2012 major acts

7/31/2019 2012 Major Acts

1/21

Office of Legislative ResearchConnecticut General Assembly

OLR MAJOR ACTS

Connecticut General AssemblyOffice of Legislative Research

Sandra Norman-Eady, Director

Phone (860) 240-8400FAX (860) 240-8881http://www.cga.ct.gov/olr

Room 5300

Legislative Office BuildingHartford, CT 06106-1591

[email protected]

Table of Contents

Alcohol 2

Banks 2

Biennial Budget 2Business and Jobs 3

Children 4

Criminal Justice 4

Education Reform 6

Elections 9

Energy 10

Environment 11

Finance 12

Government Administration 13

Health and Human Services 14Higher Education 15

Housing 16

Insurance 16

Judicial Matters 17

Labor 18

Municipalities 19

Public Safety 19

Seniors 20

Transportation 20

Veterans 21

May 14, 2012 2012-R-0181

NOTICE TO READERS

These summaries areintended to describe briefly

the most significant, far-reaching, and publiclydebated acts passed by theGeneral Assembly in its 2012regular session.

Not all provisions of the acts areincluded. Our 2012 Public Act Summarybook, which contains detailed summariesof all public acts, will be available later thissummer.

The Major Acts are posted on the

Internet at http://cga.ct.gov/olr/. TheOffice of Legislative Research alsoproduces a number of specific reportshighlighting timely legislation in varioussubject areas, including acts affectingchildren, senior citizens, the environment,and business. These reports will also beavailable at the above website.

7/31/2019 2012 Major Acts

2/21

May 15, 2012 Page 2 of 21 2012-R-0181

ALCOHOL

Liquor Control Act Changes(Sunday Sales)

The legislature this year made

several changes to the statesliquor control act. A new lawexpands the days and hours foralcohol sales, including allowing(1) off-premises sales on Sundaysand (2) retailers who sell alcoholfor off-premises consumption tosell one item below cost eachmonth. It also establishes theCompetitive Alcoholic LiquorPricing Task Force to study

Connecticut's liquor permittingand pricing laws and comparethem with surrounding states.

(PA 12-17, most provisionseffective upon passage)

BANKS

Interest Rate FloorThe legislature eliminated the

1.5% minimum interest rate for

tax and insurance escrowaccounts. As of October 1, 2012,the interest rate must be no lessthan the federal deposit indexrate for the previous year. (The2012 deposit index is 0.16%.)

(HB 5414, effective October 1,2012)

BIENNIAL BUDGET

Revised FY 13 BudgetThe FY 13 revised budgetincreases original FY 13appropriations by $143.0 millionto $20.5 billion. Although thebudget act does not containrevised FY 13 revenue estimates,

it changes the level of staterevenue available by increasingspending in accounts that arepartially reimbursed by federalfunds, adjusting the transfer

between the General andTransportation Funds, increasingfunding for tax enforcement, andmaking various otheradjustments. It largely eliminatesthe $546.5 million surplus thathad been budgeted in the originalFY 13 budget, leaving a $7.5million balance.

Growth Rate.The growth

rate for all appropriated funds is1.6% over estimated FY 12expenditures and 0.7% over theprior FY 13 appropriation level.

Spending Cap.The FY 13revised budget is under thespending cap by approximately$142.3 million.

Education Reform Funding

InitiativesThe legislature appropriated

$93.8 million in FY 13 foreducation reform initiatives, asshown in Table 1.

7/31/2019 2012 Major Acts

3/21

May 15, 2012 Page 3 of 21 2012-R-0181

Table 1: Education Reform Funding Initiatives(in millions)

Initiative Amount $Education Cost Sharing (ECS) 50.0Charter Schools 8.1

Commissioners Network 7.5Early Childhood (SchoolReadiness Slots)

6.8

Interdistrict Magnet Schools 4.7Talent Development 3.5School Readiness QualityEnhancement

3.0

K-3 Reading 2.7Various Initiatives 2.2Sheff 2.0Family Resource Centers 1.9Vocational Agriculture 1.4TOTAL 93.8

Of the 169 towns, 33 receiveno ECS increase for FY 13. Of the$50.0 million in funding, $39.5million is earmarked for alliancedistricts, and the funding issubject to the educationcommissioners approval.Additionally, the states annualper-pupil grant to state charterschools increases from $9,400 to

$10,500 in FY 13, to $11,000 inFY 14, and to $11,500 in FY 15.For further details about these

initiatives, please seeEDUCATION REFORM below.

(HB 5557, various effectivedates)

BUSINESS AND JOBS

Balancing Economic Growth

and Environmental ProtectionDuring the 2012 session, thelegislature authorized newpractices aimed at cutting thetime and money spent onobtaining environmentalapprovals without compromising

environmental goals. A new lawallows qualified environmentalprofessionals, instead ofDepartment of Energy andEnvironmental Protection (DEEP)

staff, to certify whether projectsrequiring a stormwater orwastewater discharge generalpermit comply with the permitrequirements. DEEP may auditeach certification and act againsta professional who fails to satisfythe permits requirements.

(sHB 5344, effective uponpassage)

The legislature alsoauthorized a pilot program fordetermining the environmentalimpact of state-fundedredevelopment projects. Amongother things, it provides ashorter, more condensedenvironmental review processand the authorization toinvestigate and remediateproperty under DEEPs voluntary

site remediation program insteadof the more cumbersomeTransfer Act. The pilot programmust be tested on three proposedprojects in areas targeted foreconomic developmententerprise zones, targetedinvestment communities, anddistressed municipalities.

(sHB 5342, effective uponpassage)

Hartford Region Revitalization

The legislature renewed effortsto revitalize Hartford and boosteconomic development in theHartford region by expanding themission and geographic scope of

7/31/2019 2012 Major Acts

4/21

May 15, 2012 Page 4 of 21 2012-R-0181

the quasi-public agency itinitially created to plan andimplement the Adriaen's Landingproject. The act also allows theagency to (1) create 2,000

additional downtown housingunits, (2) develop and redevelopproperty anywhere in Hartford,and (3) construct riverfrontinfrastructure anywhere inHartford or East Hartford.

(sSB 22, effective uponpassage)

CHILDREN

Children Placed in Seclusion(Scream Rooms)

A new law requires localschool boards and other entitiesproviding special education tochildren, when recordinginstances when seclusion orrestraints are used on a child, toindicate whether the use ofseclusion was in accordance withthe childs individualized

education program or whetherthe use of seclusion or restraintswas an emergency. It alsorequires, rather than allows, theState Board of Education (SBE)to review and summarize thisinformation and provide thesummaries to the ChildrensCommittee for inclusion in thechildrens report card.

(sHB 5347, effective July 1,

2012)

Superior Court Allowed toFinalize Adoptions

The legislature approved ameasure that permits theDepartment of Children and

Families (DCF) to file adoptionpetitions in the Superior Court,instead of the probate court,when the prospective adoptivechilds biological parents rights

have been terminated by thatcourt.(sHB 5217, effective October

1, 2012)

Sibling Visitation for Childrenin DCF Custody

A new law establishesminimum visitation rights forseparated siblings of childrenplaced in DCF care and custody,

including children in fosterhomes, starting in October 2014.Siblings must be allowed to visitwith each other, on average, oncea week provided they are living inConnecticut and within 50 milesof each other. The legislation alsorequires the DCF commissionerto meet with members of eachyouth advisory board to getrecommendations for a Sibling

Bill of Rights(sSB 156, effective October 1,

2014 for the sibling visitationand upon passage for the bill ofrights)

CRIMINAL JUSTICE

Death PenaltyThe legislature eliminated the

death penalty as a sentencing

option for crimes committed onor after April 25, 2012. It did thisby renaming capital felonies,such as murdering a lawenforcement officer, someoneunder age 16, or someone duringa kidnap or sexual assault or

7/31/2019 2012 Major Acts

5/21

May 15, 2012 Page 5 of 21 2012-R-0181

committing murder for hire ormultiple murders at the sametime, murder with specialcircumstances. It makes thepenalty for this new crime life

imprisonment without thepossibility of release.The act specifies that it does

not affect capital felonyconvictions or cases pendingbefore April 25, 2012. Crimescommitted before that date canstill be punished as capitalfelonies, which are punishable byeither death or life imprisonmentwithout the possibility of release.

The act also establishes aclassification process andconditions of confinement for anyinmate (1) convicted of murderwith special circumstances or (2)whose death sentence iscommuted by the Board ofPardons and Paroles, or reducedby a court, to life without thepossibility of release.

(PA 12-5, effective on passage

and applicable to crimescommitted on or after that date)

Domestic ViolenceA new law gives family

violence victims greater supportfrom the courts, law enforcementagencies, and court-based victimservice providers. Among otherthings, it:

1. strengthens certain courtrestraining and protectiveorders aimed at protectingfamily violence victims,

2. requires courts to providecopies of protective ordersto victims employers andschools upon request, and

3. takes steps to create astandard police approachto family violence crimes.

(sHB 5548, most provisionseffective October 1, 2012)

Driving Under the Influence(DUI) and Ignition Interlocks

The legislature made anumber of changes to the drivingunder the influence (DUI) laws,including:

1. restricting driving duringthe first year of ignitioninterlock device use after asecond DUI conviction to

driving (a) to or from workor school or (b) to analcohol or drug abusetreatment program orignition interlock servicecenter and

2. allowing a DUI offenderwhose license ispermanently revoked torequest restoration sooner(after two instead of six

years) but requiringlifetime use of an ignitioninterlock device afterrestoration, subject to arequest for removal of thedevice for good cause after15 years of use.

(sHB 5553, most provisionseffective July 1, 2012)

Reporting a Missing Child

(Caylees Law)A new law makes it a class A

misdemeanor, punishable byimprisonment for up to one year,a fine of up to $2,000, or both, toknowingly fail to report thedisappearance of a child under

7/31/2019 2012 Major Acts

6/21

May 15, 2012 Page 6 of 21 2012-R-0181

age 12. The duty to report appliesto any parent, guardian, orperson who has custody orcontrol of, or is supervising, thechild and who either does not

know the childs location or hasnot had contact with him or herfor 24 hours.

(HB 5512, effective October 1,2012)

Advertising and SexualExploitation of a Minor

A new law creates the class Cfelony of commercial sexualexploitation of a minor. The

crime consists of knowinglypurchasing space to advertise fora commercial sex act thatincludes a depiction of a minor.The act specifies that neither (1)lack of knowledge of the depictedpersons age nor (2) reliance on anon-governmental representationare defenses.

It permits the accused toavoid conviction by proving he or

she made a reasonable, bona fideattempt to ascertain the depictedpersons age by requiring him orher to produce a government-issued identity card and keepingand producing a copy.

Class C felonies arepunishable by imprisonment forup to 10 years, a fine of up to$10,000, or both.

(sHB 5504, effective October

1, 2012)

EDUCATION REFORM

The General Assemblys 2012education reform act made majoreducation changes to, amongother things,

1. address the statesacademic achievement gap;

2. identify and intervene inschool districts andschools with low academicperformance;

3. increase state educationfunding to towns;

4. provide more financialsupport for school choiceprograms;

5. improve teacher training,qualifications, practice,and evaluation systems;and

6. establish a separategoverning board for thestates technical highschool system.

New School ReadinessProgram SpacesThe legislature approved

funding for 1,000 new spaces inschool readiness programs. Halfof the new spaces must belocated in the 10 school districtswith the lowest academicperformance, while the other halfare split equally between the (1)priority and former priority

districts that not among the 10lowest and (2) so-calledcompetitive districts, which aredistricts not included in either ofthe other two categories but thatare either among the 50 poorest

7/31/2019 2012 Major Acts

7/21

May 15, 2012 Page 7 of 21 2012-R-0181

in the state or have one or morelow-income schools.

Intensive Early ReadingProgram

The act creates a newintensive kindergarten-to-grade-three reading program to improveliteracy and narrow theachievement gap. In each of thenext two school years, five low-achieving schools will be selectedto participate. The program mustinclude (1) routine studentreading assessments, (2)scientifically based instruction,

(3) an intensive readingintervention strategy, and (4) anintensive summer school readingprogram.

The intervention strategymust include one reading coachand four reading interventionistsfor each school, all funded by thestate. It also includes (1) teacherand administrator training inreading research and (2)

administrator training inassessing classrooms to ensurestudents are proficient readers.Students at priority schools whoare reading below proficiencymust also be enrolled in anintensive summer school readingprogram that includescomponents named in the act.

Intervening in Low-Performing

SchoolsThe act creates the

Commissioners Network ofSchools as a means for the stateto intervene in low-performingschools and raise studentacademic achievement. By July

1, 2014, the commissioner mustselect up to 25 schools for thenetwork, and selected schoolsmust begin implementing schoolturnaround plans by that date.

When a school is chosen forthe network, the act requires itsschool district to create aturnaround committee, whichincludes parents and teachers, todevelop a turnaround plan forthe school based on a menu ofschool improvement models. Ifthe plan is deficient or no plan issubmitted, the educationcommissioner can use the acts

models to develop his own planfor the school. The act providesfor a streamlined collectivebargaining process when unioncontracts need modification inorder to carry out theturnaround plan.

The act allows a turnaroundcommittee or the commissionerto choose various nonprofit orgovernment entities to govern or

manage network schools, butlimits to six the number that canbe governed by private nonprofitentities, including charter schoolmanagement organizations thatmeet the acts criteria.

The commissioner mustprovide funding, technicalassistance, and operationalsupport to schools participatingin the commissioner's network.

SBE must pay any costs ofimplementing a plan that exceedthe schools ordinary operatingexpenses.

7/31/2019 2012 Major Acts

8/21

May 15, 2012 Page 8 of 21 2012-R-0181

School Choice ProgramsThe education reform act

increases annual per-studentgrants to state charter schools,interdistrict magnet schools

outside the Hartford region, andschool districts operatingregional agriculture science andtechnology centers. It also (1)provides an additional incentivefor school districts with morethan 4,000 students to increasetheir enrollment of out-of-districtstudents under the Open Choiceinterdistrict school attendanceprogram and (2) requires that

two of the next four state charterschools approved before July 1,2017 be schools offering a duallanguage or other specializedprogram for English languagelearners.

Education Cost Sharing (ECS)Grants and Alliance Districts

The act increases ECS grantsto towns for FY 13 by $50 million

in the aggregate. It also imposesconditions on ECS grantincreases to the 30 towns withthe lowest-performing schooldistricts. Release of theadditional funds to thesealliance districts is contingenton the education commissionersapproval of each districts plan toimprove student and schoolperformance through such

methods as extended learningtime, improved readingprograms, and additionaltraining for teachers and otherstaff.

The state must also fund aminimum of 10 new family

resource centers and 20 new orexpanded school-based healthclinics to be located in alliancedistricts.

Teachers

Qualifications.The actbolsters teacher preparationprograms and teacherqualifications in several ways. It(1) establishes a statedistinguished educatordesignation for experienced,successful teachers who haveadvanced education beyond the

masters degree and who meetSBE-established performancerequirements; (2) starting July 1,2013, requires all certified schoolemployees working with studentsin kindergarten through gradethree to take a practice version ofan SBE-approved readinginstruction exam; (3) startingJuly 1, 2015, requires teacherpreparation programs to offer

classroom experience in each offour semesters; and (4) startingJuly 1, 2016, requires anapplicant for a professionaleducator certificate to hold amasters degree in a subjectrelevant to their teaching.

Professional Development.Beginning July 1, 2013, the actrevamps required professionaldevelopment programs for

teachers and administrators toemphasize improved practice andjob-embedded individual andsmall-group coaching sessions. Itrequires all certified employees toparticipate. In addition, the actrequires the education

7/31/2019 2012 Major Acts

9/21

May 15, 2012 Page 9 of 21 2012-R-0181

commissioner to establish ateacher professional developmentprogram for elementary schoolteachers to provide intensifiedtraining in reading instruction.

Annual Evaluations.Theeducation reform act requiresschool districts to evaluateteachers and administratorsevery year using new evaluationand support programs that alignwith new state model guidelines.Before implementing their newprograms, districts must trainboth the evaluators and teachersbeing evaluated. Once the

program is in place, they mustinclude ongoing training on theirevaluation programs in theirregular in-service trainingprograms for teachers.

Tenure and Termination.Starting July 1, 2014, the actrequires school superintendentsto use evaluations to inform theirdecisions on granting tenure toteachers and administrators. It

allows districts to terminateteachers or administrators ifevaluations find them to beineffective and they fail tosuccessfully complete aremediation plan. Finally, the actstreamlines teacher terminationhearings by (1) reducing themaximum time for the process tounfold and (2) limiting eachsides testimony and evidence to

six hours, unless the hearingofficial extends the time for goodcause.

Technical High School SystemThe act changes the name of

the regional vocational-technical

schools to the technical highschool system (CTHSS) andcreates a new 11-member boardto govern it. The new boardconsists of four business

executives appointed by thegovernor, five membersappointed by SBE, and theeconomic and communitydevelopment and laborcommissioners. The governorappoints the chairperson, whoserves as a nonvoting ex-officiomember of the SBE.

The act requires the CTHSSsuperintendent to submit a

proposed operating budget forthe system to the CTHSS board.If the board disapproves it, itmust adopt an interim budget,which takes effect at the start ofthe fiscal year and remains ineffect until the superintendentsubmits and the board approvesa modified operating budget.

(SB 458, most provisions takeeffect July 1, 2012)

ELECTIONS

Campaign FinanceThe legislaturemodified

several state election lawsaffecting campaign finance andcertain absentee voting andnominating procedures. Amongother things, the new act:

1. expands reporting,attribution, and disclaimerrequirements for entitiesand individuals makingindependent expenditures;

2. defines campaign-relateddisbursements andcovered transfers and

7/31/2019 2012 Major Acts

10/21

May 15, 2012 Page 10 of 21 2012-R-0181

establishes reportingrequirements for them;

3. raises the limits on variouscontributions fromindividuals to political

committees (known asPACs) and partycommittees; and

4. allows military andoverseas voters to returntheir voted absentee ballotsby fax or email.

(HB 5556, effective uponpassage)

Constitutional Restrictions on

Election AdministrationThe legislature took the first

step towards amending the stateconstitution to (1) removerestrictions on voting by absenteeballot and (2) permit a person tovote without appearing at apolling place on Election Day.Currently, the constitution setsthe first Tuesday after the firstMonday in November in specified

years as Election Day forlegislative and statewide offices(Article 3 8 and Article 4 1).With one exception, it requireselectors to gather at a meeting onthis day to elect state officers(Article 4 2). The exceptionauthorizes the General Assemblyto pass a law allowing electors tocast their vote by absentee ballotif they will be out of town, sick,

or physically disabled or thetenets of their religion prohibitsecular activity on Election Day(Article 6 7).

Because the resolution did notpass by a three-fourths vote ineach chamber, it will be referred

to the 2013 legislative session,where it must again pass eachchamber by a majority vote inorder to appear on the 2014general election ballot. If a

majority of those voting in thegeneral election approves theamendment, it will become partof the state constitution.

(HJ 2, referred to the 2013legislative session)

Voter Registration

A new law allows eligiblepeople to register to vote and casta ballot on Election Day (i.e., the

day of a regular state ormunicipal election). It establishesElection Day registration (EDR)procedures and requires thesecretary of the state to report tothe Government Administrationand Elections Committee on EDRadministration. It also requiresthe secretary to establish andmaintain an online system for (1)new voter registration

applications and (2) changes toexisting registrations

(PA 12-56, most provisionseffective July 1, 2013)

ENERGY

Emergency ResponseNew legislation requires the

Public Utilities RegulatoryAuthority (PURA) to (1) review

electric and gas companyemergency preparation andservice restoration practices,infrastructure adequacy, andcoordination efforts; (2) identifythe most cost-effective levels ofelectric company tree trimming

7/31/2019 2012 Major Acts

11/21

May 15, 2012 Page 11 of 21 2012-R-0181

and system hardening needed toachieve maximum systemreliability and minimize outages;and (3) establish electric and gascompany emergency performance

standards. It requires PURA toreview the companiesperformance after an emergencyand issue (1) orders to enforcethe standards and (2) civilpenalties for violations. Thecompanies must also submitannual reports on theirperformance during emergencies.

The act requires PURA toestablish standards for restoring

intrastate telecommunicationsunder certain circumstancesafter an emergency. It requirestelephone andtelecommunications companiesto issue credits to customers wholose service under certaincircumstances.

The act also, among otherthings, (1) adds provisions forexpedited road clearing for public

safety personnel after anemergency and (2) expands thescope of the states civilpreparedness and trainingrequirements.

(sSB 23, most provisionseffective upon passage)

ENVIRONMENT

Coastal Management

The legislature made severalchanges to the CoastalManagement Act (CMA) and lawsregulating certain activities in thestates tidal, coastal, or navigablewaters. Among other things, thenew law (1) expands the list of

land uses that can be protectedunder certain circumstances bystructural solutions in thecoastal boundary to includeinhabited structures built by

January 1, 1995, (2) revises theCMAs general goals and policiesto consider a rise in sea levelwhen planning coastaldevelopment, and (3) modifiescoastal site plan approvalrequirements for shoreline floodand erosion control structures.

(SB 376, most provisions takeeffect October 1, 2012)

Open SpaceA new law requires the DEEP

commissioner to update thestate's open space plan byDecember 15, 2012 and at leastonce every five years thereafter.He must include in the plan,among other things, (1) anestimate of how much state landis preserved as open space and(2) potential methods, costs, and

benefits of establishing a systemto accurately track open spaceland. He must, by October 1,2014, and in consultation withall state agencies, identify state-owned land that should beconserved and develop a plan topreserve it forever as open spaceland.

(sSB 347, effective October 1,2012)

Phosphorous Reduction

The legislature took actionthis session to reducephosphorus in state waters. Itenacted a law that (1) restrictsthe use of fertilizer, soil

7/31/2019 2012 Major Acts

12/21

May 15, 2012 Page 12 of 21 2012-R-0181

amendments, or compostcontaining phosphorus; (2)allows the Clean Water Fund tobe used for water quality projectsthat involve nutrient removal,

instead of only nitrogen removal;and (3) requires the DEEPcommissioner, or his designee, toconsult with certain townsofficials to develop a state-widestrategy to reduce phosphorus ininland nontidal waters to complywith Environmental ProtectionAgency standards.

(sSB 440, most provisionseffective upon passage)

Solid Waste Disposal FacilitiesIn 2010, a Superior Court

case held that the legislatureintended to preempt localregulatory authority of solidwaste facilities when it passed PA06-76. This session, thelegislature passed legislation toallow municipalities to regulatesuch facilities land use through

zoning regulations. But itprohibits municipalities thatadopt such regulations understatute from effectively banningsolid waste facility construction,alteration, or operation.

(PA 12-2, effective uponpassage)

FINANCE

New Bond AuthorizationsThe legislature authorized up

to $621.1 million in new stategeneral obligation bonds for statecapital projects and grantprograms, including:

1. $36 million ($9 million ineach of the next four fiscalyears) for the undergroundstorage tank petroleumclean-up program;

2. $60 million for theConnecticut HousingFinance AuthoritysEmergency MortgageAssistance Program;

3. $60 million for the CapitalRegion DevelopmentAuthority to provide grantsor loans to encourageresidential housingdevelopment in the capital

region;4. $25 million for grants for

expanding the availabilityof high-quality schoolmodels;

5. $16 million for low-performing schools intargeted local and regionalschool districts;

6. $25 million to establishenergy microgrids to

support critical municipalinfrastructure;

7. $180 million forinfrastructure repairs andimprovements to state-owned buildings andgrounds; and

8. $62.5 million for housingdevelopment andrehabilitation.

It also authorized up to $120

million in new special taxobligation bonds: $90 million forstate bridge improvement,rehabilitation, and replacementand $30 million for the town-aidroad grant program.

7/31/2019 2012 Major Acts

13/21

May 15, 2012 Page 13 of 21 2012-R-0181

(sSB 25, most provisions areeffective July 1, 2012)

Petroleum Products GrossEarnings Tax Cap

The legislature enacted a lawthat caps at $3 per gallon theamount of gross earnings fromgasoline and gasohol subject tothe petroleum products grossearnings tax.

The law also bars petroleumproducts distributors fromincluding in any billing for thefirst sale of any petroleumproducts in the state any amount

representing the gross earningstax that exceeds their grossearnings tax liability. It (1) givesthe Department of ConsumerProtection (DCP) the discretion toinvestigate complaints to enforcethis provision and (2) makes aviolation of this provision anunfair or deceptive tradepractice.

The new law also (1) deems

the 90 calendar days after itspassage to be a period of anabnormal market disruption inthe price of energy resources and(2) establishes the amount of anyfuture increase in the wholesaleprice of gasoline or gasohol thatmust be deemed an abnormalmarket disruption. By law,during the period of a disruption,all energy resources sellers are

barred from charging anunconscionably excessive price.It establishes a fine of up to$10,000 for each marketdisruption violation in addition tothe unfair and deceptive trade

practices penalties that alreadyapplied.


GOVERNMENTADMINISTRATION

Residential Address DisclosureThe legislature narrowed the

Freedom of Information Acts(FOIA) prohibition on state ormunicipal agencies disclosing theresidential addresses of certainpublic officials and employees.Specifically, the new law (1)

permits certain municipal andelection-related documents to bedisclosed without addressredactions and (2) limits to acovered individual's employingagency, instead of all publicagencies, the requirement tokeep his or her residentialaddress confidential in certaindocuments. It allows a coveredindividual to request address

confidentiality from publicagencies other than his or heremployer and establishesprocedures for these agencies tofollow when receiving a FOIArequest for certain recordscontaining that individual'sresidential address.

(PA 12-3, most provisionseffective upon passage)

State Agency RegulationsA new law requires that state

agency regulations be postedonline, rather than published inthe Connecticut Law Journal,making them publicly availableon the Office of the Secretary of

7/31/2019 2012 Major Acts

14/21

May 15, 2012 Page 14 of 21 2012-R-0181

the State's and regulatingagency's Internet websites.

It also requires the Office ofPolicy and Management secretaryto seek the necessary licensing

agreements to permit the onlineposting of regulations containingcodes or standards for which athird party holds the intellectualproperty rights. It requiresagencies to post online (1) theirpolicy manuals and guidancedocuments and (2) policies thathave been implemented while inthe process of being adopted inregulation form.

Lastly, the act creates an 11-member RegulationModernization Task Force todevelop an implementation planfor publishing regulations online.

(sSB 27, most provisionseffective July 1, 2013)

HEALTH AND HUMAN

SERVICES

All-Payer Claims DatabaseThe legislature passed a new

law creating an all-payer claimsdatabase program for datarelating to medical insurance,pharmacy, and other insuranceclaims information. The programis contingent on the Office ofHealth Reform and Innovationsability to secure federal andprivate funding to cover its costs.

Under the act, information inthe database is broadly availablefor reviewing health care data,and data disclosure must protectthe confidentiality of individualhealth information. Insurers andother reporting entities that fail

to report as specified inimplementing regulations aresubject to civil penalties of up to$ 1,000 per day.

(sHB 5038, effective upon

passage)

Required Newborn Screeningfor Congenital Heart Disease

Starting January 1, 2013, anew law requires all health careinstitutions caring for newborninfants to test them for criticalcongenital heart disease unless,as allowed by existing law, theirparents object on religious

grounds. The testing must bedone as soon as medicallyappropriate. Like existing lawthat requires these institutions totest newborn infants for cysticfibrosis and severe combinedimmunodeficiency disease, thetest for critical congenital heartdisease is not part of the statesnewborn screening program forgenetic and metabolic disorders.

That program, in addition toscreening, directs parents ofidentified infants to counselingand treatment.

(PA 12-13, effective October 1,2012)

Telemedicine in FederallyQualified Health Centers(FQHC)

New legislation authorizes the

Department of Social Services toestablish a telemedicinedemonstration project in thestates FQHCs. Specifically, itallows Medicaid-covered healthcare services to be provided bytelemedicine in place of in-person

7/31/2019 2012 Major Acts

15/21

May 15, 2012 Page 15 of 21 2012-R-0181

contact between a Medicaidpatient and his or her health careprovider. Telemedicine caninclude interactive audio, video,or data communication used to

provide medical advice,diagnosis, care, treatment, andsimilar services

(sHB 5483, effective January1, 2013)

HIGHER EDUCATION

Remedial Education

A new law requires theConnecticut State UniversitySystem (CSUS) and thecommunity-technical colleges(CTC), beginning by the 2014 fallsemester, to offer (1) certainstudents remedial supportembedded with thecorresponding entry level coursein a college-level program and (2)certain other students anintensive college readinessprogram. It generally prohibits

other forms of remedialeducation after that time.The bill also requires public

high schools, CSUS, and CTC toalign their curricula by the fallsemester of 2016. Beginning bythe 2014-2015 school year, itrequires early assessment ofeighth and 10th grade students'college readiness and the sharingof such results with students,

parents or legal guardians, andschools.(PA 12-40, effective July 1,

2012)

Transfer and ArticulationThe legislature also required

CSUS and CTC to develop andimplement, by July 1, 2013, ageneral education core of

courses. The core must compriseat least 30 academic credits andbe offered in CSUS's and CTC'sliberal arts and sciencesprograms and any other degreeprogram designated as a transferprogram. If a student earnsacademic credits from the coreand subsequently transfers tothe other system or a differentinstitution in the same system,

the act requires those credits tocount towards that system's corerequirements.

(PA 12-31, effective July 1,2012)

Sexual Violence on CollegeCampuses

New legislation requires publicand private higher educationinstitutions to adopt and disclose

one or more policies on sexualassault and intimate partnerviolence. The policies mustinclude provisions for (1)providing information to studentsabout their options for assistanceif they are victims of suchviolence, (2) disciplinaryprocedures, and (3) possiblesanctions. Institutions mustinclude the policies in their

uniform campus crime report,which is produced annually andmade available to students,employees, and applicants foradmission.

7/31/2019 2012 Major Acts

16/21

May 15, 2012 Page 16 of 21 2012-R-0181

The act also requires suchinstitutions, within existingbudgetary resources, to offer (1)sexual assault and intimatepartner violence primary

prevention and awarenessprogramming for all students and(2) ongoing prevention andawareness campaigns.

(sHB 5031, effective July 1,2012)

HOUSING

Public Housing SecurityDeposits

Starting January 1, 2013, anew law lowers the annualinterest rate that housingauthorities, community housingauthorities, and othercorporations must pay onsecurity deposits made by seniorcitizens and individuals withdisabilities residing in publichousing from 5. 25% to at leastthe average savings deposit

interest rate paid by insuredcommercial banks as publishedin the Federal Reserve BoardBulletin in November of the prioryear (i.e., deposit index). (Thedeposit index for calendar year2012 is 0.16%.) By law, housingauthorities and othercorporations must returnsecurity deposits to these tenantsafter they have lived in the

housing for at least one year.(PA 12-24, effective October 1,2012)

INSURANCE

Hurricane DeductiblesA new law allows insurers to

impose a hurricane deductiblein a homeowners insurancepolicy in lieu of an overall policydeductible if a hurricane resultsin a maximum sustained surfacewind of 74 miles per hour ormore for any part of the state.The deductible applies from thetime the National HurricaneCenter issues a hurricanewarning for any part ofConnecticut and ends 24 hours

after the center (1) terminates thelast hurricane warning for anypart of the state or (2) issues itslast downgrade of the hurricanefrom hurricane status for anypart of the state, whichever isearlier.

(sHB 5230, effective October1, 2012)Insurance Holding Companies

The legislature expanded thescope of the InsuranceDepartment's review when aConnecticut insurer is thesubject of a proposed merger orother change of control. The actrequires, in most cases, a partyseeking to acquire the insurer tofile a notification with thecommissioner and establishes awaiting period after the acquiring

party files this notification. Itrequires the commissioner toevaluate whether the proposedacquisition will (1) substantiallyreduce competition in any

7/31/2019 2012 Major Acts

17/21

May 15, 2012 Page 17 of 21 2012-R-0181

insurance line in the state or (2)tend to create a monopoly in thestate.

The act expands filingrequirements for insurance

companies that are part ofholding company systems byrequiring, in certain cases, theperson who ultimately controlsan insurance company to file anannual enterprise risk reportwith the commissioner. Itsubjects certain transactionsbetween insurers and theirholding company systems todepartment review and approval.

The act allows the commissionerto examine an insurancecompany or its affiliates todetermine the company'sfinancial condition, including itsenterprise risk.

(sSB 411, effective October 1,2012)

JUDICIAL MATTERS

Palliative Use of MarijuanaThe legislature passed a lawallowing a licensed physician tocertify an adult patients use ofmarijuana after determining thatthe patient has a debilitatingcondition and could potentiallybenefit from the palliative use ofmarijuana, among otherrequirements.

Such patients and their

primary caregivers must, amongother things, register with DCPand pay certain fees. Patientsand caregivers can possess acombined one-month marijuanasupply. The act also createslicensing requirements for

pharmacists to dispense themarijuana and for producers togrow it, and requires them to payfees.

Subject to various conditions,

the act prohibits patients, theircaregivers or doctors,dispensaries, or producers frombeing prosecuted or penalized forspecified actions relating topalliative marijuana use. The actdoes not allow patients to ingestmarijuana at work, at school, inpublic, in moving vehicles, or infront of children.

Among various other things,

the act also requires the DCPcommissioner to reclassifymarijuana as a Schedule IIcontrolled substance (it iscurrently in Schedule I, subjectto the most stringent regulation).

(PA 12-55, most provisionseffective October 1, 2012)

Racial Profiling and TrafficStop Information

This act suspends municipalpolice departments and theDepartment of EmergencyServices and Public Protections(which includes the State Police)duty to record and report trafficstop information on July 1, 2012.It requires them to resume (1)recording the informationstarting on July 1, 2013 and (2)annually reporting summary

data starting on October 1, 2013,if new standardized methods aredeveloped. By July 1, 2013, theOffice of Policy and Management(OPM), within availableappropriations, must develop andimplement these methods, in

7/31/2019 2012 Major Acts

18/21

May 15, 2012 Page 18 of 21 2012-R-0181

consultation with a newly createdRacial Profiling ProhibitionProject Advisory Board andothers. OPM, in consultationwith the advisory board, must

also develop guidelines to trainofficers on using the forms andevaluating the informationcollected.

If the method is developed,police officers must record trafficstop information using themethod and any forms developedunder it and give a notice to eachmotor vehicle operator stopped.Police departments must provide

OPM with (1) annual reports ofthe data and (2) copies ofcomplaints regarding traffic stopsand information on their reviewand disposition. The act shiftsfrom the African-American AffairsCommission to OPM theresponsibility to review the trafficstop data and complaints andissue annual reports.

(SB 364, most provisions

effective July 1, 2012)

Religious Items onCondominium Unit EntryDoors

A new law generally restrictsanyone from prohibiting orhindering a condominium unit'sowner, lessee, or sublessee fromattaching a religious item to theunit's entry door or entry door

frame. Subject to theconstitutional protection ofreligious liberty, the act providescertain exceptions, such as if the

items are beyond a certain size orpatently offensive.

(sHB 5536, effective July 1,2012)

LABOR

Collective Bargaining

New legislation allows certainfamily child care providers andpersonal care attendants (PCAs)who receive payments from thestate to collectively bargain withthe state over reimbursementrates, benefits, paymentprocedures, contract grievancearbitration, training, professionaldevelopment, and otherrequirements and opportunities.It explicitly states that the childcare providers and PCAs are notstate employees.

The legislation establishes acollective bargaining andarbitration process for the childcare providers and PCAs andgrants them many of the same

collective bargaining rights andobligations given to stateemployees. It also specificallyprohibits certain subjects frombeing collectively bargained andsets conditions under which theGeneral Assembly mustaffirmatively approve anycontract or arbitration award.

(PA 12-33, effective July 1,2012)

Family and Medical Leave ActBeginning when the labor

commissioner adoptsimplementing regulations, a newlaw reduces the number of workhours school paraprofessionals

7/31/2019 2012 Major Acts

19/21

May 15, 2012 Page 19 of 21 2012-R-0181

in educational settings need toqualify for family and medicalleave benefits. Under federal law,all municipal employees,including these

paraprofessionals, qualify forbenefits under the Family andMedical Leave Act (FMLA) if theyhave been employed by themunicipality for at least 12months and worked at least1,250 hours in the previous 12months. The act requires boardsof education to grant theseparaprofessionals benefits equalto those provided by the federal

FMLA if the paraprofessional has(1) been employed by the boardfor at least 12 months and (2)worked at least 950 hours for theboard during the 12 monthsprior to taking the benefit. Thelabor commissioner must adoptimplementing regulations, andthe paraprofessionals cannotbegin to accrue the necessary950 hours until he does so.


Project Labor AgreementsThis year, the legislature

authorized the state and itsagencies and politicalsubdivisions to require a projectlabor agreement (PLA) for publicworks projects when theydetermine it is in the public's

interest to do so. Under the act, aPLA is a pre-hire agreementcovering the terms and

conditions for all people workingon a specific public worksproject.

(SB 33, effective uponpassage)

MUNICIPALITIES

Property Tax Assessments byMunicipalities

A new law explicitly makespartially completed structures orstructures under construction(such as a house being built)subject to municipal propertytax. Under prior law, it wasunclear whether a town'sassessor could include the valueof partially completed structuresand improvements in a property'sassessment.

(sHB 5035, effective October1, 2012, and applicable toassessment years beginning onor after that date)

PUBLIC SAFETY

Crane OperationsThe legislature made changes

in the laws governing cranes andhoisting equipment to complywith new federal OccupationalSafety and Health Administration(OSHA) requirements. BeginningOctober 1, 2014, the act adoptsOSHA's definition of crane. Indoing so, it expands the types ofequipment and operators subjectto state regulation, includingoperator licensing and training,and the state safety code foroperating and maintainingcranes and hoisting equipment.Many of the acts provisionscodify current state regulations.

7/31/2019 2012 Major Acts

20/21

May 15, 2012 Page 20 of 21 2012-R-0181

Additionally, beginningOctober 1, 2012, it adoptsOSHA's standards governingtraining for, and operation of,cranes and hoisting equipment

by apprentices, includingprohibited practices and the leveland nature of supervision ofapprentices. And, beginningOctober 1, 2014, it (1) outlinesstandards that applicants for acrane or hoisting equipmentoperator license must meet and(2) requires such operators to beretested every four years beforethe license is renewed.

(sSB 323, most provisionseffective October 1, 2012)

SENIORS

Grandparents VisitationRights

Prior law allowedgrandparents and other thirdparties to petition the SuperiorCourt to grant them visitation

with their grandchildren inlimited circumstances. A new lawinstead requires a petitioner toinclude in the request specificand good-faith allegations that(1) a parent-like relationship withthe minor exists and (2) theminor will suffer real andsubstantial harm if the visitationis denied. (This means a degreeof harm analogous to a claim

that the minor is neglected oruncared-for, as defined understate child abuse statutes.) Thecourt must hold a hearing andgrant the request if it finds, byclear and convincing evidence,that these conditions have been

met. The clear and convincingevidence standard complies withthe standard stated in a recentConnecticut Supreme Courtdecision (Roth v. Weston, 259

Conn. 202 (2002)).(HB 5440, effective October 1,2012)

Statewide Community ChoicesProgram

A new law requires theDepartment of Social Services toadminister a statewideCommunity Choices program tohelp the elderly, people with

disabilities, and their caregivers.It will provide a single,coordinated information, referral,and access program for peopleseeking long-term care supportsuch as in-home, community-based, and institutional services.The act designates the statesAging and Disability ResourceCenter as the CommunityChoices program. Three regions

of the state (Western, SouthCentral, and North Central)currently operate such programs.

(sSB 234, effective uponpassage)

TRANSPORTATION

Department Of TransportationProject Delivery

This year the legislature

authorized the Department ofTransportation (DOT)commissioner to designatehighway construction andmaintenance projects to be builtusing either a (1) construction-manager-at-risk contract with a

7/31/2019 2012 Major Acts

21/21

2012 major acts

Documents