changes DPH had suggested. The language was adopted by the committee and the bill passed by a vote of 28-2 with nay votes cast by Sen. Debicella (R-Shelton) and Sen. Kane (RWatertown). The bill went to the House. We talked to Rep. Nafis (DNewington) and Rep. McCluskey (D)- West Hartford) who are both on the screening committee and ask them if the bill needed to go to Appropriations and to please call the bill early so we could avoid it being on the Senate calendar on the last day again. 71 The bill was sent to Appropriations which approved the bill on a vote of 510. Sen. Kane who is on the committee was absent that day but Sen. Debicella voted for the bill this time. The bill was sent back to the House. Opponents were still calling legislators including the Speaker and New Britain legislators asking them to oppose the legislation. The Speaker supported the bill passing without any amendments. The bill passed the House by a vote of 143-6 with the no votes cast by Rep. Green (D-Hartford), Rep. Kirkley-Bey (D-Hartford), Rep. Gonzalez (DHartford), Rep. Fritz (D-Yalesville), Rep. Johnston (D-North Groversdale) and Rep. Hetherington (R-New Canaan). The bill was sent to the Senate. The bill passed the Senate, in concurrence with the house, by a vote of 34-1 with the sole no vote casted by Sen. DeFronzo. The effective date was to be October 1, 2010. The bill was assigned Public Act 10-38 and was vetoed by the Governor. HB5349 - AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING A STRATEGIC PLAN AND COORDINATION FOR ALIGNMENT OF POSTSECONDARY EDUCATION AND EMPLOYMENT. Died. This bill was introduced by the Program Review and Investigations Committee and co-sponsored by seven legislators. It would have required the Office of Workforce Competitiveness (OWC) to identify workforce shortages and made recommendations concerning career pathways and skills needed to address these shortages. It required the state's constituent units of higher education to report on how their existing and proposed academic programs, including career pathways, address these shortages, and for the higher education commissioner to submit a consolidated report to the legislature containing this information. The bill also required the Department of Education (DOE) to electronically distribute information on teacher shortage areas to all higher education institutions that offer teacher preparation programs. Regarding accountability, the bill required (1) the state's constituent units of higher education to include results-based accountability measures in their annual accountability reports and (2) the Higher Education Coordinating Council to review the measures every five years to determine whether any measures need to be revised or eliminated. Lastly, the bill restated the goals of the state system of higher education. 72 Testifying in support of the bill at the public hearing were The Department of Higher Education; Office of the Provost from the University of Connecticut; Connecticut Conference of Independent Colleges; Connecticut Women's Education and Legal Fund; and the Connecticut Association of Human Services. The Program Review and Investigations Committee proposed substitute language that addressed the recommendations of the testimony at the public hearing. It required a progress report be submitted by the board on progress made in developing the plan, extended the date in which the completed plan must be submitted, and extended the date when the first biennially report must be submitted on the plan's implementation status. It also kept seven existing goals that the board must promote in developing higher education policy and transfered three additional goals from another section of the statute. The Program Review and Investigations Committee passed the substitute bill by a unanimous vote. The PR&I Committee sent the bill to the House. The House referred the bill to the Higher Education and Employment Advancement Committee and then the Education Committee. Both committees passed the bill by unanimous votes. In the House, Rep. Willis (D-Lakeville) and Rep. Mushinsky (D-Wallingford) offered House Amendment ‘A’ that removed provisions that had repealed a blue ribbon commission and transferred its responsibility for developing a strategic master plan to the Board of Governors of Higher Education (BOG). It also added reporting requirements for the state's constituent units of higher education to identify how they are addressing workforce shortages. The House adopted House Amendment ‘A’ and passed the bill as amended by a unanimous vote. The bill died in the Senate with no action. HB 5350- AN ACT CONCERNING LICENSURE AND CERTIFICATION CREDITS FOR MILITARY TRAINING. Passed. Awaiting Governor’s Signature. This bill requires state agencies or boards that issue licenses or certificates requiring professional training, schooling, or apprenticeship to provide credits or exemption requirements toward licensure or certification for applicants who received applicable training, schooling, or experience while serving in the armed forces. It prohibits the agencies from requiring applicants to repeat any substantively similar training or schooling required 73 for licensure or certification. The bill requires that credits or exemptions granted towards licenses or certificates awarded by the state's higher education constituent units be granted in a manner consistent with (1) guidelines established by the American Council on Education, (2) the institutions' transfer credit policies, and (3) federal regulations (38 CFR §§ 21. 4253 and 21. 4254). The bill defines the “armed forces” as the U. S. Army, Navy, Marine Corps, Coast Guard, and Air Force and reserve components, including the Connecticut National Guard and state militia. *House Amendment “A” adds the terms under which credits or exemptions must be granted for credentials from higher education institutions. Effective Date: October 1, 2010 HB5367 - AN ACT CONCERNING VETERAN TUITION WAIVERS. Died. This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by Rep. Flexer (D-Danielson). It would have clarified the definition of "service in time of war" for purposes of the tuition waivers offered to veterans. The Higher Education and Employment Advancement Committee held a public hearing and then the bill died with no further action. HB5368 - AN ACT CONCERNING NO WORKER LEFT BEHIND. Died. This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by Rep. Miller (R-Stratford) and Sen. Looney (D-New Haven). It would have required the boards of trustees of UConn, the Connecticut State University System (CSUS), and the community college system to waive up to $5,000 of tuition per year, for up to two years, for eligible individuals who enroll, by July 1, 2012, in a degree or occupational certificate program in (1) high demand fields, (2) emerging industries, or (3) entrepreneurship programs. The bill did not define these fields, industries, or programs; but specified that regional workforce development boards must have helped eligible individuals identify the high demand fields, emerging industries, and entrepreneurship programs in their region. To be eligible for a tuition waiver, an individual must have (1) been a Connecticut resident; (2) been unemployed, have received a termination 74 notice, or have a gross family income of no more than $40,000; (3) been at least eighteen years old and have graduated from high school before July 1, 2008; and (4) not have been enrolled as a full-time student at a higher education institution before July 1, 2010. Individuals who did not earn a degree or certificate within four years must have repayed the waived tuition. The bill also added the tuition waivers for these programs to the category of tuition waivers for which the boards of trustees of UConn, the CSUS, and the community college system are reimbursed through an appropriation. By law, the boards of trustees are reimbursed for the amount by which certain statutorily-mandated tuition waivers exceed a specific percentage of tuition revenue. This percentage is 2.5% for UConn and the CSUS and 5% for the community college system. The boards of trustees must have requested an appropriation for this purpose based on an estimate of tuition revenue loss using tuition rates for the fiscal year in which the appropriation would have applied. Testifying in support of the bill at the public hearing were Representative Denise Merrill; Senator Martin M Looney; Connecticut Department of Higher Education; Marc S. Herzog, Chancellor for Connecticut Community Colleges; Representative Chris Perone; Jude Carroll, Director, Connecticut KIDS COUNT Project of the Connecticut Association for Human Services; Lori J Pelletier, Secretary Treasurer, Connecticut AFL-CIO; Jesmin K Basanti, Staff Attorney, CBIA; John Harrity, Director of GrowJobsCT; Frank Kuchinski, Poulsen Hybrid LLC; John Meyers, Consultant; Dr. Alice Pritchard, Executive Director, Connecticut Women's Education and Legal Fund, Campaign for a Working Connecticut; and Roger Reynolds, Senior Attorney, CT Fund for the Environment. David G. Carter, Chancellor of the Connecticut State University System stated that he understands the difficult economic conditions people are currently struggling with but has significant concerns regarding how much money this program would require yet may be blunted by other need-based assistance. The Higher Education and Employment Advancement Committee passed the bill by a unanimous vote and sent it to the House. The bill died in the House with no action taken. HB 5435 - AN ACT CONCERNING THE RECOMMENDATIONS OF THE MAJORITY LEADERS’ JOB GROWTH ROUNDTABLE. Passed. Awaiting Governor’s Signature. 75 This Act authorizes programs and policies for establishing or expanding businesses and creating jobs. It authorizes tax credits for investing in new and expanding businesses and pre seed capital for those developing new concepts. It also phases out existing Insurance Reinvestment Act tax credit program, which authorizes credits for investing only in insurance businesses, and replaces it a new version authorizing similar credits for insurers investing in many different types of businesses. The Act authorizes financial and technical assistance for established businesses. Specifically, it authorizes loans and lines of credit for small businesses and funds them under an existing bond authorization. It also authorizes, tax credits for those hiring new employees, including those with disabilities. And it provides technical assistance for all businesses seeking foreign markets for their goods and services. Further, the Act directs the Community-Technical Colleges to develop training programs preparing unemployed people meet job needs. It also creates a council to continuously identify and assess the state's strategic business clusters and recommend policies addressing their needs. It also provides authorizes bonds for the existing mortgage crisis job training program. The Act authorizes financial incentives and technical assistance for businesses developing alternative energy technologies and Connecticut students seeking jobs in those and other technology fields. The Act establishes a task force to boost government efficiency and eliminate waste. The Act sunsets the tax credits for (1) donating computers to public and private schools (CGS § 10-228b), (2) constructing new facilities housing financial institutions (CGS § 12-217u), and (3) paying Small Business Administration guaranty fees (CGS § 12-217cc). It repeals these credits upon passage for income years beginning on or after January 1, 2014. *House Amendment “A” replaces the original version of the bill, but retains many of its elements. It retains provisions authorizing pre seed funding, angel credits, the waste reduction task force, and expands MAA assistance. It also substitutes a similar version of an investment tax credit. The amendment drops the original bill's provisions: 1. placing an angel investor on Connecticut Innovation, Inc.s' board of directors, 2. authorizing matching funds for federal Small Business Innovation Research grants, 3. requiring CII to market Connecticut as a place of innovation, placing the DECD commissioner on two energy policy advisory boards, 4. using school construction grants to make energy improvements, 5. extending the existing job creation tax credits to S corporations and partnerships, 6. shutting down completely the Insurance Reinvestment Act tax credits, and 7. repealing several existing tax credits. 76 *House Amendment “B” requires existing insurance reinvestment act funds to meet investment targets before investors can claim credits and makes other minor and technical changes. Effective Dates: Various Dates HB5498- AN ACT CONCERNING STATE CONTRACTS FOR MICRO BUSINESSES, UTILITY DEPOSITS FOR CONNECTICUT BUSINESSES AND THE CREATION OF A SMALL BUSINESS RECOVERY PROGRAM. Passed. Awaiting Governor’s Signature. This bill provides several forms of assistance to smaller businesses. It requires Public Works Department (DPW) selection panels to consider whether a business has annual gross revenues under $3 million in deciding which consultants are pre-qualified to work on projects; prohibits a utility company, other than a telephone company, from requiring nonresidential customers to pay a deposit greater than the amount the company charges for 1.5 months of service; requires the Public Utility Control Department (DPUC) to study utilities' use of service deposits from nonresidential customers; permits the Transportation Department (DOT) to set aside contracts or portions of contracts for very small businesses; opens participation in the microloan program to regional revolving loan funds, and allows the Department of Economic and Community Development (DECD) commissioner to North American Industrial Classification Code designations in place of those in the older Standard Industrial Classification Code when issuing eligibility certificates for tax credits and exemptions and grants under the Job Incentive Grant and Urban, Enterprise Zone, and Industrial Site Reinvestment programs. Effective Date: July 1, 2010, except for the provisions related to utilities, the microloan program, and the North American Industrial Classification Code, which take effect on passage. HB 5500- AN ACT CONCERNING THE OFFICE OF SMALL BUSINESS AFFAIRS AND ESTABLISHING THE SMALL BUSINESS ADVISORY BOARD. Passed. Awaiting Governor’s Signature. This bill requires the Department of Economic and Community Development (DECD) commissioner to appoint and convene a Small 77 Business Advisory Board to advise the department about resources available to small businesses. At a minimum, the board must include seven members: the DECD commissioner and representatives of a manufacturing and business association, a chamber of commerce, an economic development entity, the Connecticut Economic Resource Center, and Connecticut Center for Advanced Technology, Inc. The board members each serve five-year terms. They must meet by December 31, 2010 and at least annually after that. The bill also expands the duties of DECD's Small Business Affairs Office, which currently include running a small business development center and administering any business management program the commissioner establishes. The bill additionally requires the office to: 1. provide a single contact point for small businesses seeking financial and technical assistance from state and quasi-public agencies, 2. coordinate all state small business revolving loan funds, and 3. establish an informational webpage listing all small business resources with appropriate links. The office must establish the webpage with the commissioner's cooperation and within available appropriations. It must also post the resources and links in a conspicuous place on DECD's website and update the information quarterly. Beginning February 1, 2011, the bill requires the office to summarize all available small business programs and activities and include the summary in DECD's comprehensive annual report. Lastly, the bill makes a technical correction to the law specifying the Small Business Affairs Office's duties. Current law assumes that DECD runs the Small Business Development Center program and requires the office to administer it. In practice, the federal Small Business Administration administers the program, which funds regional centers that provide comprehensive technical assistance to new and existing small businesses. The program currently funds five centers in Connecticut, including one housed in DECD. The bill changes the statute to reflect this arrangement by specifying that the office must administer at least one regional center housed within DECD. It also requires the office to coordinate with the center's director the flow of information within the program. 78 Effective Date: Upon passage, except for the provision establishing the advisory board, which is effective July 1, 2010. HB5513 - AN ACT CONCERNING INVESTIGATION OF DUPLICATION IN STATE GOVERNMENT. Died. This bill was introduced by the Government Administration and Elections Committee. It would have substituted the gender-neutral noun in the statute on the governor's investigative authority. There was no testimony give at the committee’s public hearing. The Government Administration and Elections Committee passed the bill by a unanimous vote and sent it to the House. The bill died in the House with no action taken. C. SECONDARY EDUCATION REFORM HB5425 - AN ACT CONCERNING SPECIAL EDUCATION. Passed. Awaiting Governor’s Signature. The bill was introduced by the Education Committee and co-sponsored by thirty three legislators. We talked to all the members of the Education Committee before and after the public hearing to ensure that there were enough votes to pass the legislation. The Office of Legislative Research’s description of the bill that passed was: “Starting July 1, 2012, the bill requires school districts to use only behavior analysts licensed or certified in accordance with its requirements to provide applied behavior analysis for students with autism spectrum disorders who require the services (1) according to a special education individualized education program (IEP) or (2) under an educational plan established under section 504 of the federal Rehabilitation Act of 1973. The bill also establishes standards for people who may provide applied behavioral analysis services if the education commissioner finds there are not enough licensed or certified personnel available. The bill also revamps the Advisory Council for Special Education by: 1. reducing its statutorily specified 79 membership from 37 to 30 and updating those members' qualifications; 2. requiring appointees to reflect the ethnic and racial diversity and types of disabilities found in the state; 3. requiring the terms of all current council members to expire on June 30, 2010; 4. requiring that, for terms starting July 1, 2010, the appointees of the commissioners of education, developmental services, and children and families serve initial terms of three years and thereafter serve the same two-year terms as the other appointees.” Unfortunately the bill as it was introduced by the Education Committee included a section that changed the burden of proof in special education hearings. All of the people who supported section 2 of the bill opposed the change in burden of proof so we had to be clear our message was please support section 2 and oppose section 3 of HB 5425. According to the report of Education Committee, testifying at the public hearing or submitting testimony in support of our section of the bill were Richard Blumenthal, Attorney General, State of Connecticut; Mark K. McQuillan, Commissioner of Education; Robyn Kaplan-Cho, Connecticut Education Association (CEA); Elizabeth C. Nulty, MS, BCBA, Secretary, CT Association for Behavior Analysis; Steve Eversole, Ed.D., BCBA-D; Jill E. Castellani, M.S., BCBA; Jennifer L. McCormick, M.S., ED, BCBA; Julie Swanson, Durham, CT; Shannon Knall, Connecticut Advocacy Chair, Autism Speaks; and many others. The Committee also received a lot of letters in support. Testifying in opposition to parts of the bill especially the part about burden of proof and a few of these people expressed concerns about our section were Brenda J. Sullivan, Chair, Connecticut State Advisory Council on Special Education; James D. McGaughey, Executive Director, Office of Protection and Advocacy for Persons with Disabilities; Dr. Reginald Mayo, Superintendent of New Haven Public Schools; Miriam Morales-Taylor, Assistant Superintendent for Learning Support Services, Hartford Public Schools; Joan McNulty, MS, CCC-S, Mary-Ellen Johnson, President, Connecticut Occupational Therapy Association (ConnOTA); CT Speech-LanguageHearing Association (CSHA); Kachina Walsh-Weaver, Connecicut Conference of Municipalities (CCM); Christina D. Ghio, Esq. Windsor, CT; Christopher Lent, Columbia, CT; Andrea Cancellieri, Greenwich, CT; and others. The Education Committee proposed substitute language that removed two sections that many of those who testified in opposition to the bill were opposed to- section 3 which shifted the burden of proof in a special education hearing from the school district to the party requesting the special 80 education hearing and section 4: a special education funding change. The Education Committee passed the substitute bill by a unanimous vote. The Education Committee sent the bill to the House. OFA agreed to make the case that the liability incurred by a municipality when they hire unqualified people to provide services for their children would offset any cost of hiring qualified people. The Legislative Commissioner’s Office put new proposed language into an amendment. The House referred the bill to the Appropriations Committee. The Appropriations Committee passed the bill by a vote of 48 to 1 and the no vote was Rep. Perillo (R-Shelton). Though the Chair of a committee usually brings out a bill from that committee Rep. Fleischmann allowed Rep. Abercrombie to bring this bill out. She offered House Amendment Schedule ‘A’ that (1) specified that a teacher or paraprofessional may implement the behavior analysis services under the supervision of a licensed or certified person; (2) increased the revised membership of the Special Education Advisory Council from 29 to 30 by adding an additional, nonvoting legislator member appointed by the House speaker; and (3) made technical changes. The House adopted House Amendment Schedule ‘A’ by a vote of 113 to 28. The following is the roll call vote: Y ABERCROMBIE Y HEINRICH Y ALDARONDO Y HENNESSY Y ARESIMOWICZ Y AYALA X BACKER X HEWETT Y ROBLES X ROJAS Y ROLDAN N GIBBONS N GIEGLER Y GIULIANO Y HOLDER-WINFIELD Y ROY N HAMZY Y HORNISH Y RYAN, K. N HETHERINGTON Y BARAM Y HURLBURT Y SANTIAGO N HOVEY Y BARRY Y JANOWSKI Y SAYERS N HOYDICK Y BARTLETT Y JARMOC Y SCHOFIELD Y BERGER Y JOHNSON, S. Y SERRA N KLARIDES Y BOUKUS Y JOHNSTON, S.T. Y SHAPIRO N LABRIOLA Y BUTLER Y JUTILA Y SHARKEY N LEGEYT Y BYE X KEHOE Y SPALLONE N MILLER, L. Y CANDELARIA, J. N MINER Y LAMBERT X STAPLES 81 Y HWANG X CARUSO Y LARSON Y TABORSAK N NOUJAIM Y CLEMONS Y LAWLOR Y TALLARITA N O'NEILL Y CONROY Y LEONE Y TERCYAK N PERILLO Y CONWAY Y LESSER Y THOMPSON N PISCOPO Y COOK Y LEWIS Y TONG N REBIMBAS Y DARGAN Y LYDDY Y URBAN Y DAVIS Y MAZUREK Y VILLANO N ROWE Y DILLON Y MCCRORY Y WALKER N SAWYER Y DREW Y MEGNA Y WIDLITZ N SCRIBNER Y ESPOSITO X MERRILL Y WILLIS N STRIPP Y ESTY Y MIKUTEL Y WRIGHT, C. Y FAWCETT Y MILLER, P. Y WRIGHT, E. Y FLEISCHMANN Y MIOLI Y ZALASKI Y FLEXER Y MORIN Y FONTANA Y MORRIS Y FOX Y ALBERTS Y FRITZ Y MUSHINSKY Y GENGA Y NAFIS Y BACCHIOCHI Y GENTILE Y NARDELLO Y CAFERO Y GERAGOSIAN Y NICASTRO N CAMILLO Y GIANNAROS Y O'BRIEN N CANDELORA, V. Y GONZALEZ Y OLSON Y GRAZIANI Y PERONE GREEN, K. Y REED Y GROGINS Y Y GUERRERA Y HAMM N Y RIGBY X WILLIAMS Y WOOD Y DONOVAN (SPKR) Y ALTOBELLO (DEP) Y GODFREY (DEP) CHAPIN Y KIRKLEY-BEY (DEP) N COUTU Y MCCLUSKEY (DEP) REEVES N D'AMELIO Y O'CONNOR (DEP) Y REYNOLDS N FLOREN Y ORANGE (DEP) Y RITTER N FREY Y O'ROURKE (DEP) X MOUKAWSHER N AMAN, W. X CARSON Y The House passed the bill as amended by House Amendment Schedule ‘A’ by a vote of 126 to 14. The following is the roll call vote: 82 Y ABERCROMBIE Y HEINRICH Y ALDARONDO Y HENNESSY Y ARESIMOWICZ Y AYALA X BACKER X HEWETT Y ROBLES X ROJAS Y ROLDAN Y HOLDER-WINFIELD Y ROY Y HORNISH Y RYAN, K. Y GIBBONS Y GIEGLER Y GIULIANO N Y HAMZY HETHERINGTON Y BARAM Y HURLBURT Y SANTIAGO N HOVEY Y BARRY Y JANOWSKI Y SAYERS N HOYDICK Y BARTLETT Y JARMOC Y SCHOFIELD Y HWANG Y BERGER Y JOHNSON, S. Y SERRA Y KLARIDES Y BOUKUS Y JOHNSTON, S.T. Y SHAPIRO Y LABRIOLA Y BUTLER Y JUTILA Y SHARKEY Y LEGEYT Y BYE X KEHOE Y SPALLONE Y CANDELARIA, J. X CARUSO X STAPLES N MILLER, L. N MINER Y LAMBERT Y LARSON Y TABORSAK Y NOUJAIM Y O'NEILL Y CLEMONS Y LAWLOR Y TALLARITA Y CONROY Y LEONE Y TERCYAK N PERILLO Y CONWAY Y LESSER Y THOMPSON N PISCOPO Y COOK Y LEWIS Y TONG Y DARGAN Y LYDDY Y URBAN Y DAVIS Y MAZUREK Y VILLANO Y DILLON Y MCCRORY Y WALKER Y DREW Y MEGNA Y WIDLITZ Y ESPOSITO X MERRILL Y WILLIS Y ESTY Y MIKUTEL Y WRIGHT, C. Y FAWCETT Y MILLER, P. Y WRIGHT, E. Y FLEISCHMANN Y MIOLI Y ZALASKI Y FLEXER Y MORIN Y FONTANA Y MORRIS Y FOX X MOUKAWSHER Y ALBERTS Y FRITZ Y MUSHINSKY Y AMAN, W. Y GENGA Y NAFIS Y BACCHIOCHI Y GENTILE Y NARDELLO Y CAFERO 83 Y REBIMBAS X RIGBY N Y SAWYER N Y ROWE SCRIBNER STRIPP X WILLIAMS Y WOOD Y DONOVAN (SPKR) Y GERAGOSIAN Y NICASTRO N CAMILLO Y GIANNAROS Y O'BRIEN N CANDELORA, V. Y GONZALEZ Y OLSON Y GRAZIANI Y PERONE Y GREEN, K. Y REED Y GROGINS Y REEVES Y GUERRERA Y REYNOLDS Y HAMM Y RITTER Y ALTOBELLO (DEP) Y GODFREY (DEP) CHAPIN Y KIRKLEY-BEY (DEP) N COUTU Y MCCLUSKEY (DEP) N D'AMELIO Y O'CONNOR (DEP) FLOREN Y ORANGE (DEP) FREY Y O'ROURKE (DEP) X CARSON Y Y N It got to the last day of the Session and the bill had to be voted on by midnight. Finally at about 11:50 pm the consent calendar was called and 51 bills were put on the calendar including HB 5425.The Senate passed the bill as amended by House Amendment Schedule ‘A’ as the clock struck midnight. We are waiting a public act number and the Governor to sign the bill. Effective Date: Upon passage for the changes in the advisory council and July 1, 2010 for the applied behavior analysis provisions. SB438- AN ACT CONCERNING CHARTER SCHOOLS. Passed. Awaiting Governor’s Signature. This bill ended up becoming the major school reform bill. It combined SDE’s school reform proposals with the negotiated pieces of the Achievement Now bill. This bill effects the school readiness programs currently being operated and expanded by CSUS. It also makes changes to teacher certification requirements that may effect CSUS. The House had passed Achievement Now bill, HB5491- AN ACT CONCERNING CERTAIN SCHOOL DISTRICT REFORMS TO REDUCE THE ACHIEVEMENT GAP IN CONNECTICUT and was refusing to vote on the school reform bill, HB5165- AN ACT CONCERNING HIGH SCHOOL GRADUATION REQUIREMENTS until the Senate took up the Achievement Now bill. The compromise was the Senate took this bill up which was now essentially HB 5491 or school reform and added the language from HB5165, the achievement now bill, and send it to the House. Needless to say these bills were the subject of hours of negotiations between interested parties. The Black and Puerto Rican caucus 84 wanted the Achievement Now bill; others including the teacher unions had serious concerns about the bill. It was not until right before the school reform bill was to be voted on in the Senate did we begin to see drafts that included all the provisions. It expanded the entities eligible for state funding to provide professional development services, technical assistance, and evaluation activities to local and regional boards of education, state charter schools, vocational-technical schools, school readiness providers, and other educational entities, as the education commissioner determines. These grants to provide such services had been reserved for only RESCs. We worked with the lobbyist for the RESCs to find out where this language had originated and whether this was something that was negotiable but in the end, this bill had so many parts the Chairs were not willing to talk about changes at this point. This bill was introduced by the Education Committee and co-sponsored by twenty three legislators. In its original form, this bill aimed to remove fiscal restrictions that limit the State Board of Education's ability to grant charters to local and state charter schools; to eliminate the enrollment cap of eightyfive students per grade for state charter schools that have demonstrated a record of achievement; to extend the Commissioner of Education's authority to provide grants to state charter schools for capital expenses; and to increase the per pupil grant to districts receiving open choice program students. This bill effects the school readiness programs currently being operated and expanded by CSUS. It also makes changes to teacher certification requirements that may effect CSUS. In its final form, it makes numerous changes to state education laws including: 1. setting higher standards to receive a high school diploma, including increasing the minimum credits necessary to graduate from 20 to 25, starting with the graduating class of 2018; 2. requiring the State Department of Education (SDE) to provide grants, within available appropriations, beginning in FY 13 to assist school districts with the new standards; 3. giving the State Board of Education (SBE) the power, without first seeking legislative approval, to reconstitute a local or regional board of education that, after being designated as a low-achieving district, fails for two consecutive years to make adequate progress; 4. requiring (a) the SBE to develop, by July 1, 2013, guidelines for teacher evaluations that include student academic growth and (b) local district evaluations to be consistent 85 with the guidelines; 5. requiring the SDE to expand the public school information system, by July 1, 2013, to track and report to school boards data on performance growth by students, teachers, schools, and school districts; and 6. giving school authorities explicit authority to consider a student's previous disciplinary problems when deciding whether an out-ofschool suspension is warranted, as long as the school previously attempted to address the problems by means other than an out-of-school suspension or an expulsion. The bill makes a number of changes to charter schools laws including: 1. eliminating a requirement that, when SBE issues charters for state and local charter schools, it does so only within available appropriations; 2. requiring SBE to waive enrollment limits for charter schools whose students show a record of achievement, if the school applies for a waiver; 3. making the charter school facility grant program permanent; 4. requiring teachers first employed by a charter school on or after July 1, 2010 to participate in the Teachers' Retirement System; and 5. requiring SBE to regulate charter management organizations and their relationships to charter schools. Regarding certification for administrators and superintendents, the bill: 1. requires SDE to review and approve proposals for school administrator alternate route to certification (ARC) programs according to criteria the bill specifies and any other criteria the department requires, and 2. gives the education commissioner additional criteria to waive the requirement that a school superintendent hold a superintendent certificate issued by the SBE, if a waiver is requested by the superintendent's employing board of education and the applicant has three years of experience in, and holds a certificate from, another state. The bill permits the school board of a priority school district to convert an existing school or establish a new school as an “innovation school” through agreements with the teacher and administrator unions at the school for the purpose of improving school performance and student achievement. By law, the education commissioner must identify low-achieving schools for reconstitution. The bill adds innovation schools to the specific reconstitution models the commissioner may choose for such schools. The bill allows teachers and administrators who had tenure in another school district in Connecticut or out-of-state and who take a job in a priority school district to attain tenure in the new district in half the usual time, i. e. , after working 10 months rather than 20 months in the priority school district. It allows retired 86 teachers to teach any subject, not just a shortage subject, in a priority school district for up to two consecutive years at full salary without loss of pension benefits. The bill expands the entities eligible for state funding to provide professional development services, technical assistance, and evaluation activities to local and regional boards of education, state charter schools, vocational-technical schools, school readiness providers, and other educational entities, as the education commissioner determines. The bill requires school boards with low-achieving schools to create school governance councils made up mostly of students' parents or guardians. The councils are empowered to, among other things, advise the principal on the school budget before it is submitted to the superintendent, interview candidates to fill principal vacancies, and vote to reconstitute low-achieving schools using models included in the bill. A council must indicate which reorganization model it prefers from a list of three choices in the federal No Child Left Behind (NCLB) law, two choices in state law, and any other choice to be developed later under NCLB. The bill provides a process for the choice to be considered at a hearing and later the local board of education must accept it or choose an alternative. When the council and the local board make different choices, the education commissioner must pick one to implement. It also: 1. requires the State Department of Education (SDE) to report periodically to the Education Committee on the progress of the reconstituted schools and school governance councils; 2. transfers the Parent Trust Fund from the Department of Social Services (DSS) to the SDE, allows the fund to receive state money, and requires the education commissioner, rather than DSS, to use the fund to improve parental involvement; 3. requires districts with a dropout rate of 8% or higher to provide on-line credit recovery courses; 4. requires school districts to hold two, rather than one, parentteacher conferences a year; 5. establishes an achievement gap task force; and 6. requires high schools to offer courses for which an advanced placement exam is available. Testifying in support of the original bill at the public hearing were ; Bruce Douglas, Capitol Region Education Council (CREC) (specifically on the increase in the grants to receiving districts in the Open Choice Program); Mark McQuillan, Commissioner of Education; CABE- CT Association of Boards of Education; Joseph J. Cirasuolo Ed.D., Executive Director, CT Assoc. of School SuperintendentsLiz Dupont-Diehl, Sheff Movement; Cal 87 Hemingway, Chair, Granby Board of Education; Evelyn Richardson, parent; Peggy Roell, Chair, Avon Board of Education; Martha Stone, Executive Director, Center for Children's Advocacy; and Lydia Tedone, Vice Chair, Simsbury Board of Education. Testifying in opposition were Stephen Cassano, Executive Director, CT Coalition for Justice in Education Funding; and Wendy Lecker, President, Parent Teacher Council, Stamford, CT. The Education Committee offered substitute language to the bill that: 1. removed 85 students per class limit for high achieving state charter schools; required the State Board of Education to waive the 250 student school limit on high achieving charter schools; 2. for FY 2010 and each FY afterwards, the State Dept. of Education, must establish, within available bond authorizations, a grant program to assist state charter schools in financing school building projects, school building improvements, and repayment of debt incurred for building projects. Current law created the program for FY 08 and FY 09; 3. increased the annual School Choice grant to the receiving board of education for up to $3000 for each out of district student who attends school in the receiving district; current law provides $2,500 dollars and also increased the amount of nonlapsing funds that can be used for supplemental grants from $500,000 to $750,000; 4. prohibited the Education Commissioner from waiving certification requirements for charter schools after July 1, 2010. The Education Committee passed the substitute bill by a unanimous vote. The Education Committee sent the bill to the Appropriations Committee. Appropriations passed the bill by a unanimous vote and sent the bill to the Senate. In the Senate, Sen. Gaffey (D-Meriden) offered Senate Amendment ‘A’ that deleted the underlying bill and replaced it with all new provisions plus the pieces of the bill that (1) eliminatined a requirement that, when SBE issues charters for state and local charter schools, it do so only within available appropriations; (2) required SBE to waive enrollment limits for charter schools whose students show a record of achievement, if the school applies for a waiver; and (3) made the charter school facility grant program permanent. High School Credit Requirements and End-of-Year Exams Under the bill, students must earn more credits and pass five end-of-year examinations to graduate. It raises, from 20 to 25, the number of credits 88 required to graduate, changes course requirements, and requires the SDE to provide grants to school districts to implement the changes from FY 11 to FY 18, inclusive. The new requirements apply to the graduating high school class of 2018. The current and proposed high school graduation requirements are shown in Tables 1 and 2 below. Table 1: Current Minimum Graduation Requirements Subject Area English Mathematics Social Studies Required Credits 4 3 3 (including a half credit in civics and American Government) 2 1 Science Arts or Vocational Education Physical Education 1 Table 2: Proposed Minimum Graduation Requirements – Starting with Class of 2018 Subject Area Required Credits Humanities – 9 credits English 4, including composition Social Studies 3, including 1 credit in American history and a half credit in civics and American Government Fine Arts 1 89 Humanities Elective 1 Science, Technology, Engineering, and Mathematics – 8 credits Mathematics 4, including algebra I, geometry, and either algebra II or probability and statistics Science 3, including 1 in life science, 1 in physical science, and 1 in a science, technology, engineering, and math elective Career and Life Skills – 3. 5 credits Physical Education 1 Comprehensive health education 0. 5 Career and life skills electives, such as 2 career and technical education, English as a second language, community service, personal finance, public speaking, and nutrition and physical activity Other – 3 credits World Languages (see below) 2 Senior demonstration project 1 The bill specifies that a world language course successfully completed in grade six, seven, or eight or online can count towards the high school graduation requirement. Current law already allows world language classes taken through a private nonprofit provider to count toward the graduation requirements. The bill requires these classes to be completed successfully, but does not define “successful. ” The bill requires students, starting with the class of 2018, to pass end-of-year exams for the following courses in order to graduate: (1) algebra I, (2) geometry, (3) biology, (4) American history, and (5) 10th grade English. The bill requires SDE, by July 1, 2012, to begin development or approval of the 90 end-of-year exams the bill requires. The exams must be developed or approved by July 1, 2014. The Senate adopted Senate Amendment ‘A’ on a voice vote. Five Republican Senators offered Senate Amendment ‘B’ that would have required a more extensive state-wide public school information system than is required in the bill and required it to be in place by July 1, 2012. The amendment required the Department of Education to: 1) Link high school student performance data to postsecondary school performance data to provide information about public school student performance in post-secondary education; (2) Connect the state-wide public school information system with the data systems of public and independent institutions of higher education in the state; (3) Assign unique identifiers to all public school educators for purposes of monitoring student performance in preschool, elementary and secondary schools; (4) Assign unique identifiers to each educator preparation program and attach such unique identifier to the unique identifier for a public school educator who has completed such educator preparation program; and (5) Collect student transcript information, such as information regarding courses completed and grades received. The Senate rejected Senate Amendment ‘B’ by a vote of 10 to 25 along party lines, except Sen. Kissel (R-Enfield), who voted against the amendment. The Senate passed the bill as amended by Senate Amendment ‘A’ by a vote of 32 to 3 and the no votes were Sen. Kissel (R-Enfield), Sen. Caligiuri (RWaterbury), and Sen. Guglielmo (R-Stafford Springs). In the House, the bill was presented by Rep. Fleischmann (D-West Hartford), Chair of the Education Committee. The House adopted Senate 91 Amendment ‘A’ by a vote of 101 to 47, in concurrence with the Senate. The following is the roll call vote: X ABERCROMBIE Y HEINRICH Y ROBLES N GIBBONS Y ALDARONDO Y HENNESSY Y ROJAS N GIEGLER Y ARESIMOWICZ Y HEWETT Y ROLDAN N GIULIANO Y AYALA HOLDER-WINFIELD Y ROY N HAMZY Y HORNISH Y RYAN, K. N HETHERINGTON X BACKER N Y BARAM Y HURLBURT Y SANTIAGO N HOVEY Y BARRY Y JANOWSKI Y SAYERS N HOYDICK Y BARTLETT Y JARMOC Y SCHOFIELD Y BERGER Y JOHNSON, S. Y SERRA N KLARIDES Y BOUKUS JOHNSTON, S.T. Y SHAPIRO N LABRIOLA Y BUTLER Y JUTILA Y SHARKEY N LEGEYT Y BYE Y KEHOE Y SPALLONE N MILLER, L. Y CANDELARIA, J. Y LAMBERT Y STAPLES N MINER Y CARUSO Y LARSON Y TABORSAK N NOUJAIM Y CLEMONS Y LAWLOR Y TALLARITA N O'NEILL Y CONROY Y LEONE Y TERCYAK N PERILLO Y CONWAY Y LESSER Y THOMPSON N PISCOPO Y COOK Y LEWIS Y TONG N REBIMBAS Y DARGAN Y LYDDY Y URBAN N RIGBY Y DAVIS Y MAZUREK Y VILLANO N ROWE Y DILLON Y MCCRORY WALKER N SAWYER Y DREW Y MEGNA Y WIDLITZ N SCRIBNER ESPOSITO Y MERRILL Y WILLIS N STRIPP MIKUTEL Y WRIGHT, C. N WILLIAMS N WOOD N N Y ESTY Y FAWCETT Y MILLER, P. Y WRIGHT, E. Y FLEISCHMANN Y MIOLI Y ZALASKI Y FLEXER Y MORIN Y FONTANA Y FOX Y MOUKAWSHER N ALBERTS FRITZ Y MUSHINSKY N AMAN, W. N N N N Y HWANG MORRIS 92 Y DONOVAN (SPKR) Y GENGA N X NAFIS N BACCHIOCHI GENTILE Y NARDELLO N CAFERO Y GERAGOSIAN Y NICASTRO N CAMILLO Y GIANNAROS Y O'BRIEN N CANDELORA, V. Y ALTOBELLO (DEP) GONZALEZ Y OLSON N CARSON Y GODFREY (DEP) GRAZIANI Y PERONE N CHAPIN GREEN, K. Y REED N COUTU Y MCCLUSKEY (DEP) Y GROGINS Y REEVES N D'AMELIO Y O'CONNOR (DEP) Y GUERRERA Y REYNOLDS N FLOREN Y ORANGE (DEP) Y HAMM Y RITTER N FREY Y O'ROURKE (DEP) N Y N N KIRKLEY-BEY (DEP) Then, as a part of the orchestrated plan, House Amendment ‘A’ was offered that was essentially the contents of HB 5491, the “Achievement Gap” bill which had already passed the House on a unanimous vote. The amendment (1) eliminated a requirement that the public school information system collect data on the educational level of students' parents and (2) added provisions concerning (a) school governance councils, (b) reports, (c) the Parent Trust Fund, (d) on-line credit recovery courses, (e) parent-teacher conferences, (f) the achievement gap task force, and (g) advanced placement courses. After a few hours of contentious debate, House Amendment ‘A’ was adopted by a unanimous vote. Then, several Republican representatives offered House Amendment Schedule ‘B’ that created a tax credit for donations to certain scholarship programs for nonpublic schools and reduced, by $500,000, the amount appropriated in FY 11 to Legislative Management for other expenses to fund the credits. The House rejected House Amendment Schedule ‘B’ by a vote of 44 to 98. The following is the roll call vote: X ABERCROMBIE N HEINRICH N ROBLES Y GIBBONS N ALDARONDO N HENNESSY N ROJAS Y GIEGLER N ARESIMOWICZ N HEWETT N ROLDAN Y GIULIANO N AYALA N HOLDER-WINFIELD N ROY Y HAMZY N HORNISH N RYAN, K. Y HETHERINGTON X BACKER N BARAM N HURLBURT N SANTIAGO Y HOVEY N BARRY N JANOWSKI N SAYERS Y HOYDICK 93 N BARTLETT X BERGER X BOUKUS N JARMOC N SCHOFIELD Y HWANG N JOHNSON, S. N SERRA Y KLARIDES JOHNSTON, S.T. N SHAPIRO Y LABRIOLA Y N BUTLER N JUTILA N SHARKEY Y LEGEYT N BYE N KEHOE N SPALLONE Y MILLER, L. N CANDELARIA, J. LAMBERT N STAPLES Y MINER N CARUSO N LARSON N TABORSAK Y NOUJAIM N CLEMONS N LAWLOR N TALLARITA Y O'NEILL N CONROY N LEONE N TERCYAK Y PERILLO N CONWAY N LESSER N THOMPSON Y PISCOPO N COOK N LEWIS N TONG Y REBIMBAS N DARGAN N LYDDY N URBAN Y RIGBY N DAVIS N MAZUREK N VILLANO Y ROWE N DILLON N MCCRORY N WALKER Y SAWYER N DREW N MEGNA N WIDLITZ Y SCRIBNER N ESPOSITO N MERRILL N WILLIS Y STRIPP N ESTY X MIKUTEL N WRIGHT, C. Y WILLIAMS N FAWCETT MILLER, P. N WRIGHT, E. Y WOOD N FLEISCHMANN MIOLI N ZALASKI N FLEXER N MORIN N FONTANA N MORRIS N FOX N MOUKAWSHER Y ALBERTS MUSHINSKY Y AMAN, W. Y FRITZ Y N Y Y N GENGA N NAFIS Y BACCHIOCHI N GENTILE N NARDELLO Y CAFERO N GERAGOSIAN NICASTRO Y CAMILLO N O'BRIEN Y CANDELORA, V. GONZALEZ N OLSON Y CARSON GRAZIANI N PERONE Y CHAPIN N GREEN, K. N REED Y COUTU N GROGINS N REEVES Y D'AMELIO N REYNOLDS X GIANNAROS N Y X GUERRERA Y X FLOREN 94 N DONOVAN (SPKR) N ALTOBELLO (DEP) X GODFREY (DEP) N Y KIRKLEY-BEY (DEP) MCCLUSKEY (DEP) N O'CONNOR (DEP) N ORANGE (DEP) N HAMM N RITTER Y FREY N O'ROURKE (DEP) The House passed the bill as amended by Senate Amendment ‘A’ and House Amendment ‘A’ by a vote of 106 to 38. The following is the roll call vote: X ABERCROMBIE Y HEINRICH Y ROBLES N GIBBONS Y ALDARONDO Y HENNESSY Y ROJAS N GIEGLER Y ARESIMOWICZ Y HEWETT Y ROLDAN N GIULIANO Y AYALA Y HOLDER-WINFIELD Y ROY N HAMZY Y HORNISH Y RYAN, K. N HETHERINGTON X BACKER Y BARAM Y HURLBURT Y SANTIAGO N HOVEY Y BARRY Y JANOWSKI Y SAYERS N HOYDICK Y BARTLETT Y JARMOC Y SCHOFIELD Y BERGER Y JOHNSON, S. Y SERRA N KLARIDES JOHNSTON, S.T. Y SHAPIRO N LABRIOLA X BOUKUS N Y HWANG Y BUTLER Y JUTILA Y SHARKEY N LEGEYT Y BYE Y KEHOE Y SPALLONE N MILLER, L. Y CANDELARIA, J. Y LAMBERT Y STAPLES Y CARUSO Y LARSON Y TABORSAK N NOUJAIM Y CLEMONS Y LAWLOR Y TALLARITA N O'NEILL Y CONROY Y LEONE Y TERCYAK N PERILLO Y CONWAY Y LESSER Y THOMPSON N PISCOPO Y COOK Y LEWIS Y TONG N REBIMBAS Y DARGAN Y LYDDY Y URBAN N RIGBY Y DAVIS Y MAZUREK Y VILLANO N ROWE Y DILLON Y MCCRORY Y WALKER N SAWYER Y DREW Y MEGNA Y WIDLITZ N SCRIBNER Y ESPOSITO Y MERRILL Y WILLIS N STRIPP Y ESTY X MIKUTEL Y WRIGHT, C. N WILLIAMS Y FAWCETT Y MILLER, P. Y WRIGHT, E. N WOOD Y FLEISCHMANN Y MIOLI Y ZALASKI 95 Y MINER Y FLEXER Y MORIN Y FONTANA Y MORRIS Y FOX Y MOUKAWSHER N ALBERTS FRITZ Y MUSHINSKY N AMAN, W. GENGA Y NAFIS N BACCHIOCHI GENTILE Y NARDELLO N CAFERO Y GERAGOSIAN Y NICASTRO N CAMILLO Y GIANNAROS Y O'BRIEN N CANDELORA, V. Y GONZALEZ Y OLSON N CARSON Y GRAZIANI Y PERONE N CHAPIN Y GREEN, K. Y REED N COUTU Y MCCLUSKEY (DEP) Y GROGINS Y REEVES N D'AMELIO Y O'CONNOR (DEP) X GUERRERA Y REYNOLDS X FLOREN Y ORANGE (DEP) HAMM Y RITTER FREY Y O'ROURKE (DEP) N Y N Y N Y DONOVAN (SPKR) Y ALTOBELLO (DEP) X GODFREY (DEP) N KIRKLEY-BEY (DEP) Then, the bill went back to the Senate because House B had not been adopted yet by that chamber. The Senate adopted House Amendment Schedule ‘A’ and passed the bill as amended by Senate Amendment Schedule ‘A’ and House Amendment Schedule ‘A’ by a vote of 31 to 4 in concurrence with the House. The no votes were Sen. Kissel (R-Enfield), Sen. McLachlan (R-Danbury), Sen. Caligiuri (R-Waterbury), and Sen. Guglielmo (R-Stafford Springs). They passed it after about 5 minute of debate on the last evening of the session. Effective Date: July 1, 2010, except for the teachers' retirement and charter school construction grant provisions, which are effective upon passage. HB5491- AN ACT CONCERNING CERTAIN SCHOOL DISTRICT REFORMS TO REDUCE THE ACHIEVEMENT GAP IN CONNECTICUT. Died (This bill passed as part of SB 438 above). The bill was introduced by the Education Committee and co-sponsored by twenty two legislators. It would have required school boards with lowachieving schools to create school governance councils made up mostly of students' parents or guardians. The councils would have been empowered to, among other things, advise the principal on the school budget before it is 96 submitted to the superintendent, interview candidates to fill principal vacancies, and vote to reconstitute low-achieving schools using models included in the bill. A council must have indicated which reorganization model it prefers from a list of three choices in the federal No Child Left Behind (NCLB) law, two choices in state law, and any other choice to be developed later under NCLB. The bill provided a process for the choice to be considered at a hearing and later the local board of education must accept it or choose an alternative. When the council and the local board made different choices, the education commissioner must pick one to implement. It also would have: 1. required the State Department of Education (SDE) to report periodically to the Education Committee on the progress of the reconstituted schools and school governance councils; 2. transfered the Parent Trust Fund from the Department of Social Services (DSS) to the SDE, allowed the fund to receive state money, and required the education commissioner, rather than DSS, to use the fund to improve parental involvement; 3. required districts with a dropout rate of 8% or higher to provide on-line credit recovery courses; 4. required school districts to hold two, rather than one, parentteacher conferences a year; 5. established an achievement gap task force; and 6. required high schools to offer courses for which an advanced placement exam is available. Testifying in support of the bill at the public hearing were Milly Arciniegas, President, Hartford Parent Organization Council; Jesmin Basanti, Staff Attorney, CT Business and Industry Association, CBIA; Glenn Cassis, Executive Director, African-American Affairs Commission; CT Voices for Children; Bill Finch, Mayor, Bridgeport, CT; Dr. Margie Gillis, Senior Scientist, Haskins Laboratory; Jennifer Harmon, ConnCAN; Linda Kosko, Executive Director, Danbury Children First; Marc Magee, Chief Operating Officer, ConnCAN; Werner Oyanadel, Acting Executive Director, Latino and Puerto Rican Affairs Commission (LPRAC); Robin Puchala, Chairperson, CT Parent Power; Michael Sharpe, CEO, Jumoke Academy; Donna Thompson-Bennett, Parent, Bridgeport, CT; Marne Usher, President, CT Parent Teacher Association; and Elaine Zimmerman, Executive Director, Connecticut Commission on Children. Testifying in opposition were Mark McQuillan, Commissioner of Education; Donna Aiello, Coordinator of Staff Development, New Haven Public Schools; Anti-Parent Trigger Online Petition; Jennifer Berigan, Lobbyist, AFT Connecticut; Connecticut Association of Boards of Education (CABE); Stephen Cassano, Executive 97 Director, CT Coalition for Justice in Education Funding; Joseph Cirasuolo, Executive Director, CT Association of Public School Superintendents (CAPSS); John Carolla, Hamden, CT; Wendy Lecker, President, Parent Teacher Council, Stamford, CT; Mary Loftus Levine, Director of Policy and Professional Practice, CT Education Association (CEA); Sharon Palmer, President, AFT Connecticut; Christine Pattee; David Sharron, Vice President, Meriden Federation of Teachers; and Katherine Wilson, League of Women Voters. The Education Committee proposed substitute language that; 1. Established governance councils for all low achieving schools. Governance councils will consist of nine voting parent members, and non-voting student member. The parent members will be elected by other student parents. The council may also include up to four other voting members who are teachers, other school personnel, or community leaders. 2. This council will be responsible for analyzing school achievement and school needs, allocating funds for the school, making recommendations for the appointment of school principals, providing criteria for parental involvement in school affairs and responding to the needs and concerns of parents. The council may also determine whether to reorganize the school in one of five existing models or another developed under No Child Left Behind. In addition, a parent petition may also recommend that the school be reorganized according to one of these models. 3. Removes the provisions for establishing a tax reimbursement plan for teachers. 4. Establishes a Performance Evaluation Advisory Council. The members of this council are selected by the Commissioner and must assist the State Board of Education in developing model teacher evaluation programs guidelines and a data collection and evaluation support system. 5. Establishes credit recovery programs in districts whose dropout rate exceeds 8% and 6. Moves from the date of the resident student count from March 1st, to January 15th. The Education Committee passed the substitute bill by a vote of 19 to 11. Following was the roll call vote: Voting Yea Nay Abstain 19 11 0 TOTALS 30 Absent and Not Voting 2 yea nay abstain absent Sen. Gaffey, T. S13 Rep. Fleischmann, A. 018 X X Rep. Bartlett, J. 002 X Sen. Boucher, A. S26 Sen. Caligiuri, S. S16 Voice Vote yea nay abstain absent Rep. Reynolds, T. 042 Sen. Stillman, A. S20 Rep. Wood, T. 141 X X 98 X X X Rep. Conway, M. 061 Rep. Cook, M. 065 Rep. Davis, P. 117 Sen. Fonfara, J. S01 Rep. Genga, H. 010 Rep. Grogins, A. 129 Rep. Giuliano, M. 023 Rep. Hamm, G. 034 Rep. Heinrich, D. 101 Rep. Hornish, M. 062 Rep. Hwang, T. 134 Rep. Jarmoc, K. 059 Rep. Johnson, S. 049 Rep. Klarides, T. 114 Rep. Labriola, D. 131 Rep. LeGeyt, T. 017 Rep. Lesser, M. 100 Rep. Lewis, J. 008 Rep. Lyddy, C. 106 Rep. McCrory, D. 007 Sen. McDonald, A. S27 Rep. Mikutel, S. 045 Rep. Miller, P. 145 Rep. Nafis, S. 027 X X X X X X X X X X X X X X X X X X X X X X X X The Education Committee sent the bill to the Appropriations Committee. Appropriations passed the bill by a vote of 46 to 9. Following is the roll call vote: Voting Yea Nay Abstain 46 9 0 TOTALS 55 yea nay abstain absent Sen. Harp, T. S10 Rep. Geragosian, J. 025 Sen. Hartley, J. S15 Rep. Bartlett, J. 002 Rep. Heinrich, D. 101 Rep. Roldan, K. 004 Sen. Debicella, D. S21 Rep. Miner, C. 066 Rep. Backer, T. 121 Absent and Not Voting 3 Voice Vote yea nay abstain absent Rep. Hwang, T. 134 Sen. Kane, R. S32 Rep. Kirkley-Bey, M. 005 Rep. Lewis, J. 008 Sen. Maynard, A. S18 Rep. McCrory, D. 007 Rep. Miller, P. 145 Rep. Nafis, S. 027 Rep. O'Neill, A. 069 X X X X X X X X X 99 X X X X X X X X X Sen. Caligiuri, S. S16 Rep. Camillo, F. 151 Rep. Candelaria, J. 095 Rep. Clemons, C. 124 Rep. Dillon, P. 092 Sen. Duff, B. S25 Rep. Esty, E. 103 Rep. Fawcett, K. 133 Rep. Fleischmann, A. 018 Sen. Frantz, L. S36 Rep. Genga, H. 010 Sen. Gomes, E. S23 Rep. Gonzalez, M. 003 Rep. Hamm, G. 034 Sen. Handley, M. S04 Sen. Harris, J. S05 Rep. Hetherington, J. 125 Rep. Hewett, E. 039 Rep. Holder-Winfield, G. 094 Rep. Hovey, D. 112 X X X X X X X X X X X X X X X X X X Rep. Orange, L. 048 Rep. Perillo, J. 113 Sen. Prague, E. S19 Rep. Rebimbas, R. 070 Rep. Reynolds, T. 042 Rep. Ritter, E. 038 Rep. Roy, R. 119 Rep. Ryan, K. 139 Rep. Santiago, E. 130 Rep. Sawyer, P. 055 Rep. Schofield, L. 016 Sen. Slossberg, G. S14 Rep. Stripp, J. 135 Rep. Tercyak, P. 026 Rep. Thompson, J. 013 Rep. Urban, D. 043 Rep. Villano, P. 091 Rep. Walker, T. 093 X X X X X X X X X X X X X X X X X X X Rep. Willis, R. 064 X X Rep. Wood, T. 141 X The Appropriations Committee sent the bill to the House. Several legislators offered House Amendment Schedule ‘A’ that (1) eliminates provisions relating to (a) the parent petition as a means to reconstitute a school, (b) innovation schools, (c) teacher evaluation, and (d) credit for online course work; (2) changes the make up of the governance councils to include more teachers and fewer parents; (3) makes changes to the governance council duties and to steps in the reconstitution process; (4) specifies that a school may not be reconstituted until the council has existed for at least two years; (5) adds provisions requiring SDE to evaluate and report on school governance councils, the reconstituted schools, and the reconstitution models; and (6) transfers the Parent Trust Fund from DSS to SDE and allows it to receive state money. The House adopted House Amendment Schedule ‘A’ and passed the bill as amended by a unanimous vote. The bill died in the Senate with no action but was incorporated into SB 438. 100 HB 5489: AN ACT CONCERNING SECONDARY SCHOOL REFORM. Died. (Passed as part of SB 438 see above) This bill was introduced by the Education Committee and co-sponsored by Rep. Mushinsky (D-Wallingford), Rep. Reynolds (D-Gales Ferry), Sen. Gaffey (D-Meriden), and Rep. Lyddy (D-Newtown). It would have increased high school graduation requirements contingent on the State Department of Education (SDE) applying for and receiving federal funding to support the changes. The new requirements started with the class of 2017, but only if the federal funding covers the entire cost of implementing them for the classes of 2017 and 2018. It required SDE, if it is able to secure the federal funding, to provide grants to school districts, to implement the new requirements starting in FY 12. Testifying in support of the bill at the public hearing were Mark McQuillan, Commissioner of Education; Representative Mary Mushinsky; Mary Loftus Levine, from the Connecticut Education Association (CEA); Judith B. Greiman, from the Connecticut Conference of Independent Colleges (CCIC); The Connecticut Association of Schools; Alice Pritchard, from the Connecticut Women's Education and Legal Fund (CWEALF); Sadie Davidson DeVore, an art teacher; Kim Yannon, from the Connecticut Music Educators Association; Mary G. Williams; Susan Striker, from Greenwich Public Schools; Barbara Skrebutenas; and many others. Testifying in opposition were Connecticut Conference of Municipalities (CCM); Deacon David Reynolds, from the CT Catholic Public Affairs Conference; Patti Fusco, from the West Haven Federation of Teachers; Peter Wolfgang, from the Family Institute of Connecticut; Valerie Barbier, a student ant Trinity College; James F. Farrell, from Meriden; Robert E. Muckle Sr., from Waterbury; and Katherine Wilson, from the League of Women Voters. The Education Committee passed the bill by a vote of 24 to 8. Following is the roll call vote: Voting Yea Nay Abstain 24 8 0 TOTALS 32 Absent and Not Voting 0 yea nay abstain absent Sen. Gaffey, T. S13 Rep. Fleischmann, A. 018 Rep. Bartlett, J. 002 Sen. Boucher, A. S26 Sen. Caligiuri, S. S16 Voice Vote yea nay abstain absent Rep. Reynolds, T. 042 Sen. Stillman, A. S20 Rep. Wood, T. 141 X X X X X 101 X X X Rep. Conway, M. 061 Rep. Cook, M. 065 Rep. Davis, P. 117 Sen. Fonfara, J. S01 Rep. Genga, H. 010 Rep. Grogins, A. 129 Rep. Giuliano, M. 023 Rep. Hamm, G. 034 Rep. Heinrich, D. 101 Rep. Hornish, M. 062 Rep. Hwang, T. 134 Rep. Jarmoc, K. 059 Rep. Johnson, S. 049 Rep. Klarides, T. 114 Rep. Labriola, D. 131 Rep. LeGeyt, T. 017 Rep. Lesser, M. 100 Rep. Lewis, J. 008 Rep. Lyddy, C. 106 Rep. McCrory, D. 007 Sen. McDonald, A. S27 Rep. Mikutel, S. 045 Rep. Miller, P. 145 Rep. Nafis, S. 027 X X X X X X X X X X X X X X X X X X X X X X X X The Education Committee sent the bill to the Appropriations Committee. The Appropriations Committee passed the bill by a vote of 38 to 18, largely along party lines except for the following Democrats who voted “No”: Sen. Hartley (D-Waterbury) and Rep. Willis (D-Sharon). The Appropriations Committee sent the bill to the House where it died with no action taken. SB441- AN ACT CONCERNING PARENTAL ENGAGEMENT IN SCHOOLS. Died. (A version passed as part of SB 439 above) This bill was introduced by the Education Committee and co-sponsored by Rep. Lyddy (D-Newtown). The original bill was basically a vehicle for language the Education Committee wanted to pass. It was simply a study of education issues. The bill as it passed the Education Committee would have required school districts with low-achieving schools to create parent-teacher 102 advisory councils (PTACs) at the school and district level to advise principals and superintendents, respectively, on school and district budgets, annual plans, and any other major policy. At the school level, the councils would have participated in the hiring process of the school principal or other administrators by conducting candidate interviews and reporting on them to the superintendent and the board of education. Except for conducting and reporting on interviews, the school level council would have been prohibited from participating in or providing advice on other personnel decisions, including the suspension or termination of personnel or other disciplinary actions. The district wide councils are also prohibited from participating in or providing advice on any personnel decisions, including the suspension or termination of personnel or other disciplinary actions. The bill permitted districts that are not on the low-achieving list to create school councils if they choose. There was no testimony given at the public hearing. The Education Committee proposed substitute language that changed the title from “AN ACT CONCERNING THE STUDY OF EDUCATION ISSUES” to the current title. The content was changed to the description above. The Education Committee passed the substitute bill by a unanimous vote. The Education Committee sent the bill to the Appropriations Committee. The Appropriations Committee also passed the bill by a unanimous vote. The bill was sent to the Senate where it died with no action. HB5165- AN ACT CONCERNING HIGH SCHOOL GRADUATION REQUIREMENTS. Died (passed as part of SB439 above). This bill was introduced by the Program Review and Investigations (PR&I) and co-sponsored by Rep. Mushinsky (D-Wallingford). It would have implemented the recommendations of the Legislative Program Review and Investigations committee concerning alignment of post-secondary education and employment. The bill included the same curriculum reform proposal as HB 5489, AAC Secondary School Reform. The bill died In PR& I by a vote of 5 to 7 and the yes votes were Rep. Mushinsky (D-Wallingford), Sen. DeFronzo (D-New Britain), Sen. Fonfara (D-Hartford), Sen. Maynard (D-Stonington), and Rep. Urban (D-North Stonington). 103 *It is important to note that the Program Review and Investigations Committee is a Joint Committee, which means it has an even number of Democrats and Republicans, and an even number of Senators and Representatives. It does not reflect the partisan makeup of the General Assembly – so a party line vote, which will lead to a tie, will kill a bill. In this case, all Republicans present voted against the bill and picked up one Democrat’s vote- Rep. Brendan Sharkey. 104