AMERICAN ASSOCIATION of UNIVERSITY PROFESSORS The CONNECTICUT STATE UNIVERSITY CHAPTER 2013 Legislative Report Betty Gallo & Co. June, 2013 Betty Gallo Joe Grabarz Kate Robinson Brie Johnston PREFACE Before the 2013 legislative session even began we were faced with challenges to the CSU System based on a flood of negative publicity surrounding the Board of Regents. In addition, we were still adjusting to a restructuring imposed upon us in the prior session and a State budget sinking further into the red. A lack of System leadership left the CSUS without a clear legislative program or effective advocacy. CSU-AAUP and Betty Gallo & Company have worked closely together with supportive legislators to ensure that faculty interests were represented. As in the past several sessions we saw a continuing increase in faculty involvement in legislative activity and deepened relationships with legislators. Visits with individual legislators in their offices and districts have helped increase awareness of the concerns we have and the changes we advocate. Numerous and timely action alerts, letters, testimony, flyers and position papers have all been valuable to our collective efforts. While we haven’t succeeded in everything that we have asked for, we have significantly impacted legislation in our favor and we have improved the standing of CSU-AAUP faculty as a valuable resource in higher education discussions. The legislation discussed in this report represents a major effort by CSU-AAUP staff and faculty, Betty Gallo & Company staff and supportive legislators to shape events in favor of CSU-AAUP members and to make the State’s system of public higher education better for everyone involved. We at Betty Gallo & Company are proud and pleased to have been a part of this effort and look forward to working together on future challenges and opportunities. HIGHER EDUCATION GOVERNANCE BILLS SB 867 (File 480, as amended by Senate “A”): AN ACT CONCERNING FACULTY REPRESENTATION ON THE BOARD OF REGENTS FOR HIGHER EDUCATION. Passed. Public Act 13-62. Gov Signed 6/3 This bill was introduced by the Committee on Higher Education and Employment Advancement at our request and was co-sponsered by Sen. Steve Cassano (DGlastonbury, Manchester), Rep. Henry J. Genga (D-East Hartford), Rep. Mary G. Fritz (D-Cheshire, Wallingford), Sen. Terry B. Gerratana (D-Berlin, Farmington), Sen. Joseph J. Crisco (D-Ansonia, Beacon Falls), Sen. Anthony J. Musto (DBridgeport, Trumbull), Sen. Paul R. Doyle (D-Cromwell, Middletown), Sen. Toni Nathaniel Harp (D-New Haven), Sen. Eric D. Coleman (D- Bloomfield), Rep. Thomas A. Vicino (D-Clinton, Killingworth). It was a priority of our legislative efforts at the start of the session this year. This bill in its final form requires the chairperson of the Board of Regents for Higher Education's (BOR) faculty advisory committee to serve as an ex-officio, nonvoting BOR member for a two-year term. However, the bill prohibits this faculty chairperson from attending BOR executive sessions. While the bill adds this ex-officio faculty member to BOR, it does not increase the total number of BOR members from 19, under current law, to 20. This bill has an effective date of October 1, 2013 The original proposal would have made both the Chair and Vice Chair of the Faculty Advisory Committee ex-officio non-voting members of the Board of Regents and would have enabled them to serve on all committees but those relating to personnel. Before the session convened we made an appointment with the Governor’s Chief of Staff, Mark Ojakian and discussed our concerns about the actions of the Board of Regents. We showed how their behavior in three areas; articulation, creation of a mission statement and the design of an internet system violated the spirit of the 2012 reorganization and harmed the System. We made our case for the greater inclusion of faculty in the decision making process. Testimony submitted in support of the original bill was presented by Vijay Nair, President, American Association of University Professors; Patty O’Neill, chapter president, WCSU-AAUP; and Stephen Adair, Vice-Chair, Faculty Advisory Committee, CCSU at a public hearing before the Higher Education Committee. Testimony submitted in opposition to the bill was submitted by Lewis J. Robinson, Chairman, Board of Regents for Higher Education. They opposed any representation at all. Last session they had opposed creation of the Faculty Advisory Committee. They expressed, among other reasons, the concern of a statewide higher education unionization effort. There was also some discussion that it would be a bad sign to any prospective Presidential candidate to make this change. The original bill proposed two members who would sit on all committees except those dealing with personnel issues. It was clear that to garner the support that we needed we would have to compromise. The Co-Chairs of the Committee, Sen. Beth Bye (D-West Hartford) and Roberta Willis (D-Salisbury) were supportive of the concept but wary of the details. We discussed these differences with them over a period of weeks. We made a concentrated effort to meet and enlist support from the other members of the Committee. AAUP-CSU membership was activated to contact legislators. We were trying to find substitute language that we felt was agreeable and would have enough support to be voted out of Committee. We learned that the Board of Regents not only opposed the bill but considered it a legislative priority to defeat it. When we saw proposed substitute language it had removed faculty membership from the board committees. The Co-Chairs had continued in their support of our concept but had compromised on this detail with the Board of Regents. The Co-Chairs have felt some need to be supportive of the Board of Regents because it was their creation and also because there has been so much change in Higher Education over the past couple of years that they felt there was a need for a period of stability. The Committee unanimously passed the bill to the Senate with substitute language. The intent of the substitute language allows that the Vice-President and President of the Faculty Advisory Committee serve on the board in an ex-officio capacity; it also clarifies that they not be allowed to participate in an executive session. The substitute language also jettisons the language related to sitting on subcommittees or standing committees within the Board of Regents. We continued to lobby the Co-Chairs and Ranking Members to restore faculty participation on the Academic, Budget and Technology Committees of the Board. We also discussed including permissive language enabling the Chair of the Board of Regents to include faculty participation in Board Committees at their discretion. There was disagreement about whether the Board already has this power. The Board of Regents was still lobbying very hard against the bill. We met several times with the Governor’s staff to keep the bill alive and to keep it moving forward. The Governor’s Office was under pressure by Board members to oppose the bill. The Governor opposing the bill would have killed it outright. Instead the Governor’s Office insisted that only the Chair of the FAC serve on the Board. We activated faculty to make calls and had several people close to the Governor’s Office urge them to move closer to our position. We were unable to move them and felt that having one faculty member was better than none. In the end the Governor’s Office agreed to support the bill with this change to be drawn up in Senate Amendment “A”. In the Senate, Senate Amendment “A” was proposed and unanimously adopted on a voice vote. Senate Amendment “A” (1) eliminates the requirement that the vicechairperson of the faculty advisory committee also serve as an ex-officio, nonvoting BOR member and (2) adds a term of two years to the faculty member's service on BOR, which coincides with his or her two-year term as chair of the advisory committee under current law (CGS § 10a-3a(c)). Senate Amendment “B” was proposed by Senator Fasano (R-Cheshire) and would have ended the block grant method of funding by requiring the constituent units of Higher education to submit their budgets for approval to the General Assembly’s Appropriations Committee and the Higher education Committee. It was rejected by a strict party line vote of 15-21. On a roll call vote, the Senate unanimously passed the Bill to the House. The Board of Regents continued to lobby against the bill and argued briefly that the terms of the new members would be out of sync with both their terms on the Faculty Advisory Committee and with other members of the Board of Regents. It was determined that the as yet unwritten and un-adopted bylaws of the Faculty Advisory Committee were at odds with last year’s statute and that the Faculty Advisory Committee needed to conform to statute anyway. Last year’s statute creating the FAC made the term of the Chair two years. Very few peer system governing boards have more than one faculty member and this played a role in the debate this year. The House unanimously passed SB 867 in concurrence with the Senate. The bill became Public Act 13-62 and was signed by the Governor on June 3rd. SB 869: AN ACT CONCERNING THE STUDENT ADVISORY COMMITTEE TO THE BOARD OF REGENTS FOR HIGHER EDUCATION. Died. This bill was introduced by the Joint Committee on Higher Education and Employment Advancement. This bill broadened the candidacy pool for one chairperson position on the Board of Regents for Higher Education (BOR) student advisory committee. It also equalized the two leadership positions by making the vice-chairperson a cochairperson. Currently, this student committee elects its own chairperson and vice-chairperson, one from committee members of the Connecticut State University System (CSUS), and the other from a regional community-technical college. The bill allowed Charter Oak State College students to be eligible for the CSUS chairperson position. Also, the bill required the student committee, beginning January 1, 2014, to submit a yearly report to the Higher Education and Appropriations committees on its biannual meetings with BOR and its assistance with BOR's duties under the law. This bill would have become effective on July 1, 2013. Alex Tettey Jr. testified in support of this bill at the public hearing. There was no testimony submitted in opposition to this bill. The Higher Education and Employment Advancement Committee passed the bill to the Senate unanimously. In the Senate, Senate Amendment “A” was proposed and adopted on a voice vote. Senate Amendment “A” changes the effective date of the student committee reporting section from July 1, 2014 to July 1, 2013. The Republicans offered several amendments unrelated to the original bill in an effort to filibuster the Democrats into negotiating on other bills. Senator Fasano (R-North Haven) offered Senate Amendment “B” and moved adoption. On the motion of Senator Fasano (R-North Haven), Senate Amendment “B” was withdrawn. Senator Boucher of the 26th offered Senate Amendment “C” and moved adoption. Senate Amendment “C” was rejected on a strict party line vote with all Republicans in support and all Democrats in opposition. On a roll call vote, SB 869 was unanimously passed as amended by the Senate. This bill died on the House Calendar in the closing days of the session when it was not taken up for a vote. HB 6648: AN ACT CONCERNING THE BOARD OF REGENTS FOR HIGHER EDUCATION. Passed. Public Act 13-4. Signed by Governor 4/22 This bill was introduced by the Committee of Higher Education and Employment Advancement and was co-sponsored by Rep. Gregory Haddad (D-Mansfield), Rep. Prasad Srinivasan (R-Glastonbury), Sen. Paul R. Doyle (D-Middletown). This bill requires that the president of the Board of Regents for Higher Education (BOR) be appointed by the board, eliminating (1) the governor's responsibility to appoint the president upon the board's recommendation and (2) legislative confirmation of the appointee. Under current law, the president serves at the governor's pleasure, but no later than March 1 in the year following a gubernatorial election (unless reappointed). The bill instead requires the president to serve at the board's pleasure, without a term limit. It requires BOR to establish the president's terms and conditions of employment, prescribe his or her duties, and fix his or her compensation. The bill requires the president to implement the board's rules, not just its policies and directives as current law requires. It eliminates a requirement that the president administer, coordinate, and supervise the board's activities. Lastly, the bill makes technical changes. This bill becomes effective upon passage. Testimony submitted in support of this bill was submitted by Phillip E. Austin, Ph. D., Interim President, Board of Regents for Higher Education. There was no testimony submitted in opposition. The Committee on Higher Education and Employment Advancement passed the bill to the House with substitute language that eliminates the specification that the president's term of office be coterminous with the Governor's term. Following is the vote tally sheet: Voting Yea Nay Abstain 18 1 0 TOTALS 19 yea Sen. Bye, B. S05 Rep. Willis, R. 064 Sen. Boucher, T. S26 Rep. LeGeyt, T. 017 Sen. Cassano, S. S04 Rep. Haddad, G. 054 Rep. Ackert, T. 008 Rep. Alberts, M. 050 Rep. Bacchiochi, P. 052 Rep. Candelaria, J. 095 Rep. Dillon, P. 092 Rep. Hurlburt, B. 053 Rep. Janowski, C. 056 Rep. Lavielle, G. 143 Rep. Maroney, J. 119 Rep. McCrory, D. 007 Rep. Sanchez, R. 025 Rep. Sawyer, P. 055 Rep. Sayers, P. 060 Rep. Walker, T. 093 Absent and Not Voting 1 nay abstain absent yea Voice Vote nay abstain absent X X X X X X X X X X X X X X X X X X X X The House passed the bill 129-14. Those voting Yea 129 Those voting Nay 14 Those absent and not voting 8 The following is the roll call vote: Y ABERCROMBIE Y HEWETT X TERCYAK Y KUPCHICK Y ALBIS Y HOLDERWINFIELD Y LABRIOLA Y ALEXANDER Y HURLBURT Y LAVIELLE ALTOBELLO Y JANOWSKI Y VARGAS Y LEGEYT Y ARCE Y JOHNSON Y VERRENGIA Y MILLER, L. Y ARCONTI Y JUTILA Y VICINO Y ARESIMOWICZ Y KINER Y WALKER Y AYALA Y LARSON Y WIDLITZ N NOUJAIM BACKER, T. Y LEMAR Y WILLIS N O'DEA Y BARAM Y LESSER Y WRIGHT, C. Y BECKER, B. Y LOPES Y WRIGHT, E. Y BOUKUS Y LUXENBERG Y ZONI Y BOWLES Y Y BUTLER N N Y TONG X URBAN N Y MINER MOLGANO Y O'NEILL N PERILLO Y PISCOPO MARONEY Y REBIMBAS Y MCCRORY Y RUTIGLIANO CANDELARIA, J. Y MCGEE Y CLEMONS Y MEGNA N ACKERT Y SAWYER Y CONROY MIKUTEL N ADINOLFI Y SCRIBNER Y COOK Y MILLER, P. Y ALBERTS Y SHABAN Y CUEVAS Y MILLER, P.B. Y AMAN Y SIMANSKI Y D'AGOSTINO Y BACCHIOCHI Y SMITH Y DARGAN BETTS Y SRINIVASAN Y DAVIS, P. BOLINSKY Y WALKO Y DEMICCO, M. Y MUSHINSKY Y BUCKTAYLOR Y DILLON Y NAFIS Y CAFERO Y DIMINICO, j. Y NICASTRO Y ESPOSITO Y O'BRIEN Y CANDELORA, Y V. ZIOBRON Y FAWCETT Y PERONE Y CARPINO Y ZUPKUS Y FLEISCHMANN Y REED Y CARTER Y FLEXER Y RILEY Y CASE Y FOX, D. Y RITTER, M. Y D'AMELIO Y FOX, G. Y ROJAS Y DAVIS, C. Y SHARKEY (SPKR) Y FLOREN N N N X MORIN Y N MORRIS N X MOUKAWSHER Y FRITZ X ROSE Y GENGA Y ROVERO Y GENTILE Y SANCHEZ X CAMILLO X FREY Y GIEGLER SAMPSON X WILLIAMS Y WOOD Y YACCARINO Y GONZALEZ Y SANTIAGO, E. Y GROGINS Y SANTIAGO, H. Y GUERRERA Y SEAR Y HADDAD Y Y HAMPTON Y HENNESSY Y GIULIANO Y BERGER (DEP) HOVEY Y GODFREY (DEP) Y HOYDICK Y ORANGE (DEP) SERRA Y HWANG Y RITTER, E. (DEP) Y STALLWORTH Y KLARIDES Y RYAN (DEP) Y STEINBERG Y KOKORUDA Y SAYERS (DEP) N In the Senate, Senator McKinney (R-Fairfield) offered Senate Amendment “A” and moved adoption. On the roll call vote Senate Amendment “A” was rejected on a party line vote. It would have changed the term of the President to four years. Senator Fasano(R-North Haven), offered Senate Amendment “B” and moved adoption. On the roll call vote Senate Amendment “B” was rejected on a party line vote. Senator Fasano offered this amendment on several bills and it would have created a task force to examine expenses of CSU. On the roll call vote House Bill No. 6648 was passed. in concurrence with the House. On motion of Senator Looney(D-New Haven), the rules were suspended for immediate transmittal to the Governor House Bill 6648. The bill became Public Act 13-4 and was signed by the Governor on April 22, 2013. HB 6364: AN ACT CONCERNING THE RECEIPT OF QUARTERLY REPORTS BY THE OFFICE OF HIGHER EDUCATION. Passed. Public Act 13-137. Signed by Governor 6/18. This bill was introduced by the Committee on Higher Education and Employment Advancement. It was co-sponsored by Rep. Robert Sanchez (D-New Britain), Rep. Prasad Srinivasan (R-Glastonbury), Sen. Joseph J. Crisco (D-Woodbridge), Sen. Steve Cassano (D-Andover), Sen. Toni Nathaniel Harp (D-New Haven), Rep. Michael L. Molgano (R-Stamford), and Rep. Thomas A. Vicino (D-Clinton). The law requires (1) UConn, with respect to the UConn and UConn Health Center operating funds, and (2) the Board of Regents for Higher Education (BOR), with respect to the Regional Community Technical-Colleges and Connecticut State University System operating funds, to submit quarterly reports on the funds' actual expenditures. The reports must be submitted to the Appropriations Committee and the Office of Policy and Management. This bill requires that these reports also be submitted to the Office of Higher Education. Additionally, it requires BOR to prepare and submit, to the above recipients, a quarterly report on the actual expenditures of the Board for State Academic Awards Operating Fund (i. e. , the operating fund for Charter Oak State College). This bill will become effective on July 1, 2013. There was no testimony submitted in support or opposition to this bill at the public hearing. The Higher Education and Employment Advancement Committee unanimously passed the bill to the House. The House unanimously passed the bill. The Senate unanimously passed the bill in concurrence with the House. The bill became Public Act 13-137 and was signed by the Governor on June 18, 2013. HB 6491: AN ACT REQUIRING A REPORT FROM THE BOARD OF REGENTS FOR HIGHER EDUCATION AND THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF CONNECTICUT REGARDING ADMINISTRATORS. Passed. Public Act 13-143. Transmitted by Secretary of the State to Governor. This bill was introduced by the Committee on Higher Education and Employment Advancement and was co-sponsered by Rep. Roberta B. Willis (DCanaan,Torrington), Rep. Daniel S. Rovero (D-Killingly,Putnam), Sen. Gary D. LeBeau (D-East Hartford, South Windsor). This bill requires the Board of Regents for Higher Education (BOR) and the UConn Board of Trustees (BOT) to complete studies comparing their administrators' salaries and staffing ratios to those of peer institutions in the United States. For the purpose of these studies, the bill defines “administrator” as a fulltime employee who holds a payroll position classified as a management occupation under the federal occupational classification system (see BACKGROUND). The employee is counted in a study if he or she is employed on November 1, beginning in 2013 and on the same date every two years thereafter. By January 1, 2014, and afterwards biannually, BOR must compare: 1. salaries of Connecticut State University System (CSUS) and regional community-technical college administrators to salaries of similar positions at peer institutions; 2. ratios of CSUS and community-technical college administrators to students, as well as administrators to faculty, to ratios at peer institutions; and 3. salaries of BOR central office administrators to similar positions at peer institutions. Following the same deadlines, BOT must compare: 1. salaries of UConn administrators to similar positions at peer institutions, and 2. ratios of UConn administrators to students, as well as administrators to faculty, to ratios at peer institutions. BOR and BOT must report the results of these comparisons to the Higher Education and Appropriations committees upon completion. This bill has an effective date of July 1, 2013 Testimony submitted in support of the bill was submitted by Richard Gray, Executive Vice-President for Financial and Administration at The University of Connecticut. There was not testimony submitted in opposition. The Committee on Higher Education and Employment Advancement unanimously passed the bill to the House with substitute language that adds the definition of what an “administrator” is to the bill language. The House passed the bill on a vote of 125-19. Those voting Yea 125 Those voting Nay 19 Those absent and not voting 6 The following is the roll call vote: Y ABERCROMBIE Y HEWETT Y TONG Y KUPCHICK Y ALBIS Y HOLDERWINFIELD Y URBAN Y LABRIOLA Y ALEXANDER Y JANOWSKI Y VARGAS Y LAVIELLE Y ALTOBELLO Y JOHNSON Y VERRENGIA Y LEGEYT Y ARCE Y JUTILA Y VICINO N MILLER, L. Y ARCONTI Y KINER Y WALKER N MINER Y ARESIMOWICZ Y LARSON Y WIDLITZ X MOLGANO X AYALA Y LEMAR Y WILLIS X BACKER, T. Y LESSER Y WRIGHT, C. Y O'DEA Y BARAM Y LOPES Y WRIGHT, E. Y O'NEILL Y BECKER, B. Y LUXENBERG Y ZONI N PERILLO Y BOUKUS Y MARONEY VACANT N PISCOPO Y BOWLES Y MCCRORY Y BUTLER Y MCGEE Y CANDELARIA, J. Y MEGNA Y CLEMONS Y MIKUTEL Y ACKERT Y SAWYER Y CONROY Y MILLER, P. Y ADINOLFI Y SCRIBNER Y COOK Y MILLER, P.B. Y ALBERTS Y SHABAN Y CUEVAS Y MORIN Y AMAN Y SIMANSKI Y D'AGOSTINO Y MORRIS Y BACCHIOCHI Y DARGAN Y MOUKAWSHER N BETTS Y DAVIS, P. Y MUSHINSKY N BOLINSKY Y DEMICCO, M. Y NAFIS N BUCKTAYLOR Y WILLIAMS Y DILLON Y NICASTRO N CAFERO Y WOOD Y DIMINICO, j. Y O'BRIEN Y ESPOSITO NOUJAIM Y FAWCETT Y X REBIMBAS Y RUTIGLIANO N Y X PERONE Y N Y N WALKO YACCARINO CANDELORA, Y V. ZIOBRON ZUPKUS REED Y CARPINO FLEISCHMANN Y RILEY Y CARTER Y FLEXER Y RITTER, M. Y FOX, D. Y ROJAS N SMITH SRINIVASAN N CAMILLO N Y N SAMPSON CASE D'AMELIO Y Y FOX, G. X ROSE Y DAVIS, C. Y FRITZ Y Y GENGA Y Y SHARKEY (SPKR) ROVERO Y FLOREN Y SANCHEZ Y FREY GENTILE Y SANTIAGO, E. Y GIEGLER Y GONZALEZ Y SANTIAGO, H. N GIULIANO Y BERGER (DEP) Y GROGINS Y SEAR N HOVEY Y GODFREY (DEP) Y GUERRERA Y SERRA Y HOYDICK Y ORANGE (DEP) Y HADDAD Y STALLWORTH Y HWANG Y RITTER, E. (DEP) Y HAMPTON Y STEINBERG N KLARIDES Y RYAN (DEP) Y HENNESSY Y TERCYAK N KOKORUDA Y SAYERS (DEP) The Senate unanimously passed the bill In Concurrence with the House. The bill became Public Act 13-143 and is awaiting the signature of the Governor. HB 6605: AN ACT CONCERNING TRANSPARENCY OF EXPENSES. Died This bill was introduced by the Higher Education and Employment Advancement Committee and was co-sponsored by Rep. Gail Lavielle (R-Wilton). This bill required each constituent unit of higher education to (1) document every expenditure it made, at the time it was made and (2) make that documentation available during regular business or office hours for public inspection upon request. The constituent units of higher education are (1) UConn, (2) the Connecticut State University System, (3) the regional community-technical colleges, and (4) Charter Oak State College. This bill would have gone into effect on July 1, 2013. Testimony submitted in support of the bill was submitted by Colleen M Murphy, Executive Director and General Counsel, Freedom of Information Commission; and Mr. Richard Gray, Executive Vice President for Finance and Administration, University of Connecticut. There was no testimony submitted in opposition to this bill. The Higher Education Committee unanimously passed this bill to the House. The Republicans were using the bill as leverage against voting for other bills in the Committee and the Democrats allowed the bill to advance, and even voted for it, in order to get Republican support for other bills and to limit debate in Committee. There was also a feeling that by allowing the bill to advance the Committee would be “tweaking” the Board of Regents. There was an understanding that this bill wouldn’t pass. The concept of having the Board of Regents report on expenditures was added as an amendment to SB868. See the description below. The House referred the bill to the Committee on Government Administration and Elections. They unanimously passed the bill back to the House. This bill died when the House did not take the bill up for a vote. HB 5425: AN ACT ALLOWING ADJUNCT FACULTY MEMBERS OF CHARTER OAK STATE COLLEGE TO WAIVE MEMBERSHIP IN A STATE RETIREMENT PLAN. Passed. Public Act 13-126. Signed by Governor on 6/18 This bill was introduced by the Committee on Higher Education and Employment Advancement. It was co-sponsored by Rep. Prasad Srinivasan (R-Glastonbury), Sen. Carlo Leone (D-Stamford), Sen. Steve Cassano (D-Andover), Sen. Beth Bye (D-West Hartford), and Sen. Toni Nathaniel Harp (D-New Haven). This bill allows an adjunct faculty member of Charter Oak State College to irrevocably waive participation in a state employee retirement plan within 60 days of beginning employment. Adjunct faculty members of regional communitytechnical colleges may already do this under current law. The waiver remains irrevocable if the faculty member accepts subsequent part-time employment with the regional community-technical college system, Charter Oak State College, the Board for State Academic Awards, the Board of Regents for Higher Education, the University of Connecticut (UConn), or the Connecticut State University system (CSUS). This condition applies under current law to adjunct regional community-technical college faculty who waive participation in a state employee retirement plan. (If the faculty member becomes a full-time employee, he or she can join a state retirement plan at that time. ) Under the bill, Charter Oak State College adjunct faculty members who waive state employee retirement plan participation may still make tax-deductible contributions to individual retirement accounts (IRAs). Depending on a person's filing status, Internal Revenue Service (IRS) regulations may prohibit federal tax deductions for IRA contributions if a person is also covered by an employee retirement plan. This bill becomes effective on July 1, 2013. There was no testimony submitted in support of in opposition to the bill at the public hearing. The Committee on Higher Education and Employment Advancement unanimously passed the bill to the House. The House unanimously passed the bill and the Senate unanimously passed the bill In Concurrence with the House. The bill became Public Act 13-126 and was signed by the Governor on June 18, 2013. SB 1045: AN ACT CONCERNING GRADUATION REQUIREMENTS FOR THE CONNECTICUT STATE UNIVERSITY SYSTEM AND THE REGIONAL COMMUNITY-TECHNICAL COLLEGE SYSTEM. Died. This bill was introduced by the Committee on Higher Education and Employment Advancement. The bill required a study of the different graduation requirements of the public institutions of higher education within the Connecticut State University System and the regional community-technical college system. No testimony was submitted in support or in opposition to this bill at the public hearing. This bill died in Committee when it was not raised for a vote. SB 333: AN ACT REQUIRING A STUDY OF STUDENT ATTENDANCE AND DROP-OUT RATES IN RELATION TO FINANCIAL AID DISBURSEMENTS AT THE REGIONAL-COMMUNITY TECHNICAL COLLEGES. Died. This bill was introduced by the Committee on Higher Education and Employment Advancement. It was co-sponsored by Sen. Joan V. Hartley (D-Waterbury) and Rep. Michael L. Molgano (R-Stamford). The bill required the Board of Regents to study the correlation between student attendance and drop-out rates in relation to student financial aid disbursements at the regional community-technical colleges. The bill would have become effective on July 1, 2013. Testimony in support of the bill was submitted by Senator Joan V. Hartley (DWaterbury). There was no testimony submitted in opposition to the bill. The Committee on Higher Education and Employment Advancement unanimously passed the bill to the Senate. The Senate passed the bill to the House on a vote of 34-2. Sen. McKinney (RFairfield) and Sen. Welch (R-Bristol) were the only “NO” votes. This bill died on the House Calendar when it was not taken up for a vote. SB 868: AN ACT CONCERNING NONDEGREE CERTIFICATE PROGRAMS AND TECHNICAL TRAINING COURSES PROVIDED BY THE REGIONAL COMMUNITY-TECHNICAL COLLEGES. Passed. Special Act 13-17. Signed by the Governor on 6/24/13. This bill was introduced by the Higher Education and Employment Advancement Committee. It was co-sponsored by Rep. Ezequiel Santiago(D-Bridgeport) Rep. Hilda E. Santiago (D-Meriden), Rep. Linda A. Orange (D-Colchester), Rep. Whit Betts (R-Bristol), Rep. Cecilia Buck-Taylor (R-New Milford), Rep. Janice R. Giegler (R-Danbury), Rep. Thomas A. Vicino (D-Clinton), Sen. Joseph J. Crisco (D-Woodbridge), Sen. Steve Cassano (D-Andover), Sen. Carlo Leone (DStamford), Sen. Catherine A. Osten (D-Sprague), Sen. Paul R. Doyle (DWethersfield), Sen. Toni Nathaniel Harp (D-New Haven), Rep. Gail Lavielle (RWilton), Sen. Andrea L. Stillman (D-Waterford), Sen. Anthony J. Musto (D- Trumbull), Rep. Joseph C. Serra (D-Middletoen), and Rep. Michael L. Molgano (R-Stamford). The bill creates a pilot program, through the Office of Higher Education, which allows students interested in attaining certificate or technical course training to receive financial aid, in order to fill employment gaps in the healthcare, manufacturing, transportation, and energy industries. Subsection (d) calls for a report to be produced to assess the success of the pilot program. Submitting testimony in support of the bill was Amy Miller, Program and Public Policy Director, CWEALF; Philip E. Austin, Ph. D., Interim President, Board of Regents for Higher Education; Patricia Downs, Senior Workforce Advisor, Connecticut Center for Advanced Technology; Steve Bender, Executive Director, 1199 Training and Upgrading Fund; Cathy Awwad, Executive Director, Northwestern Connecticut Workforce Investment Board; and the Permanent Commission on the Status of Women: There was no testimony submitted in opposition to the bill. The Committee on Higher Education and Employment Advancement unanimously referred the bill to the Appropriations Committee with substitute language. The language clarifies that the funds provided for the program will be split over two years to have five hundred thousand dollars in each budget year. The substitute language also added that a report be created and specified the industries included in this legislation. The Appropriations Committee unanimously passed the bill to the Senate. In the Senate, Senator Bye (D-West Hartford) explained the bill, offered Senate Amendment “A” and moved adoption. Senate Amendment “A” says “After the last section, add the following and renumber sections and internal references accordingly: "Sec. 501. (Effective July 1, 2013) Not later than February 14, 2014, and February 13, 2015, the Board of Regents for Higher Education and the Board of Trustees for The University of Connecticut shall appear before the joint standing committees of the General Assembly having cognizance of matters relating to higher education and appropriations to report regarding the operating budget for the current fiscal year, the actual expenditures and revenues and status of budgetary reserves to date for the current fiscal year, and the estimated expenditures and revenues through the end of the current fiscal year of each state university within the Connecticut State University System, each regional community-technical college, Charter Oak State College and The University of Connecticut. " On a voice vote the amendment was adopted. The Senate unanimously passed the bill as amended to the House. The House adopted Senate Amendment “A” on a voice vote and unanimously passed SB 868 in concurrence with the Senate. The bill became Special Act 13-17 and was transmitted by the Secretary of the State to the Governor. SB 878: AN ACT MAKING CLARIFYING CHANGES TO THE HIGHER EDUCATION STATUTES IN ACCORDANCE WITH THE REORGANIZATION OF THE HIGHER EDUCATION SYSTEM. Passed. Public Act 13-240. Transmitted by Secretary of the State to the Governor. This bill was introduced by the Committee on Higher Education and Employment Advancement. This bill makes several unrelated changes to the higher education statutes, including (1) adding UConn's provost to the Higher Education Coordinating Council and allowing UConn to enter into student exchange agreements, (2) transferring certain duties from the Board of Regents for Higher Education (BOR) to the Office of Higher Education (OHE), (3) extending certain deadlines for the Planning Commission for Higher Education, and (4) repealing obsolete statutory language. It also makes technical and conforming changes. This bill has an effective date of July 1, 2013 §§ 1 & 3 — UCONN The bill adds UConn's chief academic officer (i. e. , provost) to the Higher Education Coordinating Council. By law, the council must, for public higher education institutions, (1) identify, examine, and implement savings in administrative functions and (2) develop accountability measures. The bill also allows UConn to enter into student exchange agreements with foreign countries or other states. BOR and OHE have this authority under existing law. § 2 — UNIQUE IDENTIFIER TRACKING Under current law, BOR must require public and independent higher education institutions receiving state funding to track unique identifiers or state-assigned student identifiers for all in-state students enrolled at the institution until the student graduates or is no longer enrolled. The bill eliminates BOR's responsibility and instead directly requires institutions to do this. By law, such identifiers are assigned to all students tracked by the Early Childhood Information System. § 5 — TEACHER CERTIFICATION The bill transfers to OHE a requirement to cooperate with the State Department of Education (SDE) in establishing, within available appropriations, (1) an accelerated cross endorsement process for subject shortage areas and (2) a program for formerly certified teachers to regain certification. Under current law, SDE performs these functions in cooperation with BOR. § 11 — PLANNING COMMISSION FOR HIGHER EDUCATION By law, the Planning Commission for Higher Education must develop and ensure the implementation of a strategic master plan for higher education. The bill extends several of the commission's reporting dates. It requires the commission to submit (1) a preliminary report on the development of the strategic master plan by June 1, 2014 and (2) the plan by September 1, 2014 (rather than by January 1, 2012 and October 1, 2012, respectively). Under current law, the plan must include specific goals and benchmarks for the years ending 2015 and 2020. The bill instead requires goals and benchmarks for the years ending 2020 and 2025. The bill also requires annual reports to the governor and legislature on the plan's implementation and progress toward achieving the goals (1) beginning January 1, 2016, to various legislative committees and (2) beginning October 1, 2016, to the governor (rather than by January 1, 2014 and October 1, 2014, respectively). §§ 4 & 12 — REPEALED PROVISIONS The bill eliminates provisions that provide, for reasons of hardship, death, or disability, loan deferments and forgiveness to undergraduates who receive loans under the academic scholarship loan program. By law, the program supports students who intend to teach in the state's public schools. The bill also eliminates obsolete references to the auxiliary services funds of the constituent units of higher education. These funds were eliminated in 1991; the constituent units instead have single operating funds. Additionally, the bill repeals the high technology doctoral fellowship program, advisory committee on federal matters, and Student Financial Aid Information Council, all of which are defunct. It also repeals obsolete provisions concerning (1) paraprofessional certification programs and (2) the issuance of postsecondary education certificates by BOR. Lastly, it eliminates an obsolete requirement concerning the disclosure to the BOR president of certain gifts received from foreign entities. Testifying in support of the bill at the public hearing was Jane A. Ciarleglio, executive director, Office of Higher Education. There was no testimony submitted in opposition to the bill. The Committee on Higher Education and Employment Advancement unanimously passed the bill to the Senate with substitute language that changed Section 5 of the underlying bill was removed because it is no longer needed by the University of Connecticut. Section 3 and 4 of the proposed substitute are new and change the Board of Regents to the Office of Higher Education. Section 15 extends the dates of the Planning Commission for Higher Education to submit reports by two years. The Senate adopted Senate Amendment “A” on a voice vote. The amendment (1) removes a provision transferring the administration of the academic scholarship graduate student loan program and fund, (2) modifies the transfer of certain teacher certification duties, (3) modifies the deadline extensions for the Planning Commission for Higher Education, and (4) makes technical changes. On a roll call vote, the Senate unanimously passed the bill to the House. The House adopted Senate Amendment “A” on a voice vote and unanimously passed the bill In Concurrence with the Senate. The bill became Public Act 13-240 and is awaiting the Governor’s signature SB 1139: AN ACT CONCERNING CHANGES TO PROGRAM APPROVAL FOR INSTITUTIONS OF HIGHER EDUCATION. Passed. Public Act 13-118. Signed by the Governor on June 6, 2013. This bill was introduced by the Committee on Higher Education and Employment Advancement and was co-sponsered by Sen. Martin M. Looney (D-New Haven). Modifications to the changes in the program approval process and other technical aspects of this bill were incorporated into House Amendment A, LCO 8174 that was attached to SHB5423 and passed at the close of the Session. We did a lot of work on this trying to convince legislators and others that it was unwise to allow each system of higher education in the State make decisions on programs in a vacuum. I believe that we have been successful in convincing the Co-Chairs of Higher Education that there needs to be a Statewide plan for Higher Education; that each system, including UConn need to have mission statements that conform to that plan and program approval decisions should not be made outside of those plans. There needs to be an entity that has responsibility to ensure that this is the case. Hopefully next year we will be able to come back and review what was done this year and create a coherent process that achieves this goal. UConn and the Independents will resist this as they always have in the past. This year they were very unhappy that put effort into trying to make this happen and they and the Board of Regents were very unhappy that the Co-Chairs of Higher Education and the Department of Higher Education sided with us. This bill modifies the academic program approval process for independent higher education institutions, which is administered by the Office of Higher Education (OHE). With certain exceptions, it deems applications for new and modified programs approved if OHE does not require any further action from the applicant within 45 days after receiving the application. It specifies criteria under which OHE may conduct a focused or on-site review of an application and establishes nine-member academic review commissions to review and adjudicate appeals of licensure or accreditation denials. Under current law, the State Board of Education (SBE) must give final approval to OHE's decisions concerning licensure and accreditation of independent higher education institutions and programs. The bill instead requires OHE to make the final decisions, including holding hearings requested by certain aggrieved parties (§§ 1-3, 7-22). The bill eliminates a requirement that the Board of Regents for Higher Education (BOR) approve UConn's new and modified degree programs, thus making the UConn Board of Trustees the final approving authority for these programs. The bill requires both UConn and BOR to notify OHE of their new and modified degree programs (§§ 4-6). It appears that this change may make several state statutes inapplicable to UConn in the future. The bill eliminates (1) a provision allowing OHE to establish an advisory council on accreditation to advise it on existing or proposed regulations; (2) a requirement that an evaluation of a program or institution be completed by SBE-appointed competent educators before a new license or accreditation is granted; and (3) an obsolete provision that allowed an existing institution to be issued a temporary, annually renewable one-year license. This bill would have become effective on July 1, 2013. § 1 — REVIEW STANDARDS By law, any independent higher education institution seeking to operate in Connecticut or offer a new degree program must receive approval from OHE (and, under current law, final approval by SBE). The institution must follow a process outlined in OHE regulations that generally includes (1) a planning assessment to evaluate the need for the program and the adequacy of resources; (2) a quality assessment, which is based on either a review of written material or a site visit, and which may be concurrent with the planning assessment; (3) review by the Advisory Committee on Accreditation; and (4) review and action by SBE (Conn. Agencies Reg. , § 10a-34-4). Under current law, SBE can license a program or simultaneously license and accredit it. A license allows the program to begin operations and admit students, but not to grant degrees. In order to grant degrees, a licensed program must attain accreditation. The bill eliminates SBE's role in this process (thus making OHE the final approving authority) and creates new review standards for program modifications, nonsubstantive changes, licensure, and accreditation. Under the bill, a “program modification” is a change that does not clearly qualify as a new program or nonsubstantive change, such as (1) a new program consisting primarily of coursework from a previously approved program; (2) an approved program to be offered off-campus; (3) a change in a degree title, or (4) a change in a program title. A “nonsubstantive change” is a new (1) undergraduate certificate program, within an existing program of higher learning, of 30 or fewer semester hours that falls under an approved program; (2) baccalaureate minor of 18 or fewer semester credit hours; or (3) option or certificate program of (a) 15 or fewer semester credit hours at the undergraduate level or (b) 12 or fewer semester credit hours at the graduate level. Both definitions are nearly identical to definitions in OHE's regulations (Conn. Agencies Reg. , § 10a-34-2). OHE Review The bill requires OHE to consider academic standards established in existing regulations (e. g. , faculty and curriculum requirements) when reviewing all applications for program modifications, nonsubstantive changes, licensure, and accreditation. With certain exceptions noted below, the bill deems approved all of these applications if 45 days pass without the need for further action. The program modifications must meet the academic standards to be deemed approved, but this requirement does not apply to the other changes. The bill requires OHE to notify the institution of the approval within 45 days of receiving the application. The bill generally conforms to existing regulations concerning the adjudication of nonsubstantive changes and program modifications. Under these regulations, nonsubstantive changes do not require prior approval; they are reported to OHE for informational purposes only. Program modifications are submitted to OHE and, within 45 days, either (1) deemed approved by OHE, (2) submitted to SBE for an approval decision, or (3) subjected to a full review by OHE (Conn. Agencies Reg. , § 10a-34-3). Focused and On-Site Reviews. The bill requires the OHE executive director or a designee to conduct a focused or on-site review of an application if the director or designee determines that it is needed due at least in part to the applicant offering instruction in a new degree program or a new degree level. It is unclear if focused or on-site reviews can be conducted for other reasons (e. g. , for a new certificate program that is not within an existing program). The bill also allows the OHE executive director or designee to require a focused or on-site review of any application in a health-related field where a license to practice in Connecticut is required. The bill requires an on-site review of a new institution once OHE determines that its licensure application is complete. Each program must be reviewed at the institutional level, and it appears that OHE's decisions can be appealed to an academic review commission (see below). OHE must complete the review process for a new institution within nine months of receiving the application. The bill defines a focused review as one by an out-of-state curriculum expert and an on-site review as a full team evaluation by OHE at the higher education institution. It allows the applicant to state any objection regarding an individual chosen to review an application on behalf of the OHE executive director. Accreditation by Another Entity Under current law, institutions that are regionally or nationally accredited must have that accreditation accepted by OHE unless there is cause not to rely on it. The bill specifies that the requirement to accept national accreditation applies only to those institutions accredited before July 1, 2013. It also allows OHE to deem accredited any program for which evidence of programmatic accreditation is presented (e. g. , accreditation by a professional association). § 1 — ACADEMIC REVIEW COMMISSIONS The bill allows institutions to appeal any denial of a licensure or accreditation application to a nine-member academic review commission. They must do so within 10 days of the denial. The bill requires OHE to establish the commissions, which must be selected from a 25-member panel composed of five appointments each by the governor and the House and Senate majority and minority leaders. Each appointing authority must select representatives from both higher education and business and industry, but no more than three from either category. The bill does not establish a term length for the appointees but, under existing law, it appears that they would serve at the pleasure of the appointing authority, but no later than the appointing authority's term of office (CGS § 4-1a). The bill requires the OHE executive director or a designee to select a commission for each individual appeal. Each commission must have (1) one representative from each appointing authority and (2) a total of five business and industry representatives and four higher education representatives. It has 30 days from the date of an appeal to review and adjudicate it. §§ 4-6 — PUBLIC INSTITUTION PROGRAM APPROVAL The bill eliminates a requirement that BOR approve UConn's new and modified degree programs, thus making the UConn Board of Trustees the final approving authority for these programs. It similarly eliminates BOR's authority to assess UConn for violations of program approval and licensure and accreditation requirements. The bill requires both UConn and BOR to notify OHE of their new and modified degree programs (§§ 4-6). Under existing law, BOR approves degree programs for the Connecticut State University System, regional communitytechnical colleges, and Charter Oak State College. It appears that this change may make various provisions in state law inapplicable to UConn in the future. Under current law, BOR licenses and accredits all public institutions in the state, including UConn. The bill eliminates BOR's licensure and accreditation of UConn, but there are several statutes that apply specifically to institutions accredited by BOR or SBE (changed by the bill to OHE). Because, under the bill, UConn appears to fall into neither category, it is unclear if these statutes would apply to UConn once its current accreditation expires. (UConn was most recently accredited by the former Department of Higher Education (now OHE), and so UConn would remain covered by the statutes until this accreditation expires. ) These statutes include, among other things, (1) eligibility for a teacher incentive loan program (§ 18), (2) a provision that exempts training programs from the definition of services under the sales tax (§ 19), and (3) eligibility for university beer and wine and beer permits (but not a university liquor permit) (§ 22). § 23 — LIABILITY WAIVER The bill exempts from liability any independent higher education institution that provides to certain entities, upon request, student data or records containing information that is confidential under federal or state law. These entities are any local or regional board of education or any state agency or department, and the disclosure must have been made in accordance with federal or state law and pursuant to a written agreement. The exemption applies to any breach of confidentiality, use, retention, or destruction of the student data or records resulting from an act or omission of the board, department, agency, or any person providing access to the data or records obtained by these entities. The bill specifies that the data and records include personally identifiable information as defined in the federal Family Educational Rights and Privacy Act of 1974's implementing regulations. Testifying in support of the bill was Michelle M. Kalis, Provost, University of Saint Joseph, Judith B. Greiman, Connecticut Conference of Independent Colleges), and Rev. Jeffrey von Arx, S.J. Fairfield University. Jane A. Ciarleglio, Executive Director, Office of Higher Education and Richard H. Strauss, Executive Director, CASE (Connecticut Academy of Science and Engineering) both testified that there were changes and compromises that needed to be made. The Committee on Higher Education and Employment Advancement passed the bill to the Senate on a vote of 16-3. Rep Hurlburt (fmr D-Tolland), Rep. Janowski (D-Vernon) and Sen. Bye (D-West Hartford) were the only “NO” votes. In the Senate, Senate Amendment “A” was proposed and adopted on a voice vote. The Amendment (1) with certain exceptions, deems approved within 45 days all applications submitted to OHE; (2) eliminates the requirement that BOR approve UConn's new academic programs, (3) requires BOR and UConn to notify OHE of their newly-approved academic programs; (4) defines “focused” and “on-site” reviews; (5) specifies that OHE may, rather than must, accept programmatic accreditation by another entity; and (6) makes technical and conforming changes. The Senate unanimously passed the bill as amended to the House. The House adopted Senate Amendment “A” on a voice vote and passed the bill In Concurrence with the Senate on a vote of 142-1. Rep. O’Neill (R-Southbury) was the only “NO” vote. The bill became Public Act 13-118 and was signed by the Governor on June 6, 2013. HB 5423: AN ACT CONCERNING REVISIONS TO THE HIGHER EDUCATION STATUTES. Passed. Public Act 13-261. This bill was introduced by the Higher Education and Employment Advancement Committee and co-sponsored by Rep. Hilda E. Santiago (D-Meriden), Rep. Dave W. Yaccarino (R-North Haven), Rep. Thomas A. Vicino (D-Clinton), Sen. Toni Boucher (R-Wilton), Sen. Anthony J. Musto (D-Trumbull), Rep. Joseph C. Serra (D-Middletown), and Sen. Steve Cassano (D-Andover). Language included in Amendment A, LCO8174 substantially altered the bill and was the result of substantial negotiations between ourselves, the Board of Regents, UConn, Independent Colleges, the Department of Higher Education, the Governor’s Office and the Co-Chairs and Ranking Members of the Higher Education. The bill: 1. replaces the higher education commissioner's position on the Connecticut Allied Health Workforce Policy Board with the Board of Regents for Higher Education (BOR) president and the executive director of the Office of Higher Education (OHE), increasing total board membership from 17 to 18; 2. assigns the Office of Educational Opportunity to OHE, rather than BOR; 3. adds a fifth gubernatorial appointee to the Planning Commission for Higher Education's membership; 4. grants immunity from civil liability to any person who donates tangible property to a regional community-technical college if such property causes damage or injury, unless it was caused by the donor's reckless, willful, or wanton misconduct; 5. requires candidates in teaching preparation programs that lead to professional certification to complete training in the awareness and identification of the unique learning style of gifted and talented children; 6. requires all teaching preparation programs that lead to professional certification to include instruction about the provision of services to gifted and talented children as part of student individualized education programs; 7. requires BOR to report to the Higher Education Consolidation Committee about the program approval process for all campuses of UConn, the Connecticut State University System, the regional-technical community colleges, and the Board for State Academic Awards; 8. allows the Higher Education Consolidation Committee to continue meeting beyond the September 15, 2012 cut-off date established in current law; and 9. requires the House speaker and the Senate president pro tempore to each appoint five members to OHE's academic review commission panel, which sSB 1139 of the current session, as amended, requires OHE to establish to hear appeals about denials of licensure or accreditation applications by independent higher education institutions. The bill also makes technical changes. This bill becomes effective on July 1, 2013, except for the provision granting immunity to regional-technical community college donors, which takes effect October 1, 2013; and provisions affecting the Connecticut Allied Health Workforce Policy Board and the Office of Educational Opportunity, which take effect upon passage. There was no testimony submitted in support or opposition to this bill at the public hearing. The Higher Education and Employment Advancement Committee unanimously passed the bill to the House with substitute language that added the Executive Director of the Office of Higher Education to the bill. The House proposed House Amendment “A” and adopted it on a voice vote. House Amendment “A”: 1. adds a fifth gubernatorial appointee to the Planning Commission for Higher Education, 2. grants immunity from civil liability to donors of tangible property to regionaltechnical community colleges, 3. adds gifted and talented training components to teacher preparation programs leading to professional licensure, 4. adds a topic to BOR's reporting requirement to the Higher Education Consolidation Committee and allows the committee to continue meeting for the indefinite future for program review, and 5. requires the House speaker and Senate president pro tempore to each appoint five members to OHE's academic review commission panel. The bill passed the House as amended on a vote of 137-6. The following is the roll call vote: Those voting Yea 137 Those voting Nay 6 Those absent and not voting 7 Y ABERCROMBIE Y HEWETT Y URBAN Y LABRIOLA Y ALBIS HOLDERWINFIELD Y VARGAS Y LAVIELLE Y Y ALEXANDER Y JANOWSKI Y VERRENGIA Y ALTOBELLO Y JOHNSON Y VICINO Y MILLER, L. Y ARCE Y JUTILA Y WALKER Y MINER Y ARCONTI Y KINER Y WIDLITZ Y ARESIMOWICZ Y LARSON Y WILLIS Y NOUJAIM Y AYALA Y LEMAR Y WRIGHT, C. Y O'DEA X BACKER, T. Y LESSER Y WRIGHT, E. N O'NEILL Y BARAM Y LOPES Y ZONI N PERILLO Y BECKER, B. Y LUXENBERG VACANT N PISCOPO X BOUKUS Y MARONEY Y REBIMBAS Y BOWLES Y MCCRORY Y RUTIGLIANO Y BUTLER Y MCGEE Y SAMPSON Y CANDELARIA, J. Y MEGNA Y ACKERT Y SAWYER Y CLEMONS Y MIKUTEL Y ADINOLFI Y SCRIBNER Y CONROY Y MILLER, P. ALBERTS Y SHABAN Y COOK Y MORIN Y AMAN Y SIMANSKI Y CUEVAS Y MORRIS Y BACCHIOCHI Y SMITH Y D'AGOSTINO Y MOUKAWSHER Y BETTS Y SRINIVASAN Y DARGAN BOLINSKY Y WALKO Y DAVIS, P. Y NAFIS BUCKTAYLOR Y WILLIAMS Y DEMICCO, M. Y NICASTRO Y CAFERO Y WOOD Y DILLON Y O'BRIEN Y CAMILLO Y YACCARINO Y DIMINICO, j. Y PERONE Y CANDELORA, Y V. ZIOBRON Y ESPOSITO Y REED Y CARPINO Y ZUPKUS Y FAWCETT Y RILEY Y CARTER Y FLEISCHMANN Y RITTER, M. Y CASE Y FLEXER ROJAS Y D'AMELIO Y FOX, D. Y DAVIS, C. Y SHARKEY (SPKR) Y FOX, G. Y ROVERO Y FLOREN Y FRITZ Y SANCHEZ Y GENGA Y SANTIAGO, E. Y GIEGLER Y GENTILE Y SANTIAGO, H. Y GIULIANO Y BERGER (DEP) Y GONZALEZ Y SEAR HOVEY Y GODFREY (DEP) X MUSHINSKY Y X ROSE N Y N X LEGEYT X MOLGANO X FREY N Y GROGINS Y SERRA Y HOYDICK Y MILLER, P.B. (DEP) Y GUERRERA Y STALLWORTH Y HWANG Y ORANGE (DEP) Y HADDAD Y STEINBERG Y KLARIDES Y RITTER, E. (DEP) Y HAMPTON Y TERCYAK Y KOKORUDA Y RYAN (DEP) Y HENNESSY Y TONG Y KUPCHICK Y SAYERS (DEP) In the Senate, House Amendment “A” was adopted on a voice vote. The bill was unanimously passed In Concurrence with the House. It is anticipated by all that were involved in this bill that the topic will be revisited in future sessions. The bill became Public Act 13-261 and is awaiting the Governor’s signature. STUDENT RELATED BILLS HB 5617: AN ACT CONCERNING STUDENT MEMBERSHIP ON THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF CONNECTICUT. Passed. Public Act 13-128. Transmitted by Sec of State to Governor. This bill was introduced by Rep. Gregory Haddad (D-Mansfield) and was referred to the Committee on Higher Education and Employment Advancement. This bill makes UConn students ineligible to fill either of the student representative seats on the university's Board of Trustees unless they remain enrolled full-time throughout their two-year terms. Currently, student board members may shift to part-time status or graduate before their terms expire, so long as they were enrolled full-time when they were elected. The change applies to students elected after July 1, 2013. This bill becomes effective on July 1, 2013. No testimony in support of this bill was submitted at the public hearing Matthew Vece testified in opposition to the bill at the public hearing. The Committee on Higher Education and Employment Advancement unanimously passed this bill to the House with substitute language. The substitute language clarifies that only those students elected after July of this year need to be enrolled full-time at the time of their election and for the duration of their term. The underlying bill would have required any current student member who may graduate this year to vacate their position upon graduation. The substitute language allows any such student member to finish out their term following graduation. This bill was intended to address a specific incident that occurred this year at UConn. The House passed the bill on a vote of 133-10. Those voting Yea 133 Those voting Nay 10 Those absent and not voting 7 The following is the roll call vote: Y ABERCROMBIE Y HEWETT Y URBAN Y LABRIOLA Y ALBIS Y HOLDER-WINFIELD Y VARGAS Y LAVIELLE Y ALEXANDER Y JANOWSKI Y VERRENGIA Y LEGEYT Y ALTOBELLO Y JOHNSON Y VICINO Y MILLER, L. Y ARCE Y JUTILA Y WALKER Y MINER Y ARCONTI Y KINER Y ARESIMOWICZ Y LARSON Y WILLIS Y NOUJAIM Y AYALA Y LEMAR Y WRIGHT, C. Y O'DEA Y BACKER, T. Y LESSER Y WRIGHT, E. Y O'NEILL Y BARAM Y LOPES Y ZONI N PERILLO Y BECKER, B. Y LUXENBERG VACANT N PISCOPO Y BOUKUS Y MARONEY Y REBIMBAS Y BOWLES Y MCCRORY Y RUTIGLIANO Y BUTLER Y MCGEE Y CANDELARIA, J. Y MEGNA Y ACKERT Y SAWYER Y CLEMONS Y MIKUTEL Y ADINOLFI Y SCRIBNER Y CONROY Y MILLER, P. Y ALBERTS Y SHABAN Y COOK Y MORIN Y AMAN Y SIMANSKI X WIDLITZ X MOLGANO N SAMPSON Y CUEVAS Y MORRIS X D'AGOSTINO Y MOUKAWSHER Y DARGAN Y Y DAVIS, P. Y DEMICCO, M. X DILLON Y BACCHIOCHI Y SMITH N BETTS Y SRINIVASAN MUSHINSKY N BOLINSKY Y WALKO Y NAFIS N BUCK-TAYLOR Y WILLIAMS Y NICASTRO Y CAFERO Y WOOD Y O'BRIEN Y CAMILLO Y YACCARINO Y DIMINICO, j. Y PERONE Y CANDELORA, V. Y ZIOBRON Y ESPOSITO Y REED Y CARPINO Y ZUPKUS Y FAWCETT Y RILEY N CARTER Y FLEISCHMANN Y RITTER, M. N CASE Y FLEXER Y ROJAS Y SHARKEY (SPKR) N FOX, D. X ROSE Y D'AMELIO Y DAVIS, C. Y FOX, G. Y ROVERO Y FLOREN Y FRITZ Y SANCHEZ Y FREY Y GENGA X SANTIAGO, E. Y GIEGLER Y GENTILE Y SANTIAGO, H. Y GIULIANO Y BERGER (DEP) Y GONZALEZ Y SEAR Y HOVEY Y GODFREY (DEP) Y GROGINS Y SERRA Y HOYDICK Y MILLER, P.B. (DEP) Y GUERRERA Y STALLWORTH Y HWANG Y ORANGE (DEP) Y HADDAD Y STEINBERG X KLARIDES Y RITTER, E. (DEP) Y HAMPTON Y TERCYAK Y KOKORUDA Y RYAN (DEP) Y HENNESSY TONG Y KUPCHICK Y SAYERS (DEP) N The Senate unanimously passed the bill In Concurrence with the House. The bill became Public Act 13-128 and is awaiting the Governor’s signature. SB 985: AN ACT CONCERNING THE RECOMMENDATIONS OF THE CONNECTICUT SENTENCING COMMISSION REGARDING AN EXEMPTION FROM STATE CONTRACTING REQUIREMENTS FOR INSTITUTIONS OF HIGHER EDUCATION THAT OFFER COURSES TO INMATES AT NO COST. Died. This bill was introduced by the Judiciary Committee. This bill specified that a higher education institution that enters into an agreement with the Department of Correction (DOC) solely for the institution's employees or agents to teach for-credit courses to inmates at no charge to DOC or the inmates is not considered a state contractor or to be providing contractual services because of the agreement. This means that, with respect to the agreement, the institution does not have to, among other things: 1) file a representation and documentation that it complies with state anti-discrimination laws; 2) permit the Commission on Human Rights and Opportunities (CHRO) access to pertinent books, records, and accounts on its employment practices and procedures; or 3) file compliance and employment reports with CHRO. This bill would have become effective on July 1, 2013. Testimony submitted in support of the bill was submitted by Quinnipiac University School of Law, Linda Meyer, Professor and Beth Hogan, Attorney. There was no testimony submitted in opposition. The Judiciary Committee unanimously passed the bill to the Senate. The Senate referred the bill to the Committee on Government Adminitration and Elections. They passed the bill back to the Senate. The Senate referred the bill next to the Committee on Higher Education and Employment Advancement. This bill was moved to the foot of the calendar on June 3rd, 2013 and on the last day of the session , the bill died when it was recommitted to the Judiciary Committee. S.B. 850: AN ACT CONCERNING CONNECTICUT AID TO PUBLIC COLLEGE STUDENTS. Died. This bill was introduced by the Higher Education and Employment Advancement Committee. This bill would have changed the responsibility for the annual appropriation request and approval of the formula for the Connecticut aid to public college students grant program for the Board of Regents for Higher Education to the Office of Higher Education. There was no testimony submitted in either support or opposition to this bill at the public hearing. This bill died in Committee when it was not taken up for a vote but elements of this concept were taken up in other pieces of legislation this session. HB 5500: AN ACT REQUIRING INSTITUTIONS OF HIGHER EDUCATION TO PROVIDE STUDENTS WITH UNIFORM FINANCIAL AID INFORMATION. Passed. Public Act 13-95. Signed by Governor 6/6. This bill was introduced by the Higher Education and Employment Advancement Committtee and was co-sponsored by Rep. Gregory Haddad (D-Mansfield), Rep. Patricia A. Dillon (D-New Haven), Rep. Terrie Wood (R-Darien), Rep. Livvy R. Floren (R-Greenwich), Rep. David Arconti (D-Danbury), Rep. Joe Aresimowicz (D-Berlin), Rep. Thomas A. Vicino (D-Clinton), Rep. Daniel S. Rovero (DDayville), Rep. Joe Verrengia (D-West Hartford), Rep. James Maroney (DMilford), Rep. David A. Baram (D-Bloomfield), Rep. Michelle L. Cook (DTorrington), Rep. Hilda E. Santiago (D-Meriden), Rep. Roberta B. Willis (DLakeville), Rep. Michael L. Molgano (R-Stamford), Sen. Gary D. LeBeau (D-East Hartford), Rep. Louis P. Esposito (D-West Haven), Rep. Penny Bacchiochi (RStafford Springs), Rep. Gail Lavielle (R-Wilton), Sen. Toni Boucher (R-New Canaan), Sen. Carlo Leone (D-Stamford), Sen. Andrea L. Stillman (D-Waterford), Sen. Joseph J. Crisco (D-Ansonia), Sen. Terry B. Gerratana (D-Berlin), Sen. Steve Cassano (D-Manchester), Sen. Edward Meyer (D-Guilford), Sen. Anthony J. Musto (D-Trumbull), Rep. Daniel J. Fox (D-Stamford), Rep. Kim Fawcett (DFairfield), Rep. Peter A. Tercyak (D-New Britain), Rep. Brian H. Sear (DCanterbury), Sen. John A. Kissel (R-Enfield), and Rep. Joseph C. Serra (DMiddletown). This bill requires public and private higher education institutions, including forprofit institutions licensed to operate in Connecticut, to provide uniform financial aid information to each admitted prospective student. The institutions must provide the information (1) before their enrollment deadline to allow students to make an informed enrollment decision and (2) using the financial aid shopping sheet developed by the federal Consumer Financial Protection Bureau and U. S. Department of Education under the Higher Education Opportunity Act. This bill becomes effective on July 1, 2014. There was no testimony submitted in support of this bill. Testimony submitted in opposition was submitted by Judith B. Greiman, Connecticut Conference of Independent Colleges (CCIC) The Higher Education and Employment Advancement Committee unanimously passed the bill to the House with substitute language that changed the effective date from “July 1, 2013” to “July 1, 2014”. There is an increasing interest by the Higher Education Committee and other legislators in the operations of student financial aid programs. The House referred the bill to the Appropriations Committee which unanimously passed the bill back to the House. The House adopted House Amendment “A” on a voice vote. House Amendment “A” extends the requirement to for-profit higher education institutions. The House unanimously passed HB 5500 as amended. The Senate adopted House Amendment “A” on a voice vote and unanimously passed HB 5500 as amended In Concurrence with the House. The bill became Public Act 13-95 and was signed by the Governor on June 6, 2013. HB 6604: AN ACT CONCERNING STUDENT FEES. Died. This bill was introduced by the Higher Education and Employment Advancement Committee and was an attempt to get at Conn PIRG. This bill authorizes a nonpartisan student organization at a public higher education institution that intends to lobby or engages a lobbyist to manage and administer the funds received from a voluntary student fee that the institution collects. It establishes requirements that the organization must (1) meet in order to obtain control and (2) follow once it does so. The bill also modifies the support level that a student government at a public higher education institution must meet in order to acquire or retain control of student activity funds. Additionally, it makes technical changes. This bill has an effective date of July 1, 2013, except that the technical changes and provisions affecting student government are effective upon passage. CONTROL OF STUDENT FEES Nonpartisan Organizations That Lobby The law allows student governments at public colleges and universities to assume and maintain full control over student activity funds if they prevail in a referendum for this purpose. The bill establishes a parallel process under which a nonpartisan student organization that intends to lobby or engages a lobbyist can manage and administer funds received from a voluntary student fee that the institution collects. Under the bill, the organization must prevail in a referendum in order to obtain control of the funds. The referendum must be held by secret ballot after 14 days' notice based on a petition signed by at least 5% of the students enrolled at the institution and paying activity fees. The referendum passes if (1) at least 20% of all enrolled students paying activity fees, plus one additional student, vote in favor of it and (2) these students constitute a majority vote in the referendum. If the referendum is approved, the organization must establish a board of directors to hold hearings on budget requests and expenditures and recommend allocation of the funds. The organization must have an elected treasurer, bonded in an amount set by the State Insurance and Risk Management Board, as one of its officers. The bill requires the organization to (1) file a balance sheet and statement of operations with the Office of Policy and Management secretary whenever the secretary orders it and (2) retain a copy of the balance sheet and statement for auditing purposes. The bill requires that a referendum on whether to continue the organization's control of the funds be held at least every four years. Requirements for conducting and approving the subsequent referenda are the same as those for the initial referendum. The bill also allows, upon a petition signed by at least 5% of the students enrolled at the institution and paying activity fees, a referendum to discontinue the organization's control of the funds. This referendum must be conducted in the same way as the other referenda, but the bill specifies that the organization loses control of the funds if a majority of those voting in the referenda votes for discontinuation. If, based on a referendum's results, the organization loses control of the funds, then control reverts to the institution's administration. Student Government The law allows student governments at public colleges and universities to assume and maintain full control over student activity funds if they prevail in a referendum for this purpose. The referendum requirements are generally the same as those that the bill establishes for nonpartisan organizations that lobby, except that a referendum for student government control can also be held upon the student government's initiative. Current law requires that the student government receive the support of a majority of at least 40% of the students enrolled and paying activity fees. The bill specifies that the referendum passes if (1) at least 20% of all enrolled students paying activity fees, plus one additional student, vote in favor of it and (2) these students constitute a majority vote in the referendum. Testimony submitted in support of the bill was submitted by Sam Hollister, Student, University of Connecticut Public Interest Research Group. Testimony submitted in opposition to the bill was submitted by John Saddlemire, Vice President of Student Affairs at the University of Connecticut. The Higher Education and Employment Advancement Committee unanimously passed the bill to the House with substitute language. The language make a purely technical change in lines 12, 38 and 43: "the nonpartisan student organization" becomes "such nonpartisan student organization". This bill died on the House Calendar when it was not taken up for a vote. HB 5602: AN ACT EXEMPTING INSTITUTIONS OF HIGHER EDUCATION THAT OFFER FREE COURSES TO INMATES FROM STATE CONTRACTING REQUIREMENTS. Passed. Public Act 13-69. Signed by Governor 6/3/13. This bill was introduced by the Government Administration and Elections Committee and was co-sponsored by Rep. Jason Rojas (D-East Hartford), Rep. Victor Cuevas (D-Waterbury), Rep. Rosa C. Rebimbas (R-Naugatuck), Rep. Noreen S. Kokoruda (R-Durham), Rep. Tony Hwang (R-Fairfield), Rep. Michael L. Molgano (R-Stamford), Sen. Edward Meyer (D-Guilford), Sen. Eric D. Coleman (D-Bloomfield), Sen. Carlo Leone (D-Stamford), Sen. Toni Nathaniel Harp (D-New Haven), Sen. Joan V. Hartley (D-Waterbury), Sen. Anthony J. Musto (D-Trumbull), and Rep. Brian H. Sear (D-Canterbury). This bill specifies that a higher education institution that enters into an agreement with the Department of Correction (DOC) for the institution's employees or agents to teach for-credit courses to inmates at no charge to DOC or the inmates is not considered a state contractor for the purposes of the agreement. This means that, with respect to the agreement, the institution does not have to, among other things, (1) file a representation and documentation that it complies with state anti-discrimination laws; (2) permit the Commission on Human Rights and Opportunities (CHRO) access to pertinent books, records, and accounts on its employment practices and procedures; or (3) file compliance and employment reports with CHRO. This bill goes into effect on October 1, 2013. Testimony submitted in support of the bill was submitted by Linda Ross Meyer, Professor of Law at Quinnipiac University. There was no testimony submitted in opposition to the bill. The Government Administration and Elections Committee unanimously passed the bill to the House. The House referred the bill to the Committee on Higher Education and Employment Advancement. They unanimously passed the bill back to the House. The House unanimously passed the bill. The Senate unanimously passed the bill In Concurrence with the House and the bill became Public Act 13-68. It was signed by the Governor on June 3, 2013. HB 6562: AN ACT CONCERNING ADULT EDUCATION AND TRANSITION TO COLLEGE. Passed. Public Act 13-121. Signed by Gov 6/20. This bill was introduced by the Higher Education and Employment Advancement Committee and was co-sponsored by Rep. Mary G. Fritz (D-Yalesville), Rep. Elizabeth A. Boukus (D-Plainville), Rep. Robert Sanchez (D-New Britain), Rep. James Maroney (D-Milford), Rep. Hilda E. Santiago (D-Meriden), Rep. Brandon L. McGee (D-Hartford), Rep. Paul Davis (D-Milford), Rep. Charlie L. Stallworth (D-Bridgeport), Rep. Catherine F. Abercrombie (D-Berlin), Rep. Toni E. Walker (D-New Haven), Rep. Patricia Billie Miller (D-Stamford), Sen. Kevin C. Kelly (RStratford), Sen. Toni Boucher (D-New Canaan), Sen. Carlo Leone (D-Stamford), Sen. Andrea L. Stillman (D-Waterford), Sen. Catherine A. Osten (D-Sprague), Sen. Andrew M. Maynard (D-Stonington), Sen. Joseph J. Crisco (D-Woodbridge), Sen. Terry B. Gerratana (D-Berlin), Sen. Steve Cassano (D-Andover), Sen. Edward Meyer (D-Guilford), Sen. Joan V. Hartley (D-Waterbury), Sen. Anthony J. Musto (D-Trumbull), Rep. Mike Demicco (D-Farmington), Rep. Michael L. Molgano (R-Stamford), and Rep. Theresa W. Conroy (D-Seymour). This bill allows adult education programs to offer college preparatory classes for adults who (1) have either a high school diploma or its equivalent and (2) require post-high school developmental education, in order to help them directly enroll at a higher education institution after completing the program. The local or regional board of education offering such college preparatory classes may charge participants a fee. By law, each local or regional board of education must have its own program of adult classes, or it must enter a cooperative arrangement with another board of education or regional educational service center to provide such a program. This bill becomes effective on July 1, 2013. Testimony submitted in support of the bill was submitted by Amy Miller, Program and Public Policy Director, Connecticut Women's Education and Legal Fund; David Levinson, Vice President for Community Colleges, Board of Regents; and Charlene Russell-Tucker, Chief Operating Officer, State Department of Education Testimony submitted in opposition to the bill was submitted by David Downes, Vice President, Connecticut Association of Adult and Continuing Education. The Higher Education and Employment Advancement Committee unanimously passed the bill to the House with substitute language. The substitute language makes the college preparatory class a component of adult education permissive rather than mandatory, as it is in the underlying bill. The House referred the bill to the Education Committee where it was unanimously passed back to the House. In the House, House Amendment “A” was offered. House Amendment “A” allows local or regional boards of education to charge a fee for college preparatory classes that are offered as an adult education program. The amendment was adopted on a voice vote. The House unanimously passed the bill. The Senate adopted House Amendment “A” on a voice vote and unanimously passed the bill In Concurrence with the House. The bill became Public Act 13-21 and was signed by the Governor on June 20, 2013. OTHER HIGHER EDUCATION BILLS HB 6292 (File No. 843): AN ACT CONCERNING TEACHER EDUCATION PROGRAMS. Passed. Public Act 13-133. This bill was introduced by Rep. Juan R. Candelaria (D-New Haven) and cosponsered by Rep. Minnie Gonzalez (D-Hartford), Rep. Hilda E. Santiago (DMeriden), Rep. Ezequiel Santiago (D-Bridgeport), Rep. James Maroney (DMilford), Sen. Martin M. Looney (D-New Haven), Sen. Joseph J. Crisco (DWoodbridge), Sen. Andrea L. Stillman (D-Waterford), Sen. Gary D. LeBeau (DEast Hartford), Sen. Toni Nathaniel Harp (D-New Haven), Rep. Jay M. Case (RWinsted) and Rep. Joseph C. Serra (D-Middletown). It was referred to the Committee on Higher Education and Employment Advancement. This bill adds a training area that teacher preparation program candidates must successfully complete before earning professional certification. Under current law, the State Board of Education has established four professional teaching standards competency areas. The bill requires candidates to also complete training in how children learn and develop socially and emotionally. Such training must provide instruction about (1) a comprehensive, coordinated social and emotional assessment of, and early intervention for, children who appear to have social or emotional problems; (2) the availability of treatment services for such children; and (3) referrals for assessment, intervention, or treatment services. *House Amendment “A” removes the requirement that the training instruct candidates on (1) how to conduct a social and emotional assessment, (2) how to provide early intervention, and (3) how to determine a child's eligibility for treatment. Instead, it requires instruction on assessments, interventions, and referrals. The amendment results in a savings of $280,000 in FY14 and $400,000 in FY15. Under the original bill, the constituent units of higher education would have required additional staff ($400,000) to develop and implement the program set forth in the original bill. Under the amendment, a cost of approximately $120,000 will occur in FY14 due to the need for faculty development; revision of two, possibly three courses; and the development and implementation of assessment tasks and scoring guides to assess teacher candidates on the necessary competencies required in the amendment. This bill has an effective date of July 1, 2013. Testifying in support of the bill at the public hearing was Stephen McKeever from the American Federation of Teachers. There was no testimony submitted in opposition to this bill. The Higher Education and Employment Advancement Committee voted unanimously to pass the bill favorably out of committee. The tally was 20-0. The bill was then sent to the House, only to be referred back to the Appropriations Committee for further consideration. They too reported the bill favorably out of committee by a vote of 39-1, with Sen. Hartley as the only “no” vote. Once the bill returned to the House, Rep. Candelaria offered House Amendment “A”, which was adopted on voice vote. The bill, as amended, passed by a vote of 91-45. The tally is posted below. Y ABERCROMBIE Y HEWETT Y URBAN N LABRIOLA Y ALBIS Y HOLDER-WINFIELD Y VARGAS N LAVIELLE Y ALEXANDER Y JANOWSKI Y VERRENGIA Y ALTOBELLO Y JOHNSON Y VICINO N MILLER, L. Y ARCE Y JUTILA Y WALKER N MINER Y ARCONTI Y KINER Y WIDLITZ X MOLGANO Y ARESIMOWICZ Y LARSON Y WILLIS X NOUJAIM Y AYALA Y LEMAR Y WRIGHT, C. N O'DEA X BACKER, T. Y LESSER Y WRIGHT, E. N O'NEILL Y BARAM Y LOPES Y ZONI N PERILLO Y BECKER, B. Y LUXENBERG VACANT N PISCOPO Y BOUKUS Y MARONEY N REBIMBAS Y BOWLES Y MCCRORY N RUTIGLIANO Y BUTLER Y MCGEE N SAMPSON Y CANDELARIA, J. Y MEGNA N ACKERT N SAWYER Y CLEMONS Y MIKUTEL N ADINOLFI Y CONROY Y MILLER, P. N ALBERTS Y LEGEYT X SCRIBNER N SHABAN Y COOK Y MORIN N AMAN N SIMANSKI X CUEVAS Y MORRIS N BACCHIOCHI X MOUKAWSHER N BETTS N SRINIVASAN X SMITH Y D'AGOSTINO Y DARGAN Y MUSHINSKY N BOLINSKY N WALKO Y DAVIS, P. Y NAFIS N BUCK-TAYLOR N WILLIAMS Y DEMICCO, M. NICASTRO N CAFERO N WOOD Y DILLON Y O'BRIEN N CAMILLO N YACCARINO Y DIMINICO, j. Y PERONE N CANDELORA, V. N ZIOBRON Y ESPOSITO Y REED N CARPINO N ZUPKUS Y FAWCETT Y RILEY Y RITTER, M. N CASE Y ROJAS N D'AMELIO X FLEISCHMANN N Y CARTER Y FLEXER Y FOX, D. X ROSE N DAVIS, C. Y FOX, G. X ROVERO N FLOREN Y SHARKEY (SPKR) X FRITZ Y SANCHEZ X GENGA Y SANTIAGO, E. N GIEGLER GENTILE Y SANTIAGO, H. N GIULIANO Y BERGER (DEP) Y GONZALEZ Y SEAR N HOVEY Y GODFREY (DEP) Y GROGINS Y SERRA N HOYDICK Y MILLER, P.B. (DEP) Y GUERRERA HWANG Y ORANGE (DEP) Y HADDAD Y STEINBERG N KLARIDES Y RITTER, E. (DEP) Y HAMPTON Y TERCYAK N KOKORUDA Y RYAN (DEP) Y HENNESSY Y TONG KUPCHICK Y SAYERS (DEP) N X STALLWORTH X FREY Y Y Upon passage in the House, the bill went to the Senate where House “A” was adopted and the bill passed, in concurrence, on a roll call vote of 33-1. Sen. Chapin casted the only dissenting vote. The bill was transmitted to the Secretary of the State, who has in turn delivered it to the Governor. It awaits his signature. S.B. 1080: AN ACT REQUIRING AN ANNUAL REPORT CONCERNING THE TECHNOLOGY TRANSFER ACTIVITIES OF THE UNIVERSITY OF CONNECTICUT. Died. This bill was introduced by the Commerce Committee and it is a topic that is sure to arise in future sessions. This bill required the University of Connecticut to report annually to the Commerce and Higher Education and Employment Advancement committees on its efforts to convert scientific and technological advancements into marketable goods and services (i. e. , technology transfer). The university must submit the first report by December 31, 2013. The report must cover the technology transfer activities of the university and its faculty members and must at least: 1. list the patents the university or its faculty members hold; 2. describe any patents awarded to them during the preceding 12 months; and 3. list and describe the businesses that received equity investment from the university, license technology from it or its faculty members, and that were founded by them. This bill would have become effective on July 1, 2013. There was no testimony submitted in support of the bill at the public hearing. Testifying against this bill at the public hearing was Thomas Peter, UConn Prof; and E. Carol Polifroni, president, American Association of University Professors, UConn Chapter. The Commerce Committee unanimously passed the bill to the Senate with substitute language. The substitute language deletes the underlying bill's provisions, which require all of the state's public colleges and universities, including the regional community-technical colleges, to expand the tenure review process to include technology and research commercialization activities. The Senate referred the bill to the Higher Education and Employment Advancement Committee and it was passed back to the Senate. This bill died on the last day of the Session when the Senate recommitted the bill to the Commerce Committee. SB 821: AN ACT CONCERNING RESPONSIBILITIES OF MANDATED REPORTERS OF CHILD ABUSE AND NEGLECT. Passed. Public Act 1353. Signed by the Governor. This bill was raised by the Children’s Committee on behalf of the Department of Children and Families. The co-sponsors of the bill were Rep. Daniel S. Rovero (D-Dayville), Rep. Cecilia Buck-Taylor (R-New Milford), Sen. Dante Bartolomeo (D-Meriden), Rep. Hilda E. Santiago (D-Meriden), Rep. Al Adinolfi (R-Cheshire) Sen. Andrea L. Stillman (D-Waterford), Sen. Terry B. Gerratana (D-New Britain) Sen. Joseph J. Crisco (D-Woodbridge), Sen. Edward Meyer (D-Guilford), Sen. Anthony J. Musto (D-Trumbull), Sen. Carlo Leone (D-Stamford), Rep. Minnie Gonzalez (D-Hartford), Sen. Paul R. Doyle (D-Wethersfield), Sen. Andrew M. Maynard (D-Stonington), Sen. Gayle S. Slossberg (D-Milford), Sen. Bob Duff (DNorwalk), Sen. Toni Nathaniel Harp (D-New Haven), Sen. Eric D. Coleman (DBloomfield), Rep. Jay M. Case (R-Winsted), Rep. Penny Bacchiochi (R-Stafford Springs), Rep. John K. Hampton (D-Simsbury), Rep. Theresa W. Conroy (DSeymour) and Rep. Brian H. Sear (D-Canterbury). Various members of the CSU system are mandated reporters already. This bill prohibits an employer from hindering, preventing, or attempting to hinder or prevent, an employee's efforts to make a good faith report as a mandated reporter or testify in a child abuse or neglect proceeding. The law already prohibits discharging, discriminating or retaliating against, an employee for making such reports or providing such testimony. By law, mandated reporters are legally required to file complaints when they have a good faith belief that a child is being or at risk of being harmed by a parent or other person having responsibility for the child's care or custody. The attorney general may sue an employer who violates this provision, and a court may impose a penalty of up to $ 2,500 on a violator and order other equitable relief it deems appropriate. The bill also modifies the protections of the whistleblower statute that regulates employer-employee relationships by prohibiting employers from discharging, disciplining, or otherwise penalizing an employee who is a mandated reporter for reporting a suspected incident of child abuse or neglect. (The law already prohibits an employer from taking such action against an employee who reports a law violation or suspected law violation to a public body.) By law, an employee may sue an employer who violates this provision for job reinstatement, back pay, and reestablishment of employee benefits after exhausting all available administrative remedies. Senate Amendment “A” prohibits an employer from attempting to hinder or prevent an employee's efforts to make a good faith report as a mandated reporter or testify in a child abuse or neglect proceeding. The bill’s effective date is October 1, 2013. Testifying in support of the bill were Commissioner Joette Katz, Department of Children and Families; Christopher Hankins, Connecticut Education Association and Anna Doroghazi, Connecticut Sexual Assault Crisis Services, Inc. Testifying in opposition to the bill was Susan McGuinness- Getzinger. The Children’s Committee favorably reported the bill to the Senate Floor on a unanimous vote of 12-0. Once the bill arrived in the Senate, it was referred to the Judiciary Committee for further consideration. The members of Judiciary voted unanimously to report the bill back to the Senate by a vote of 43-0. When the bill came back to the Senate, Amendment “A” was offered by Sens. Williams (D-Brooklyn), Looney (D-New Haven), Coleman (D-Bloomfield), Doyle (D-Wethersfield), LeBeau (D-East Hartford), Duff (D-Norwalk), Slossberg (DMilford), Stillman (D-Waterford) and Bartolomeo (D-Meriden). The amendment was adopted by voice vote, and the underlying bill, as amended, passed unanimously by a vote of 36-0. The bill made its descent to the House chamber, where Senate Amendment “A” was adopted on voice vote, and the underlying bill, as amended, passed by a unanimous roll call vote of 126-0. The bill was transmitted to the Secretary of the State, who, in turn, delivered it to the Governor’s office. The Governor signed the bill into law on May 28, 2013. HB 6394: AN ACT CONCERNING THE INDEMNIFICATION OF UNIVERSITY POLICE. Passed. Public Act 13-195. Transmitted by Sec of State to Gov. This bill was introduced by the Higher Education and Employment Advancement Committee and was co-sponsored by Rep. Selim G. Noujaim (R-Waterbury), Rep. Brandon L. McGee (D-Hartford), Rep. Cecilia Buck-Taylor (-New Milford) Rep. Linda A. Orange (D—Colchester), Rep. Joe Verrengia(D-West Hartford), Rep. Stephen D. Dargan (D-West Haven), Rep. Louis P. Esposito (D-West Haven), Sen. Joseph J. Crisco (D-Woodbridge), Sen. Anthony J. Musto (D-Trumbull). Sen. Catherine A. Osten (D-Sprague), and Rep. Joseph C. Serra (D-Middletown). This bill modifies the indemnification protections for public university police officers by providing them the protections possessed by the state police, rather than those possessed by the general state employee population. The protections are similar, but there are certain differences concerning the conditions under which the employee (1) is saved harmless and indemnified and (2) has legal expenses reimbursed by the state. This bill becomes effective on July 1, 2013. INDEMNIFICATION Under current law, public university police officers are covered by the general indemnification protections for state employees and officers (employees). The bill instead affords them the protections possessed by the state police. Under the bill, the state must protect and save harmless public university police officers from financial loss and expense, including reasonable legal fees and costs, arising from any claim, demand, suit, or judgment for alleged deprivation of a person's civil rights. The deprivation must not have been wanton, reckless, or malicious, and the officer must have been acting (1) in the discharge of his or her duties, (2) within the scope of his or her employment, or (3) under the direction of a superior officer. The state must pay reasonable legal fees and costs in cases where the officer (1) is found not to have acted wantonly, recklessly, or maliciously or (2) is not assessed punitive damages. Protection Differences The bill's protections replace the state's general indemnification protections for public university police officers. The protections are similar, but by law, general protections do not cover actions under the direction of a superior officer that are outside the scope of employment or discharge of duties. These actions are covered by the bill. However, the general protections extend to alleged negligence or other acts or omissions causing damage or injury, which are not covered by the bill. Further, under the general protections, an employee cannot be reimbursed for private counsel unless the attorney general (AG) has first declined to provide representation. The state provides reimbursement only after the final disposition of the suit, claim, or demand in which the employee is found (1) to have acted in the discharge of his duties or within the scope of his employment and (2) not to have acted wantonly, recklessly, or maliciously. Reimbursement is provided only in amounts determined to be reasonable by the AG, who may consider whether it was appropriate for a group of officers, employees, or members to be represented by the same counsel. The bill removes these requirements for public university police officers. Instead, it requires the state to pay reasonable legal fees and costs in cases where the officer (1) is found not to have acted wantonly, recklessly, or maliciously or (2) is not assessed punitive damages. There are no requirements that the AG (1) first decline to represent the officer or (2) determine what constitutes a reasonable reimbursement amount. There is also no specific prohibition on reimbursing an officer before the final disposition. Testimony submitted in support of the bill at the public hearing was submitted by Glenn Terlecki, President, Connecticut Police and Fire Union. There was no testimony submitted in opposition to the bill. The Higher Education and Employment Advancement unanimously referred the bill to the Judiciary Committee. They unanimously passed the bill to the House. The House unanimously passed the bill. The Senate unanimously passed the bill In Concurrence with the House. The bill became Public Act 13-195 and is awaiting the Governor’s signature. HB 6655: AN ACT CONCERNING CAMPUS SAFETY AND SECURITY. Died. This bill was introduced by the Higher Education and Employment Advancement Committee. This bill required public and independent institutions of higher education to develop security protocol plans, form campus threat assessment teams, and undergo safety audits. It also changed several aspects of the law regarding special police forces, including (1) civil service testing for UConn and state university police officers, (2) UConn and state university hiring authority, and (3) officer certification. The bill (1) commissioned a study of possible special police forces on regional community technical college (RCTC) campuses, and (2) required a coordinated security plan between the RCTC and Connecticut State University Systems. The bill also appropriated $ 200,000 to the Department of Emergency Services and Public Protection (DESPP) for campus safety and security audits of every state institution of higher education. It also made a technical change, renaming an “independent college or university” as an “independent institution of higher education. ” The bill failed to make conforming changes in other statutes where the term appears. This bill would have become effective upon passage. Testimony submitted in support of the bill was submitted by Barbara O'Connor, Director of Public Safety and Chief of Police, The University of Connecticut; Dr. Jane Fried, Professor, Central Connecticut State University and Steven Caron, Director of Public Safety, University of Saint Joseph There was no testimony submitted in opposition of the bill. The Higher Education and Employment Advancement Committee passed the bill to the House on an 18-1 vote. Rep. Walker (D-New Haven) was the only “NO” vote. Substitute language changed Section 1 to allow the President and Chief of Police or head of campus security to select the threat assessment team (rather than mandating exactly who shall be on the team) and removes student government from the team. Section 4 is removed from the underlying bill, which is the bonding section, as the decision was made that DESP and BOR need to come back to the legislature after the safety and security audits have been completed and a determination is made as to what upgrades are needed and what the cost of those upgrades will be. A new section 4 is added, requiring any armed security personnel or armed member of a special police force at the public institutions to be POST certified. In section 6, “two hundred thousand dollars” replaces the blank in the underlying bill. Parts of this bill were included in the gun legislation that passed this session. There is some concern that there has not been enough police training program spots available to enroll all of those potential campus police hires needed. This bill died on the House Calendar when it was not taken up for a vote. SB 844: AN ACT IMPLEMENTING THE BUDGET RECOMMENDATIONS OF THE GOVERNOR CONCERNING HIGHER EDUCATION. Died, (This bill was passed as part of HB6706). This bill is one of the Governor’s Bills and was introduced by Sen. Donald E. Williams (D-Brooklyn, Canterbury), Sen. Martin M. Looney (D-New Haven), Rep. J. Brendan Sharkey (D-Hamden), and Rep. Joe Aresimowicz (D-Berlin, Southington). When submitted it was difficult from the available data to determine what effect the proposed Governor’s Scholarship Fund would have on the CSU System would be but it became clear as the discussion progressed that there would be a huge shift in resources toward CSU over time. This bill established the Governor's Scholarship program as a single, consolidated state financial aid program for Connecticut residents who are undergraduates at instate public and private higher education institutions. The program replaced the state's existing undergraduate student aid programs: Connecticut Aid to Public College Students (CAPCS), Connecticut Independent College Student Grant (CICSG), the Capitol Scholarship, and Connecticut Aid to Charter Oak. The bill limited eligibility for the Governor's Scholarship to Connecticut residents enrolled in at least six semester credit hours and pursuing their first associate or bachelor degree. It established four award categories: a (1) need and merit-based award, (2) need-based award, (3) performance incentive pool, and (4) Charter Oak Grant. The bill specified how the appropriation for the program must be allocated across these categories and established reporting and audit requirements for the program. The bill required the Office of Higher Education (OHE) to administer the Governor's Scholarship. It repealed a provision that placed OHE, for administrative purposes only, within the Board of Regents for Higher Education (BOR), thus removing BOR's responsibility to provide OHE with certain administrative support. The bill required OHE, rather than BOR, to (1) perform several financial aidrelated duties, including (a) establishing statewide student financial aid policies, (b) reviewing and approving certain applications, and (c) assisting high school guidance counselors and financial aid officers and (2) administer any scholarship aid provided to students who attend out-of-state programs that prepare teachers of children requiring special education. It also eliminated a seven-member advisory committee on student financial assistance matters. Additionally, the bill repealed the award for excellence in science and technology, teacher incentive loan program, high technology assistantship program, and academic scholarship loan program. Each of these is defunct. Lastly, the bill made technical and conforming changes. The bill as proposed by the Governor would have dramatically shifted scholarship resources towards the CSU system over time. The existing recipients would have been held harmless. This bill would have become effective on July 1, 2013. Opposing this bill as written at the public hearing was Vijay Nair, CCSU, AAUP President; Walter Harrison, President, University of Hartford; Alexis Rodriguez; Christopher M. Marcelli, CCSU SGA; David Welsh, Director, Student Financial Assistance, Tunxis Community College; Eric Szabo; Jessica Owen; Joshua Quintana; Kriztina Dearborn; Margaret Malaspina, Director, Student Financial Assistance, Capitol Community College; Martha Shouldis, Ed. D. President, St. Vincent’s College; Patrick Carbone; Peter LeMaire; Sadanand Nanjundiah; Luis Tongson; Nimmi Sharma; Robin Purchala; Shaun Havanec; Danielle Balducci; Ethan Napolitano; Eric Bergenn; John Farrar; Judy B. Greiman; Luke E.E. Hunter; Melissa Linck; Nick K.D. Chaleunphone; Robert Hohman; and Sahar Khan. Testifying in support of this bill at the public hearing was Rich Gray, Executive VP, Administration and CFO, UConn and Jane A. Ciarleglio, Exec. Director, Office of Higher Ed. Philip E. Austin, Ph. D, Interim President, Connecticut Board of Regents expressed his opinion that the legislation needed changes. The independent colleges made the defeat of this bill their priority for the session. Pressure on members of the Committee to kill this bill was very intense. We worked with the Department of Higher Education, the Governor’s Office and the Co-Chairs to keep the bill alive and to get the votes to get it out of Committee. The Higher Education and Employment Advancement Committee passed the bill to the Senate with substitute language. Sections 1 and 2 of underlying bill were removed. Technical changes were made to new section 1, adding reference to new section 9. Section 4 of underlying bill was removed since this change was covered by HB 6648. In section 2 of the proposed subsection technical changes were made bracketing out additional sections that are being repealed. In section 5 of the proposed substitute, references to repealed sections are bracketed. In section 6 of the proposed substitute, reference to the Governor's Scholarship program is added. In section 7 of the proposed substitute, Board of Regents changed to the Office of Higher Education and reference to section 9 of the act is added. Section 11 of the underlying bill was removed because the section of the general statutes it amends is now being repealed. In section 8 of the proposed substitute, Board of Regents is changed to Office of Higher Education. Section 13 of the underlying bill was removed because of an issue in HB 6604, An Act Concerning Student Fees. In section 9 of the proposed substitute, "part-time students" were added to the pool of potential recipients of the Governor's Scholarship, while the requirement that recipients be "first-time" students was removed. "Eligible educational costs" was amended to include books and educational supplies at a fixed amount determined by the Office. Subsection (f) was changed to delete the requirement that each institution expend all moneys received under the program as direct financial assistance for tuition and required fees based on a sliding scale. Sections 10 through 12 of the proposed sub are technical sections deleting references to repealed sections. Section 13 of the proposed substitute adds sections 10a-12b, 10a-163 to 10a-163b, 10a-170a to 10a-170m, and 10a-170r to 10a-170v to the list of obsolete sections being repealed. It deletes the repeal of sections 10a-19g, 10a19h and 10a-19j (the Kirklyn Kerr grant program and English Language Learner loan reimbursement program). The bill died when it was referred to the Appropriations Committee and was not taken up for a vote. The Co-Chairs of the Appropriations Committee were very much opposed to this bill. Some minor elements of this bill were placed into HB5423, the Education implementing bill and SB878/HB6706, the Education technical revisions bills outlined in this report. THE BUDGET We have done a lot of work over the years trying to get money appropriated for the hiring of more full time faculty. In the past, whenever we were successful, the system administration didn’t cooperate. A diligent and coordinated effort this year resulted in a significant appropriation added to the budget that will enable new faculty to be hired over the next two years. The system should be pressured to move quickly if this is to be achieved. In our favor this time is that there is a clearer understanding among members of the Appropriations Committee and the Higher Education Committee of the dire need for key faculty. Meetings and other lobbying efforts over the past several years and the strong effort made this year accomplished this. Given the difficult financial decisions that needed to be made in the rest of the budget this is a near miracle. The strong belief in our system by Rep. Willis and the relationship that we have built up with her over the past several sessions was a major factor in our success. We worked very hard throughout the entire process to hold onto the increased funding and to ensure that it didn’t end up on any legislator’s list of must have cuts. In the end, there were adjustments but we survived to the end of the process. HB 6704: AN ACT CONCERNING EXPENDITURES AND REVENUE FOR THE BIENNIUM ENDING JUNE 30, 2015. Passed. Public Act 13-184. Signed on June 19th by the Governor. This bill was emergency certified by Rep. J. Brendan Sharkey (D-Hamden) and Sen. Donald E. Williams (D-Brooklyn, Canterbury). This was the final budget that passed. This bill appropriates funds for state agencies and programs for FY 14 and FY 15. It also makes various state tax and revenue changes. HB 6350: AN ACT CONCERNING THE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2015, AND OTHER PROVISIONS RELATING TO REVENUE. GOVERNOR’S BUDGET. Died This was the Governor’s budget. The Governor introduced his budget on February 6th. There were a lot of concerns raised about his budget. Municipalities were concerned about cuts to their grants and the elimination of the car tax. The budget included large cuts to social programs. The budget also required two statutory changes to the spending cap in order to not require an override of the cap which requires a 2/3 vote of each house of the General Assembly. Those changes were to capture pension fund payments as debt payment and exempt 100% federal funds received for programs such as Medicaid expansion as federal mandates. There were a lot of problems determining just what changes had been made to the budget since OPM had condensed a number of line items into larger categories. So under the Governor’s budget, a line item may incorporate 4-5 different programs which not only made it hard to determine exactly what had been cut but also would allow a lot of flexibility at the agency level to move funding between programs. Below are pieces of the Governor’s budget we thought you would be interested in. The numbers in the parentheses were reductions in the budget. REVENUE Provided for a tax amnesty program for two months in Fall 2013. Reduce ETIC from 30% to 25% in FY 14 and 27.5% in FY 15 and then restored it back to 30% in FY 16. Phased in a sales tax exemption on clothing and footwear of $40 in FY 14 and raised it to $50 in FY 15. Provided a $20,000 exemption to the car tax. Diverted certain amounts from various funds including Stem Cell Fund and Transportation Fund. Auction off the right to provide standard pricing of 800,000 utility customers which would have resulted in $80 million in onetime revenue. Continued the Oil Company Tax by expiration date thru 2015. EXPENDITURES OFFICE OF HEARINGS Created an Office of Hearings combining the hearing officers’ functions of Ethics, Election, Freedom of Information and Election Commissions into this office. COMPTROLLER Transferred the fringe benefit accounts for the Higher Education Units to the units’ budgets. HIGHER EDUCATION Established one account for student financial aid combining CAPCS and CICS. Provided UConn Next Generation funding of $17.4 million FY 15. OFFICE OF EARLY CHILDHOOD Created an Office of Early Childhood and transferred various early childhood programs into this new department. The Appropriations Committee took up the Governor’s budget and held their usual two weeks of hearings around the budget. For the first time in people’s memory, a number of hearings were very sparely attended though others such as the Health and Hospitals and Human Services hearings were packed with people concerned about budget cuts to social services programs. Then the subcommittees held meetings with the agencies around their budgets. We had subcommittee members ask agencies questions to figure out exactly how the funding was allocated. We set up meetings with the subcommittee Chairs and the Chairs of Appropriations for clients to discuss their concerns about the budget. Clients whose funding had not been cut were advised to write thank you notes and perhaps send one person to the hearings to thank the Governor and the legislature for their support. The subcommittees sent their recommendations to the Chairs of Appropriations, Sen. Toni Harp (D) New Haven and Rep. Toni Walker (D) New Haven who with the Office of Fiscal Analysis put together the Appropriations Committee budget. The budget passed as an amendment to HB 6350. It passed the Appropriations Committee on a party line vote of 32-14. Below are changes from the Governor’s budget made in the Appropriations Budget we thought you would be interested in. Appropriations' budget restored the formatting of displaying all the line items that the Governor had collapsed into single line items. EXPENDITURES DESPP Budget Items Related to PA13-3 AAC Concerning Gun Violence Prevention and Children's Safety including Development of School Security and Safety Plans $50,000 and Security Analysis at Higher Ed Institutions-$190,000. CHRO Governor Transferred Affirmative Action Planning from State agencies to CHRO; Appropriation left that function in CHRO. DEPARTMENT OF EDUCATION Provided $1.2 for adult education HIGHER EDUCATION Fringe Benefits which the Governor had transferred from the Comptroller to the constituent units - Appropriation's budget did not transfer the fringe benefits Maintained the Governor's Scholarship Program but increased the amount in the program by $2 million. Restored $66,500 for International Initiatives, $95,000 for English Language Learners. Funded the Governor's Next Generation program at UConn Added $2,823,893 for CSU to fill vacant positions 10% of the funding is for counselors. Also added $1 million for additional counselors BOARD OF REGENTS FOR HIGHER EDUCATION Charter Oak State College Community Tech College System Connecticut State University Board of Regents Nonfunctional - Change to Accruals AGENCY TOTAL 2,377,493 148,745,337 144,601,924 723,017 447,623 296,895,394 2,475,851 155,900,920 151,542,999 728,841 979,321 311,627,932 The Appropriations Budget went to the House and the Chairs (Appropriations and Finance) , subcommittee Chairs, OPM, the Governor’s Office and Democratic leadership began negotiations around the Budget and Revenue package. The negotiations were extremely difficult and made even more so because it was clear that the Senate did not have the votes to override the spending cap or the Governor’s proposed changes to the cap. At least three Senators were refusing to vote for such an override or changes, Sen. Hartley (D) Waterbury, Sen Slossberg (D) Milford and Sen. Doyle (D) Wethersfield. In order for the budget to come under the cap it would have required cuts of over $500 million. There were efforts to get the Senators to agree including grassroots lobbying campaigns, new ideas for changes to the spending caps, etc. But it soon became clear their votes would not change and either cuts needed to be made to the budget or another way needed to be found to allow the increases recommended by the Governor and Appropriations. The idea of moving 100% federally funded Medicaid funds into another (other than General fund) account was being explored. We are the only state that gross appropriates federal Medicaid funds. Creating such an account would put the rest of the budget even with the changes recommended by the Governor and Appropriations under the spending cap. Then the real issue became the revenue issue. There was some unhappiness with the proposal to continue the certain taxes that had been imposed to eliminate the deficit in 2011and there were a specific number of House Democrats who were opposed to the auctioning off of the right to provide standard pricing of 800,000 utility customers which would have resulted in $80 million in onetime revenue. There were also serious disagreements between Appropriation Chairs and the administration around certain changes Appropriations made to the Governor’s budget especially the decision not to move HUSKY A parents to the Health Care Exchange and the education cuts. With only days left in the session, a budget was put together. It restored education cuts and left HUSKY A parents in Medicaid. The revenue package was a combination of a number of things. It did not include the Energy auction, and it did include Keno. The budget was emergency certified and became HB 6704: AN ACT CONCERNING EXPENDITURES AND REVENUE FOR THE BIENNIUM ENDING JUNE 30, 2015. It was offered in the House first and after hours of debate passed the House on a party line vote 93-48 on June 1. The Republicans offered a number of amendments that failed on party line votes including preventing the gas tax increase from going into effect, stopping the transfer of funds from the Clean Energy Fund, moving state employees to defined benefit retirement plan and eliminating EITC to increase debt service payments. Two Republican amendments got Democratic vote one increased funding for hospitals for which 5 democrats voted with the Republicans. One amendment prevented some people from getting EITC, required people unemployed for 30 days or more to go to the Department of Labor to get their checks, also increase funds for fraud prevention efforts. Two Democrats voted for this amendment Rep. Bowles (D) Preston and Rep. Larson (D) East Hartford. The bill then went to the Senate which voted on it on Monday (June 3) before the Wednesday adjournment. Again the debate went on for hours. There were7 amendments. One decreased the EITC to 10%. All the amendments died on a party line vote. The bill passed the Senate on a vote of 19-17 with Senators Doyle, Slossberg and Hartley voting no. Sen. Coleman (D) Hartford was ill and just out of the hospital and still on an IV came in for the budget votes. There was a concern that Sen. Osten (D) Columbia was going to vote against the budget. She waited until the last moment to vote. If she had voted no they would have needed Sen. Coleman’s vote for a tie vote, letting the Lt. Governor vote yes to break the tie. Below are the pieces of the budget that passed that we thought you would be most interested in: REVENUE Requires the Department of Revenue Services (DRS) commissioner to establish a tax amnesty program for individuals, businesses, or other taxpayers that owe Connecticut state taxes to DRS. The amnesty runs from September 16, 2013 to November 15, 2013 and covers any taxable period ending on or before November 30, 2012. Reduces, from $ 12 million to $ 6 million, the annual disbursement from the Tobacco Settlement Fund to the Tobacco and Health Trust Fund and (2) eliminates the transfer of $ 10 million from the Tobacco Settlement Fund to the Stem Cell Research Fund. Extends, to 2013 and 2014, the temporary cap on the maximum insurance premium tax liability that an insurer may offset through tax credits. Extends the temporary 20% corporation income tax surcharge for two additional years, to the 2014 and 2015 income years. This part of the bill goes into effect upon passage Establishes a two-year moratorium on film production tax credits for motion pictures for FYs 14 and 15except for an exception for the FY 15 for a motion picture that conducts at least 25% of its principal photography days in a Connecticut facility that (1) receives at least $ 25 million in private investment and (2) opens for business on or after July 1, 2013. Extends the temporary tax on electric generation facilities for an additional three months, from July 1, 2013 to October 1, 2013. Exempts from the sales and use tax boats docked in Connecticut for 60 days or less and (2) reduces, from 7% to 6. 35%, the sales and use tax rate on boats costing more than $ 100,000. Eliminates laws requiring the DRS commissioner to deposit the following amounts into the Municipal Revenue Sharing Account, thus requiring these funds to go to the General Fund: Exempts from the 6. 35% sales and use tax clothing and footwear costing less than $ 50. Authorizes the DRS commissioner to require taxpayers (i. e. , retailers) who are delinquent in paying sales taxes to electronically remit the sales tax due on certain sales. Reduces the EITC from 30% to 25% for the 2013 tax year, (2) increases it to 27. 5% in the 2014 tax year, and (2) restores it to 30% for the subsequent tax years. Allows the Connecticut Lottery Corporation to offer Keno games, in addition to the state lottery. adds a one-time transfer from the Special Transportation Fund to the General Fund of $ 76.5 million for FY 14. Transfers funds from various sources to the General Fund. Amount § Source FY (millions) 89 Probate Court Administration Fund $ 1. 0 2014 99 Connecticut Resources Recovery Authority (CRRA) Up to 35. 2014 0 100101 Public, Educational and Governmental Programming and Educational Investment Account (PEGPETIA) 3. 4 2014 3. 5 2015 103104 State Banking Fund 8. 0 2014 3. 0 2015 105 Regional Greenhouse Gas Account 5. 0 2015 106107 Clean Energy Finance and Investment Authority 6. 2 2014 24. 2 2015 109 Tobacco and Health Trust Fund 3. 5 2014 EXPENDITURES DMHAS Funding included for PA 13-2 the Act to Prevent Gun Violence and additional programs around the same objectives added in the Appropriations Budget including the school security and higher education security pieces. HIGHER EDUCATION Created the Governor’s Scholarship Program combining all the state’s scholarship programs but reducing the total by $4 million in FY14 and $2.4 million in FY 15 Funded the Next Generation Project for UConn Retain the funding for new faculty at CSU BOARD OF REGENTS FOR HIGHER EDUCATION Charter Oak State College Community Tech College System Connecticut State University Board of Regents Nonfunctional - Change to Accruals AGENCY TOTAL 2,377,493 148,745,337 148,631,924 723,017 447,623 300,925,394 2,475,851 155,900,920 155,542,999 728,841 979,321 315,627,932 A. Budget Implementers of Interest HB 6706: AN ACT IMPLEMENTING PROVISIONS OF THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2015 CONCERNING GENERAL GOVERNMENT. Passed This bill was Emergency Certified and was introduced by Rep. J. Brendan Sharkey (D-Hamden) and Sen. Donald E. Williams (D-Brooklyn, Canterbury). It was cosponsored by Rep. Hilda E. Santiago (D-Meriden) and Sen. Anthony J. Musto (DBridgeport, Trumbull, Monroe). This was the second budget implementer bill. It was almost 600 pages long and did not get published until the afternoon of the last day of the session. They only had a few hours to pass it in the House and the Senate. A draft version was given to the Republicans that morning and we were able to get a copy LCO 8876. The Republicans used the short time period to force the Democrats to remove various sections of the bill, threatening to filibuster the bill thru the midnight deadline for adjournment. The time frame was so compressed that the final version that was published just stated “deleted” next to those sections that had been removed from the working draft even though the working draft basically did not exist in any formal sense (it was never published on the legislature’s website or distributed to all the members.) they just deleted sections and inserted the word “deleted” in those sections. The big fight was the change in the date of the implementation of the immigrant drivers' license bill but they also removed sections like one saying that the Health Exchange may negotiate rates with insurance companies in the Exchange and a section about the Exchange navigators which the brokers apparently didn't like. Below are descriptions of those sections of the bill that we thought you might be interested in: RESULTS FIRST POLICY OVERSIGHT COMMITTEE ● Establishes a Results First Policy Oversight Committee to advise on the development and implementation of the Pew-MacArthur Results First cost-benefit analysis model. ● The committee's overall goal is to promote cost effective policies and programming by the state. GOVERNMENT ACCOUNTABILITY COMMISSION ● Prohibits members of the Government Accountability Commission, which is within the Office of Government Accountability, from being state employees. EDUCATION TALENT DEVELOPMENT AND STATEWIDE STANDARDS REPORT ● By January 1, 2014 and quarterly thereafter requires the SDE commissioner to report to the Appropriations and Education committees on local and regional board of education talent development programs and the implementation of statewide education standards. ● Specifies the report contents, including performance measures, the program's status, status of certified evaluators, and program personnel and finances. OFFICE OF FISCAL ANALYSIS FISCAL NOTE REVIEWS ● Eliminates the requirement that the Office of Fiscal Analysis, every second and fourth year after the effective date of an enacted bill, review the bill's fiscal note and compare it to the original fiscal note prepared when the bill was enacted. REEMPLOYED RETIRED TEACHERS AND TENURE ● Prohibits retired teachers who are rehired to teach at a public school, at a lower pay scale and while collecting a pension, from having their retired service count toward earning tenure. HIGHER EDUCATION POLICE FORCES ● Repeals a provision in PA 13-3 that exempted the special police forces at UConn and the Board of Regents for Higher Education (BOR) from certain provisions of the State Personnel Act that address civil service qualifying exams. EXPANSION OF HEALTH ENHANCEMENT PROGRAM ● Allows the comptroller to develop and implement a plan to allow non-state public employees to participate in the Health Enhancement program established in accordance with the provisions of the 2011 Revised SEBAC Agreement. REPORTS BY BOARD OF REGENTS ● Requires BOR to report to the Appropriations and Higher Education committees, by November 1, 2013, on the status of the: (1) development and implementation of remedial support offered by the regional community technical colleges and (2) status of the employment of academic counselors by the Connecticut State University System. FILM PRODUCTION TAX CREDIT MORATORIUM ● Establishes a two-year moratorium on film production tax credits for FYs 14 and 15 for motion pictures that have not been designated as state-certified productions prior to July 1, 2013 ● Creates an exception for a motion picture that conducts at least 25% of its principal photography days in a Connecticut facility that (1) receives at least $ 25 million in private investment and (2) opens for business on or after July 1, 2013. ADULT EDUCATION IN NEW HAVEN AND BRIDGEPORT ● Allows programs to expand the scope to include more instructional services. APPROPRIATION FOR LITERACY HOW PROGRAM ● Up to $ 200,000 appropriated by the state budget to SDE will go to the Literacy How program in North Haven. GOVERNOR'S SCHOLARSHIP PROGRAM ● Establishes the Governor's Scholarship program as a single, consolidated state financial aid program for Connecticut residents who are undergraduates at in-state public and private higher education institutions. ● Replaces the state's existing undergraduate student aid programs: Connecticut Aid to Public College Students (CAPCS), Connecticut Independent College Student Grant (CICSG), the Capitol Scholarship, and Connecticut Aid to Charter Oak. ● Limits eligibility for the Governor's Scholarship to Connecticut residents enrolled in at least six semester credit hours and pursuing their first associate or bachelor degree. ● Establishes four award categories: a (1) need and merit-based award, (2) needbased award, (3) performance incentive pool, and (4) Charter Oak Grant. ● Specifies how the appropriation for the program must be allocated across these categories and establishes reporting and audit requirements for the program. HIGHER EDUCATION CONSOLIDATION COMMITTEE ● Requires that UConn provide this committee with updates on the academic program approval process. ACADEMIC REVIEW COMMISSIONS ● Makes a technical change to the number of appointees to the panel from which the Office of Higher Education selects academic review commissions. ACADEMIC ADVANCEMENT PROGRAM ● Requires SDE to establish a program allowing students in grades 11 and 12 to substitute fulfillment of high school graduation requirements with a passing grade on a national exam, achievement of a particular grade point average, and three letters of recommendation from school professionals; program completion allows graduation beginning in the 2014-15 school year. ● Allows student completion of the program to serve as a substitute for grade nine to 12 academic credit. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) ● Requires the state to pay off the accumulated GAAP deficit in equal annual increments over 13 years, starting in FY 16, rather than over 15 years, starting in FY 14. CREATING THE CONNECTICUT ARTS COUNCIL ● Creates a 13-member council within DECD and authorizes it to establish a foundation to raise funds and receive gifts from private sources to encourage participation in, and promotion, development, acceptance, and appreciation of, artistic and cultural activities. ● Allows the foundation to disburse funds and execute contracts to foster and promote the arts. ● Allows the foundation to apply for and receive grants, so long as it cooperates with and avoids directly competing with other Connecticut arts organizations when doing so. ● Beginning January 15, 2014, requires the council to annually notify DECD of the total amount of matching grants arts organizations are eligible to receive from the Connecticut Arts Endowment Fund. COMMISSION FOR EDUCATIONAL TECHNOLOGY ● Changes the Commission for Educational Technology's membership. ● Requires the Bureau of Enterprise Systems, in consultation with COGs, to recommend a two-year schedule for connecting each town and COG to the statewide high speed communications network. ● Repeals laws requiring the commission to work with (1) DAS to develop technology standards for education-related programs and (2) SDE to develop a statewide plan for teacher and administrator competency in instructional technology. STATE EMPLOYEES ● Comptroller, not DAS, issues employee statements on employee benefits. Allows appointing authorities to designate their appointing powers; allows DAS to deem people who meet class requirements eligible for positions without taking an exam (§ 333). ● Limits elective officers and department heads to four non-classified executive assistants each. Eliminates provision allowing a classified employee who becomes personal secretary to an administrative head, undersecretary, or deputy (a nonclassified position) to retain his or her classified status. ● Requires DAS to evaluate, at least every five years, (1) classified and (2) unionized non-classified, positions to determine if they are in an appropriate compensation plan. ● Deletes an obsolete provision requiring wage inequities in state service to be eliminated by July 1995. Requires (1) DAS to consider any further wage inequities identified during the five-year review classification compensation review process and (2) the legislature, at DAS's request with OPM approval, to appropriate sufficient funds to modify compensation plans accordingly. ● Limits non-union state employees' appeals to the Employees' Review Board (ERB) for alleged discrimination to alleged “unlawful” discrimination. Prohibits these employees from appealing to the ERB for discrimination if they also file a complaint with CHRO. Prohibits these employees from filing an appeal with ERB over unhealthy working conditions if they also file a complaint with state or federal OSHA. Prohibits parties from waiving transcript fees. Allows parties to mutually agree to waive appeals process deadlines. ● Puts additional limits on certain automatic compensation increases of non-union managerial employees. ● Requires DAS approval for overtime pay to employees working for multiple agencies. ● Shortens time limit for (1) a candidate list to remain effective, from six to three months, and (2) maximum extensions for a list to remain effective, from two to one year. Removes the extension limit on continuous recruitment lists. ● Prohibits any agency other than DAS from giving civil service exams. ● Allows DAS to charge a fee for taking a civil service exam. It can waive the fee is the applicant is financially unable to pay. ● Changes the time in which someone can appeal his or her rejection from taking an exam, from 10 days from receiving notice of the rejection, to 12 days from the notice's mailing. Reduces time for a decision from 30 to 15 days. ● Reduces the time in which someone can inspect their exam markings after failing an exam, from 30 days after receiving the results to 30 days after the results are issued. Reduces the time in which someone can appeal their exam results, from 30 to 10 days after inspecting the record. ● Allows DAS to waive the need for any appointment or promotional exam if (1) a professional license, degree, or accreditation is a mandatory requirement; (2) the position is for a job classification (a) used by a single state agency, (b) is limited in number, and (c) and has few vacancies in the professional or managerial series; (3) the qualifications for a position in the managerial class are so specialized or unique that an examination for a generic job classification would not (a) produce a list of qualified candidates and (b) be cost effective; or (4) there are five or less applicants qualified top take a promotional exam. Establishes a procedure for hiring under these circumstances. ● Allows appointing authorities to dismiss more than one employee every three months during the same position's working test period. Allows non-classified employees to take civil service exams regardless of their prior classified status. ● Limits DAS' power to authorize provisional appointments. ● Allows a former state employee who is rehired by the state less than one year later to reinstate his or her sick leave by repaying the amount he or she received for unused sick time. ● Requires long term leaves of absence to be renewed every two years. ● Requires veterans returning to state service to be reinstated with at least the level of benefits required by the federal Uniformed Services Employment and Reemployment Rights Act. ● Requires, rather than allows, the Executive Branch to negotiate with unionized CLC employees. ● DESPP commissioner, rather than DAS, holds hearings on state police dismissals from DESPP. In the House, the bill was explained by Representative Walker (D-New Haven) who offered House Amendment "A" and moved its adoption. The amendment allows municipalities to utilize a community notification system to inform residents on matters concerning the time, location, and subject of upcoming referenda. The amendment also makes changes to the statutes concerning use of state or municipal resources on election matters. Additionally, the amendment eliminates the provision that allows the Connecticut Health Insurance Exchange to negotiate premiums with health carriers who seek to offer health insurance plans through the exchange. Lastly, the amendment, which allows certain employees to compete for positions in classified service. On a voice vote the amendment was adopted. The House then voted on the bill as amended and the bill passed 92-53. It was a party line vote except Rep Bowles (D-Ledyard) and Rep Rovero (D-Killingly) voted against the bill. The bill was immediately transmitted to the Senate. Senator Harp (D-New Haven) explained the bill as amended and moved passage. On the roll call vote House Bill No. 6706 as amended was passed in concurrence with the House. The vote was a party line vote with the exception of Sen. Slossberg (D-Milford) who voted against the bill. Revenue, Budget and Implementer Bills That Did Not Pass SB 843: AN ACT CONCERNING REVENUE ITEMS TO IMPLEMENT THE BUDGET. Died This bill was introduced by Sen. Donald E. Williams (D-Brooklyn, Canterbury), Sen. Martin M. Looney (D-New Haven). Rep. J. Brendan Sharkey (D-Hamden), and Rep. Joe Aresimowicz (D-Berlin, Southington). This was the Governor’s tax package. The final tax package passed as part of the budget bill HB6704. This bill was referred to the Finance, Revenue and Bonding Committee which held a public hearing. Testifying in support of the bill at the Finance Committee Public Hearing were Benjamin Barnes, Office of Policy and Management Secretary; Andy Markowski, National Federation of Independent Business; Matthew S. Knickerbocker, Town of Bethel First Selectman; Pedro E. Segarra, Mayor of the City of Hartford; Mark N. Paquette, Windham Region Council of Governments; Carlos Vasquez, United Illuminating Holdings Corporation; Jay Fletcher, Northeast Utilities Service Company, on behalf of CL&P and Yankee Gas; John Holtz, Green Mountain Energy Company, NRG Retail; Becky Merola, Noble Americas Energy Solutions LLC; Direct Energy Services, LLC; Daniel Allegretti, Exelon Corporation; Peter and Dolores Marchese and Jerzy Baginski. Testifying in opposition to the bill were Wade Gibson and Matthew M. Santacroce, Connecticut Voices for Children; Jane McNichol, Legal Assistance Resource Center of Connecticut, Inc.; Shirley Bergert, Connecticut Legal Services; Liz Dupont-Diehl, Connecticut Association for Human Services; George Jepsen, Attorney General for State of Connecticut.; John DeStefano, New Haven City Mayor; Bill Buhler; Paul Filson, Director of Service Employees International Union; Kevin Segalla, Connecticut Film Center; Brian O'Leary, National Broadcasting Company Universal; Angela Miele, Motion Picture Association of America, Inc.; Joseph P. Brennan, Connecticut Business and Industry Association; Jim Finley, Connecticut Conference of Municipalities; Tom Swan, Connecticut Citizen Action Group; Rhonda Evans, Connecticut Association for Community Action; Sue Gunderman, STRIDE Job Placement Coordinator; Permanent Commission on the Status of Women; Maegan Parrott; Jordana Frost, Department of Health and Human Services Maternal Health Division; Colleen O'Connor, Connecticut Public Health Association; Sean Noble, National Community Tax Coalition; Mary Pat Healy, Bridgeport Child Advocacy Coalition; Mark N. Paquette, Windham Region Council of Governments; Robert F. Burbank, Town of Andover First Selectman; Lisa Pellegrini, Somers First Selectwoman; Austin Tanner, Brooklyn First Selectman; Steve Krasinski, Somers Board of Finance; Michael A. Milone Cheshire Town Manager; Jeffrey Hogan, Farmington Town Council; Richard J. Collins, Jr.; Charity Folk; Patrick J. Lacy; Debra Stewart; Ralph Eno, Lyme First Selectman; Barbara Gilbert, Rocky Hill Town Manager; Robert Mallozzi, New Canaan First Selectman; Joseph S. Mazza, Guilford First Selectman; Cheryl Marceau; Susan M. Dyer, Norfolk First Selectman; Richard Shuck, Stafford First Selectman ; James M. Hayden, East Granby First Selectman; Derrylyn Gorski, Bethany First Selectman ; Allan D. Walker, Jr., Town of Woodstock; Michael R. Criss, Harwinton First Selectman ; John Elsesser, Coventry Town Manager; Richard Smith, Deep River First Selectman; James DeLano; Barbara Henry, Roxbury First Selectman; Robert Tarlov, Colchester Board of Finance; Steven Avakian; Leo Paul, Litchfield First Selectman; Edward Haberek Jr., Stonington First Selectman; Jeff Bridges, Wethersfield Town Manager; Cynthia J. Schoch; Laura Francis, Durham First Selectman; Katherine Pugliese, Plainville Town Council; Robert Lee, Plainville Town Manager; Dawn Schieferdecker; Betsy Gara, Connecticut Council of Small Towns ; Gayle Weinstein, Weston First Selectman; Alan H. Bergren, Norwich City Manager; Bill Finch, Bridgeport City Mayor; Daniel V. Jerram, New Hartford First Selectman; Paul M. Formica, East Lyme First Selectman; Andrew J. Tierney, Hebron Town Manager; Leigh Grant; Judy Higby; Frederick Engel; Robert Kalinowski; John Brodin; Dana Phelan; Richard Theodore Pieczarka; Anthony Camilleri; Jean Merz; Rita Gruener; Joan Brod; Cathy Reeves Marcias; Carolyn and Ralph Mattson; Peter Zanini, Jr.; Susan Roberts; John Hooker; George Gebrian; David and Judy Ruhm; Susan Roberts; Judy W. Nelson; George W. Bond; Robert Connelly; Jeff Yazmer; David Nelson; Allan Ames; Richard and Maureen McCall; Lisa Mooney; S. Edward Jeter; Tom Riccio; Jan Smith; Pamela Schibelein; Scott Miller; Marion Grey; Christian A. Herb, Connecticut Energy Marketers Association; Steve Sack, Sack Distributors; Sharon Peterson, Apple Oil; Rick Bologna, Westmore Fuel; Joseph U. Rose, Propane Gas Association of New England; David Gable, Hocon Gas; Stephen G. Rosentel, Leahy's Fuels; T. Michael Morrissey, Morrissey Consulting, L.L.C.; Wilhelm B. Gauster; Jay Kooper, HESS Corporation; Melissa Biggs, Retail Energy Supply Association; William Barkas, Dominion Retail, Inc.; Byron Peterson; Barbara R., American Assocaition of Retired Peersons; Michael E. Hachey, TransCanada Power Marketing Ltd. and Grant W. Westerson, Connecticut Marine Trades Association. The Finance Committee added substitute language that clarified the bill. The effective date was changed from "from passage" to "July 1, 2013", and the transfers were rewritten to apply by fiscal year. The Finance Committee passed the bill to the floor of the Senate by a party line vote of 31-17. Among the state tax provisions, the bill would have required the Department of Revenue Services (DRS) commissioner to establish a tax amnesty program that runs from September 16, 2013 to November 15, 2013. It would have extended, for two additional years, the temporary (1) cap on the maximum insurance premium tax liability that an insurer may offset through tax credits and (2) 20% corporation income tax surcharge. It would have (1) increased the sales tax rate on certain digital products and computer and data processing services and (2) exempted certain vessels from the sales and use tax, and (3) reduced the sales and use tax rate on boats costing more than $ 100,000. The bill would have established a process to group electric company customers who have not chosen a competitive supplier (standard service customers) and have suppliers bid for the right to serve them. It also would have established a credit against the utility companies tax for gas companies equal to costs they incur in providing incentives for prospective customers who are more than 150 feet from existing mains to connect to the gas distribution system. The bill changed amounts transferred to and from the General Fund. It would have eliminated the requirement that a portion of the sales, luxury, and real estate conveyance tax be allocated to the Municipal Revenue Sharing Account, thus requiring these funds to remain in the General Fund. It modifies certain annual transfers from the General Fund to the Special Transportation Fund (STF) and eliminates transfers from the Tobacco Settlement Fund to two research funds. It would have transferred certain amounts to the General Fund from the STF and other sources. The bill would have modified several existing tax credit programs. It (1) reduced the state earned income tax credit (EITC) against the personal income tax for the 2013 and 2014 tax years, (2) increased the total amount of business credits available under the Urban and Industrial Sites Reinvestment Program, and (3) made business investments in neighborhood advocacy projects in certain designated areas eligible for a maximum 100% Neighborhood Assistance Act (NAA) tax credit. As for local taxes, beginning in the 2018 assessment year, the bill would have exempted from property taxes the first $ 20,000 of a motor vehicle's net assessed value. The exemption applied to people who own or lease cars, light duty trucks, pickup trucks, or motorcycles on the list the motor vehicles commissioner provides to municipalities. Lastly, the bill would have increased several municipal fees, including those for (1) liquor permit, document, and map filings; (2) marriage licenses; and (3) burial and cremation permits. When it became clear that this bill would not be used for the tax package, it was moved to the foot of the calendar and died when it was recommitted to the Finance Committee by the Senate. HB 6357: AN ACT IMPLEMENTING THE BUDGET RECOMMENDATIONS OF THE GOVERNOR CONCERNING EDUCATION. Died. Parts were merged into HB 6706. See above. This was the Governor’ bill to implement sections of the budget that pertain to education. Legislative leadership introduced the bill on his behalf. They are Rep. J. Brendan Sharkey (D-Hamden), Rep. Joe Aresimowicz (D-Berlin), Sen. Donald E. Williams (D- Brooklyn) and Sen. Martin M. Looney (D-New Haven). Sections 1 and 2 of the bill would have updated the Education Cost Sharing (ECS) formula. HB 6350, the Governor’s FY 14 and FY 15 budget bill, as favorably reported by the Appropriations Committee, included $50.8 million in FY 14 and $101.5 million in FY 15 for increases in ECS grants to municipalities. The bill would have updated various definitions, including: (1) changing the definition of a town's wealth by weighting property to income wealth in a ratio of 90/10, (2) Free and Reduced Price Lunch (FRPL) eligibility will replace Title I, (3) current 15% weighting of Limited English Proficiency (LEP) students will be eliminated and replaced with 30% weighting of FRPL eligibility, (4) for most wealthy communities the minimum aid ratio would have been reduced from 9% to 2%, the minimum aid ratio for Alliance Districts will be 10%, (5) per capita income and median household income would have been replaced by median household income which would have been produced and annually updated through the Department of Economic and Community Development, (6) reform districts would have phased in at 12%, Alliance Districts at 8%, and all other districts at 1%, and (7) the foundation would have increased from $9,867 to $11,525. Section 3 would have re-established the minimum budget requirement for FY 14. Section 4 would have authorized the Commissioner of Education to withhold Alliance District funding if a municipality failed to have their plan approved. This could have results in a potential revenue loss to Alliance Districts and a corresponding savings to the state. In FY 13, Alliance District funding ranged from approximately $200,000 to approximately $4.8 million. Sections 5 - 12 would have extended the statutory cap on various grants. This would have resulted in a savings to the state of approximately $102.8 million in FY 14 and $114.6 million in FY 15. These savings were included in HB 6350 as favorably reported by the Appropriations Committee. The following grants would have been statutorily capped: Adult Education, Excess Cost, Health and Welfare Services Pupils Private Schools, Non-Public Transportation, and Transportation of Public School Children. Section 13 would have reduced the per pupil, state, charter school reimbursement rate, from $11,000 in FY 14 to $10,500 and from $11,500 in FY 15 to $11,000. This would have resulted in savings to the state of approximately $3.25 million in both FY and FY 15; these savings were included in HB 6350 as favorably reported by the Appropriations Committee. The charter school appropriation would have been transferred from ECS into a separate charter school account. HB 6350 transferred approximately $73.8 million in FY 14 and $83.5 million in FY 15. There are approximately 6,500 charter school students attending 17 state charter schools. Section 14 would have established a competitive transportation grant program. HB 6350 included $5 million in both FY 14 and FY 15 for this purpose. Sections 15 - 22 would have removed all references to public transportation grants. HB 6350, as favorably reported by the Appropriations Committee, removed approximately $20 million in both FY 14 and FY 15 associated with this grant program. Section 22 would have repealed a science program for educational reform districts. HB 6350, as favorably reported by the Appropriations Committee, contained $455,000 in both FY 14 and FY 15 for this program. Testifying in support of the bill were Robert Cotto Jr., Connecticut Voices for Children; Governor Dannel P. Malloy; Secretary Benjamin Barnes, Office of Policy and Management; Commissioner Stefan Pryor, State Department of Education; Reshma Singh, Achievement First; Florence Brown, Karl Hardrick, Tanya Walker and Liz Smith, Achievement First parents; Betsy Gara, Executive Director Connecticut Council of Small Towns; Connecticut Association of Boards of Education; Connecticut Council for Education Reform; Dr. Christina M. Kishimoto, Hartford Public Schools; David Scata, East Haddam Public Schools; Jennifer Alexander and Alex Spurrier, Connecticut Coalition for Achievement Now; Joseph J. Cirasuolo, Connecticut Association of Public School Superintendents; Ray Rossomando, Connecticut Education Association; Gina Fafard, Inter district School for the Arts and Communication; Bill Phillips, Northeast Charter Schools Network ; Jeri Powell, Greater New England Public Schools Alliance (GNEPSA); Lizanne Cox, Common Ground High School; Stephen McKeever, American Federation of Teachers, Connecticut Chapter and AFL-CIO and Michael M. Sharpe, Jumoke Academy and Family Urban Schools of Excellence. Testifying in opposition to the bill were Dr. Bruce Douglas, Capital Region Education Council; Connecticut School Transportation Association; Kachina Walsh-Weaver, Connecticut Council of Municipalities; William Davenport; Katherine Wilson, League of Women Voters; Herb Rosenthal, Connecticut Coalition for Justice in Education Funding; Michael J. Foran, New Britain High School Principal; Kendall F. Wiggin, State Librarian; Vincent Juliano, Russell Library; Carl DeMilia, Connecticut Library Association and New Milford Public Library. Also testifying in opposition to the bill were a number of individuals concerned about the Healthy Foods Initiative being funded by Community Investment Act, which is traditionally reserved for land use. They were Sandra Kersten Chalk, New London Landmarks; Amy Blaymore Paterson, Esq., Connecticut Land Conservation Council; Connecticut Preservation Action; David Brant, Executive Director Aspetuck Land Trust; Gwen D. Haaland Ph.D., Ashford Conservation Commission ; Henry N. Talmage, Connecticut Farm Bureau Association; Helen Higgins, Connecticut Trust for Historic Preservation; Judith Carrol, Community Development Specialist Connecticut Housing Coalition; Joan Smith, President Groton Open Space Association, Inc.; Michelle Doucette Cunningham, Connecticut After School Network; Robert Mills, Norwich Community Development Corporation; Samuel Hinckely, Windsor Land Trust; Tom Andersen, Connecticut Audubon Society; Wayne Kilpatrick, Windham County Conservation Consortium; David Sutherland, The Nature Conservancy; Eric Hammerling, Connecticut Forest and Park Association; Peter T. Govert, East Haddam Land Trust; John Erbland, President East Granby Land Trust; Patrick J. McMahon, Town of Suffield Economic and Community Development Department; Todd Bryant, Norwalk Preservation Trust; Martin Mador, Sierra Club; Susan Sweitzer, New Canaan Preservation Alliance; Working Lands Alliance; Lucy Nolan, End Hunger Connecticut; Bill Horne; Brian Florek; Dorothy Millen; Fred Jones; Gail Cameron Anita Mielert; Amy Paterson; Ian Clark; Kathy Demers; Linda Bireley; Lori Blinderman; Marcia Kilpatrick; Neil Volkmar; Rebecca Stedman; Ruth Cutler; Sue Murray; William Breck; A.F. Von Plachecki; Amy Weber Reid; Benjamin Freund, Dairy Farmer; Bruce T. Fletcher ; Colette Shulman; David Holahan ; Jack Kemper; Joyce Mowrey; Mardi Hanson-D’Alessandro and Mimi Findlay. The Education Committee unanimously voted to send the substitute version of their bill to the Appropriations Committee, as a change of reference, by a vote of 26-0. An amendment was offered by Rep. Fleischmann to strike in lines 66 and 67 of LCO No. 5248, “eleven thousand five hundred twenty-five” and insert “eleven thousand six hundred forty-six” in lieu thereof. In lines 386 to 389, inclusive, of LCO No. 5248, and insert the following in lieu thereof. It failed on voice vote. When the bill was before the Appropriations Committee, they unanimously passed another substitute version of the bill to the House Floor, by a vote of 52-0. The bill died on the House Floor, but certain provisions were incorporated into the omnibus General Government implementer, HB 6706. HB 6614: AN ACT CONCERNING EMPLOYERS AND HEALTH CARE. Died. This bill was introduced by the Committee on Labor and Public Employees and was co-sponsored by Rep. Roland J. Lemar (D-East Haven). This bill would have required certain large employers to pay the Department of Social Services (DSS) commissioner a monthly fee for each of their employees who receive assistance from HUSKY A or B for themselves or their families. The fee would have been based on the average annual cost of in-state employer-based commercial health insurance, prorated to the number of hours the employee worked over the previous month. The bill allowed the attorney general to investigate and bring a civil action in Hartford Superior Court against an employer that fails to pay the required fees. It exempted any information obtained in the investigation from the Freedom of Information Act. The bill's fee requirement would have applied to any legal entity, except the state and its political subdivisions, that (1) directly employs at least 100 employees in the state and at least 250 employees overall or (2) indirectly employs through The bill was raised by the Labor and Public Employees Committee. The Labor Committee favorably reported the bill to the House on a 7-4 vote. Sen Markley (RCheshire, Southington), Rep. Smith (R-New Fairfield), Rep. Miner (R-Bethlehem), and Rep. Williams (R-Watertown) were the only “NO” votes. The House referred the bill to the Finance, Revenue and Bonding Committee where it was favorably reported back to the House on a party line vote of 30-19 except Rep. Altobello (D) Meriden voted no.. The House referred the bill to the Human Services Committee where was favorably reported back to the House on a vote of 8-7. The “NO” votes were Sen. Slossberg (D-Milford, Orange), Sen Markley (R-Cheshire, Southington), Rep. Wood (R-Darien, Norwalk), Rep. Ackert (R-Coventry, Columbia), Rep Case (R-Torrington), Rep. Rutigliano (R-Trumbull) and Rep. Zupkus (R-Bethany). The House referred the Bill to the Committee on Government Administration and Elections and they favorably reported it back to the House on a vote of 8-2. The “NO” votes were Sen. McLachlan (R-Bethel) and Rep. Hwang (R-Fairfield, Trumbull) The bill died when it was not taken up for a vote in the House. HB 6351: AN ACT MAKING DEFICIENCY APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 2013. Died This bill was introduced by Rep. J. Brendan Sharkey (D-Hamden), Rep. Joe Aresimowicz (D-Berlin, Southington), Sen. Donald E. Williams (D-Brooklyn, Canterbury), and Sen. Martin M. Looney (D-New Haven). This was the Governor’s proposed deficiency bill. The Constitution requires that the budget be balanced at the end of a fiscal year so agencies or proposals that are running a deficiency must have funds transferred to them from other programs or funding found to fill the deficit. This bill did that for the deficiencies that were anticipated at the time the Governor introduced his budget. The bill was sent to the Appropriations Committee. The Appropriations Committee added Substitute Language to address the deficiencies that were anticipated at the time this committee did their bill. The substitute language increased the funding for the Higher Education Alternative Retirement System from $5,000,000 to $8,000,000; the Employers Social Security Tax from $10,000,000 to $14,000,000; and the Retired State Employees Health Service Cost from $20,000,000 to $40,000,000. The Appropriations Committee passed this bill to the House on a party line vote of 27-17. The bill died in the House when it was not taken up for a vote. Any deficiencies were addressed in the budget bill HB 6704.