April 30, 2026 · 68,101 words · 61 speakers · 1248 segments
All right. Good morning. Thursday, April 30th, 2026. Will the House please come to order? Members, staff, and guests, please rise and direct your attention to the dais where our House Chaplain, Erica Thompson of the Silent Hill Congregational Church, will lead us in prayer.
Friends, let us pray. Holy God, you who spoke through the Prophet Isaiah, reminding your people that those who wait upon the lord shall renew their strength. They shall run and not be weary. They shall walk and not faint. We lean into that promise today. For this is a weary moment. The days have been long. The Mg/ak 2 debates have been hard. The weight of decisions sits heavy, and the finish line is in sight but not yet reached. So breathe your renewing spirit into this room. Where bodies are tired, grant endurance. Where minds are overwhelmed, bring clarity. Where emotions run high and tensions feel close to the surface, steady every heart. Help these leaders not simply to push through, but to be renewed within, to remember why they began this work and who they serve. In the rush of final decisions, slow what needs to be slowed. In the pressure to act, anchor each in wisdom. In moments of disagreement, hold them in a deeper shared purpose. May they run this last stretch, not out of exhaustion alone, but with a sense of calling. Grounded, focused, and guided by a vision larger than any one voice. And when the road feels long, even now, remind them that strength is not only in striving, but in being sustained. Carry them through this day with courage, with grace, and with the quiet confidence that they do not run alone. Amen.
Mg/ak 3 Thank you. That might have been my favorite prayer of the session so far. It's very true words. Representative Haines of the 34th, again, we are now at the point in our session where those members who are wisely leaving this place and retiring, all joking aside, who have served their state with great distinction, have been great colleagues. We have another one here, Representative Haines. Just give her a round of applause, please. (applauding)
I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with Liberty and Justice for all.
To business on the Clerk's desk before we get to announcements or introductions, please.
Mr. Speaker, a favorable report, Senate bills. Mg/ak 4
Mr. Majority Leader.
Thank you, Mr. Speaker. Good morning. I move we waive a reading of the Senate Favorable Reports and that they be tabled for the calendar.
Without objection, so ordered.
And the daily calendar.
Thank you, Mr. Clerk. Keep that calendar clean, sir. Let's do announcements or introductions. We'll start with Representative Foster of the 57th, the Chairman of the Veterans Committee. You have the floor, madam. Mg/ak 5
Good morning, Mr. Speaker. I rise for the point of a personal privilege.
You may proceed.
Thank you. I have two announcements I'd like to share with the community. The first is that it is Save a Suit Day. But if you forgot, don't worry. You may come again. Save a Suit Day is an annual tradition that we all enjoy. You can donate suits to veterans who are looking for more gainful employment. So please be sure to gather your suits when you get home. I know you'll be tired after the day, but please gather up your suits and bring them in tomorrow if you have not brought them today. Remember that on Monday, 100 veterans will suit up with the Save a Suit Foundation, and they will be here, trying on suits, getting prepared for interviews, and looking for ideas and mentorship from the members of this illustrious chamber and this Mg/ak 6 body. So please be sure to check in with us on Monday, and don't forget to bring your suits to donate. My second announcement is that --
You're going for two.
With your permission, Mr. Speaker.
No problem.
My second announcement is that today is community benefits day for the hospitals. And so there will be a lot of hospitals visiting this afternoon, including my colleagues from Saint Francis and the University of Saint Joseph. My colleagues will be presenting stress management strategies and how to set a smart objective on managing your stress. And that feels like it Mg/ak 7 might be timely because, as the Speaker has mentioned, the mood has changed. And it might be a good time to work on that. So, for all of my colleagues who are looking for a little help managing their stress, the University of Saint Joseph and Saint Francis Hospital's community benefits group is going to be helping with stress management. So I hope you'll visit them and all the other hospitals today. Thank you, Mr. Speaker.
Thank you, Representative Foster. Little Dave Matthews in a golden doodle can relieve stress quite quickly, actually. Representative Vail of the 52nd, you have the floor, sir.
Thank you, Mr. Speaker. I rise for an introduction, please.
Mg/ak 8 I'm here with my good colleague, Representative Zawistowski, Stafford High School, class of 1974. I'm from Stafford High School, class of 1986. And we're proud to welcome the Stafford High School basketball team here today, who won the Division Five state championship. Seventeen and three in the regular season, they beat Old Saybrook. And I'm going to say this to rub it in to the people who represent these areas. This is tough. East Granby, Coventry, and then they beat Hartford Public in the state championship game. I know you'd appreciate that, Mr. Speaker.
The first state championship since 1953, so we're really excited for him, and I'd like to introduce them if I could. (crosstalk) Can I introduce him?
Mg/ak 9 I was going to have him escort it out because they beat Hartford Public
Which is in my district in the city of Hartford. But you know what? They seem like nice young men, so why don't you read off their names for us?
I appreciate your indulgence, Mr. Speaker. Gentlemen can stand up. Anthony Balanzo.
Clap at the end.
Mg/ak 10 Yes. Jacob Caffrey, Joshua Kuna, Kaden Donaldson, Nate Faber, Bryce Guteman, Gavin Yabucci, Gabe Kamasi Kennedy, Jason Lamalin, Liam McFhail, Tyler Murray, Aiken O’Powell, Steven Tiatillo, Colin Tozier, who is now the all-time leading scorer with 1,799 points at Stafford High School, Landon Tozier, James Vitulis, Mason Valentino, and coaches Ryan Fitzgerald, Tom Fitzgerald, Steven Dusa, and Zach Donovan. (applauding) Thank you, Mr. Speaker.
Thank you, Representative Vail. Representative Zawistwoski is a proud alum, and congratulations to the Stafford boys, the high school basketball team, on your state championship. We know it's a lot of work. You should be very, very proud. It's a memory you'll never forget, and I hope you enjoy your day at the Capitol. And if you got out of school for a little bit, not a bad option, too. So Representative Boyd of the 50th, the Chairman of the Public Safety Committee, what do you have for us, sir?
Mg/ak 11 Good morning, Mr. Speaker. I rise for an introduction.
May proceed.
Not to give you any flashbacks to your tennis days, with KO, but behind me are some of the best --
I didn't play tennis, Representative Boyd. I played soccer and basketball. I was pretty good hoops player.
There you go.
Might have been like a six-man on your team. I don't know how good you are, but -- Mg/ak 12
The chamber is not questioning your athletic prowess.
I appreciate that.
Mr. Speaker, behind me is some of the best and the brightest from the Pomfret School who have come up to the capital today to advocate. So if the chamber could give some warm welcome to our government students from the Pomfret School. (applauding)
If the Pomfret School wants to talk about high school sports, we can talk all day back there. But we welcome you and I hope you enjoy your day. You have a wonderful teacher, dean, and Representative Boyd. Representative Jimmy Sanchez, the sixth District from the city of Hartford, also representing a sliver of West Hartford. Looks like he has some guests, sir. Hit it Mg/ak 13 again. It just turned off by accident. There we go. Representative Jimmy Sanchez of the sixth District.
Okay. Good morning, Mr. Speaker. I rise a point of personal privilege.
Good morning. You may proceed, sir.
And introduction. To my far left, I have Rodrigo Munoz, which is my assistant Milagro, Costa's son, who just came from California, spent the summer with us. And then we have Jenny – how do you -- [inaudible 00:09:26], who is from California, born and raised and it's her first time in Connecticut. I'd like to give them a warm welcome and, hopefully they enjoy so much, they'll move into Connecticut permanently. Thank you. (applauding) Mg/ak 14
Thanks for joining us today, and enjoy your day at the capitol. Representative Bronko of the 70th in Naugatuck, what do you have, sir?
Good morning, Mr. Speaker. I rise for the purpose of an introduction.
You may proceed.
Mr. Speaker, I have with me a special guest today. I have with me Phil Miller. Phil is a lifelong law architect resident born and raised, but Phil is also my brother-in-law. So I consider him family. He's my brother-in-law. But Phil is up for a visit today. Phil is a United States Marine who served two combat tours in Iraq. He volunteers as a Little League coach for our Little League teams in Naugatuck, and I believe sits on the Mg/ak 15 board of directors as well. And Phil has taken an interest to the process of what goes on up here. So he's up here for a visit to see the business that we conduct and see how it all goes down. So I would love it if everyone helps to welcome me, Phil, to the chamber today. (applauding)
Thank you, Representative Bronko. Thank you for joining us. I coached Little League myself, and I made more enemies coaching Little League than I have in politics. I know it's a tough job. Every parent wants the kid to bat fourth and pitch. I get it. Representative Santanella of the 58th from Enfield, what do you have, sir?
Thank you, Mr. Speaker. I rise for a point of personal privilege.
Proceed, sir. Mg/ak 16
Mr. Speaker, yesterday, we had the opportunity to acknowledge the work of many interns who've spent the semester with us. My intern, the overachiever that she is, had to leave early to go to work and class. And so she is here with us today, and I wanted to take a moment just to acknowledge Bree's hard work with my team and for the people of the 58th District, and I would ask my colleagues to give her a round of applause. (applauding)
Thank you, Representative Santanella, and thank you to the interns. Representative Quinn, is it about the Dress Down Day?
Oh, you're always spoiling my surprises, Mr. Speaker.
You have done it for 16 days in a row, Representative. Mg/ak 17
I know that. I know that.
But I'll still forget.
I know that. At the risk of upsetting everyone because you won't get to hear this again this year, this is your final reminder that tomorrow is Dress Down Day. Ten dollars cash or Venmo, and hopefully, everybody will participate as you always do. Thank you, Mr. Speaker.
Thank you, Representative Quinn. We kid because we care, but it is definitely a very good cause and a good tradition here in the chamber. Representative Meskers, all the way from Greenwich, and the Chairman of the Commerce Committee. You have the floor, sir. Mg/ak 18
Thank you, Mr. Speaker. I rise for a point of personal privilege.
You may proceed.
So I just want to give a shout-out to all our colleagues in the chamber. We've all elected or been elected to take the job with its various sacrifices. We get ups and downs and battles between the left, the right, and the center to get to our issues. And we chose this job, but we all make personal sacrifices to be in this chamber. Two days ago was my brother's birthday, my older brother, Michael Louis Meskers. Yesterday was my daughter, Victoria Christina Meskers' birthday. We all made the choice to be here to serve our public, to serve the state of Connecticut. And I want to, one, recognize my two family members for their Mg/ak 19 birthdays and to give a shoutout to all of us for the sacrifices we make to serve here. Thank you, Mr. Speaker.
Thank you, sir. Representative Foncello of the 107th Brookfield, Bethel, Newtown. You have the floor, sir.
Morning, Mr. Speaker.
Good morning, sir.
I rise for the purposes of an introduction.
You may proceed. Mg/ak 20
We're joined here today by Saint Timothy's band and choir, affectionately referred to as Saint Tim's, here from West Hartford. We're joined by Father David and his entire crew here. They're here to serenade us downstairs, and they've done some beautiful music that I've heard so far today. We appreciate your coming today, and I have to say, after hearing you sing America the Beautiful, you're the reason we serve. Thank you. (applauding) Thank you, Father.
We want to welcome Saint Tim from West Hartford. Thanks for joining us today, everybody. I hope you have a great day at the Capitol. I'm sorry I missed you singing. I'm sure it was wonderful. Representative Rochelle from the 104th. What do you have for us, Representative?
Thank you, Mr. Speaker. I have an introduction. Mg/ak 21
I am here today with the new mayor of Ansonia, Mayor Frank Tyszka. He's here for Polish Day. And so he was invited up as a Polish resident in our district and as the fierce leader advocating for the people of Ansonia.
Thank you. Thank you very much.
Thank you, Representative Rochelle. Mayor, thanks for joining us on Polish Day. I hope to be down there as well at some point. Representative Berger-Girvalo, 111, Chairwoman of Transportation from Ridgefield. What do you have for us, madam?
Mg/ak 22 Good morning, Mr. Speaker. I rise for both a point of personal privilege and a gentle nudge.
So like Representative Foster, you'd like to go twice, we will let you go twice.
A gentle nudge is really quick. If you didn't donate for yesterday's Denim Day, please do today so that we can send those donations off. And then the point of personal privilege, today is my firstborn's 25th birthday. As I always like to say on her birthday, she's been raising me for 25 years, and I think some of the people in this room would agree that she's done a hell of a job. Others, maybe not so much. But I just wanted to wish Gracie Snow Girvalo a very happy 25th.
Mg/ak 23 Okay. Last chance for announcements or introductions before we begin our business today. Last chance, seeing none. Will the Clerk please call Calendar 369?
On Page 28, Calendar 369, substitute for House Bill Number 5534, An Act Designating the State as the Birthplace of the Boys and Girls Club Movement, the State Amphibian, and the State Rock. Favorable report of GAE.
Chair will recognize Chairman Blumenthal of the 147th from the city of Stamford. You have floor, sir.
Thank you, Mr. Speaker. I move acceptance of the joint committee's favorable report and passage of the bill.
Mg/ak 24 Question is acceptance of the joint committee's favorable report and passage of the bill. You may proceed, Mr. Chairman.
Thank you, Mr. Speaker. We do a lot of weighty and important things in this chamber and on the GAE committee. Sometimes we have the opportunity to do things in a little bit of a lighter register, and especially to recognize the work and advocacy of our young people, and this is one of those times. This bill is our annual state designations bill, where we help celebrate some of the things we have pride in as a state. And as a member of my local Boys and Girls Club's board, I'm especially proud that Connecticut is the birthplace of the Boys and Girls Club movement. It is spread across the country. It has done great good for our youth, and Connecticut should take great pride in the fact that it originated here with four women in Hartford, actually. So kudos to Hartford on that. We're also recognizing the spring peeper as the state amphibian and the state rock as Housatonic marble. Housatonic marble is all over this building; this is our state capital, and Mg/ak 25 you can find it across here. Another thing we should take pride in. And with all that, I urge passage.
It's a little unusual for me to ask a question. What was the amphibian again?
The spring peeper, Pseudacris crucifer.
Okay. Representative Mastrofrancesco of the 80th, you have the floor, ma'am.
Thank you, Mr. Speaker. Mr. Speaker, it's nice to be up here to be the first one to speak today on something that, obviously, we agree on. I can save my energy for later in the day. So I'm happy to support the bill before us. The Boys and Girls Club has done tremendous work here in the state of Mg/ak 26 Connecticut to shape our youth, and I think it's a nice testament to them for what they have done to put them in this bill today. And then, as far as the spring peeper, when I first looked at the bill, I saw the word crucifer. I got really nervous. I actually had to look it up to see, do a Google image to see what it looked like, and I said, "Oh, it's a frog." That's all good. It looks just like a frog. So I'm happy here today to support this bill, and I hope my colleagues will join me. Thank you, Mr. Speaker.
Thank you, madam. I am relieved to know it's a frog myself. Thank you. Representative Foster of the 57th.
Mr. Speaker, I rise in support of this bill. I just want to point out that for many of us living in rural wetland areas, the spring pepper is actually one of the first signs of spring. And I'm sure I speak for many of us who can say that this time of Mg/ak 27 year, on a rainy day like today, you can find many of them hopping around our yards. And my children will be looking for them this afternoon, I'm very sure. So they'll be very happy for us to be reporting on this positive accomplishment today. So congratulations to the proponents of the bill, and I'm very grateful to see this happening. Good bill ought to pass.
Thank you, Representative Foster. Representative Reddington-Hughes of the 66th. Madam, do you have the frogs too?
Oh, thank you. Sorry.
I know. Yes.
Oh, okay. I just wanted to say that the spring peeper was actually born out of a Bethlehem Elementary School project on Mg/ak 28 the legislature, and it was a single child who actually came up with this idea. She was on vacation with her parents in another state and looked to see what that state actually had on its website as far as what kind of acknowledgment they gave. So when she saw the amphibian, she said, oh, wow. Connecticut doesn't have this, and I really would like to find out what would be the best. And she did a lot of research, and she got a lot of encouragement from her classmates. And I think this is great. She will be extremely happy.
Thank you, Representative Reddington-Hughes. Would you care to remark further? If not, staff and guests come to the well of the House. Members take their seats. The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Mg/ak 29 Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. And the Clerk will take a tally. And will the Clerk please announce the tally?
House Bill 5534: Total number voting 136 Necessary for passage 69 Those voting Yea 136 Those voting Nay 0 Absent not voting 15
The bill passes. (gavel) Will the Clerk please Calendar 195?
Mg/ak 30 On Page 11, Calendar 195, House Bill Number 5343, An Act Concerning the Reporting of Advertising Purchased by the State. Favorable report of Government Administration and Elections.
Representative Morrin Bello of the 28th, you have the floor, ma'am.
Thank you. Good morning, Mr. Speaker. I move for acceptance of the Joint Committee's favorable report and passage of the bill.
Decibel levels are getting a little loud. Thank you. Question before the chamber's acceptance of the Joint Committee's favorable report and passage of the bill. Representative Morin Bello, you have the floor, ma'am.
Mg/ak 31 Thank you, Mr. Speaker. The Clerk has an amendment, LCO 4899. And I ask the Clerk to please call the amendment, and I'd be granted leave of the chamber to summarize.
Will the Clerk please call LCO 4899, which will be designated House Amendment Schedule "A".
House Amendment Schedule "A", LCO Number 4899, offered by Representative Blumenthal, Representative Morrin Bello, and Representative Farrar.
Representative seeks to leave the chamber to summarize the amendment. Hearing no objection, Representative Morrin Bello, you may proceed.
Mg/ak 32 Thank you, Mr. Speaker. This is a strike-all amendment. Shall we vote on the amendment? And then, as it becomes a bill, I'll summarize.
Is there any objection or any comment on the amendment? How about a voice vote? I'll try your minds. All in favor, please signify by saying aye.
All those opposed, nay. The ayes have it, and the amendment's adopted. Will you remark further on the bill as amended? Representative Morrin Bello.
Thank you, Mr. Speaker. This bill will improve transparency and help assess where our public funds are being used. How much Mg/ak 33 is going to support our local news outlets, big tech, or national cable channels, et cetera? The bill requires annual reporting to the Commissioner of the Administrative Services from each state agency on all the advertisements purchased by that agency during the preceding year. It also requires the Commissioner of Administrative Services to submit a report to the Committee of Cognizance of the General Assembly starting January 1st, 2027, and annually thereafter. The bill requires both Connecticut State College and universities, and UConn, to report all of their advertising purchase centrally through their Office of Communication, that's over $50,000. The bill does allow DAS to accept volunteer assistance from higher ed or other neutral third parties to assist with analyzing data in an effort to reduce the administrative burden to DAS. This bill has no fiscal impact. It was voted unanimously out of committee, and I move for adoption.
Question for the chamber is adoption of the bill as amended. Will you remark further? Representative Mastrofrancesco of the 80th, you have the floor, ma'am. Mg/ak 34
Thank you, Mr. Speaker. Mr. Speaker, just, one quick question to the proponent of the bill is I want to ensure that this bill in no way directs the state where to spend their advertising funding if I'm not mistaken. By reading the amendment, it's just reporting requirements that provide transparency. Is that correct through you?
Representative Morrin Bello.
Through you, Mr. Speaker. That is correct. This is reporting only.
Representative Mastrofrancesco.
Mg/ak 35 Thank you, Mr. Speaker. It's very refreshing that I can get up here and speak and support a bill for a change.
It's two. Two in a row today so far, because that's a record. So, yes, Mr. Speaker, this bill does provide transparency, much-needed transparency. And I appreciate the amendment actually adding the colleges and universities to it because I think that's important. The more transparency we can certainly provide in government, I certainly support, and I encourage my colleagues to support the bill as well. Thank you.
Will you remark further on the bill as amended? Hearing none. If not, staff and guests, please come to the well of the House. Members, take your seats. Head to your portals. The machine will be open. Mg/ak 36
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. And Clerk take tally. Will the Clerk please announce the tally?
House Bill 5343, as amended by House "A": Total number voting 141 Necessary for passage 71 Those voting Yea 141 Those voting Nay 0 Mg/ak 37 Absent not voting 10
The bill, as amended, passes. (gavel) Will the Clerk please call Calendar 406?
Page 57, Calendar 406, substitute for House Joint Resolution Number 40. Resolution Confirming the Decision of the Claims Commissioner to Deny Certain Claims Against the State. Favorable report of Judiciary.
Thank you. Representative Jacobson of the 148th, you have the floor, sir.
Thank you, Mr. Speaker. Mr. Speaker, I move for acceptance of the Joint Committee's favorable report and passage of the resolution. Mg/ak 38
Question before the chamber is acceptance of the Joint Committee's favorable report and passage of the resolution. Representative Jacobson, you have the floor.
Thank you, Mr. Speaker. Mr. Speaker, this is the first of a series of our annual claims commission process by way of very brief background and overview. One of the responsibilities of this legislative body is to oversee a process by which applicants who claim that they have causes of action against the state of Connecticut will seek permission to sue the state, a process known as sovereign immunity. When the claims commissioner renders a decision, that decision thus flows to us whether or not it should be confirmed or, in certain circumstances, appealed. Before we get into HJ 40, I want to take an opportunity to thank the three interns who worked with us closely on the Judiciary Committee, Shabana Rao, Tenzin Raabhjian, and Oliver Thompson, all of whom are attending law school here in Connecticut. I wish them good fortune in Mg/ak 39 their upcoming final examinations, as three L's as well as their efforts to take the bar. They're going to be excellent attorneys, hardworking each. I would also like to take the opportunity to thank our Ranking Member of the Judiciary Committee, with whom I collaborated closely during this process. I found him to be thoughtful, diligent, and well-measured, and I found that we worked well together. This is year two for two upon which we had a unanimous consensus amongst the claims. So with that being said, HJ 40 is a resolution that actually combines a number of claims that we are concurring with the claims commissioner that should not be moving forward, and I so move, Mr. Speaker.
Thank you, Representative. Will you remark further on the resolution before us? Representative Fishbein of the 90th. You have the floor, sir.
Thank you. Good morning, Mr. Speaker. Mg/ak 40
Good morning.
Mr. Speaker, I rise in support of the resolutions before us. I do want to thank Representative Jacobson for his collegial working and getting through all of the claims that are here, not just this one, but the other ones that we will address shortly and later in the session. He has been excellent to work with and very communicative. I've learned from him as we go through the process. I also would be remiss -- he mentioned the interns with specificity. There are only three people in the state of Connecticut besides us legislators that have been involved with claims this year outside of the building. And those are those three interns. And they learned a lot about our process, sovereign immunity, when you get into the state, and the process to get appealed. And I hope that they take that to their law school careers and make advantage of that. So I do rise in support of the resolution. This is one claim that we're dealing Mg/ak 41 with here, and I ask my colleagues to support as well. Thank you.
Thank you, Representative Fishbein. Will you remark further on the resolution before us? If not, staff and guests please come to the well of the House. Members take your seats. Head to your portals. The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. The Clerk take tally. And will the Clerk please announce the tally? Mg/ak 42
HJ 40: Total number voting 141 Necessary for passage 71 Those voting Yea 141 Those voting Nay 0 Absent not voting 10
The resolution passes. (gavel) Will the Clerk please call Calendar 420?
On Page 58, Calendar 420, substitute for House Joint Resolution Number 42, Resolution Vacating the Decision of the Claims Commissioner to Deny the Claim Against the State of Evan Clark, PPA, Christopher Clark, and Granting the Claimant Permission to Sue the State. Favorable report of Judiciary. Mg/ak 43
Representative Jacobson of the 149th, you again have the floor.
Thank you, Mr. Speaker. Mr. Speaker, I move for acceptance of the Joint Committee's favorable report and adoption of the resolution.
Question before the chamber is acceptance of the Joint Committee's favorable report and adoption of the resolution. Representative Jacobson, you have the floor.
Thank you, Mr. Speaker. Mr. Speaker, this is another one of our claims. This is actually the only claim today that we are going to be rejecting. In fact, we are going to be giving the applicant permission to sue the state. HJ 42 involved a situation where a student was injured in shop class, and sought Mg/ak 44 to bring a claim against the state for a determination of negligence for failure to maintain a safe environment, among other things. Now, during the course of the process of the Claims Commissioner, a merits-based determination was made, which, with all due respect to the Claims Commissioners, was, in our belief, not appropriate. In other words, it was the unanimous position of the Judiciary Committee that the claim presented is both just and equitable, and presents an issue of law and/or fact, which, the state were it a private person, could be responsible. So under those circumstances, Mr. Speaker, the Judiciary Committees have the opinion that this claim should be granted permission to sue, and I so move.
Will they remark further on the resolution before us? Representative Fishbein of the 90th, you have the floor, sir.
Mg/ak 45 Thank you, Mr. Speaker. Mr. Speaker, I rise in support of the resolution. I don't think I could have said it any better. The Good Representative laid out what the law is, what the standard is, and why we think that this is appropriate. And therefore, I ask my colleagues to support as well. Thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the resolution before us? If not, will staff and guests please come to the well of the House? Members, take your seats. Head to the portal. The machine will be open.
The House of Representatives is voting by roll, members of the chamber. The House of Representatives is voting by roll, members of the chamber.
Mg/ak 46 Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. And Clerk take tally. And will the Clerk please announce the tally?
House Joint Resolution 42: Total number voting 145 Necessary for adoption 73 Those voting Yea 145 Those voting Nay 0 Absent not voting 6
The resolution is adopted. (gavel) Will the Clerk please Calendar 407?
Mg/ak 47 Page 57, Calendar 407, House Joint Resolution Number 57, Resolution Accepting the Recommendation of the Claims Commissioner to Make Payment in Excess of $35,000 With Respect to the Claim Against the State of Clifford Beers Community Health Partners, LLC O/B/O Youth Continuum, LLC. Favorable report of Judiciary.
Representative Jacobson of the 148th, you have the floor, sir.
Thank you, Mr. Speaker. Mr. Speaker, I move for acceptance of the Joint Committee's favorable report and adoption of the resolution.
The question before the chamber is acceptance of the Joint Committee's favorable report and passage of the resolution. Representative Jacobson, you have the floor. Mg/ak 48
Thank you, Mr. Speaker. Mr. Speaker, this is the third and final claims commission process that we will be handling today. This would be the approval of an award rendered by the claims commission, by very brief factual overview. This matter involves some damage to personal property, that there was a limited insurance coverage, and it was determined by the claims commissioner that the state should be responsible to the tune of $50,000. Now, applicable state statute says that when an award is rendered in excess of $35,000, legislative approval is warranted. And under the circumstances, it is the unanimous consent of the judiciary committee that such approval should be given in this case, and I so move.
Thank you, Representative. Will your remark further on the resolution before us? Representative Fishbein of the 90th, you have the floor, sir.
Mg/ak 49 Thank you, Mr. Speaker. Mr. Speaker, I rise in support of the resolution, and I thank my colleague for his presentation. He was succinct and on point, and I ask my colleagues to support as well. Thank you.
Thank you, Representative Fishbein. Will you remark further on the resolution? If not, will staff and guests please come to the well of the House? Members, take your seats. The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the Mg/ak 50 machine will be locked, and the Clerk will take a tally. And the Clerk please announce the tally?
House Joint Resolution 57: Total number voting 147 Necessary for adoption 74 Those voting Yea 147 Those voting Nay 0 Absent not voting 4
The resolution is adopted. (gavel) The chamber will stand at ease. The chamber will come back to order. Well, Representative Mushinsky of the 85th, you have the floor, ma'am.
Mg/ak 51 Thank you, Mr. Speaker. Today, we have the distinct privilege, with my colleague Representative Fishbein, of welcoming the Lineman Hall hockey team for capturing the CIAC Division Two championship in a very impressive manner, defeating number 11, Conard, five to two at M&T Bank Arena. We applaud you guys and your coach, Dave Sagnella, for his leadership, which has been instrumental in guiding this team to success. His dedication and commitment to his players have helped foster both skill and character, culminating in this remarkable achievement. I believe this is your second championship. Am I right? Yes. Okay. This victory marks the program's second state title and reflects the continued growth and excellence of Lyman Hall hockey. We are so proud of you, Lyman Hall hockey team. We are so glad you're here. And would the members please rise and give them an ovation? (applauding)
Thank you, Representative Mushinsky. Job well done, guys. Thanks for coming. Will the Clerk please Calendar 491?
Mg/ak 52 On Page 43, Calendar 491, substitute for Senate Bill Number 473, An Act Concerning the Reviser's Technical Revisions to the General Statutes. Favorable report of Judiciary.
Representative Fazzino of the 83rd. You have the floor, sir.
Thank you, Mr. Speaker. Good morning. I move acceptance of the joint committee's favorable report and passage of the bill in concurrence with the Senate.
Question before the chamber is acceptance of the joint committee's favorable report and passage of the bill in concurrence with the Senate. Representative Fazzino, you have the floor, sir.
Mg/ak 53 Thank you, Mr. Speaker. This is our annual cleanup bill, making technical revisions to statutes that came into effect in October of the year. Purely technical in nature, not creating any new laws other than what was passed last year. I move passage.
The question before the chamber is the passage of the bill. Will you remark further on the bill Representative Fishbein of the 90th, you have the floor, sir.
Thank you, Mr. Speaker. Mr. Speaker, I rise to support of the annual tech reviser bill. It is purely a technical revision, revisions to our statutes. I ask my colleagues to support the bill. Thank you.
Thank you, Representative. Will you remark further on the bill before us? If not, will staff and guests please come to the Mg/ak 54 well of the House? Members, take your seats. Head to your portals. The machine will be opened.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. And the Clerk will take a tally. And the Clerk will please announce the tally.
Total number voting 147 Necessary for passage 74 Those voting Yea 147 Mg/ak 55 Those voting Nay 0 Absent not voting 4
The bill passes in concurrence with the Senate. (gavel) Will the Clerk please call Calendar 441?
On Page 35, Calendar 441, House Bill Number 5442, An Act Concerning the Property Tax Exemption for and Tax Agreements Related to Certain Class 1 Renewable Energy Sources. Favorable report of Finance.
Representative Winter of the 94th, way back there. You have the floor, sir.
Mg/ak 56 Thank you, Mr. Speaker. Good to see you, Mr. Speaker. I move for acceptance of the Joint Committee's favorable report and passage of the bill.
Question before the chamber is acceptance of the Joint Committee's favorable report and passage of the bill. Representative Winter, you have the floor, sir.
Thank you, Mr. Speaker. The Clerk is in possession of an amendment, LCO 4954. I would ask that the Clerk please call the amendment, and that I be granted leave to summarize.
Will the Clerk please call LCO 4954, which will be designated House Amendment Schedule "A"?
Mg/ak 57 House Amendment Schedule "A", LCO Number 4954, offered by Representative Horn, Representative Winter, and Representative Howard.
Representative seeks to leave of the chamber to summarize the amendments. Hearing no objection, Representative Winter, you may proceed with the summarization.
Thank you, Mr. Speaker. This is as high as it goes. Okay. Last year, as part of Public Act 173, we passed a uniform solar capacity tax, which applies a uniform tax rate to all solar projects greater than one megawatt across the state. And this replaces the personal property tax, which is dependent on the mill rate in each municipality. So this standardizes the taxation of large solar projects across the state. At the same time, we passed a tax exemption for those solar projects. That tax exemption was overly broad, and so this bill will narrow the applicability of that tax exemption. In Mg/ak 58 particular, the exemption applied to all solar projects, including those that are already on the grid and would otherwise be subject to local personal property taxes. So the main thrust of this bill is to apply the tax exemption to projects that come online after July 1st of 2025. And it does so in a way that's not retroactive, because it'll be applicable beginning July 1 of this year. And for any projects that come online before July 1 of this year, they'll be taxed for 19 years, and any projects that come online after July 1 of this year will be taxed at the uniform capacity tax rate for 20 years. Importantly, the bill also authorizes assessors to issue certificates of correction, and that way they can adjust the grand list to correct for projects that should have been taxable and should have been included in the grand list for this year's assessment. Thank you, Mr. Speaker. I move adoption.
Question before the chamber is on adoption of House Amendment Schedule "A". Will you remark further on the Mg/ak 59 amendment? Representative Polletta of the 68th. You have the floor, sir.
Good afternoon, Mr. Speaker. Through you, before we adopt the amendment, I would like to defer over to my good colleague from Prospect. Thank you.
Representative Zupkus of the 89th. You have the floor, ma'am.
Thank you, Mr. Speaker. Mr. Speaker, I need to recuse myself for possible conflict of interest. Thank you.
Thank you, Representative. The chamber will stand at ease. The chamber will come back to order. Representative Polletta. Mg/ak 60
Thank you, Mr. Speaker. I will reserve my comments and questions on the underlying bill.
Thank you, Representative. Will you remark further on the amendment before us? On the amendment? Is there an objection to a voice vote on said amendment? Hearing none, I'll try your minds. All those in favor, please signify by saying aye.
Opposed, nay. The ayes have it, and the amendment is adopted. (gavel) Will you remark further on the bill as amended? Representative Polleta.
Mg/ak 61 Thank you, Mr. Speaker. Again, good afternoon to you. The last time I got up here and questioned the colleague or the Good Representative from the 94th, it was someone different, and it was on the minimum wage bill, which lasted 10 hours. And I can assure you that today's debate will not last nearly as long. Maybe one hour. No. Just kidding. Through you, Mr. Speaker, just a quick question to the proponent of the bill. I know that we've worked on this legislation in the committee for a number of years, and finally coming to a head here, which is good news. Is there a fiscal note on this bill, and would there be any negative impacts to the grand list and municipalities? Through you, Mr. Speaker.
Representative Winter.
I'm just pulling up the fiscal note. So the amendment says limits a solar personal property exact exemption, as I mentioned, and allows for the amendment to the 2025 five grand Mg/ak 62 list. So this should result in a grand list increase for municipalities that otherwise would have had, if we kept the language of the exemption that passed last year, a larger number of solar projects would continue to be exempt, to stay off of the grand list.
Representative Polleta.
And I thank the good colleague from the 94th for his answer, and, yes, it will result in a grand list increase. So, I will stand in support of this bill today. Again, as I mentioned, I know that we worked on it. It came out of the Finance Committee unanimously, I believe, on consent. So I would encourage my colleagues to vote in favor. Thank you, Mr. Speaker.
Mg/ak 63 Thank you, Representative Polletta. Will you remark further on the bill as amended? Representative Howard of the 43rd. You have the floor, sir.
Thank you, Mr. Speaker. A couple of just brief comments. I want to thank the leadership of the Finance Committee for their work on this to make the adjustment to what I think was actually a drafting error, perhaps last year. I also want to recognize Representative Winter and Representative Foster for working with me collaboratively on this piece of legislation and how important it is in my town of North Stonington because absent of this piece of legislation, you're talking about a 1.5% reduction in the grand list last year that was unforeseen. So this corrects that and allows the Board of Finance there and the people in North Stonington to continue on what was intended. So I'm grateful to my colleagues for the assistance on this piece of legislation. I hope it passes today. Thank you, Mr. Speaker.
Mg/ak 64 Thank you, Representative Howard. Will you remark further on the bill as amended? If not, staff and guests, please come to the well of the House. Members, please take your seats. Head to your portals. The machine will be open.
The House of Representatives is voting by roll, members of the chamber. The House of Representatives is voting by roll, members of the chamber.
Have all the members voted? Will the members please check the board and determine if your vote is properly cast? If all the members have voted, the machine will be locked, and the Clerk will take a tally. And will the Clerk please announce the tally?
House Bill 5442, as amended by House "A": Mg/ak 65 Total number voting 147 Necessary for passage 74 Those voting Yea 147 Those voting Nay 0 Absent not voting 4
The bill is amended passes. (gavel) Will the Clerk please call Calendar 453?
Page 37, Calendar 453, substitute House Bill Number 5581, An Act Amending a Prior Conveyance of a Parcel of State Land to the town of Rocky Hill. Favorable report of Government Oversight.
Mg/ak 66 Representative Osborne of the 16th. You have the floor, ma'am.
Thank you, Mr. Speaker. I move for acceptance of the Joint Committee's favorable report and passage of the bill.
Question before the chamber is acceptance of the Joint Committee's favorable report passed to the bill. Representative Osborne, you have the floor, ma'am.
Thank you, Mr. Speaker. This bill is a conveyance of property in the town of Rocky Hill from the state DOT. And I move for passage.
Question before the chamber is passage of the bill. Representative Wood of the 29th. You have the floor, ma'am. Mg/ak 67
Thank you, Mr. Speaker, and thank you to the committee for looking into this conveyance and passing it out. This is land that was part of the old 291. That was a project that the DOT was going to pursue. That project was abandoned. And the language that came out of committee had the parcel being larger than what it should have been, which was why DOT put in their opposition against it. We have fixed the size, meaning DOT can continue to use part of this property for staging along I-91, and the rest of it can be conveyed to the town to use for open space and passive recreation. Our farmland preservation committee was very passionate about having this land conveyed to the community and be used for future generations and to be left undeveloped. Thank you very much.
Thank you, Representative. Will you remark further on the bill before us? Representative Carney of the 23rd, you have the floor, sir.
Mg/ak 68 All right. Thank you very much, Mr. Speaker. I appreciate the Good Representative from Rocky Hill for her explanation and for clearing up the issue that DOT had. With that, I am supportive of this conveyance, and I would encourage my colleagues to also support it. Thank you very much, Mr. Speaker.
Thank you, Representative Carney. Will you remark further on the bill before us? If not, will staff and guests please come to the well of the House? Members, take your seats. Head to the portal. Machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the Mg/ak 69 members have voted, the machine will be locked. And the Clerk will take a tally. And will the Clerk please announce the tally?
House Bill 5581: Total number voting 147 Necessary for passage 74 Those voting Yea 147 Those voting Nay 0 Absent not voting 4
The bill passes. (gavel) Will the Clerk please Calendar 504?
Mg/ak 70 Page 46, Calendar 504, Senate Bill Number 520, An Act Repealing a Conveyance of a Parcel of State Land to the Town of Canton. Favorable report of the Joint Standing Committee on Government Oversight Services.
Representative Osborne of the 16th. You have the floor, ma'am.
Thank you, Mr. Speaker. I move acceptance of the Joint Committee's favorable report and passage of the bill.
Question before the chamber's acceptance of the Joint Committee's favorable report and passage of the bill. Representative Osborne, you have the floor.
Mg/ak 71 Thank you, Mr. Speaker. This is the thank you very much, but no thank you bill. It is a prior conveyance that we are amending. The town of Canton's plan simply changed, and instead of owning this property, they are going to lease it going forward. And I move passage of the bill.
Will you remark further on the bill before us? Representative Carney of the 23rd, you have the floor, sir.
Thank you very much, Mr. Speaker. Repeals are great. I support this and encourage everyone to vote for it.
Thank you, Representative Carney. Will you remark further on the bill before us? If not, will staff and guests please come to the well of the House? Members take your seats. Head to the portal. Machine will be open. Mg/ak 72
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Will members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. And the Clerk will take a tally. May I have the Clerk please announce the tally?
Total number voting 148 Necessary for passage 75 Those voting Yea 148 Those voting Nay 0 Mg/ak 73 Absent not voting 3
The bill passes in concurrence with the Senate. (gavel) Will the Clerk please call Calendar 475?
Page 41, Calendar 475, substitute for House Bill Number 5580, An Act Amending a Prior Convenience of a Parcel of State Land to the town of Stratford to Permit the Parcel to be Sold, Transferred, and Leased. Favorable report of the Joint Standing Committee on Government Oversight.
Representative Romano of the 113th, for what purpose do you rise?
Oh, thank you, Mr. -- there we go. I wish to recuse myself to avoid a potential conflict of interest. Mg/ak 74
Thank you, Representative.
The chamber will stand at ease. The chamber will come back to order. Representative Osborne of the 16th. You have the floor, ma'am.
Thank you, Mr. Speaker. I rise to move for acceptance of the joint committee's favorable report and passage of the bill.
Question before the chamber's acceptance of the joint committee's favorable report and passage of the bill. Representative Osborne, you have the floor, ma'am. Mg/ak 75
Thank you, Mr. Speaker. This is the amendment of a prior conveyance from 1968 in the town of Stratford. It does not expand to the property. It simply changes the purpose for which the conveyance was made, and it was aptly summarized by the clerk. It now permits the sale or lease for certain purposes, and I move adoption.
Thank you, Representative. And, yes, I was born even back then. Will you remark further on the bill before us? Representative Carney of the 23rd, you have the floor, sir.
Thank you very much, Mr. Speaker. Just to expand a little on this, this conveyance, as the Good Representative from Simsbury said, it changes the conveyance to basically allow the town to sell a parking area. However, it must be for fair market value, and any proceeds must go to the special transportation Mg/ak 76 fund. So I urge my colleagues to support this. Thank you very much, Mr. Speaker.
Thank you, Representative. Will you remark further on the bill before us? If not, will staff and guests please come to the well of the House? Members, take your seats. Head to the portals. Machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all the members voted, machine will be locked, and the Clerk will take a tally. Will the Clerk please announce the tally? Mg/ak 77
House Bill 5580: Total number voting 147 Necessary for passage 74 Those voting Yea 147 Those voting Nay 0 Absent not voting 4
The bill passes. (gavel) Will the Clerk please Calendar 503?
Page 46, Calendar 503, subsequent for Senate Bill Number 519, An Act Amending the Prior Conveyance of State Land to the Bridgeport Port Authority. Favorable report of Joint Standing Committee on Government Oversight. Mg/ak 78
Representative Osborne of the 16th. You have the floor, ma'am.
And thank you, Mr. Speaker. I move for acceptance of the Joint Committee's favorable report and passage of the bill.
Question before the chamber's acceptance of the Joint Committee's favorable report and passage of the bill. Representative Osborne, you have the floor, ma'am.
Thank you, Mr. Speaker. This is another amendment of a prior conveyance, and it simply changes the cost at which the Bridgeport Port Authority is entitled to convey the parcel, simply to align it from what was previously noted as fair market value to $119,000 in order to conform this to a contract that Mg/ak 79 was actually signed back in 2014. And I move the adoption of the bill.
Thank you, Representative. Will you remark further on the bill before us? Representative Carney of the 23rd, you have the floor, sir.
Thank you very much, Mr. Speaker, and the Good Representative from Simsbury summed this up perfectly. It will lower the cost for this sale and allow there to be some development down in this area of Bridgeport, and I encourage my colleagues to support this. Thank you very much, Mr. Speaker.
Thank you, Representative Carney. Will you remark further on the bill before us? If not, staff and guests, please come to the well of the House. Members, take your seats. Head to the portals. The machine will be open. Mg/ak 80
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all the members voted? All right. As we -- Let final people vote. We're going to take Representative McGee off the board. We had an accident. Someone hit someone's computer by accident, so we're going to fix it. All right. Representative McGee is now off the board. Representative McGee, you may now vote. Thank you. Representative, all you go to your desk. We're all set. Okay. If anyone has any questions, you come find me, but it's all resolved in the right way. Have all members voted? Take your time. Take your time. Take your time. If all members have voted, the machine will be locked. Will the clerk please take and announce tally?
Mg/ak 81 Total number voting 148 Necessary for passage 75 Those voting Yea 148 Those voting Nay 0 Absent not voting 3
The bill passes in occurrence to the Senate. (gavel) Announcement or introductions. Mr. Majority Leader, we have some friends of yours here, I believe.
Thank you very much, Mr. Speaker. Indeed, we have some special guests here in the well of the house. Before I get to introducing them, I'll do a little bit of history. Trinity College is where I spend my time outside of politics, where I work. Mg/ak 82 Have the privilege of working. College was founded in 1823. A little history trivia. The campus that we're on now is our second campus. Our original campus was actually located right where we're standing right now, right where this building is. In 1872, city of Hartford approached the college to buy the land so that they could build this beautiful building. The college agreed and sold the land in 1872. And then we ended up moving to our current campus in 1878. Lo and behold, this building opened up in 1879. I don't know if they built a building in a year. If they did, that's pretty impressive, given that it was the 1800s, and they didn't have all the fancy equipment that we have today. Fast forward to the 1940s. That is when our squash program was actually established. And they were good all those years. 1940s, 50s, 60s, 70s. And then suddenly, we get to the nineties. And there is a retired coach who is here with us today, who I'll introduce. But something special really started happening in the 1990s when they decided to go win 252 consecutive matches. That took you from 1998 to 2012. In that span, they also happened to win 13 national championships. This is a program that has had 64 individual All- Mg/ak 83 Americans. And something to note, Trinity College is division three program. And we often think about division one. But for division three, but in this sport, they actually play at the division one level. So we're beating all those colleges who think they're really good at sports, until they come to meet the Trinity College squash team. And they get their things handed to them. I guess I'll leave it at that. They took a break in 2012, and then decided to win some more national championships in 2013, 2015, 2017, 2018. And the former coach retired. We have a new coach now who's in his second year. Coach Moustafa Hamada. If you want to stand up and recognize you. Absolutely. (applause) He played on the team 2011 and 2015. Won two national championships as a member of the team, in which he was the captain. And then he decided to come back and become head coach and start winning national championships again for the team. So really amazing accomplishment for him and his family, and certainly want to recognize all the successes. He's brought no pressure. He only got 19 more to win to beat Coach Assaiante, Mg/ak 84 who I'll introduce next. And Coach Assaiante is here. If you could rise. (applause) Yeah. He coached the team for 28 years and managed to win 95% of their matches. So, he only had 507 and 29 record while he was coach. So, another amazing accomplishment by Coach Assaiante. He's still around and helping guide our current coach and helping mentor our students, so that they can continue their winning ways. I also want to introduce their faculty staff liaison, Professor Andrew Flibbert. He's a professor of political science. Yeah. (applause) He's a professor of political science, international relations with a focus on Middle East and North Africa, especially Iraq, Egypt, Algeria, and Palestine. And it's important that we recognize him. I respect all of our athletes who compete at the collegiate level. But for division three, we pride ourselves on the scholar piece first and the athlete piece second. And having him be part of the team is really Representative of how much our students put an emphasis on their academics. And then they also happen to be really amazing athletes as well, too. Mg/ak 85 So I want to recognize, Professor Flibbert. (applause) Now I know most of the team is here. I'll quickly introduce them, and you're going to pick up on a theme here, how incredibly diverse this team is. They represent the world, not just the United States, as is the case with most collegiate So, if the players are here, I'll ask them to stand up. Lucas Alvarez from New Canaan, Connecticut. Representative O'Dea, he's your guy. Yeah. There you go. Zane Amjad from Hong Kong, China. All right. Eyad Awad from Cairo, Egypt. Joachim Chua from Shah Alam, Malaysia. Not here? All right. Huzaifa Ibrahim from Karachi, Pakistan. No? Not here? All right. Mohammed Ashban Erfan from Houston, Texas. Andric Lim Kaishan from I just want you to know I didn't practice any of these, so hopefully I'm not butchering these names. But Wasserne Lowe, from Ipoh, Malaysia. Charlie Mullin from Cincinnati, Ohio. Bo Page from Wayne, Pennsylvania. Segundo Portabales from Mar Del Plata, Argentina. Graham Roberts from Atlanta, Georgia. Javier Romo Lopez from Quito, Ecuador. And probably someone with the longest Mg/ak 86 journey here, Angel Salgado Junior from Hartford, Connecticut. Yeah. Oliver Scott from New York, New York. All right. Dmytro Shcherbakov from Kyiv, Ukraine. There you go. Daniel Simon from Budapest, Hungary. I'm getting to the end here. I'm filibustering here. Benedek Takacs from Szeged, Hungary. Close. And then, rounding out this amazing team, Ruiqi Wang from Hangzhou, China. So thank you, Mr. Speaker. Thank you to the chamber. An amazing accomplishment by this team, and no pressure, but we expect that you'll be back here next year so that we can recognize you for another national championship. Go, Bants. (Applause)
Thank you, Mr Majority Leader.
Mr. Speaker, as if I wasn't taking an uptight right on cue, a guy that is lucky enough to work with me on a daily basis, the 23rd president of Trinity College, Daniel G. Lugo, who just Mg/ak 87 joined us. (applause) Thank you, Mr. Speaker, and thank you to the chamber.
Thank you. Congratulations to the squash here. My sister is a proud Trinity graduate, but many years before you, young man, which one of you is from Wayne, Pennsylvania? Is he here? My college roommate at Colby, and we don't play you in squash because we couldn't beat you in squash, was from Wayne, Pennsylvania, so it's a small world. But anyway, congratulations on all your successes. As a Hartford person, I watched your squash team win for many, many years. It's a real honor. Who did you beat in the finals here? Which Ivy League school did you take down? Harvard? Harvard? Yeah. Pretty cool. So congratulations. Representative O'Dea?
Mg/ak 88 In addition to congratulating the team and my fellow New Canaanite, I've got an announcement, if I may, through you, Mr. Speaker.
The Republicans are going to be caucusing in Room 110.
110 Caucus. Republicans. Sounds good. Any more, Mr. Major, hang on. Representative Meskers has an announcement, so we'll give him an opportunity. Mr. Chairman.
Thank you, Mr. Speaker. I know it's not normally my role to be viewed as the introductor of people who are diplomats, but I find myself in that strange position. I have the honor and privilege of presenting the Consul General of Canada in New Mg/ak 89 York, to the Assembly, Mr. Thomas Clark, Consul General. (applause) Mr. Thomas Clark had a 45-year career in journalism, where he covered over 30 active war events in the course of his career. He traveled extensively around the world. He has consulted on the business side prior to his role as consul general with China and the US principally. But as a very storied career, his only mistake in life is to allow the consul general's office to be located in New York and not in Hartford. So I want to give him a warm greeting. Thank you, sir. (applause)
Mr. Consul General, it's a pleasure to have you here. I'm glad to see that the relations between our two countries are warming up after that hockey game in February. Mr. Majority Leader.
Mg/ak 90 Thank you, Mr. Speaker. House Democrats will be caucusing in Room 207A. And with that, I move we recess after the call of chair.
Without objection, so ordered. (gavel)
(gavel) Will the chamber come back to order? And the clerk, please call Calendar 97.
On page 50, Calendar 97, substitute for House Bill Number 5004, An Act Concerning Child Welfare, Accountability, and Transparency, favorable report of Committee on Children.
Representative Paris of the 145th, you have the floor, sir.
Mg/ak 91 Thank you, Mr. Speaker. Mr. Speaker, I move for acceptance of the Joint Committee's favorable report and passage of the bill.
Question before the chamber's acceptance of the Joint Committee's favorable report and passage of the bill. Representative Paris, you have the floor.
Thank you, Mr. Speaker. Mr. Speaker, the clerk has an amendment LCO 5360. I would ask the clerk to please call the amendment, and that I'd be granted leave of the chamber to summarize, sir.
Will the clerk please call LCO 5360, which will be designated House Amendment Schedule A.
Mg/ak 92 House Amendment Schedule A, LCO Number 5360, offered by Representative Paris, Representative Welander, or Representative Walker.
Representative seeks leave of the chamber to summarize the amendment. Is there objection? Hearing none. Representative Paris, you may proceed with the summarization.
Thank you, Mr. Speaker. I feel like the conversation and the debate in which we're about to engage in is a long time coming, and we have many duties and responsibilities as legislators and just as a state, discharged to us for us to undertake in order for us to ensure that our state sustainability and stability is protected. The protection of children is at the top of that list. And as you know, the agency for the Department of Children and Families oversees the welfare of all the children in our state. Inside of foster care, outside of foster care, we support many Mg/ak 93 families, grandparents, fictive kin, as we try to ensure that children have a less traumatic experience, a more stable transition back into the process of being made whole so that they can continue throughout their life despite many of the adverse situations that they might have experienced with protections, with dignity, and above all else, with respect. Unfortunately, our state has experienced many tragic cases over the last year, if not over the last decade. Many cases that have affected so many of our various communities, and, unfortunately, there are almost too many to name. But as we stand here today, and as we have spent many months going through many different parts of legislation, so we could understand how to make not only the system stronger for those who work in it, but how we can make the system stronger for the children that we seek to provide support and protection to. This is a personal bill also for me, sir. I was a child who experienced abuse. My grandmother was a social worker for both adult protective services and child protective services, and I didn't necessarily fit the mold of what you think would have to be investigated because of the abuse I experienced. Mg/ak 94 But I know that if we were doing this work today, during the time that I was growing up, during some of the challenging experiences I had as a child, I know for a fact that the system would have protected me better. And I know for a fact that we may not have been able to save every single child in whose name we try to do this work just a little bit better for today. I know that moving forward, we're going to do everything we can to protect however many more children we could possibly protect. And so with this bill, sir, the underlying amendment simply makes many bipartisan fixes, thoughtful, curated, and above all else, above all else, reasonable fixes to not only stand up this department to do the right thing moving forward, but to also hold them accountable, which is what so many parents, whether their child is in the system, or whether they are onlookers with their own family, look at us to fix right now. They want accountability and transparency, and this bill aims to provide that. We aim to provide a pathway for the young people who are in the system, who are looking for a way out once they have aged out of the system. We look for ways to protect Mg/ak 95 the case workers who are doing the hard work in the trenches on in the field every single day, and we know it's not an easy job. We try to find ways to make their job easier. We try to find ways to retain their employment. We try to find ways to find equal footing for those who are 70 and 80 years old, now taking custody of their grandchildren and great-grandchildren, and can't make ends meet, or foster families who need more resources for those kids. And above all else, we're saying today, we know that what has happened in the last year is not good, and it is not good enough for anyone on the Democratic side or the Republican side. It's not good for the state of Connecticut, and we seek leave of this chamber to have a substantive debate to make these changes for a future in which we can say, today, we made great changes for the kids of Connecticut, and we stand by those changes because we know it's going to be a stronger system. I move adoption.
Mg/ak 96 Question before the chamber's adoption of House Amendment Schedule A. Will you remark further on the amendment? Representative Dauphinais, the 44th. You have the floor, ma'am.
Thank you, Mr. Speaker. And I rise with full support of this amendment, and I'm asking that we have a voice vote for the amendment. Thank you.
Thank you, Representative. Hearing that, I will try your minds if there is not an objection to a voice vote. Thank you. Hearing no objection, I'll try your minds. All those in favor of the amendment, please signify by saying aye.
Mg/ak 97 Those opposed, nay. The ayes have it, and amendment is adopted. (gavel) Will you remark further on the bill as amended? Representative Paris.
Yield my time to the good ranking member, sir.
Representative Dauphinais.
Thank you, Mr. Speaker. And I would just say let the good chairman go through the bill as amended, and we can further discuss it after that. Thank you, Mr. Speaker.
Representative Paris, back to you.
Mg/ak 98 Thank you, Mr. Speaker. I'll take the orders of my good ranking member and will follow her lead as instructed, sir, through you. The first section of this bill requires that DCF, when making emergency placement of a child, to place a child with a relative or fictive caregiver. Right now, as it stands, DCF is doing its very best job to try to place the child in an emergency placement situation or setting. So if the child has somewhere to call home and is in a safe setting, that doesn't necessarily leave them in the throes or in the gray area of the system. And with this section, sir, we seek to try to place that child with someone whom they are familiar with. A family member who can provide a safe, equitable, and nurturing environment. It could also be a caregiver or a person that they know through their school, such as a school counselor. Just someone who is familiar to that person. And if DCF decides to deny an emergency placement with a relative or fictive kin throughout this process or removes a child from such a placement, it must document as a reason as to why for such denial or removal, which is not the case right now. Mg/ak 99 And I believe that it is important that many family members or fictive care members who care about the overall well-being of that child know why they are being denied that placement, and to find ways to how to rectify that so that they might be able to be placed with that child in the end. If DCF does make an emergency placement of a child with a person who is not kin, or has a fictive relationship to them, it also must document that such a placement in this best interest of the child is necessary. So this simply just requires DCF to notify any applicant for any initial foster care license, which currently also includes kin caregivers, for any reason for that denial, and we hope that this will help to streamline that process a little more. In section two of the bill, sir, it also places fictive kin caregivers on equal footing with kin as it regards to the court and DCF placement priority. Now we certainly don't have a lot of time, and I want to be respectful of our other colleagues who have many bills coming up after us. But when we talk about the court system as it relates to DCF and the process in which many Mg/ak 100 people have to go through to try to get custody or possession of the child. It's a very, very, very challenging process. So until next year, when we can come back and really work through this in a more substantive way when we have more of a leeway, what we're simply trying to find is that if you are a fictive kin family caregiver or a familial caregiver, with regards to the court, immediately, we are simply saying that you also have that priority, placement opportunity as someone who may be familial as well. We just want to create equality and equity in this space, and we think that that would be really important for the child at hand. Section 3, and this is a really important part, the next few sections. It establishes a few grant programs which will help families be able to make ends meet. It is really difficult for a family to be able to make ends meet in our state. I think we can all agree that affordability is something that's top of mind for all of us. But if you consider the fact that you're making a very personal and deep decision as a family member to now take possession of a child, to bring them in as a foster care child, or a fictive Cange, addition to your home, it can be rather expensive. Mg/ak 101 And so, for many grandparents in our system, they've not seen an increase in nearly two decades. And for many of the foster care families in our system, they've not seen an increase in almost a decade. And what this says is, look, we want you to keep your maintenance care payment, which families receive every month on the fifteenth if they're a foster care family, and we want you not only to receive that, but we want to help you out. In the case of an emergency placement, when we have to place a child in short order, it's about 100-day window there, we want to ensure that when we're sending that child home, that child and its family is not having to worry about how are we going to pay for incidentals? How are we going to pay for a new mattress? How are we going to pay for all the things that we need to get this child started in So one of these grant programs now provides money being made available to the agency, to DCF, that says, in the case of an emergency placement, if the family is in need, we will give emergency funding to that family to cover the incidental costs for taking possession of the child. They will require an application process. Mg/ak 102 And in addition to that, much of how much will be given out in each grant will be up to the discretion of the agency. Additionally, there are two other grants that we would be looking at that are now going to be created. One, that focuses on childcare placement, emergency placement through Care for Kids, which is a program that is already in place. It's not a new program that is creating. This is not a new policy, but we're just trying to give more money to it because we've heard from many districts all across our state, including Milford, including some more rural districts where kids may attend YMCA, or Boys and Girl Club after-school care or childcare programs, that there aren't enough slots made available to them. Yeah. Another thing that we're trying to take off the worry of many of the parents that have engaged in this process. And lastly, as we know, we want our young people to be able to have full thriving opportunities to do all that they can possibly do with after-school programs without feeling othered. And so we're also creating an after-school and enrichment program fund, which will allow for families to get grant funding for after-school programs, such as basketball, Spanish lessons, Mg/ak 103 math club, whatever it is, we will help pay for those enrichment programs. In sections five and six of the bill, we simply are creating a new internship program because we have recently seen studies that show that nearly 50% of the workforce for DCF is decided to leave working for DCF. This is one of our most critical agencies, and we need to ensure that we're doing everything we can to not only recruit more people to come work there, but to retain them. And so on the recruitment side, we are asking that young people who want to come, they're earning their masters in social work, they want to come and work with DCF, that they go through this internship program, and they will be provided a stipend that will be administered by DCF to help them, entice them a little bit more, and give them more of an incentive to actually work with DCF after the internship is over. It also creates a mentorship program for a first year, caseworker now working with a more seasoned caseworker. I don't want to add any year number to that, so I don't offend anyone. It creates a stipend program which will allow for a stipend to be given to both the mentor and the mentee, and Mg/ak 104 will allow for them to be able to try to learn on the go, from a lived experience in a subject matter experience position, so that they are better equipped to be in the field. Section 6, and 7, and 8 just talk about mandatory trainings. A lot there are there's a list of mandatory trainings that DCF has to take. There's a much larger and longer list of optional trainings. We are simply moving some of those optional trainings over to the mandatory trainings. Some of those optional trainings that will now become mandatory and new trainings that will be included include postpartum, cultural behavioral, cultural training, cultural and competency behavioral training, and behavioral health training. This also codifies an existing non-statutory DCF program that provides grants to cover the cost of post-secondary education. We simply want that program to be codified in statute so that we understand that this is another pathway that will be available to our young people once they are aging out of the program and provide opportunities so that if they are being set back a little bit and they've had some some roadblocks that the commissioner has the discretion to con let them continue in that program without them having to age out of the program. With that Mg/ak 105 program, we want to ensure that we are seeing the -- and I think the good vice chair of this committee for her work on this. We want to ensure that we are focusing on the efficacy of that program and knowing that it actually works because there are many members on both sides that have shared with us that many of their constituents have not had the opportunity to actually have a fair shot at that program. And so the auditor's office, once it is codified in the next year and a half to two years, will provide this body with a legislative report that will show us how the program works, some gap holes in which we can fill those so we can make the program stronger. And at that time, is my hope that we as a legislative body will be able to reevaluate that to make the program stronger for all. In Sections 11, 12, and I'm going as quickly as I can. I see my ranking member has questions. One thing that's really important as the public has been adamant about us -- As the public has been adamant in terms of us being able to provide transparency for the system, we want to ensure that we are putting best practice to use on all of the reports that DCF Mg/ak 106 provides to us as a legislative body that those reports and that data also be made public as well. So Section 11 calls for the approval and the creation and implementation of a public-facing dashboard, which in real time will provide dataset information that shows how the agency is working, what the case workload may be for any agency caseworker, where we have our most placements in the state in terms of children in foster care with fictive kin living with grandparents. It'll show kids who are aging out of the program where they might live. It will not provide any personal information, so that is all protected, but it will be very basic information for us and for the public to see in real time as it is updated on a daily basis. All the things that we're seeing as a state in terms of case numbers open up and going up or going down on a decline. Section 12 and 13. Section 12 will have a working group that simply works with that, to determine what will be included in that dashboard, and we look forward with our good Republican members across the aisle to work with us on that. Mg/ak 107 Section 13, though, is something that's very important, and I like to commend the good ranking chair. Oh, goodness. My apologies. I gave her a promotion. My apologies, Representative Dauphinais. The good ranking member of this great committee for her work on this, in addition to many others, which requires that a parent or guardian of a child who is a subject of an investigation is under protective supervision or is receiving protective services, must notify DCF whenever the child or any other child residing in that household will leave the state for more than 14 days. I think we all know why this might be coming up. Because of the terrible case that we've seen happen with Mimi out of New Britain and all the facts that have come out since New Britain case, where Mimi's family, her mother, who she was with, also with her aunt, had gone to Virginia and did not notify DCF. And again, Mimi was not under investigation during that time, but there was another child who was the source of an open investigation, and that's how we found information about the tragic case that led to Mimi's death. For us, in this, what we seek to do is that if anyone is leaving the state, they have to notify and tell DCF ahead of Mg/ak 108 time, hey, we are leaving. But if they should exceed that time, then it is incumbent upon DCF to go to ask the jurisdictional child protective services agency or the local law enforcement in that jurisdiction to do a wellness check for folks, so that they have to make at least three attempts, so that we can then know that that child is okay. And in the case that they have made that attempt and that they have had that wellness check, it is then that DCF here in Connecticut will be able to engage with that family via Zoom, so we can also do our own wellness check for our own records. Section 14, 15 are just simple protections for our family members. Section 14 prohibits the agency from using the fact that a caregiver is voluntarily seeking mental health treatment, including postpartum care, or is the sole factor in determining whether or not something should take action with them, losing their child. This comes out of a personal case, and we just want to ensure that no one is being discriminated against because of any behavioral health issues that they might be facing, that children remain in the care of the families if that is the case. And then again, DCF is not acting as a medical responder, but Mg/ak 109 again, as a protector of the child, even when it's in the best interest of the parent when they are not abusive in any way whatsoever. In Section 16, we want to ensure that our caseworkers are protected. And so DCF has the option now to now provide GPS, enable personal emergency communication devices to all employees who shall want this, who regularly work in the field with DCF- involved youth, just so that we can ensure that if there is an emergency in real time, there is an emergency button that those case workers can push. Local law enforcement will be there on the scene, and that way, we are ensuring the protection of our own case workers through our own state agency. Section 18, which is very important in another section that we want to ensure everyone knows has bipartisan support and certainly support from the women's caucus, the Black and Puerto Rican caucus, the moderate caucus, the women's equity caucus, excuse me, and many members of the Republican caucus. This establishes a child welfare policy and oversight committee for the agency. As we talk about accountability and transparency, we need better answers from the agency on their practices, on their Mg/ak 110 procedures, so that we understand how to better legislate policy from this body, so that we can also ensure that they're getting the necessary resources to continue to recruit and retain their employees, but also ensure that families have all that they need as well. Establishing this oversight committee will have some co-chairs and then also many sister agencies of DCF included in the process. This will be chaired by the co-chairs of the children's committee and the secretary of OPM or his designee to evaluate and make recommendations concerning the operations and outcome of state agencies focused on child welfare. The committee must select an organization to help do some of this work outside of the legislature so that we can ensure that there is an unbiased opinion that is included in the work that we're putting out. It also includes foster families, grandparents, aged-out former foster children, many agency heads, OCA, the DCF, the commissioner of DCF, members of the governor's administration, as well as members of both the Republican and Democratic parties in both the House and Senate on this Oversight Committee. By October 1st, 2030, the committee shall vote to determine whether or not it has completed its work and should cease Mg/ak 111 operation, but it must do so by a majority vote. And by that time, if we think that our work is not done, we will continue with that. Additionally, moving on to Sections 20, we are now requiring that OCA and DCF study ways to improve its policies to ensure for the immediate removal of an out-of-home placement of any child who is abused, or in result of such an out-of-home placement, and the agencies must provide that report to us, soon after. And lastly, one big note that we should focus on before we open up for questions. We are requiring Section 22 that DCF assigned a new investigator to a case when it is the third accepted report of a child abuse or neglect concerning a child, a child sibling, or other child living in a child's household, when any combination of these arise. And we thank the good chairwoman of the Veterans Committee for this edition. Through you, Mr. Speaker.
Mg/ak 112 Will you remark further on the bill as amended? Representative Dauphinais of the 44th, you have the floor, ma'am.
Thank you, Mr. Speaker. This bill is packed with what we worked intensely on with the good chair and the co-chairs, and our good chair up in the Senate as well. We spent probably hours on this bill trying to get it right. It is exactly what it says. It's An Act Concerning Child Welfare, Accountability, and Transparency, and that was my big focus. I wanted to be sure that this bill reflected those things and wasn't a bunch of goobly stuff in a bill that didn't reflect what we were really trying to accomplish here. I wanted to start off just to remind this chamber, and I know I said it a few days ago, but we've had some tragic events happen in this state. They go back to Matthew Toronto, who died, I'm going to say, under the watch of DCF. DCF had had their eyes on that child and, in fact, fell through the cracks and died shortly after. We have Mr. S. We all Mg/ak 113 know about Mr. S. That was a recent case in Waterbury. He was in the public schools with mandated reporters watching him. 20 reports given to DCF. And somehow that child was kept as a prisoner in his home and had to light a fire to his room to escape. Then we have the tragic event of Amy Torres, which the good chair just reflected on a little bit. This child was a happy, thriving child, and she was in the hands of DCF for several years, released, and then again fell through the cracks. And she was murdered by her mother, boyfriend, and the sister of the mother. Put in a box. She was put in a plastic box, another child that fell through the cracks. And then, Enfield recently happened, where this child was at home, reviewed by DCF as the reports reported, and a week later, found to be dead. And I have some very, very sad news. A report just came out today, just today, talking about another child. And of course, we don't have all the details and facts, but this child apparently was being monitored by DCF. The child told DCF several times that the child didn't feel safe and wanted to go into a foster home. This child was asking to go into a foster home. Now I know that this investigation Mg/ak 114 isn't final, but those are the reports that we're getting. The child was seen by DCF, according to the reports. The child was told they didn't need to go to a foster home. And an hour later, the child was found to be dead. These are tragic, tragic stories and events that have happened in our state, and both the good chair and I have worked very hard to make this bill something that would -- it's not going to do all the changes we need. We still need a lot more work. But we wanted to make the meaningful changes. Something that was going to really reflect some of these things that have happened. The good chair did a really good job of going through the bill, but I'm going to try to kind of retract and go over again with a few questions, and I'll start with Section 1. Can you just explain to us the reason why? I think I understand that this is going to streamline the placement of a child. But if the good chair could expand a little bit on that, this will streamline the placement of a child, when needs to be removed and put into a home in an emergency. Through you, Mr. Speaker.
Mg/ak 115 Representative Paris.
Thank you. Thank you, Mr. Speaker. That is correct. All we want to do is to ensure that a child and this already jarring situation and environment, is placed with a person that they feel safe with, that they feel compatible with. And so this just simply requires, once again, that when making that emergency placement of the child, that we will automatically -- if within reason and given the checks that DCF has to do, of course, through their own protocols, we'll automatically give priority to fictive kin and familial kin, when they want to take possession of the child. So this just creates a better level, equal level playing field, and will allow for the child to be with someone familiar. Through you, sir.
Representative Dauphinais.
Mg/ak 116 Thank you, Mr. Speaker. And thank you for that answer. Could you please expand on exactly what, or give us an example of what a fictive kin is for those in the room that might not understand that? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker, fictive kin. So I am a student in the great district of our great ranking member, and I'm a child who's experiencing challenges at home. She might be our neighbor. She might be a family friend. She could also be my school counselor. If I feel comfortable enough to live with the good Representative Dauphinais, and she would like to become my guardian, then she would be fictive kin. Through you, sir.
Representative Dauphinais. Mg/ak 117
Thank you, Mr. Speaker. That was quite comical, I must say. Because my next question is what's the benefits of emagency placements with relatives or a fictive kin like me? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker. Not to add any more levity to the conversation, but the good ranking member cares very much about my well-being and, of course, my growth. She understands I'm going through a hard time. She also encourages my confidence. So the plus to that is that I'm with someone who is just going to continue to put me into an environment that's going to ensure my success and also ensure that I don't get off on the right path. Through you, sir.
Mg/ak 118 Representative Dauphinais.
Thank you, Mr. Speaker. And through you, can you just give us a little bit of explanation? Because what we did here is we tried to require an explanation if the fictive kin was denied. Can you just expand on, perhaps, how that would look with regard to that through you, Mr. Speaker?
Representative Paris.
Thank you, sir. Through you, Mr. Speaker, if there is a denial, which I would hope there would not be, but in the case that there is a denial, DCF, the agency must provide a notice to the family for whom they are denying guardianship or possession of the child. And in addition to that, if the family feels as though that that's not the decision that was rendered was not a positive one or one that was germane to the subject at hand Mg/ak 119 regarding the child's well-being, then they can make an appeal process through the department, which will also go through the commissioner, and the commissioner can override that appeal as well. Through you, sir.
Representative Dauphinais.
Thank you, Mr. Speaker. And I'm looking, I know sections two run into section three, but the question would be through you, Mr. Speaker. How will the caregiver grant help emergency caregiver placement? We did allow for some finances in that regard. And maybe you could explain or be descriptive on a situation that might happen, that would really be helpful for the finances to be in place for that? Through you.
Representative Paris. Mg/ak 120
Through you, Mr. Speaker, as we know, state government is pretty efficient, but it's not always efficient, no matter how hard we try to get things right. So, a very personal situation and experience, which has happened a number of times across our state, doesn't matter, geographically where it might have taken place is that many guardians have taken possession of a child, and so they're waiting for payment to come to be rendered to them. When there's an emergency placement, a lot of times, families have to come out of their own pocket, which may set them back, in order to provide the immediate needs for that child. But also, a lot of times, families are expecting to be reimbursed for those charges and those costs that have been incurred. And, unfortunately, it comes a little too late. And so this is just providing emergency placement funding in real time and will allow for the family to use those funds until their maintenance care payments become active. Through you, sir. Mg/ak 121
Representative Dauphinais.
Thank you, Mr. Speaker, and thank you for that answer. And I think this is really important, in particular, in a time where we do have a lot of grandparents that are stepping up to help with perhaps a grandchild that might need emergency placement. Many of these individuals might be on a fixed income, already struggling themselves. So this was done in order to help those individuals be able to make that decision to take the child into their home and not be burdened financially with that. So I thank you for that answer. Through you going on to Section 4. This one talks about the extracurricular program funding. Is that something that goes on right now? Through you, Mr. Speaker.
Representative Paris. Mg/ak 122
Through you, Mr. Speaker, it's a very good question. The childcare piece of this is currently happening, but the extracurricular enrichment programs is not happening. This is coming from a suggestion from our good house chair of the Appropriations Committee, who has many foster care students and children in her district. And, obviously, really important for us to keep kids involved and active. So this is a new program that will start, and we're starting to give the agency some time to bring it to scale. But, hopefully, we will see a lot of people taking advantage of it, and, again, will not impact what they get from the bottom line of their maintenance care fee. Through you, sir.
Representative Dauphinais.
Thank you, Mr. Speaker. And I would agree with that. I think a lot of our children are moved about, and sometimes just Mg/ak 123 keeping them somewhat stable in the environment they are in, whether it be playing soccer or piano lessons or whatever they're involved in. Rather than pulling the carpet out from under them and changing their life upside down, we try to continue those programs and/or keep them socially connected to the other children around them. I wondered if the good chair could explain. Is there a limit to those funds, or is that based on a family-to-family basis? How is that money going to be distributed? Through you, Mr. Speaker.
Representative Paris.
Thank you, Mr. Speaker. Through you, sir, DCF must establish the criteria for appropriate grant expenditures and shall require documentation from grantees to ensure that the grant money has been appropriately used. Through you, sir.
Mg/ak 124 Representative Dauphinais.
Thank you, and thank you for that answer. So exactly what would the accountability mechanisms, exist, and and how would they work for accountability for those funds? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker. And that's a great question. I appreciate it. DCF must annually report to the new child welfare policy oversight committee and the children's committee, starting effective January 1st, 2028, on the number of applications and amount of grant payments made. Through you, sir. Thank you.
Mg/ak 125 Representative Dauphinais.
Thank you, Mr. Speaker. And again, I think that goes back to the purpose of this bill with regard to child welfare accountability and transparency. We want that accountability, and we want to know exactly what each expenditure is. So I really appreciate this part of the bill. Moving on to Section 5. Is this section something new that we're doing? Is this a new program? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker, with respect to the subject matter at hand, I would like to yield this question over to the good vice chair of the committee, Representative Welander, sir.
Mg/ak 126 Torch is being passed. Representative Welander of the 114th. You have the floor, ma'am.
Thank you, Mr. Speaker. Excuse me. Those spam phone calls always come at the wrong time. Through you, Mr. Speaker, Section 5 is a new grant that would allow for students that are looking to work in social work to receive a small stipend when they're interning with the department and the agency, so that we can really start supporting them from the ground up. So we can try to retain them. So once they come to the agency, they are able to stay with us. Through you.
Representative Dauphinais.
Thank you, Mr. Speaker. And thank you to the good, co- chairwoman. I guess if you could explain a little bit more of how you see this playing out. We know there's been a huge Mg/ak 127 shortage of DCF workers. And I think the intention here is to keep them and keep them indefinitely, hopefully, right? So, if you could expand on how you see that playing out and keeping individuals in DCF? Through you.
Representative Welander.
Through you, Mr. Speaker. Since 2022, since the pandemic, and then 2022, really, we saw a huge drop off in the number of social workers working for the Department of Children and Families. And what we are trying to do is make sure that if someone is going to school for social work and they think they want to go to work for the agency, this will allow them an early introduction to the work that's actually done. And that way, we are not looking to hire someone, onboard them, get through the training, only for them to realize at that point that it's not the best fit for them professionally. Mg/ak 128 So this will give them early insight into the work that needs to be done. And it will also in this section is a mentorship program that will support the knowledge that our seasoned social workers have, because that knowledge is invaluable in how the process works. And we want to make sure we're recognizing that when they are taking a new social worker under their wing and teaching them the process, that we value that. Through you.
Representative Dauphinais.
Thank you, Mr. Speaker. And my next question is specific to the effectiveness of this program. Will there be any oversight committee or any overview to see if this program is actually working? Because obviously, we want it to be successful, and the intent is to keep staff. So, is there any oversight on this? Through you, Mr. Speaker.
Mg/ak 129 Representative Welander.
Through you, Mr. Speaker, yes. They will be reporting this information to the oversight committee. Through you.
Representative Dauphinais.
Okay. Thank you. And I'm going on to Section 6, with regard to the training that has put in here. There's been some changes to that training. I wondered if you could, more specifically, talk to -- exactly how this training's offered now. Are people taking advantage of it? I think what you described earlier was that it was optional. Or changing it to mandatory. Could you just expand on that a little bit? Through you, Mr. Speaker.
Representative Paris. Mg/ak 130
Through you, Mr. Speaker, I would be glad to do that. So as an agency partner, as an employee of the Department of Children and Families, especially as a mandated reporter, all of our case workers who work within the agency, and it's a -- remember, this is a very large agency. It's about 3,100 people who work in the agencies in various different departments. I don't know the exact number in terms of how many case workers we have. But for those case workers who are actually in the field, dealing with kids on a daily basis, they have to go through -- in order to even become a case worker, they have to go through mandated training on certain subject topics so that we can ensure that they are using the right lens when making judgment calls as it relates to the placement of children and families across our state. So, there are many trainings that are mandated regularly. There are some trainings where you just have to take once every couple of years. And look, raising a child, the care of a child, the needs of a child, just being a child, that has all changed rapidly over the last five years alone. Mg/ak 131 So imagine that compounded on top of actually being a child within the DCF system. Okay? There are many more nuanced challenges there. So we do need many of our case workers to be trained as best as possible with up-to-date information and best practices. And so with those mandated trainings, everyone's required to take them. Some of those time the timing on that will need to change. But then on the flip side of that, we have many optional trainings that folks can take. For example, an optional training currently right now on cultural diversity, which will include implicit bias training. That is optional right now. I don't know about you, but I would say me as someone who's living in a big city, if I'm a caseworker I'm going to skip over the cultural diversity bias training, but yet I'm going out to a rural part of our state, I'm not going to have the same experience in terms of making a decision for that child that I'm viewing, and that's in my So it's important for everyone to have the same training as often as possible, but certainly important for Demus to have a mandated training on postpartum and mental health, for there to be consultation on human trafficking training. And again, once Mg/ak 132 again, cultural diversity training, which would focus on that implicit bias. Through you, sir.
Representative Dauphinais.
Thank you. Thank you, Mr. Speaker. And I couldn't agree more. There were trainings that I didn't realize were optional. One of them were trainings on human trafficking practices. And I think the good chair mentioned the others. We had someone that came in to testify and talk about her experience with postpartum depression. She gave a testimony and described how her children were immediately removed from her when she went out to seek help. And this also addresses this, it's so, so important. We need to understand what we're dealing with, and I think again it goes back to the accountability, improving how we interact, and making us more aware and sensitive to what we're dealing with. Mg/ak 133 So I do agree with that. Going on to Section 9. Through you, Mr. Speaker, and to the good chair, could you explain this program that's already in existence, and maybe the changes that are being made to it in this bill? Through you, Mr. Speaker.
Representative Welander.
Thank you, Mr. Speaker. And through you, actually, there are no changes being made to the existing program. What this section does is it just codifies a program that is in existence, but is non-statutory and -- we're hoping that this will do is allow us to gather some really good data that will partially come through Section 10 on how this program is actually being used, if there are ways that we can better utilize these funds that are already being allocated, and we might be able to support some of the kids that are just finding their footing a little bit later on. Mg/ak 134 Because we know that many children who go through the foster care system it takes them until they're a little bit older often to really feel entirely comfortable about pursuing a degree, or certain trainings, including vocational types of trainings. And so this is a program that allows them to have additional resources to pursue those goals. Through you.
Representative Dauphinais.
Thank you, and thank you, Mr. Speaker, for that information. I think that it actually enhances it by auditing it. We're now going to be auditing the effectiveness and the efficiency of this program, which I was really supportive of because, again, we're going back to accountability and transparency and the goal of this bill. And that is exactly what this section is going to do. We're going to get an overview exactly of how it's working, if it's not working. And we can reevaluate at that time. Mg/ak 135 So I appreciate that. Going on to the next section, Section 11. I think the good chairman did speak a little bit about that, but we had talked about this at length. And I think, and correct me if I'm wrong. What the goal is here is to make sure that everybody in the state of Connecticut knows exactly what DCF offers, how to contact DCF, and all that's available to them, even if there's problems with DCF, maybe making reports to DCF. So the goal here is really, again, to be very transparent and allow individuals to have the ease of knowing what's available, maybe what's not available, and how to contact them. Is that correct? Through you, Mr. Speaker?
Representative Paris.
Through you, Mr. Speaker. Good to see you, sir. Threw me off for a second. Through you, sir, a public online dashboard, displaying real-time information on the agency's performance, information about resources, and, again, services that DCF Mg/ak 136 provides, including to, but not limited to, the office of community relations, housing and homelessness programs, and DCF's care line and text line. Additionally, just so that everyone is aware, once again, information about child abuse and neglect, including how to report it to the agency and the online mandated reporting training, will also be included through this dashboard. Through you, sir.
Representative Dauphinais.
Thank you, and thank you for that answer. So, moving on to Section 13. I think the good chair did do a good description of that, but we were, again, specifically trying to address some of the events we've seen across the state and trying to prevent them slipping through the cracks as we've seen. So if the good chair, I hope you don't mind. But if you could just re-explain that, because that's kind of very specific Mg/ak 137 to what would be required of a family who was within an open investigation. Or would that also include the children that are in the home with an open investigation? Through you, Mr. Speaker.
Representative Paris.
Thank you, Mr. Speaker. Through you, sir, this would simply require that a parent or guardian of a child who is the subject of an investigation and, again, is under protective supervision, that they must notify DCF whenever that child and any other child residing in the household will leave the state for more than 14 days. And look, you could be gone for 14 days, and some kids, as we know, get sent away to their grandparents for a summer. And so that would just require you to check in a little bit more. But that notice shall be made to DCF, more than 48 hours prior Mg/ak 138 to the child's departure, and will include where the child will be located and for how long. And if the duration of that trip is extended, once again, DCF must be notified for the parent in order for them to basically remain in good standing throughout that period. If the parent does not notify DCF, DCF must do a couple of things. First of which is attempt to contact a parent, or guardian, or other family member of the child on three consecutive days following the violation to figure out the child's safety and whereabouts. And if the child's location is unknown, they must then contact the child welfare or law enforcement agency in that jurisdiction to request that they perform an in-person wellness check, following up to three consecutive days if necessary. Through you, sir.
Representative Dauphinais.
Mg/ak 139 Thank you, Mr. Speaker. And thank you for further explaining that section of the bill. And going on to Section 16 with regard to the staffing and keeping them safe, excuse me. The ability to use these safety devices, is that going to be mandatory, or is that voluntary? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker. I know how the good ranking member feels about mandates. It will be voluntary, sir. Through you.
Representative Dauphinais.
Thank you so much, Mr. Speaker, and thank you to the good chair for that answer. I think this is a really good practice. I Mg/ak 140 think it gives the opportunity for staffing to feel safe and use equipment that will keep them safe, but if they choose not to, that will be up to them. Going on to Section 18 and the Child Welfare and Oversight Committee. Through you, Mr. Speaker, is this a new board or a new program?
Representative Paris.
Through you, Mr. Speaker, if the good ranking member wouldn't mind repeating that question, I'd love to give her an answer. Through you, sir.
Representative Dauphinais.
Sure. I'm sorry. I skipped over one, but I'm going to Section 18. I'll go back to section 17. I was asking about the Mg/ak 141 Child Welfare and Oversight Committee. Is that in existence right now? Through you, Mr. Speaker.
Representative Paris.
Through you, sir. It is not in existence. It would be a new oversight committee that would start after this bill became law. Through you, sir.
Representative Dauphinais.
Thank you, Mr. Speaker. And thank you to the good chair. Again, we're trying to establish some accountability and transparency, and that was the goal, I believe, with this committee. Is that correct? Through you, Mr. Speaker. Mg/ak 142
Representative Parris.
Through you, Mr. Speaker, that is absolutely correct. And for the public's education, again, we want to make sure that we are evaluating and making recommendations concerning the operations and outcomes of this agency. And so that is a major part as to why this committee will exist, so that we're just not putting policy together in a short session or a long session, but it is well thought out and has a lot of members at the table. Through you, sir.
Representative Dauphinais.
Thank you, Mr. Speaker. And if the good chair could just, maybe give a little explanation of how he thinks this will be beneficial to the children. Through you, Mr. Speaker. Mg/ak 143
Representative Paris.
Through you, Mr. Speaker, the good ranking member had pointed to a number of tragedies, including one that was just reported today. I believe that this is certainly beneficial to the safety and welfare of all of our children by having this committee because not only do we have more substantive and thoughtful policy that will better benefit them, through this agency, but we also are allowing for a lot of voice to be at the table, including foster families, including people who are affected by the agencies, decisions and processes, and oversight. So we will be able to really change things and have a conversation about some of the challenges that our people are facing, but also, it will allow the agency to educate the general public on their policies and standards. And there seems to be a conflict around that, then they will be a part of the Mg/ak 144 discussion in terms of what we might be able to change in future sessions. Through you, sir.
Representative Dauphinais.
Thank you, Mr. Speaker. And I will now go back to, I think, it's Section 17. If the good chair could, please describe to us exactly what the urgent center and Stanford aims to do, and perhaps maybe explain why it was specific for Stanford. Through you, Mr. Speaker.
Representative Paris.
A moment, sir. Through you, Mr. Speaker, I'd like to yield my time for this particular question to the chairwoman of the TCB committee, Representative Exum. Through you, sir. Mg/ak 145
Representative Exum.
Through you, Mr. Speaker. The urgent crisis center is a center that is established that in some cases is 24/7 or varying hours, that can respond to an immediate crisis. It's an alternative to emergency rooms. It helps to stabilize young people, keep them there, have them walk away with the treatment plan. And we're finding it has a very high effective rate, as far as having the child get their needs met and the family to have a plan in order to be able to move forward. And so far, they're established, three so far. One on its way throughout the state. Hopefully, two more. So we are addressing it throughout different parts of the state.
Thank you, Representative. Representative Dauphinais.
Mg/ak 146 Thank you for that answer, and thank you, Mr. Speaker. And just moving on to Section 20 and 21, both of which are going to require a study. Could the good chair just explain specifically what you're looking for in those studies and what you're hoping to achieve? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker, we also believe that this was a friendly request of our good members from across the aisle. So, this request is simply requiring in Section 20 that DCF and OCA study ways to improve DCF's policies and practices to ensure the immediate removal of a DCF out-of-home placement of any child, any child who is abused in or as a result of such out-of-home placement. And, again, those agencies must report the results to the children's committee, by way as well of the Oversight Committee, by January 1st, 2027. And Section 21 simply permits the Mg/ak 147 Department of Public Health to release information relating to an acknowledgment of parentage. And that's not necessarily a study, but it's just a very quick fix that was bipartisan in our committee that will allow for people to get their birth records in a more orderly fashion. Through you, sir.
Thank you. Representative Dauphinais.
Thank you, Mr. Speaker, and thank you for that answer. And then finally, on Section 23, if you could expand a little bit on that, because we know we heard testimony and where the impetus of this came from. We know that there was concerns from one of the individuals that testified about a child and concerns about being abused in the school, and her frustration with the particular DCF worker and how this final section came about. Through you, Mr. Speaker.
Mg/ak 148 Representative Paris.
Through you, Mr. Speaker. And I just want to give a gentle correction, if possible, that it is Section 22 and not 23. I just want to make sure that I'm not conflating what the good ranking member is asking. But simply, there was an issue in part of Connecticut where there was a family that experienced some challenges in terms of their assigned This would just require that the agency assign a new investigator to a case when it is the third accepted report of child abuse or neglect concerning that child or the child's sibling or any other child living in that house. So it could be fictive kin of that case, where any combination of these children might reside. Through you, sir.
Representative Dauphinais.
Mg/ak 149 Thank you, and thank you, Mr. Speaker. I appreciate that answer. And I just wanted to say overall, this bill we have spent a lot of time working on this bill, to improve accountability and transparency. And there was one other thing I believed that would be helpful. Mr. Speaker, the clerk has an amendment, it's LCO 5382. Would you please call it? I ask that you call it, the clerk call it, and I'd be allowed to summarize.
Will the clerk please call LCO 5382, which will be designated amendment scheduled B.
House Amendment Scheduled B, LCO Number 5382, offered by Representative Dauphinais, Representative Paris, et al.
The Representative seeks leave the chamber to summarize the amendment. Is there an objection to summarization? Is there an Mg/ak 150 objection? Hearing none, Representative Dauphinais, you may proceed with summarization.
Thank you so much, Mr. Speaker. And the summary to this amendment would be that for those individuals who were charged with or accused of or under probation or parole for injury to a child, and there's several different, a list here of those assaults on this amendment, that they would be followed if they were to be on probation or parole, and living in a home with minor children. That is really the summary of this. There's a procedure we put in here, but what we're trying to do is make sure that those children in the home of someone that is under probation or parole, there's continual monitoring of those children through the system. I'm hoping that this is a friendly amendment. I think that we have discussed this issue and what exactly we're looking for here to achieve, and I'm asking that it move adoption and that we take a roll call vote.
Mg/ak 151 Question for the chamber is adoption of House Amendment Scheduled B. Will you remark further on the amendment? Representative Paris?
Through you, Mr. Speaker. I appreciate the friendly amendment, as described by our good ranking member, and I would urge my colleagues on both sides of the aisle to adopt the friendly amendment, sir. Through you.
Representative Dauphinais.
If I could have a moment, please.
Yes. House stands at ease.
Mg/ak 152 Okay. Through you, Mr. Speaker, if I could withdraw that amendment and ask to call another amendment 5424, with regard to a technical fix. We could take a voice vote. Just withdraw the amendment. Withdraw the amendment.
The amendment has been withdrawn. Representative Dauphinais.
Mr. Speaker, the clerk has an amendment 5424. Would you please ask the clerk to call it, and I'd be allowed to summarize?
Yep. Will the clerk please call LCO 5424, which will be designated House Amendment Scheduled C.
Mg/ak 153 House Amendment Schedule C, LCO 5424, offered by Representative Dauphinais, Representative of Paris et al.
The Representative seeks to leave the chamber to summarize the amendment. Is there objection to summarization? Is there an objection? Hearing none. Representative Dauphinais, as you may proceed with summarization.
Thank you, Mr. Speaker. And this amendment is virtually identical to the First Amendment. It needed a technical fix, which was made. It's a friendly amendment, and I move adoption. And I ask that we take it by roll call. No. Voice vote. Excuse me.
Question for the chamber is adoption of House Amendment Scheduled C. Will you remark further on the amendment? Representative Paris. Mg/ak 154
Through you, Mr. Speaker. My previous statement still stands. I support this amendment. It is a friendly amendment. I asked that members of both sides of this aisle support this amendment. Urge adaption. Thanks, sir.
Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, is there objection to a voice vote? Comey.
Thank you so much, Mr. Speaker. I just have a quick question regarding the amendment here. While I do not have all the violations and statute memorized by number, I was just wondering. I did not hear exactly when people are released from prison or on probation, what are the violations that they would be under report, had to report. Thank you so much.
Mg/ak 155 Representative Dauphinais?
Through you, Mr. Speaker. Would the good Representative want me to read each one? Is that what she would like? Through you, Mr. Speaker.
Comey, Representative Comey.
Thank you, Mr. Speaker. I think that you could summarize, perhaps, and just which ones are highlighted. Through you.
Representative Dauphinais.
Mg/ak 156 Thank you, Mr. Speaker. And I will just try to breeze through them. How's that? Cruelty to persons, injury or risk of injury to or impairing morals of children, sale of children, abandonment of child under the age of six years, aggravated sexual assault of a minor Class A felony, promoting prostitution in the first degree Class B felony, enticing a minor penalties, obscenity as to minors Class D penalty, employing a minor in an obscene performance class a felony, promoting a minor in an obscene performance Class B felony, importing child sexual abuse material, Class B felony, possessing child sexual abuse material in the first degree, Class B felony, possessing child sexual abuse material in the second degree, Class C felony, possessing child sexual abuse material in third degree, Class D felony, commercial sexual exploitation of a minor Class C felony through you, Mr. Speaker.
Representative Comey.
Mg/ak 157 Thank you so much. Thank you to the good ranking member for answering the question. I appreciate it.
Will you remark further? If not, is there a rejection to a voice vote? Hearing none, I will try your minds. All those in favor, please signify by saying aye.
All opposed, nay. Ayes have it. And the amendment is adopted. (gavel) Representative Dauphinais.
Thank you, Mr. Speaker. And I just want to, again, thank the good chair for all of his work on this bill with me. I think we got a lot of good things accomplished, and I appreciate it. And I believe that there was deep sincerity here with regard to Mg/ak 158 trying to help the children of Connecticut with both accountability to them and transparency. I will be supporting this bill, and I encourage all my colleagues to do the same. Thank you.
Will you remark further on the bill as amended? Representative Kavros DeGraw.
Thank you so much, Mr. Speaker. It's nice to see you up there. Obviously, we have had quite a lot of conversation about the need for this bill in the last year or so. I think that it's actually probably decades overdue, based on some of the stories that I have heard going back decades. Our children are the most important thing to all of us, and the protection of those children is so critical, especially children who are in incredibly critical, especially children who are in incredibly vulnerable situations. Mg/ak 159 I am extremely grateful today to the children's committee, both sides of the aisle, for all of their input into this bill. And I appreciate that I had the opportunity to provide some input as well. I had a situation in my district with a child who was placed in my district in an emergency placement. After months, and it seems like, honestly, years of a situation in which he was not moved from a house that had hoarding, rats, black mold, and regardless of those complaints, the child had not been removed. And then finally, there was enough of a situation that there was an emergency placement made. It was bad enough that that was the situation on the one side with the child. But then on the adult side, once the emergency placement was made, the child only had two or three days' worth of clothes. So, of course, the parent had to go through the process of purchasing clothing, purchasing a winter coat, ensuring there were meals and snacks, and all of those things. They were now reimbursed for months on end for that, which is a hardship now on the family who has been good enough to do the foster family. And they are very, very committed to their foster son. Mg/ak 160 In addition to that, were not notified of the significant eating disorder and other mental challenges that this child faced, and were given no guidance whatsoever other than you can call 211. And 211 was shocked that DCF provided no guidance to that family on how they could be helped. And it goes on and on and on. And this is just one of many stories that I have heard from families over the last six years. And I think that there are some really critical pieces in this legislation today that will prevent future situations like this from happening. I think that, ultimately could also use a mentoring program for people who are currently fostering, or have fostered, to be able to mentor other foster families that are maybe just starting out on the journey. Because I can tell you, years ago, when we took in an international student, it was a very similar situation. It's like, well, she's yours now. And that is not what we should be doing for children who are in crisis, for children who have experienced trauma, for families who may not be in a place to be able to help that child effectively initially without additional resources. Again, I am so grateful, and I hope that all of our colleagues support this critical bill today because it is a first step in ensuring that Mg/ak 161 we are improving the lives of children and families that are encountering DCF and involved with DCF. Thank you so much for the time today, Mr. Speaker.
Thank you, Representative. Will you remark further on the amendment before us? Okay. Will you remark further on the bill as amended? Representative Sanchez from the 25th.
Thank you, Mr. Speaker. My first time. All right. I raised in strong support of this bill, because the tragedy happened in my neighborhood. It happened behind my house, and I know the family. And believe it or not, it happened on my mom's birthday, October 8th. And new birth still, grieving a child, and her name was, is Mimi Torres, whose life was stolen and whose absence went on unnoticed by the very system designed to protect her. Her story is not just heartbreaking. It's revealed where our system failed. It's hard for me to talk about this story. Welfare checks that failed at the most basic level, including a Mg/ak 162 video check where an adult was impersonating Mimi, who was already dead. She was already been killed. This bill, I hope, replaces assumptions with accountability. We cannot rely on appearances anymore, especially when a child life is at stake. We cannot bring Mimi back or all the children, but we can decide today that her story and others will not be repeated. I urge my colleagues to pass this bill, not just as legislation, but as a commitment to every child in the state of Connecticut. Thank you.
Will you remark further on this bill as amended? Representative Pizzuto of the 71st.
Thank you, Mr. Speaker. Just a couple of quick questions. My good chair and the ranking member were very comprehensive in their answers. And just for my own clarification, I'd like to ask a few questions through you, Mr. Speaker. Mg/ak 163
Thank you. To the good chair, on line 103, it talks about a temporary custodian. Does a temporary custodian need to receive a license similar to a licensed foster parent? And the reason I ask that is if that's the case, is it as rigorous to license as being a licensed foster parent? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker, that is not necessarily the policy as it stands today, but something that could be determined moving forward. Through you, sir.
Mg/ak 164 Thank you for that answer, sir.
Representative Pizzuto.
Through you, Mr. Speaker. Thank you. Line 144, it talks about temporary custodian having some vesting to make emergency medical decisions, including psychological ones, and treatment as a licensed -- is that the same as a licensed foster parent? Are they given that same authority? Through you, Mr. Speaker.
Representative Paris.
Through you, Mr. Speaker, it is all existing language, and so it is already currently in practice. And so, based on what is currently practiced, that would be the case. Through you, sir. Mg/ak 165
Representative Pizzuto.
Thank you, Mr. Speaker. Thank you to the good chairman, and I urge my colleagues on all sides of the aisle to support this bill. Thank you very much.
Will you remark further on the bill as amended? Representative Farrar from the 20th.
Thank you, Mr. Speaker. I rise in support of this bill today. I think, based on the comments of today's discussion, I was thinking about a quote that I found was from a real incredible international hero, Nelson Mandela, when he says that there can be no keener revelation of a society's soul than the way in which it treats its children. Mg/ak 166 How we treat, how we keep safe the children in the state of Connecticut is all of our responsibilities. That's why today's bill, House Bill 5004, is one action that we can take to make sure that the true safety of our children is at the forefront. I would argue for us to think clearly about how we can reduce the number of cases that our Department of Children, Families, and Services find themselves with. I know today, we are trying to address these areas of failures and also the supports that many families need. And let me be clear that for many families, 40% of our families who are struggling to make ends meet in our state of Connecticut right now, their insufficient income or resources is not a reason alone why there may be a case filed on them in DCF. But we know for our families that are under stress. Without the income and resources they need, it can attract the attention of DCF and increase stress even more in the family. That's why, beyond this bill before us, House Bill 5004, I hope that as a state, we continue to focus on not just the safety of our children, but making sure that every child in our state is fed. Every child in our state has stable housing. Every child in our state has access to high-quality education. Because Mg/ak 167 that's what every child and every family in our state truly deserves. Thank you, Mr. Speaker.
Will you remark further on the bill as amended? Representative Foster from the 57th.
Through you, Mr. Speaker, I rise in strong support of this legislation, and I want to thank the bipartisan leadership who have supported and shepherd this legislation through. And I want to thank the many people who work for the Department of Children and Families who are trying to work hard to make children within our state safe and well cared for, and address challenging situations that are before them every day. I want to thank particularly the leadership of this committee for considering Section 22. Section 22 was born out of concepts and ideas from our district. We had teachers and law enforcement officers who had engagement with the system on occasions where there would be significant repetition. Mg/ak 168 The Department of Children's and Families calls this chronicity. When a family has a lot of engagement with the system, and the cases are not substantiated in a way where there is intervention that decreases the number of calls that DCF is receiving on that family. This Section makes a simple change to current practice. It says that after three times of engagement with the system, that on that third call, a new caseworker worker and a new supervisor will engage with this family and see if fresh eyes might find different solution for that family in a situation. And what we've heard from a variety of people around the system, law enforcement, teachers, and some case workers who consulted on this is that there are times where fresh eyes might find newer opportunities to help families, to help children be safe and heal, and perhaps find a healthier way forward. I think as a mom, every time we have these conversations about child abuse and neglect, it is really hard and heavy work. And so I want to thank all of the people who have engaged with this process and put their hearts and minds and sanity on the line, as do the caseworkers in DCF all the time, because knowing Mg/ak 169 about child abuse and neglect is something that is hard and really important work. Somebody has to know. Somebody has to go through it. Somebody has to engage. And the children deserve better outcomes, and people had to lay their hearts bare. The department has to do that all the time to do this work well. But the legislators who navigated these challenging cases heard these hard stories. They really did important work for the state of Connecticut, and I'm grateful for them for doing that. And I hope that this bill is the first in many steps moving forward to a safer, more just world for the children of Connecticut. And I want to express my strong support and say good bill ought to pass.
Will you remark further on this bill as amended? Will you remark further on this bill as amended? If not, will staff and guests please come to the well of the house? Will the members please take your seats? The machine will be open.
Mg/ak 170 The House of Representatives is voting by roll. Members to the chamber. The House of Representatives is voting by roll. Members to the chamber.
Have all the members voted? Have all the members voted? Please check the board, weigh your decision. And if all the members have vote -- oh, boy. Take your time. It's okay. And here comes the chairman of the public safety committee. And if all the members have voted, I believe we can lock the machine, Mr. Clark. Please take and announce the tally.
House Bill 5004, as amended by House A and House C: Total number voting 149 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2 Mg/ak 171
Bill passed as amended. (gavel) If I could have the chamber's attention for a quick announcement, Representative Nuccio came back to my office, and I got to meet something that's pretty rare, someone from Connecticut who has won a silver medal at an Olympics. So I'm going to pass it to her to make a special announcement, introduction to the chamber.
Thank you, Mr. Speaker. Today, I have a very, very distinguished honor of introducing you all to a native son of my town. This is Patrick Helgren. He graduated from Tallinn in 2010. He went to school with my oldest daughter. And I asked her, I said, when I meet Patrick on the floor and introduce him to people, what should I say? And she said, the one thing I could say about Patrick and Lucas was that they were people's people who lived every single moment of their lives to the fullest. And I don't think I could explain it any differently. Patrick was in a motorcycle accident 2013, and he lost his leg. Mg/ak 172 And that would put most people down. And then three years later, he lost his twin to an accident in New Zealand. Overseas. That, combined with the motorcycle accident, would kill most people, and it didn't kill Patrick. My husband is a gym rat, I like to say. He goes to the gym four times a week. And he came home one day, and he was like, hey, do you remember that kid Ali went to school with that was in the accident, lost his leg? I said, yeah. And he goes, you know what? He's there every day. And when I talked to him, he said, I'm going to go to the Olympics, and I'm going to win a medal. And he said, if I know any person in the world that will do it, he's like, that kid will do it. Patrick went to the Paralympics in Milan, and he won a silver medal for the United States of America. I will say, growing up with a daughter who is a psychologist, she used to always say my accomplishments are mine. And when people tell me that they're proud of me, she goes, I understand that, but it's my accomplishment, and it's what I should be proud of. And I have absolutely no ownership over Patrick, but I cannot tell him exactly how truly honored it is to have him on this floor and how very, very proud I am of him for his Mg/ak 173 accomplishments and for being such an inspiration to all of us in representing not only the United States of America, but the town of Tallinn in the most honorable way possible. I am truly, truly your servant. (applause) Thank you, Mr. Speaker.
Thank you, Representative Nuccio. And more importantly, I was told that we're going to see him again in the 2030 Winter Olympics. That's correct. So we can watch out for him there. Thanks again for joining us today. (applause) We will give people a chance for announcement or introduction if they want to in this break. If not, we'll get to the next bill. We'll stand at ease. Representative Howard may proceed.
Thank you, Mr. Speaker. Mr. Speaker, as you know, I have a great honor representing three towns, including my hometown of Stonington. I also know that I spent much of the last 15 years of my life, 10 years, I guess, actively involved in coaching youth football. Mg/ak 174 And a lot of the young men that I had an opportunity to coach are now getting into graduation. And some of them, or one of them in particular, has completed enough credits that he was able to involve himself in internship. So he's been following me around through at the police department and here in the legislature doing research on bills, police policy, et cetera as part of his internship, before he heads to Curry College in Massachusetts, in the fall. So it is my honor to have my intern.
(gavel) Please.
Thank you, Mr. Speaker. It's my honor to have my intern, my former football player, back when he was in grade school. I got to watch him play off through high school as well. Joining me here today, Jack Boggan. Hope you all help me welcome him here. (applause) Thank you. Mg/ak 175
Anyone else for announcements? All right. Will the clerk please call Calendar Number 75? Standby. Will the clerk please call Calendar Number 75?
On page 49, Calendar 75 substitute for House Bill Number 5045, An Act Streamlining Healthcare Facility Approvals. Favorable report of public health.
Representative McCarthy Vahey, how are you? You have the floor.
Thank you very much, Mr. Speaker. It's good to see you up there. Mr. Speaker, I move for acceptance of the Joint Committee's favorable report and passage of the bill.
Mg/ak 176 Question for the chambers is acceptance of the Joint Committee's favorable report and passage of the bill. Representative McCarthy Vahey, you have the floor.
Thank you very much. Mr. Speaker, the clerk is in possession of an amendment LCO 5379. I ask that the amendment be called, and I be granted leave of the chamber to summarize.
Will the clerk please call LCO 5379, which will be designated House Amendment Scheduled A.
House Amendment Schedule A. LCO Number 5379, offered by Representative Ritter, Representative Rojas, et al.
The Representative seeks leave of the chamber to summarize the amendment. Is there an objection to summarization? Is there Mg/ak 177 an objection? Hearing none, Representative McCarthy Vahey, you may proceed with summarization.
Thank you very much. Mr. Speaker, the bill before us today regards what we all refer to as the certificate of need process. The certificate of need conversation has been happening in the public health committee for the past three years. We have been talking about this, and I want to share with you what this amendment does, and then to thank those who have been a part of this process to get us to this day. The certificate of need helps us to determine whether or not an application for a healthcare facility is in the public's best interest. And what it does is it considers the quality of care. It considers access to health care, including Medicaid access. It considers cost-effectiveness. It considers the promotion of financial stability of our healthcare system as a whole. It considers whether or not there is a duplication of services. Mg/ak 178 This amendment, excuse me, Mr. Speaker. This amendment addresses the certificate of need process. And what it does is it streamlines the application process, something that many of us here in this chamber and in the chamber upstairs, as well as our providers, have asked for. It furthermore establishes an expedited pathway for that application process. It establishes a panel with the change in what we will see in a future bill, with respect to the Office of Health Strategy as it moves over to the Department of Public Health. It will establish a panel to make the final decision regarding those applications rather than a single commissioner. It reforms the process for the termination of services and improves our ability to have communication and understanding of what is happening in facilities. It clarifies the definition of transfer of ownership or control. It adds reporting requirements for the purchase of all large group practices. And Mr. Speaker, what this will do is give us some insight into those practices and where they are landing and what kind of ownership we are seeing with those large group practices. This will help us to make decisions in the future. Mg/ak 179 It expands the ability to impose conditions on a certificate of need. And at the same time, it will create transparency in the process. Mr. Speaker, before I ask to move adoption, I want to just say a few thank yous, if I may. I want to thank all those who have been part of this very bipartisan, bicameral, and across our branches of government process. I want to thank specifically the leadership from OPM, DPH, and OHS, and give a special shout out to Charlotte Mueller and Boyd Jackson, who have led us in this conversation. I'd like to thank the Connecticut Hospital Association and all of the provider groups. I'm going to get in trouble if I start naming them, but from the medical society to our independent practices, to our insurers, to all those who have been part of this discussion, our caucus leadership, and their teams who have been incredible and really invaluable in this process, our nonpartisan leaders, our nonpartisan LCO attorneys, our OLR attorneys who have lived through this many, many iterations of this bill, many drafts of this bill over the past three years and this year in particular. And finally, Mr. Speaker, I would like to thank the members of the Public Health Committee team. Representative Klarides- Mg/ak 180 Ditria, the ranking member, has been an invaluable partner in this process, along with senators Anwar and Somers, and also the policy teams who have been involved in this. From Kimmy Grove to Molly O'Connor, Jared Pico, and Adam Johnson, I want to say thanks to all of them for helping to bring us here. We have had many, many robust conversations hours of meetings. And with that, Mr. Speaker, I move adoption.
The question before the chamber is adoption of House Amendment Scheduled A. Will you remark further on the amendment? Representative Klarides-Ditria.
Thank you, Mr. Speaker. I do have a couple comments and maybe one question or so to the good proponent of the bill.
You may. Mg/ak 181
Thank you, Mr. Speaker. Mr. Speaker, this process, as you heard, has been going on a long time. And the good chair, co- chair of the public health committee, and I talk often to stakeholders, and we ask them one simple question. When you're explaining something to us, please do it at a fourth-grade level. So what I'm going to do is I'm going to explain CON out of my eyes in a fourth-grade level. So everybody may be listening or in the gallery, can truly understand what it does. So we know the certificate of need process is a state approval process, and it's for providers that must go through. They must do this before expanding or getting rid of certain services. Put simply, as we like to say, it's like a fourth- grade classroom that's overflowing. And before you can open and go into another classroom, you have to fill out some forms. You have to get in line. You have to get permission. And that permission comes from one person, the superintendent of your school. Let's say that. Mg/ak 182 And then you have to pay a fee to then be able to move your classroom. And then by the time you're done, the long process, these fourth-grade kids are basically in fifth grade now because it takes that long. That's what certificate of need looks like currently in the state of Connecticut. Patients are waiting while the system catches up. That's why updating it today is so vitally important, so we can fix that problem, and it doesn't take people going from fourth grade to fifth grade to get a CON approval. Through you, Mr. Speaker, to the good proponent of the bill, will this bill here today streamline and shorten the CON process? Through you.
Representative McCarthy Vahey.
Thank you very much, Mr. Speaker. Mr. Speaker, the short answer is yes. Absolutely. I will add that with this effort, we are looking to very significantly have a maximum time that Mg/ak 183 really is now will be roughly the same as the current median time. So we really are looking at significant improvements. And again, I will take this opportunity to thank all of the stakeholders who participated in this process. As I say about this bill, I think everyone is happy. As you can see, we have really wonderful bipartisan support on the amendment, and everyone is slightly unhappy, which means there was a significant amount of compromise. But the answer to the good ranking member's question is yes. It will.
Representative Klarides-Ditria.
Thank you for that. And I just have a closing comment for you. Mr. Speaker, this bill, as you heard, has been three years plus in the making. Three years, countless hours upon hours of meetings, us schlepping up to the 5th Floor to have another meeting with the stakeholders. Mg/ak 184 And it reflects a real collaboration and the hard work that went into where we are today to get this over the finish line. I want to thank my policy staffer, Adam Johnson, for his hard work and always being by my side to get me through this process. I want to thank the minority leader, Vinnie Candelora, for his leadership, my good cochair, Cristin McCarthy Vahey, for hours of conversation on the way home from here to here via text, in bed, texting, calling, everything that we did, and the stakeholders that came out to the table. Mr. Speaker, in the immortal words of my father, Peter Klarides, he would say, sharpen your pencils. And that's what they did. They sharpen their pencils. And then, in my words, Mr. Speaker, I had said, let's all put on our big girl pants and get this done this year. Mr. Speaker, I urge adoption.
Will you remark further on this bill as amended? Representative Zupkus of the 89th. Good afternoon.
Mg/ak 185 Thank you, Mr. Speaker. And I just have one question for the good chair, please, through you.
Yes, ma'am.
Thank you. And I apologize if it has been asked. I was out of the room. In Section 11, when it talks about this working group, we know how important it is for all these stakeholders to be involved. And I'm curious, as will the same stakeholders, the CHA, all of these folks that were involved, will they be included in this working group? Through you, Mr. Speaker?
Representative McCarthy Vahey.
Thank you very much, Mr. Speaker. Mr. Speaker, I thank the good Representative for the question. And the short answer is Mg/ak 186 yes. And the longer answer is we in the public health committee may wish that some of our CON conversations were over forever, but we know that the ongoing conversations with the stakeholder groups will continue both here and we expect in the future in the committee beyond as well. Through you.
Representative Zupkus.
Thank you, Mr. Speaker, and thank the good chair for that. As the good chair knows, CON has been the top of my mind for a long time, as well as everyone else, and it's so important to have folks at the table and keep them at the table. So I just wanted to confirm that. Thank you, Mr. Speaker.
Will you remark further on this bill as amended? Will you remark further? If not, will staff and guests please come to the Mg/ak 187 well of the house? Members, please take your seats. The machine will be open.
The House of Representatives is voting by roll. Members to the chamber. The House of Representatives is voting by roll. Members to the chamber.
Members, please stay in the chamber. We're going to be voting on the bill. Please stay in the chamber. We'll be voting on the bill next. If all members voted, will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked, and the clerk will take the tally. The clerk, please announce the tally.
LCO 5379, designated House A: Total number voting 150 Mg/ak 188 Necessary for passage 76 Those voting Yea 149 Those voting Nay 1 Absent not voting 1
The amendment passes. (gavel) Stand at ease, please. Will you remark further on the bill as amended? Will you remark further on the bill as amended? If not, will staff and guest please come to well of the House. Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Mg/ak 189 Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked, and the Clerk will take the tally. The Clerk will please announce the tally.
House Bill 5045 as amended by House "A": Total number voting 150 Necessary for passage 76 Those voting Yea 149 Those voting Nay 1 Absent not voting 1
The bill as amended passes. (gavel) Will the Clerk please call Calendar No. 477? Mg/ak 190
Page 42, Calendar 477, House Bill No. 5583, AN ACT CONCERNING CONVEYANCE OF PARCELS OF STATE LAND IN THE TOWN OF DERBY. Favorable Report of Joint Standing Committee on Government Oversight.
Representative Osborne from the 16th, you have the floor.
Thank you, Mr. Speaker. I move for acceptance of the Joint Committee's Favorable Report and passage of the bill.
Question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor.
Mg/ak 191 Thank you, Mr. Speaker. This is several little pieces of parcels in the town of Derby. And Mr. Speaker, the Clerk has an amendment, which is LCO No. 4711. I would ask that the Clerk please call the amendment and that I be granted leave of chamber to summarize.
Will the Clerk please call LCO 4711, which will be designated House Amendment Schedule "A".
LCO 4711, designated House "A", and offered by Representatives Dathan and Senator Gadkar-Wilcox.
The Representative seeks leave of the chamber to summarize this amendment. Is there an objection to summarization? Is there an objection? Hearing none, Representative Osborne, you may proceed with summarization. Mg/ak 192
Thank you, Mr. Speaker. This is a fairly simple amendment that I think will be a welcome change to some people in the chamber. And that is specifically that instead of administrative costs, the cost for the purchase of this property, well, conveyance of this property will be at fair market value. In addition to that, it removed a section of the underlying bill which had some technical requirements because the Connecticut Municipal Development Authority is going to be the paying entity, and has simply removed specific provisions related to that. And I move adoption.
Question before the chamber is adoption of House Amendment Schedule "A". Will you remark further on the amendment? Representative Carney from the 23rd, you have the floor, sir.
Thank you very much, Mr. Speaker. I support the amendment, so I'll make some comments after we pass it. Mg/ak 193
Will you remark further on the bill, on the amendment? Will you remark further on the amendment? If not, is there an objection to a voice vote? Hearing none, I will try your minds. All those in favor, signify by saying aye. (MEMBERS): Aye.
All those opposed, nay. The ayes have it, and the amendment is adopted. (gavel) Will you remark further on this bill as amended? Representative Carney.
All right. Thank you very much, Mr. Speaker. No questions for the good proponent of the bill. This is a good bill now that the amendment has passed as it now needs to be sold for fair market value. And hopefully, it will provide some economic Mg/ak 194 development to the City of Derby. So, I encourage my colleagues to support this conveyance.
Will you remark further on the amendment before us? Representative Rochelle from the 104.
Thank you, Mr. Speaker. I rise in strong support of this bill. This is a series of parcels of lands related to the Route 34 widening project in Downtown Derby on Main Street. Now that the state investment into this widening has been completed, all of these parcels of land can be conveyed back for economic development. Derby is an economically distressed municipality, and the downtown development is critical to the economic success of the city going forward. So, this step is a pivotal step in the quest for further economic stability for the community. And I'm particularly pleased that the Connecticut Municipal Development Authority will be taking the lead and taking the reins. You know, Mg/ak 195 otherwise, this money would be coming out of Derby's taxpayers' pockets. We are so pleased that the legislative body in Derby opted into CMDA and that CMDA will be helping out with this so that we can move Derby forward. Thank you.
Will you remark further on the bill as amended? Representative Klarides- Ditria from the 105th.
Thank you, Mr. Speaker. I just have a few comments to the proponent of the bill.
As you know, I represent the 105th District, which is parts of Derby, and I share it with three other people. And some of you may not know that Derby is the smallest city in the State of Mg/ak 196 Connecticut, but it's a mighty city, and we're very proud of it. And this piece of legislation, this land conveyance will have significant potential for downtown development for our small city of Derby, and it will help with comprehensive and productive redevelopment, and it will maximize economic development for our lovely city of Derby. So, I encourage adoption. Thank you, Mr. Speaker.
Will you remark further on the bill as amended? Representative Welander from the 114.
Thank you, Mr. Speaker. I couldn't let the entire delegation of the House of Derby speak and not join them. I also am just lending my support to this proposal. I think that Derby has done an immense amount of work over the last few years to really move the city forward, and really welcoming the heart of the Housatonic Valley and the Naugatuck Valley, making it just a little bit nicer for everyone. Mg/ak 197 And so, I am greatly appreciative of the efforts that have been put into making this happen and urge my colleagues to support it. Derby has a lot of heart, and it also has a lot of potential, and this really brings it to the next step. Thank you, Mr. Speaker.
Will you remark further on the bill as amended? Will you remark further? If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is Mg/ak 198 properly cast? If all members have voted, the machine will be locked, and the Clerk will take a tally. The Clerk will please announce the tally.
House Bill 5583 as amended by House "A": Total number voting 150 Necessary for passage 76 Those voting Yea 150 Those voting Nay 0 Absent not voting 1
The bill as amended passes. (gavel) Will the Clerk please call Calendar No. 449?
Mg/ak 199 On page 36, Calendar 449, House Bill No. 5574, AN ACT AMENDING A CONVEYANCE OF A PARCEL OF STATE LAND TO THE TOWN OF HAMDEN. Favorable Report of Government Oversight.
Representative Osborne, you have the floor. Push the button
Thank you, Mr. Speaker. I move for acceptance to the Joint Favorable Committee's Report and passage of the bill.
Question before the chamber is acceptance of Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor.
Thank you, Mr. Speaker. And this is a prior conveyance that we all did last year. And this is the thank you very much, may we have a little more time, please, amendment. It is a very Mg/ak 200 simple amendment to this prior conveyance that simply extends the time in which the town of Hamden would have to complete this conveyance by six months. And I move adoption.
Question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor. Oh, no. Will you remark further on this bill? Representative Carney.
All right. Thank you very much, Mr. Speaker. This conveyance, I think the legislature has seen this several years now. And it is, as the good proponent said, extending it out. It's actually extending it out a year. And hopefully, they will do something this year and maybe won't have to do it next year. All right. Thank you very much, Mr. Speaker. And I have no problems with the conveyance.
Mg/ak 201 Will you remark further on this bill? Will you remark further on this bill? If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all members voted? Have all members voted? Could the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked, and the Clerk will call the tally. Please announce the tally, Clerk.
House Bill 5574: Total number voting 149 Mg/ak 202 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2
Bill passes. (gavel) Will the Clerk please call Calendar No. 452?
Page 36, Calendar 452, substitute for House Bill No. 5578, AN ACT AMENDING A CONVEYANCE OF A PARCEL OF STATE LAND TO THE CHESPROCOTT HEALTH DISTRICT. Favorable Report of Government Oversight.
Representative Gucker.
Mg/ak 203 Thank you, Mr. Speaker. I move for the acceptance of the Joint Committee's Favorable Report and passage of the bill.
The question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. Representative Gucker, you have the floor.
Mr. Speaker, the Clerk has an amendment, LCO 4693. I would ask the Clerk to please call the amendment, and I would be granted leave of the chamber to summarize.
Will the Clerk please call LCO 4693, which will be designated House Amendment Schedule "A"?
House Amendment Schedule "A", LCO No. 4693, offered by Representative Dathan, Senator Gadkar-Wilcox et al. Mg/ak 204
The Representative seeks leave of the chamber to summarize the amendment. Is there objection to summarization? Is there objection? Hearing none, Representative Gucker, you may proceed with summarization.
Thank you, Mr. Speaker. Basically, with this amendment, we are now changing things to whether if there's a sale for this property, it will be for fair market value, which should be very happy for all. Sorry. I move for adoption.
Question before the chamber is adoption of House Amendment Schedule "A". Will you remark further on the amendment? Representative Carney, you have the floor.
Thank you very much, Mr. Speaker. This amendment cleans up the conveyance. There was some opposition to this in committee, Mg/ak 205 but it appears that those issues have been worked out so that the conveyance complies with local zoning laws and regulations. And as the good vice chair said, will now be for fair market value. So, I encourage my colleagues to support the amendment.
Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, is there objection to a voice vote? Hearing none, I will try your minds. All those in favor, please signify by saying aye. (MEMBERS): Aye.
All those opposed, nay. The ayes have it, and amendment is adopted. Will you remark further on this bill as amended? Representative Gucker.
Mg/ak 206 Good bill, ought to pass. Thank you, Mr. Speaker.
Will you remark further on this bill as amended? If not, will staff and guests please come to the well of the House? Will the members please take your seat? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all members voted? Have all members voted? Have all members voted? Have all the members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked and the Clerk will take the tally. The Clerk will please announce the tally. Mg/ak 207
House Bill 5578 as amended by House "A": Total number voting 149 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2
The bill passes as amended. Representative Lemar with the greatest announcement in the world.
Good evening, Mr. Speaker. Mr. Speaker, I rise for purpose of announcement.
You may. Mg/ak 208
Thank you, Mr. Speaker. Mr. Speaker, I'm so conveniently joined right now by the speaker of the House, the great Majority Leader of the House, and the Majority Leader of the Senate to wish my daughter a very happy 9th birthday. (applause) Got to get everyone in the camera. Nisha, I'm so sorry I can't be home tonight to celebrate with you. We'll go out tomorrow night. The restaurant of choice is yours. And I'll see you tonight. Good night, my love. Happy birthday.
Buy whatever you want with dad. Will the Clerk please call Calendar No. 474?
Page 41, Calendar 474, substitute for House Bill No. 5579, AN ACT AMENDING A CONVEYANCE OF PARCELS OF STATE LAND TO THE TOWN OF CHESHIRE. Favorable Report of Government Oversight.
Mg/ak 209 Representative Gucker, you have the floor.
Thank you, Mr. Speaker. I move for the acceptance of Joint Committee's Favorable Report and passage of the bill.
Question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. Representative Gucker, you have the floor.
Thank you, Mr. Speaker. Basically, what we're changing here is we're expanding the allowable use for this property from an existing conveyance to allow for economic development, medical facility, open space preservation. And the bonus being that the parcel will be sold for fair market value with the proceeds of that sale going to the special transportation fund. I move for acceptance. Mg/ak 210
Will you remark further on this bill? Representative Carney.
Thank you very much, Mr. Speaker. Just one question, through you, to the vice chair of Government Oversight.
Could the vice chair just show me where the change was made for fair market value as opposed to administrative costs? Through you, Mr. Speaker.
Representative Gucker. Mg/ak 211
Thank you, Mr. Speaker. Give me one second. Where is it in here? Thank you, Mr. Speaker. The appraised language already allows for upgrades as needed.
Representative Carney.
Okay. No, I appreciate --
Sorry, I'm trying to find the rest --
All righty. Hold on.
Ask for a moment of leave, please. We'll stand at ease. Mg/ak 212
Stand at ease.
Mr. Speaker.
Representative Gucker.
My correction. The appraisal value of the property has not been prepared yet. We'll indicate the estimated value. It's for administrative costs, the estimated value of $2,948,833 in 2019.
Representative Carney?
Mg/ak 213 And being that it's for open space, they're conveying it for administrative costs.
Now Representative Carney.
Okay. No, I appreciate the good vice chair's clarification of that. This did not receive any opposition in committee. So, I would encourage my colleagues to support this conveyance. Thank you very much, Mr. Speaker.
Further on this bill? Will you remark further on this bill? If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
Mg/ak 214 The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Will you remark further on this bill? Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked. Clerk will take the tally. Will the Clerk please announce the tally?
House Bill 5579: Total number voting 149 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2 Mg/ak 215
The bill passes. (gavel) Will the Clerk please call Calendar No. 450?
Page 36, Calendar 450, substitute for House Bill No. 5575, AN ACT CONVEYING A PARCEL OF STATE LAND TO THE CITY OF SHELTON. Favorable Report of Government Oversight.
Representative Osborne, you have the floor.
And thank you, Mr. Speaker. I move for acceptance of the Joint Committee's Favorable Report and passage of the bill.
Mg/ak 216 The question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor.
Thank you, Mr. Speaker. This is a parcel of land in the City of Shelton with 6.49 acres. It is being conveyed for the cost of $350,000 plus administrative costs. And as a result of the committee process, there is also a DEEP easement being retained for purpose of monitoring the wells and an adjacent landfill. And I move adoption.
Will you remark further on this bill? Representative Carney.
Thank you very much, Mr. Speaker. I just rise in support of this conveyance. There was no opposition to it in committee. And it will allow the City of Shelton to use this property for Mg/ak 217 recreational use and expand local public space. So, I encourage my colleagues to support this conveyance. Thank you very much, Mr. Speaker.
Will you remark further on this bill? Will you remark further on this bill? If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be Mg/ak 218 locked and the Clerk will take a tally. The Clerk, please announce the tally.
House Bill 5575: Total number voting 149 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2
(gavel) The bill passes. Will the Clerk please call Calendar No. 451?
Mg/ak 219 On page 36, Calendar 451, substitute for House Bill No. 5577, AN ACT AMENDING A CONVEYANCE OF A PARCEL OF LAND TO THE TOWN OF SOMERS. Favorable Report of Government Oversight.
Representative Osborne. Representative Osborne.
Mr. Speaker, we're going to PT this bill and move on to the next one on the Calendar while we work out just one little curve left off.
Somebody else is going to.
Mg/ak 220 Stand at ease. Go back. Representative Rojas.
Thank you, Mr. Speaker. I move we pass this bill temporarily.
Bill passes temporarily. (gavel) House will stand at ease. Will the Clerk please call Calendar No. 447? Stand at ease. House will come back to order. Will the Clerk please call Calendar No. 447?
On page 36, Calendar 447, House Bill No. 5572, AN ACT CONVEYING A PARCEL OF STATE LAND TO THE TOWN OF WOODBURY. Favorable Report of Government Oversight.
Representative Osborne. Mg/ak 221
Thank you, Mr. Speaker. I move for acceptance of the Joint Committee's Favorable Report and passage of the bill.
Question before the chamber is acceptance of Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor.
Thank you, Mr. Speaker. This is a conveyance in the town of Woodbury. And I have, or the Clerk has in his possession an amendment, LCO No. 4714. I would ask that the Clerk please call the amendment and that I be granted leave of chamber to summarize.
Will the Clerk please call LCO 4714, which will be designated House Amendment Schedule "A". Mg/ak 222
House Amendment Schedule "A", LCO No. 4714, offered by Representative Dathan, Senator Gadkar-Wilcox.
The Representative seeks leave of chamber to summarize the amendment. Is there objection to summarization? Is there objection to summarization? Hearing none, Representative Osborne, you may proceed with summarization.
Thank you, Mr. Speaker. Now, this is a small parcel of land in the town of Woodbury which has been used for purposes of veteran war memorial in the past and monument. And the amendment to the underlying bill simply provides that the precise size and area of the parcel to be conveyed shall be determined by the Commissioner of Transportation. And I move adoption.
Mg/ak 223 Question before the chamber is adoption of House Amendment Schedule "A". Will you remark further on the amendment? Representative Carney.
Pass the amendment, then I'll have a comment or two.
Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, is there an objection to a voice vote? Hearing none, I will try your minds. All those in favor, please signify by saying aye. (MEMBERS): Aye.
All those opposed, nay. The ayes have it, and the amendment is adopted. (gavel) Will you remark further on this bill as amended? Representative Carney. Mg/ak 224
Thank you very much, Mr. Speaker. And I do want to thank the Government Oversight Committee for passing this conveyance. It's a very good conveyance. We heard a ton of testimony in support because it'll be used as a commemorative memorial green. And I want to thank the State Representative from Woodbury for bringing this to us, and I look forward to passing it. Thank you very much, Mr. Speaker.
Will you remark further on the bill as amended? Representative Reddington-Hughes from the 66th.
Through you, Mr. Speaker. I just wanted to make a comment. This is really going to help the town of Woodbury. They have maintained this soldiers Memorial Green for over 100 years now. It has a central obelisk that is really representing the grief and the pride of the soldiers and the lives that have been lost through the various wars. Mg/ak 225 It was dedicated in 1871, and the residents really are looking forward to making this a beautiful green by putting in pollinator flowers and celebrating the 250th by doing red, white, and blue. So, I thank all of the good people on the committee that have really helped to make this happen. And the town of Woodbury will be very, very grateful and thankful. Thank you.
Will you remark further on the bill as amended? Will you remark further on the bill as amended? If not, will staff and guests please come to well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Mg/ak 226 Standby. I pressed the lock button by mistake.
I do it all the time.
Ladies and gentlemen, let's give a round of applause to Kyle Woll for fixing our machine. (applause) Kyle Woll, ladies and gentlemen. All right.
The vote is open to revote. The vote is open to revote. Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked, and the Clerk will take the tally. Please announce the tally.
House Bill 5572 as amended by House "A": Mg/ak 227 Total number voting 149 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2
The bill as amended passes. It's good to see everybody in here. Will the Clerk please call Calendar No. 451?
On page 36, Calendar 451, substitute for House Bill No. 5577, AN ACT AMENDING A CONVEYANCE OF A PARCEL OF LAND TO THE TOWN OF SOMERS. Favorable Report of Government Oversight.
Representative Osborne. Mg/ak 228
Thank you, Mr. Speaker. I move for acceptance of the Joint Committee's Favorable Report and passage of this bill.
Question before the chamber is acceptance of Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor.
Thank you, Mr. Speaker. Now, this is the amendment of a prior conveyance. And what it does, Mr. Speaker, is amend the prior conveyance requiring fair market value and substitutes administrative cost only. However, it also adds a restriction to the intended use of the parcel to limit it to certain purposes, including public safety. And there is a reverter to the state if it is used incorrectly. And I move adoption of the bill.
Mg/ak 229 Question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. No. Will you remark further? Representative Carney.
Thank you very much, Mr. Speaker. This is a good conveyance. This will allow the town of Somers to improve their public safety operations and help those in need in Somers and around the region. So, I would encourage folks to support this conveyance. Thank you very much, Mr. Speaker.
Will you remark further? Representative Canino of the 65th? No. Will you remark further on this bill?
I move adoption.
Mg/ak 230 If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Have all members voted? Have all members voted? Would the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked, and the Clerk will take the tally. The Clerk will please announce the tally.
House Bill 5577: Total number voting 149 Mg/ak 231 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2
(gavel) The bill passes. Representative Gucker for an announcement.
Thank you, Mr. Speaker. I rise for an introduction. We know that we spend a lot of hours up here, and we know we're spending way too much time when our family members come up to find us. And we don't know that they're coming, but they come up to say hello. I would love to introduce my much younger sister, Dawn Miles, who is up here with the nurses and also with Nuvance for, I guess, what, a few more hours before they become a new Mg/ak 232 hospital, and her coworker, Rachel Cipani. They work with the community health department. I would love to give a round of applause and a warm welcome to the House of Representatives. (applause)
Welcome. Thank you. Will the Clerk please call Calendar No. 448?
Page 36, Calendar 448, substitute for House Bill No. 5573, AN ACT CONVEYING A PARCEL OF STATE LAND TO THE CITY OF TORRINGTON. Favorable report of Government Oversight.
Representative Osborne.
Thank you, Mr. Speaker. I move acceptance of the Joint Committee's Favorable Report and passage of the bill. Mg/ak 233
Question before the chamber is acceptance of the Joint Committee's Favorable Report and passage of the bill. Representative Osborne, you have the floor.
Thank you, Mr. Speaker. This is a small parcel of land in the city of Torrington. And there is an amendment, which is LCO No. 4964. And I cannot find my amendment script. There we go. And I ask that I be granted leave of the chamber to summarize. I ask that you also call the amendment before I summarize it.
Will the Clerk please call LCO 4964, which will be designated House Amendment Schedule "A".
House Amendment Schedule "A", LCO No. 4964 offered by Representative Dathan, Senator Gadkar-Wilcox. Mg/ak 234
The Representative seeks leave of the chamber to summarize the amendment. Is there an objection to summarization? Is there an objection to summarization? Hearing none, Representative Osborne, you may proceed with summarization.
Thank you, Mr. Speaker. This is a three-word amendment. And actually, two words amendment. And the purpose here, Mr. Speaker, is that there is going to be the addition of this property to the city of Torrington for the purposes of open space for recreational purposes. And the amendment simply inserts the word 'open space and' before the word relocating, and it adds two other lines as well. The purpose of this conveyance, which will be at administrative costs with a reverter to the state is simply for the trail usage in the city of Torrington. And I move adoption.
Mg/ak 235 Question before chamber is adoption of House Amendment Schedule "A". Will you remark further on the amendment? Representative Carney.
Thank you very much, Mr. Speaker. I'll reserve a comment after the amendment passes.
Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, is there an objection to a voice vote? Hearing none, I will try your minds. All those in favor, please signify by saying aye. (MEMBERS): Aye.
Mg/ak 236 All those opposed, nay. The ayes have it, and the amendment is adopted. Will you remark further on the bill as amended? Representative Carney.
Thank you very much, Mr. Speaker. Good conveyance, ought to pass.
Okay. Will you remark further on the bill as amended? If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Mg/ak 237 Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked. The Clerk will take the tally. Will the Clerk please announce the tally?
House Bill 5573 as amended by House "A": Total number voting 149 Necessary for passage 75 Those voting Yea 149 Those voting Nay 0 Absent not voting 2
The bill as amended passes. (gavel) The House will stand at ease. Will the Clerk please call Calendar No. 455? Mg/ak 238
On page 37, Calendar 455, substitute for Senate Bill No. 37 as amended by Senate "A" and Senate "B", AN ACT CONCERNING DEMOCRACY AND GOVERNMENT ACCOUNTABILITY. Favorable report of Judiciary.
Representative Stafstrom.
Mr. Speaker, I move for acceptance of Joint Committee's Favorable Report and passage of the bill as amended by Senate "A" and Senate "B" in concurrence with the Senate.
Question before the chamber is acceptance of Joint Committee's Favorable Report and passage of the bill. Representative Stafstrom, you have the floor.
Mg/ak 239 Thank you, Mr. Speaker. Mr. Speaker, a 19-year-old student in Cheshire was pulled from the life he was building. A nursing student at Southern Connecticut State University was seized before she could finish her degree. A high school student in Meriden was taken from his family and transported to Texas for six months. These are not abstractions, Mr. Speaker. These are headlines directly from the newspapers of our state. These are our neighbors, our constituents, and the people who sit behind us in church pews, hospitals, waiting rooms, and school cafeterias. Today, this chamber has an opportunity, and I would submit an obligation to act. The bill before us is not a statement of partisan preference. It is a measured, constitutionally grounded response to an unprecedented breakdown in federal accountability. Since May of 2025, immigration and customs agents have conducted a campaign of fear across this country, operating with masked faces, without adequate training, and with a reckless disregard for the constitutional rights of the people they encounter. The question before this chamber is simple. Will we stand by and watch, or will we use the power this state's constitution Mg/ak 240 vests in us to protect the people of Connecticut? Mr. Speaker, let me walk through what the bill before us does. First, Senate Bill 397 creates a private right of action in state court that allows any person in Connecticut to sue federal government actors who violate their constitutional rights. Today, there's a gap in our law. While Section 1983 of the Federal Civil Rights Act permits such suits against state and local officials, no equivalent federal remedy reliably reaches federal agents who trample civil liberties. This bill closes that gap. Second, this bill clarifies that our inspector general has clear and unrestricted authority to investigate the unauthorized use of deadly force by state, local, and certain federal agents, to access the crime scene when force results in death. Third, this bill addresses a practice that has shocked communities across this state and this nation. Law enforcement officers conducting operations while wearing masks and refusing to identify themselves in making arrests. Fourth, building on the framework we established as a legislature during the 2025 special session for courthouses, Mg/ak 241 courthouses, and houses of worship will be shielded from civil immigration arrests unless a law enforcement officer presents a signed judicial warrant. We've heard around the state from Danbury to Hartford, to Stamford where a window was broken. The parents are afraid to bring their children to the doctor. The families are afraid to appear for their own court date, and that congregants are afraid to enter their houses of worship. The federal government had a policy against ICE action in these sensitive locations, but they have repealed it without cause and without explanation. Fifth, this bill establishes a training floor. No law enforcement officer may serve as a police officer in Connecticut with fewer than 480 hours of training. Federal ICE agents receive roughly 376 hours. We would not permit an untrained electrician to wire a building in the state, so why are we permitting untrained officers to conduct arrests? Finally, Mr. Speaker, this bill regulates automatic license plate reader technologies. It strikes a balance by permitting the use of these systems for plates on an active hot list, but Mg/ak 242 caps retention of data, that's our data as we are driving around the state, at 21 days absent an ongoing criminal investigation. Mr. Speaker, let me wrap by saying this legislation received extraordinary support in the committee. Nearly 300 pieces of written testimony were submitted, and 166 speakers testified during a 12 and a half hour public hearing before the Judiciary Committee. There was almost no negative testimony on this bill. The bill was endorsed by religious institution, advocacy organizations, and community leaders from every corner of our state. The families in our communities are watching. They're watching to see whether we will use the power we have as a chamber to protect them when the federal government will not. A parent should not have to choose between taking a sick child to the doctor and risking deportation. A student should not have to wonder if today will be the day they are ripped from the classroom. A witness to a crime should not be afraid to enter a courthouse. I urge the chamber to support the bill.
Mg/ak 243 Will you remark further on the bill? Representative Fishbein from the 90th. You have the floor, sir.
Thank you, Mr. Speaker. Thank you, Mr. Speaker. Mr. Speaker, as an aside, I've been ill over the last two weeks. I've been coughing. It's not a cold. It's a physical thing. Haven't drank coffee in two weeks. And I got to tell you, I did get a cup of coffee, and this stuff's pretty good. I feel a lot better. So, I just appreciate coffee here today.
I'm glad you're feeling better, sir.
Mr. Speaker, we're going to talk a lot about the constitution this evening. You know, everybody loves the constitution, just up until the point that it says no. The legislations before us, various points are, I'm going to say, Mg/ak 244 unconstitutional. But any action by the legislature is deemed to be constitutional until found unconstitutional by our courts. You know, that recently happened, actually. 2017, I came up here and I voted on a piece of legislation, voted against that piece of legislation. And I said at the time that that legislation was unconstitutional. And it took a lot of hits for my vote. And about a month ago, the US Supreme Court actually said that a very similar law that was passed in Colorado, unconstitutional. I see the same happening with many pieces of the legislations before us here today. In fact, Massachusetts, I believe, recently passed legislation just like this, and the federal government sued them just this week. I expect that's going to happen here as well. It's an election year, Mr. Speaker, which brings me to a question, more like a riddle, if I may, to the proponent of the bill.
Yes, sir. Mg/ak 245
How is the US Constitution similar to a gym membership? Through you, Mr. Speaker.
Representative Stafstrom.
I'll take the bait, Mr. Speaker. How is the US Constitution similar to a gym membership, Mr. Speaker?
Representative Fishbein.
Thank you, Mr. Speaker. To most politicians, they are generally the same. Proud to claim that they have one, yet they only use it when it is convenient. Mr. Speaker, if we could go through the bill section by section, I do have some comments in Mg/ak 246 response to what the chairman will present to the body. But I think it's important if we know section by section what the bill before us actually does. So, my next question would be, through you, Mr. Speaker, what does Section 1 do?
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, if I could, I'm going to address Section 1 and 2 together since they're related. But Sections 1 and 2 of this bill revolve around actions for civil rights violations. Generally, what these sections do is they create an individual cause of action against a federal or state officer or employee for alleged civil rights violations. As I said in the opening, what this is intended to do is essentially to act as a state version of what's sometimes referred to as a 1983 action, which is the clause within the Federal Civil Rights Act that is available to citizens against state and local actors, but is not available against a federal Mg/ak 247 actor. This would extend that civil cause of action against federal actors. Through you, Mr. Speaker.
Representative Fishbein.
Thank you, Mr. Speaker. Mr. Speaker, in particular, in Section 1, I believe it is line 21, that general area has to do with a civil action and attorney's fees. And it appears to give the court discretion as to determining whether or not attorney's fees would be awarded. And I think it's important, for legislative intent, that we know what the term special circumstances is as stated in line 21 that is undefined in our statutes, through you.
Representative Stafstrom.
Mg/ak 248 Thank you, Mr. Speaker. The way I read this circumstance is essentially it's a presumption that attorney's fees would generally be awarded, but that the court may deviate from that presumption where it deems there to be special circumstances or something unique about the case that would render the award of attorney's fees to be unjust in that particular case. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And what's the burden of proof under this new special circumstances clause or term, through you, Mr. Speaker?
Representative Stafstrom.
Mg/ak 249 Well, Mr. Speaker, as I said, I think it's a rebuttable presumption that attorney's fees would be awarded. This is a civil action. So, I would say that it's essentially burden shifting where it is incumbent upon the defendant in the case to prove that the award of attorney's fees would be unjust. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. If I could just know in that paragraph, it's only four lines long, where unjust appears. Through you, Mr. Speaker.
Representative Stafstrom.
The end of line 21, Mr. Speaker. Mg/ak 250
Representative Fishbein.
Thank you, Mr. Speaker. And that's having to do with the award itself. But the special circumstances, am I to understand the legislature is not giving any guidance to our courts with regard to apply that standard, through you, Mr. Speaker?
Representative Stafstrom.
No, Mr. Speaker. I wouldn't agree with that. Like I said, I think the way I read this is a rebuttable presumption that attorney's fees should be awarded unless the court determines there is some unique or special circumstance that would deem the award of attorney's fees unjust in that case. Mg/ak 251 I don't exactly have a hypothetical in front of me for that, but I think we are giving the court some discretion to deviate from a presumption of attorney's fees. As the ranking member well knows, I'm a big proponent of allowing some flexibility to our judges on a case-by-case basis. And I think that's what we've embedded here. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. I just question the undefined term. With no guidance, it just lies there, so one can assert special circumstances. We're not telling the court how to apply it, nor the defendant. Mr. Speaker, moving on to lines 31 through 32, that has to do with waiver of sovereign immunity. Now, how does that work in conjunction with Sections 1 and 2, through you, Mr. Speaker?
Mg/ak 252 Representative Stafstrom.
Mr. Speaker, this is with respect to a claim that may be asserted against the state under this state civil rights violation claim. And the way I read this is we are not waiving sovereign immunity to proceed directly to court. So, an individual who wanted to bring a claim under Section 1 against a state actor would need to first avail themselves of the claim's commission process before proceeding to superior court. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. Am I to understand that any claim under Section 1 would have to go through the claim's commissioner? Through you, Mr. Speaker. Mg/ak 253
Representative Stafstrom?
Only claims brought against the state actor. Through you, Mr. Speaker.
Representative Fishbein.
Thank you, Mr. Speaker. Moving on to Section 3. What does Section 3 do? Through you, Mr. Speaker.
Representative Stafstrom.
Mg/ak 254 Thank you, Mr. Speaker. Sections 3, 4, and 5 generally relate to the powers and duties of the inspector general and use of force investigations that are conducted by that office. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And how do they work in conjunction with our current law, through you, Mr. Speaker?
Representative Stafstrom.
Mr. Speaker, I think the biggest effect is the redefinition of the term peace officer to include federal law enforcement officers within the definition of peace officer, which would allow the inspector general's office the authority to Mg/ak 255 investigate a use of deadly force, or sorry, I should say use of force that results in death case against a federal law enforcement officer in the same manner that the inspector general currently investigates those cases with respect to local or state police. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. Moving on to Section 6. What does Section 6 do, through you, Mr. Speaker?
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, Section 6 generally relates to peace officers needing to identify themselves by badge and tag number. Again, we generally already have this Mg/ak 256 requirement in place for local and state police based on the police accountability legislation we passed a few years ago. But this also includes provisions with respect to the wearing of a mask. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And Mr. Speaker, what if the officer has their name and their identifying number on their mask? Through you, Mr. Speaker, would that be permissible under this language?
Representative Stafstrom?
Through you, Mr. Speaker, no. Under our police accountability legislation that we passed a few years ago, I Mg/ak 257 believe, the name needs to be prominently placed on the chest or vest of the officer unless the person meets certain exemptions that are embedded into that legislation. We're not changing that through this legislation. Through you, Mr. Speaker.
Representative Fishbein.
Thank you, Mr. Speaker. And what is the intent of that provision? I would think that is to identify the officer, the reference to the other legislation? Through you, Mr. Speaker.
Representative Stafstrom.
Mr. Speaker, if I understand the question, it's with respect to what was the purpose of the provision related to identification in the police accountability bill from a few Mg/ak 258 years ago. The idea was to make sure that an officer was ratifiably identified as an officer when effectuating an arrest and also that the officer's name and badge number were available to view. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. So, it seem to meet the intent of both this legislation and the police accountability bill if the mask had the name of the individual as well as their number. And for that reason, Mr. Speaker, the Clerk is in possession of an amendment. It's LCO 4710. I ask that the Clerk call the amendment and I be given leave to summarize.
Will the Clerk please call LCO 4710, which will be designated House Amendment Schedule "A". Mg/ak 259
House Amendment Schedule "A", LCO No. 4710, offered by Representative Fishbein, Representative Howard.
The Representative seeks leave of the chamber to summarize the amendment. Is there an objection to summarization? Is there objection? Hearing none, Representative Fishbein, you may proceed with summarization.
Thank you, Mr. Speaker. Mr. Speaker, we've heard a need, a want through this legislation to have officers identify themselves, yet to preclude them to wear masks. There are exceptions, Mr. Speaker, in Section 6(b) where a peace officer can wear a mask. All the amendment does, Mr. Speaker, is it adds an additional exception. It allows the officer to wear a mask if they have a facial covering that clearly displays the officer's name and badge number on the outside of such facial covering. Mr. Speaker, I Mg/ak 260 move the amendment. I ask that when the vote be taken, that it be taken by roll. Thank you, Mr. Speaker.
Question before the chamber is adoption of House Amendment Schedule "A". Will you remark further on the amendment? Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, I rise in opposition to the amendment, ask my colleagues to vote against it. I think this is an unnecessary exception to the mask provisions that are contained in this legislation. As I mentioned, we already require certain labeling of badge and ID requirements through the police accountability legislation. I believe that's sufficient. So, I'd ask my colleagues to oppose this amendment. Thank you.
Mg/ak 261 Will you remark further on the amendment before us? Representative Pavalock-D'Amato, you have the floor, ma'am.
Thank you, Mr. Speaker. I am not able to find the amendment in the system. I was wondering if the proponent of the amendment could briefly go over once again what the amendment includes. Through you.
Representative Fishbein.
Yes. Thank you, Mr. Speaker. Mr. Speaker, Section 6 of the legislation prohibits a peace officer from wearing a mask. However, it does provide for various exemptions. And we heard about the want and the desire for officers to identify themselves. And all the amendment does is it permits an officer to wear a mask so long as their name, the officer's name and badge Mg/ak 262 number are on the outside of such facial covering. So, the purpose is to allow a police officer to be able to wear a mask and, at the same time, to identify themselves to meet that underlying public policy as represented to the body. Through you.
Representative Pavalock-D'Amato.
Thank you for that. So, is the proponent saying that the identifying information of the officer would be, I don't know, let's say, written or sewn on the outside of the mask that the officer is wearing, through you?
Representative Fishbein.
Mg/ak 263 Yes. Thank you, Mr. Speaker. Could be written, sewn, could be silk screened, could be in any fashion as long as it is stated on the front of the mask. Through you.
Representative Pavalock-D'Amato.
Would it be beneficial -- Is there a font, a minimum font requirement for that written information on the outside of the mask, through you?
Representative Fishbein.
Thank you, Mr. Speaker. While in the legislation there is no minimum font, I think a court could reasonably interpret that it has to be a reasonably sized font. Through you, Mr. Speaker. Mg/ak 264
Representative Pavalock-D'Amato.
Thank you. I appreciate that. I think maybe that might be a little subjective. I know I can't see as well as other people. If it's too tiny, then somebody would have to get up close. And I don't know if that would be contrary to the purpose of the identifying information, which I think leads to -- probably, I'd have the same questions of the identifying information that's being required in this bill. So, it would be written on the outside. I know sometimes like a mask folds and it may be difficult to see. Is there any type of requirement that the officer state in the event that somebody can't read it and asks, "Okay. Please state your identifying information, your badge number, name." Is there any type of requirement in the event that it can't be read, through you?
Mg/ak 265 Representative Fishbein.
Thank you, Mr. Speaker. No, Mr. Speaker. Similar to a badge that an officer would wear. You know, if it gets covered, marred, something like that, there's no requirement. It just allows for the wearing of the mask long as it has that information. Through you.
Representative Pavalock-D'Amato.
Oh, thank you for that answer. I find that to be a reasonable compromise. I know the California case actually addressed, the ninth circuit case, which, of course, as we all know, we learned in law school, the ninth circuit is very liberal. But I know they addressed the mask ban in that case. And I know, I believe that one of the arguments was for the safety of the officer and for the officer's family. So, through Mg/ak 266 you, is the purpose of keeping on the mask and riding it on there, would you say a benefit would be for the safety of the officer and for the safety of that officer's family, through you?
Representative Fishbein.
Thank you, Mr. Speaker. Mr. Speaker, I think that's one reason. But ultimately, it's for the underlying public policy that's been stated here in the chamber. You know, the intent is to identify the officer. So, here, you are identifying the officer as to any alternative or collateral reasons why an ICE agent or any police officer may want to wear a mask. I'll leave it up to them and their superior officers. Through you, Mr. Speaker.
Representative Pavalock-D'Amato. Mg/ak 267
And in your amendment, are the exemptions that are listed in the original bill, are those then completely removed through this amendment that you're proposing, through you?
Representative Fishbein.
Thank you, Mr. Speaker. No. It is merely an additional exemption to the existing that was in the bill. So, the change or the amendment does not strike any language from the underlying. It merely adds the clause any facial covering that clearly displays the officer's name and badge number on the outside of such facial covering. Through you, Mr. Speaker.
Representative Pavalock-D'Amato.
Mg/ak 268 If the proponent of the amendment would maybe answer this question. If the officer was able to state his badge number and name, would that satisfy the goal, you think, of either the statute or of your amendment as well, through you?
Representative Fishbein.
Thank you, Mr. Speaker. Mr. Speaker, I think that's outside of the scope of the amendment itself. However, whether or not oral statement would supersede what is in the bill or in existing law, I don't believe so. Through you, Mr. Speaker.
Representative Pavalock-D'Amato.
Thank you for that. I think this is a reasonable amendment. I think as we look at the analysis from the ninth circuit case, Mg/ak 269 I think this is something that probably could have been a resolution to what the California legislature was looking for. I think it achieves their goal, yet an officer doesn't have to worry about his family being murdered or attacked or threatened like, you know, some of us in this room have been. And yet, at the same time, it does achieve the goal of the underlying legislation, which is identifying that individual's name and badge number. I have a lot more questions actually as it relates to being able to identify an officer, but I think those questions also might be outside the scope of this amendment. But again, I do think this is a reasonable amendment. I think it can be achieved with -- meet some of the stricter scrutiny standards that this bill could present. And so, I am in support of this amendment, and I encourage my colleagues to support it as well. Thank you, Mr. Speaker.
Will you remark further on the amendment before us? Will you remark further on -- Representative DiGiovancarlo. Mg/ak 270
Thank you, Mr. Speaker. And to the proponent of the amendment, the question has come to me that has he thought that if masks begin to go missing, would there be a thought of if masks go missing, we now have people running around with masks with police officers' names and badges on them, and now with the possibility of impersonating an officer much easier and beginning to, you know, maybe stop people. I am all for masks. I'm all for protecting the identity of certain officers that are doing very dangerous work to protect themselves and their families. But I just think that has that thought crossed the mind that a mask would be easier to grab, easier to wear, and easier to sneak around? Through you, Mr. Speaker.
Representative Fishbein.
Mg/ak 271 Yes. Thank you, Mr. Speaker. Mr. Speaker, masks are very easy to have printed by anyone. During the pandemic, I had a bunch made with various logos that I wanted. Nothing stops anybody right now from creating a mask that says police on it, from creating a mask that says, you know, Sergeant Smith, putting a number on it. I would hope that if this amendment is found to be acceptable by the majority, that whatever department is issuing gear to officers, peace officers, that they put in place some sort of protection, just like they protect badges. So, I don't see that as being an issue. Whether or not I thought of it before, no, because I don't think it makes a lot of sense. But thank you, Mr. Speaker.
Representative DiGiovancarlo.
I understand that. Through you, Mr. Speaker, I understand that anybody can make a mask or create a mask with a badge and a Mg/ak 272 name on it. But right now, that is not the norm. If somebody is approached by somebody with a mask with a badge and a name on it, I think it would automatically alarm them and the officers would be called, real police would be called. So, I think this sets a dangerous trend. I will not support this amendment, and I ask my colleagues not to support it. Thank you.
Will you remark on the amendment before us? Representative Howard from the 43rd. Will you remark further on the amendment before us. No. If not, will staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll, members to the chamber. The House of Representatives is voting by roll, members to the chamber.
Mg/ak 273 Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all members have voted, the machine will be locked and the Clerk will take a tally. The Clerk will please announce the tally.
House Amendment Schedule "A": Total number voting 150 Necessary for passage 76 Those voting Yea 48 Those voting Nay 102 Absent not voting 1
The amendment fails. (gavel) Representative Fishbein.
Mg/ak 274 Thank you, Mr. Speaker. Mr. Speaker, moving on to Section 7, through you, what does Section 7 do?
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, Section 7 is the section that talks about certain protected areas and limits the ability to take someone into custody on a civil violation in one of these protected areas. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And what is a civil matter as contemplated in Section 7, through you?
Mg/ak 275 Representative Stafstrom.
Through you, Mr. Speaker, it is not a criminal violation. Generally speaking, civil offenses, as is set forth in lines 544 through 558. I'm sorry, I should say 554 through 545 talks about what those charges are. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. So, if the individual is to be picked up and face criminal charges, is it fair to say that this particular section would not apply to that incident, through you, Mr. Speaker?
Representative Stafstrom. Mg/ak 276
That's correct, Mr. Speaker.
Representative Fishbein.
Thank you, Mr. Speaker. Just to be clear, well, one of the protected places is a courthouse. Is that fair to say, through you, Mr. Speaker?
Representative Stafstrom.
Through you, Mr. Speaker, there is a separate provision already in our statutes that refer to courthouse. Courthouse is not specifically defined as a protected area under this bill because of that existing statute we already have coming out of Mg/ak 277 special session last year. Although, I would say that one of the protected areas is a state facility, which a courthouse may count as as well. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. Yeah. Lines 527, state facility, talks about state buildings, and I believe a courthouse would fall under there. And just to be clear, if an individual is located in a state-owned building and let's say an ICE agent has a judicial warrant, are they able to effectuate that warrant within the building? Through you, Mr. Speaker.
Representative Stafstrom.
Mg/ak 278 Through you, Mr. Speaker, I believe there was a misstatement. I think maybe I started it, and the ranking member picked up on it and continued on it. So, I want to be clear. A courthouse is actually not a state facility as defined under this bill. State facilities under this bill only apply to those facilities that are owned, operated, leased, etc., by the executive department. Courthouses, as I said, has a separate provision in the statute, which is unamended by this bill. Through you.
Representative Stafstrom, Fishbein. Sorry.
Thank you, Mr. Speaker. Yeah, there appears to be some overlap here, but we'll move on. The building across the street in Capitol, I think it's 165 Capitol Avenue where the Secretary of State's office is located. Is it fair to say that that would be a state facility as contemplated by Section 7 of this legislation, through you? Mg/ak 279
Representative Stafstrom.
It would, Mr. Speaker. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. So, if an individual is, let's say, sitting in that little vestibule area there waiting to do their business upstairs and an ICE agent happens to enter, recognizes that individual as being one that they have a judicial warrant for, can the ICE agent effectuate that warrant within that building? Through you, Mr. Speaker.
Representative Stafstrom. Mg/ak 280
Through you, Mr. Speaker. If they have a judicial warrant, then yes, they can. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. That helpful. Moving on to Section 8. What does Section 8 do, through you, Mr. Speaker?
Representative Fishbein. Sorry. Representative Stafstrom.
Through you, Mr. Speaker. Section 8 is actually the mostly existing law relating to the courthouse prohibitions which we passed in special session last year. There's really only Mg/ak 281 conforming and technical changes contained in Section 8 to make that section compatible with Section 7, through you.
Representative Fishbein.
Thank you, Mr. Speaker. Moving on to Section 9. What does Section 9 do, through you?
Representative Stafstrom.
Thank you. Mr. Speaker, Section 9 sets basic minimum training standards for peace officers in the State of Connecticut. Through you.
Mg/ak 282 Representative Fishbein.
Well, thank you, Mr. Speaker. Particularly looking at lines 659 through 672 of Section 9, what do those do, through you, Mr. Speaker?
Representative Stafstrom.
I'm sorry, Mr. Speaker. What was the beginning piece of that?
Representative Fishbein.
Line 659 through 672. Through you. Mg/ak 283
Representative Stafstrom.
Thank you, Mr. Speaker. I think that's the major change to the section, and that says that post cannot waive the basic training requirements, and that someone needs to complete 480 hours of post compliant or substantially equivalent training. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And just to be clear, individuals that serve in this capacity presently in Connecticut are required to have the 480 hours or equivalent training. Is that fair to say? Through you, Mr. Speaker.
Mg/ak 284 Representative Stafstrom.
That's my understanding. Yes, Mr. Speaker. I do not believe that this provision will have an impact on existing state or local police departments. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. So, in order for one to qualify under this language, we've heard representations that ICE agents have 370, or something like that, hours of training. Is it that they would have to do the 480, or they'd have to do the additional to get to the 480? Through you, Mr. Speaker.
Representative Stafstrom. Mg/ak 285
Mr. Speaker, I think it depends on the type of training they've previously done because the training would need to be substantially equivalent. So, if they've done 378 hours of equivalent training, then I believe that would qualify. But if not, then they would need to do a full 480. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. That's helpful. Moving on to section 10. What does section 10 do to? Through you, Mr. Speaker.
Representative Stafstrom.
Mg/ak 286 Thank you, Mr. Speaker. Mr. Speaker, section 10 generally makes federal law enforcement agencies liable when their officers interfere with someone taking a photo digital still, or video image of them, or another officer performing their duties. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. Is it fair to say that it's really lines 697 through 704, the crux of section 10? Through you, Mr. Speaker.
Representative Stafstrom.
That's correct, Mr. Speaker. Again, I believe this provision is already applicable to state and local law Mg/ak 287 enforcement. It simply extends it to federal officers, treating them the same as we treat our state and local officers. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And is it fair to say that this particular section, line 697 to 704, set up when a peace officer could be liable civilly under our statutes? Through you, Mr. Speaker.
Representative Stafstrom.
Yes, Mr. Speaker. There would be potential liability where an officer commits an intentional tort. Through you. Mg/ak 288
Representative Fishbein.
Thank you, Mr. Speaker. And is it fair to say that line 697 through 700 set up the condition precedent for this civil liability? Through you, Mr. Speaker.
Representative Stafstrom.
Mr. Speaker, I couldn't possibly disagree with that statement. Through you.
Representative Fishbein.
Mg/ak 289 Thank you, Mr. Speaker. And just to be clear, those lines have to do with a finding of one having committed an intentional tort, and then we go on to the rest. So, if we establish intentional tort, I just want to, for the record, propose that those particular lines set up the condition precedent of an intentional tort? Through you, Mr. Speaker.
Representative Stafstrom.
Yes, Mr. Speaker. I believe I indicated that earlier, so I'm happy to confirm that. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And then going on the next component, it appears to be a claim that although intentional Mg/ak 290 tort, that there was interference with the taking of a photograph or digital still or video image of the police officer acting the performance of their duties. Is that fair to say? Through you, Mr. Speaker.
Representative Stafstrom.
Yes, Mr. Speaker. Again, I believe this is a very narrow potential cause of action only where its limited circumstance where there is an intentional tort that is done during the commission of the taking of the photo. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And just to distill the rest of that particular paragraph, line 704 then says, they shall not be Mg/ak 291 entitled to assert any privilege or immunity for the torturous conduct against the claim of civil liability. What does that mean? Through you, Mr. Speaker.
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, in practical terms, it means that the case will not be thrown out on a motion to dismiss, that it should proceed past the immunity phase. Certainly, the officer would be able to and entitled to assert factual defenses to the claim, but the mere fact that they are a police officer and committed this intentional act is not enough in and of itself. Through you.
Representative Fishbein.
Mg/ak 292 Thank you, Mr. Speaker. And this provision not only pertains to police officers, it also pertains to federal officers, FBI agents, ICE. Is that fair to say? Through you, Mr. Speaker.
Representative Stafstrom.
Absolutely, Mr. Speaker.
Representative Fishbein.
Thank you, Mr. Speaker. In line 700, there's a reference to actually federal law, 28 USC, 2680 each. And by what authority does the state of Connecticut say to a federal officer who is sued or arrested for a federal crime they lose certain defenses? Through you, Mr. Speaker. Mg/ak 293
Representative Stafstrom.
Through you, Mr. Speaker, this is with respect to civil liability. So, there's often times where someone is arrested for committing a criminal offence, and they then face parallel civil litigation. This does not affect the underlying criminal charge. It is only with respect to potential civil liability. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. So, we now know that line 697 through 704 the basic components are a finding of intentional tort, the interference with photographing, and then a civil case. So, Mr. Speaker, I must ask, the interference, as written, Mg/ak 294 appears not to be the fault or required to be the fault of the officer. And why is that? Through you, Mr. Speaker.
Representative Stafstrom.
Through you, Mr. Speaker. I'm not sure I read it the same way. I think the interference does need to be by the officer, and that that interference needs to result in some sort of intentional tort being taken. I think the classic case would be someone is trying to take a photo of the officer, and the officer comes up and tackles them. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. I really think we need some clarity here because, certainly, we are on new ground, ground that's Mg/ak 295 more than likely unconstitutional on its face. But with regard to that, Mr. Speaker, the clerk is in possession of an amendment. It's LCO 4698. I ask that the clerk call the amendment, and I'd be given leave to summarize.
Will the clerk please call LCO 4698, which will be designated House Amendment Schedule "B"?
LCO 4698, designated House "B", and offered by Representatives Fishbein and Howard.
The Representative seeks leave of the Chamber to summarize the amendment. Is your objection to summarization? Is there objection? Hearing none, Representative Fishbein, you may proceed with summarization.
Mg/ak 296 Thank you, Mr. Speaker. Mr. Speaker, the amendment very simply adds one word. It adds that intent. It merely adds the word intentionally in line six. Well, that's the amendment. It would fall under line 700. It would say, while intentionally interfering with any person taking a photographic or digital still, so on and so forth, a condition precedent that, I think, is necessary to make clear when this language may be used. I move the amendment, and I ask that when the vote be taken, that it be taken by roll. Thank you, Mr. Speaker.
Question before the Chamber's on adoption of House Amendment Schedule "B". Will you remark on this amendment? Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, as I said before, I believe the language before us is sufficiently clear, and the amendment is unnecessary, so I'd ask my colleagues to oppose it.
Mg/ak 297 Representative Callahan.
Thank you, Mr. Speaker. I do support the amendment because as I read this section, if officers are in the midst of performing their duties and you get a couple people right within a couple of feet trying to film them, they're interfering with the officers doing their duty, and they get knocked over, it seems like they're going to be liable for this. The proponent of the amendment is just simply saying that if an officer goes, to my interpretation of the amendment, goes out of his way and knocks the person over or assaults him, but this section doesn't address someone -- if I'm performing my duties, they're right in your face trying to film one, two, three people, and then they get knocked over in the process, it appears our officers would be liable for that, and that just doesn't work. So I think this is a very good amendment, and that one word does change that. So, I do support the amendment, and I hope our colleagues do as well. Thank you.
Mg/ak 298 Will you remark further on amendment before us? Representative Pavalock-D'Amato.
Thank you, Mr. Speaker. Excuse me. I wanted to go over just this section in general. I had a couple questions, and so maybe the proponent of the amendment can help me. When we went to law school, maybe not that long ago, right, we group things by tort, contracts, criminal, civil procedure, I'll say, and they were in these separate categories. But general, right, just like the constitution, First Amendment, it didn't say First Amendment only holding a microphone, right? Or First Amendment in specific instances. It's a broad topic, and I am always a little confused every time we legislate something very specific, because much of what we actually have or what was drafted years ago covers a lot of these subjects. First Amendment covers speech in general. It's not specific to just somebody speaking, it's also writing, etc. And yet I find in this state especially that, again, I don't get to read other state's bills too often, but that we constantly legislate very specific things. Mg/ak 299 And I find that very odd, especially since we have to then keep going back to fix and change things and add, when really we could probably do a broad general piece of legislation. And then, of course, when you're trying to target a specific administration over and over again, well, then we're going to be coming back all day, right? And I guess that's why we're here. We don't get our way. So, we're going to legislate it. Good luck with that. But here we are in this section. We are now adding and legislating taking a photograph. Okay. A specific now section, section 10, where if a peace officer is found to commit it in a tort, and then, of course, with this amendment intentional, well, a tort of assault battery, false imprisonment, false arrest, abusive process, or malicious prosecution pursuant to a law, while intentionally as this amendment adds, intentionally interfering with the person taking a photograph. So, now we're protecting people taking photographs, which, of course, I do strongly believe, and I believe it's covered under our current law that, of course, if you're in public and somebody's taking a photograph of you, that, well, there's no right to privacy there, right? That's covered. But now, if Mg/ak 300 they're stopped and interfered with while taking a photograph, not anything else, right, taking a photograph, now there's an extra piece of legislation and punishment. So, I guess my question is here, maybe the good proponent, with the intentional interference, is -- I have to think how to word this. Is the individual who's suing the peace officer, if you could give me a couple examples of how the intentional interference would be shown. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. I guess the problem is the need for the amendment is let's say an officer is at the scene of a riot and is arresting an individual lawfully. Another individual comes up and is filming the officer and says something like, I'm going to kill you. Now, the officer interferes with the recording and effectuates an arrest of that individual. The mens rea that's required in this language is not stated. Mg/ak 301 Now, I do find it to be of help that the chairman of the committee has said that, basically, we are putting that in there, even though it doesn't say that. But that's a scenario that I could tell you happens. Well, not the extreme of I'm going to kill you. But an alternative arrest that has seen like that, certainly, certainly could happen. So, it should be required that they're intentionally interfering. Here, as drafted, it merely says while interfering, which could be incidental, it could be constructive. But we are holding the officer at a higher level merely because they did their reasonable job. I think that answers the question, Mr. Speaker. That's what I'll give you at this point. Through you.
Representative Pavalock-D'Amato.
Thank you, and thank you for that answer. So what I know I see online and maybe other individuals also see online is, let's say, you have an officer, and the good proponent of the Mg/ak 302 amendment alluded to this, you have an officer arresting somebody, and you have you have another individual who's coming at them with a camera, fine, I don't have a problem with the recording, but they get within inches of the person. The person can't walk forward, right? The person is in that other individual's personal space. I know for me, that's intimidation, right? I am 4'10.5". I have anybody who's towering over me, and somebody who is inches from my face, I mean, record all you want. That doesn't bother me. But when you're preventing me from moving forward, that's when I get scared. And so, how would this interplay with somebody who, if they're that close and they're interfering in the officer's duty, and in carrying out their duties, arresting the individual, how would that interplay here? You're going to have an officer maybe who swats somebody away because they're in their personal space. I guess you'll have an officer maybe charging the other individual filming with interference. Would this be a separate charge or even an affirmative defense? I guess it would be a whole separate charge. Is that correct? Through you. Mg/ak 303
Representative Fishbein.
Thank you, Mr. Speaker. Just to be clear, this is not a charge in and of itself. This particular clause deals with the civil liability. The harm, though, is that defenses are very limited on that civil liability as a result of merely proving that there was interference. And that's why the amendment adds the mens rea of intentionally interfering, and that's why it would be necessary. But I just want to make that clear. Through you, Mr. Speaker.
Representative Pavalock-D'Amato.
So I think that does allude to my point that when -- what is the difference between intentionally interfering and trying to do one's job? Or in my case, it would be trying to walk, but Mg/ak 304 you have somebody who is preventing you from doing that. They have a camera, and they're standing right in front of you. And I think many of us have seen the recordings of people online of it's not just, okay, there's some filming from afar, but there's other people who try to get up in an individual's face, and clearly prevent them from moving. Is that the scenario that we're talking about here? I do understand that it's a civil liability. But, in that case, when does it go from interfering or let's say just trying to do one's job and protect somebody's personal space to intentionally interfering? Through you.
Representative Fishbein.
Thank you, Mr. Speaker. The only thing we have to rely upon is the chairman's words here tonight, saying that intent is already baked into this language. But that's the whole reason for the amendment, is to clarify that. So I do appreciate the Mg/ak 305 chairman telling us that so that courts could perhaps rely upon that in the future. And, of course, this exchange also is helpful. But, yes, that's exactly the problem that gives rise to the amendment. When it's interfering, interfering that it should give the heightened remedy that is thought about by this paragraph. Interference on its face is one thing. Interference, though, with the intent to interfere, I think, is what was intended. And, certainly, the chairman did help with regard to the legislative intent with regard to this paragraph. So thank you, Mr. Speaker. Through you.
Representative Pavalock-D'Amato.
And that leads to my next point, and I appreciate the ranking member stating that. I guess it could be a debate for another time or right now. Why not? When we're talking about legislative intent, many of us are in court. And one thing we do Mg/ak 306 know is that we have judges and many judges, respectable judges. But a lot of the judges, which I didn't know, write their own opinions. They don't have clerks, like many think. They have to hear the case. They have to write their own opinions, and not only write their own opinions, but also then, of course, as they're doing that or the next day, they have to hear another case and another case. I know a lot of individuals think that their case is the only one that the judge has heard, and they're waiting for an order. But the judges deal with hundreds of cases and trials, and they have to write decisions and opinions on all of those cases within a certain amount of time. And so, that leads to my point about legislative intent. I don't know if a lot of these judges have time to go and read and search for intent in legislation when it's not there. We all know, as attorneys, the plain reading of a statute. If there is an intent required, then they're not going to read into something that isn't part of the plain language. And with the caseloads that a lot of these judges have, I don't see them searching through, okay, when did S.B. 397, when was that heard in the House and in the Senate? And let me just Mg/ak 307 take time to search, right? Let's say even if we did a word search in the document, in the transcript for the day, see if they can find that. It's time-consuming. I don't think a lot of judges do that, as much as we try to lay out legislative intent. I think with the lack of staffing and the time constraints that judges have and the increase of litigation. That's the other thing we haven't really discussed. We are seeing, of course, a huge increase in family law cases, in other types of cases that are taking up a lot of time, and judges somewhat trying to move around a little bit and cover some of these other cases, let's say, when it comes to mediation and otherwise, other hearings that might not be a full trial, right, if that's not their assigned division. And so I just don't see that happening, and that's a concern. And I think this is a good amendment. I think adding intentionally interfering here, as opposed to just trying to do their job and protect themselves, and protect their personal space, do their job, and even actually protect the individual that's being detained, right? They have a job to protect the person and get them over to where they're supposed to be. Mg/ak 308 And having a mob come at everybody where the individual being arrested could get hurt as well, I don't think that is really beneficial and really not the point of what's the process that these ICE officers actually, what they're trying to achieve. So, with that, Mr. Speaker, I do support this amendment, and I do encourage my colleagues to support it as well. Thank you.
Will you mark further on this amendment before us? Representative DiGiovancarlo.
Thank you. Through you, Mr. Speaker. Am I able to ask the proponent of the bill a question on this amendment?
Mg/ak 309 Thank you. Through you, Mr. Speaker, the way the statute is written right now as intentional, is that officer covered on -- or what is the difference, in your opinion, on they're ruling of intentional versus intentionally? Through you, Mr. Speaker.
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, our law, particularly in the civil context, differentiates between negligent conduct and intentional conduct. So, I heard reference to say, there's a crowd of people and somebody accidentally knocks an officer, accidentally knocks someone down. That's negligence. That's not a tort, and it's not covered under the language of the bill before us. The only language that is covered, and I would say the word intentionally does already appear in the bill. So there's no reason to add the word intentionally twice. It already appears in the bill and says this only applies where there's an Mg/ak 310 intentional tort. So, the language in the original bill would not apply in that instance of a mob and the office charge in and accidentally knock somebody over. That's not accurate. The only way someone would be liable under this language is, again, if they actually intentionally hit someone, they intentionally knock someone over in order to stop them from taking the photo. Through you.
Representative DiGiovancarlo.
Thank you. Through you, Mr. Speaker. So any unintentional action by an officer is already covered in statute?
Representative Stafstrom.
Mg/ak 311 Through you, Mr. Speaker. Under the underlying bill, unintentional actions by the officer would not be a grounds for liability against the officer. Through you.
Representative DiGiovancarlo.
Through you. Thank you, Mr. Speaker.
Will you remark further on the amendment before us? Representative Yaccarino.
Thank you, Mr. Speaker. I have a question to the opponent of the amendment, just for my own clarity. I'm not a police officer, I'm not a lawyer. Through you, Mr. Speaker.
Mg/ak 312 Yes, sir.
So I have the impression or under the impression that all law enforcement have to wear a body camera. Would that be the evidence you're looking for to protect the officer or to protect the individual citizen? Through you, Mr. Speaker.
Representative Fishbein, on the amendment.
Either one.
Mr. Speaker, I think we're on the amendment.
Right. There is an amendment. Mg/ak 313
Your turn, sir.
So how do you determine the intentional? There's got to be some evidence. Through you, Mr. Speaker.
Representative Fishbein.
Yes, Mr. Speaker. You're civilly in a court, and you allege intent, and you have to prove intent. So intent could be various. You could have a recording of the officer saying, I intend to block you. You could have testimony from somebody else who was at the scene that the officer said to them, I intend to interfere with my filming today. There are various ways that intent could be proven. I think we've already heard that it would be necessary for this Mg/ak 314 heightened loss of defenses to be employed. But nonetheless, intent is proven daily in our courts and various matters in various ways. Through you, Mr. Speaker.
Representative Yaccarino.
I appreciate that. Simplistically, I'm just saying if you see somebody intentionally push somebody, hit somebody, shoot somebody, that is evidence. I would think that's evidence in the court of law. That's all I'm saying. So, I think that would clear a lot of this up. I'm not speaking for or against the amendment, but to me, I believe all officers have to wear body cameras. So right there, that should clear a lot of this stuff up, I would think. Am I wrong? I don't know. I don't know who can answer. Maybe the chairman can answer that.
Representative Stafstrom. Mg/ak 315
Through you, Mr. Speaker. Again, I think that a court would have to make a determination whether the conduct by the officer was intentional or negligent. If it's negligent conduct, then the officer is entitled to immunity, and the case wouldn't even get to trial. Frankly, it's only where the conduct is intentional. I think, certainly, whatever evidence is presented would be used for that. It could be the body camera, it could be surveillance photo, it could be the actual recording itself that was on the phone that was being used, I think would all be admissible evidence to determine whether there was intent or negligence. Through you.
Representative, Yaccarino.
I appreciate that. As long as, obviously, the officers protected and individual or non-innocent citizen is protected, I Mg/ak 316 would think that's the best way to work in court. So I appreciate every time. Thank you.
Will you remark further on the amendment before us? Representative Howard from the 43rd.
Thank you, Mr. Speaker. I heard the dialogue between the Chairman and the Vice Chair of the Public Safety Committee, and it caused me some interest. As I understand the underlying language, the underlying language on the bill in line 697 and 704 says that when a police officer commits an intentional tort, they do something on purpose, that's wrong, while interfering with the recording or the taking of photographic digital image, then they lose their claim to immunity, or their ability to their entitlement to assert privilege or immunity. So, I guess all poses to the proponent of the amendment. Am I to understand that what he's trying to accomplish is that the underlying language says that if the officer commits an Mg/ak 317 intentional tort and the person and that interferes with the recording, the officer would lose their immunity? And I think what the proponent is trying to say is it requires intentional in both sections. So the tort is already intentionally on the line language, but in order to lose the immunity, the interruption of the recording also has to be intentional. Is that a correct understanding of the amendment? Through you.
Representative --
Yes. That's to me? Mg/ak 318
Yes, to the proponent of the amendment. Through you.
Yes. And even though we look like Donny and Marie standing here with our microphones, and I don't know who is Donny and who's Marie, but I will affirm that that is the intent of the amendment. Through you, Mr. Speaker.
Representative Howard.
Thank you. I think we've been called worse. It's okay. I share his concern, because the way I read this, in criminal law, when we talk about certain things in search of seizure, we say things like a two-pronged test. I'm not an attorney, but we talk about two-pronged test. The way I read this, in order for a police officer to lose his immunity, he has to commit the Mg/ak 319 intentional tort, as the chairman outlined earlier, and be interfering with photographic or digital still image. So, if you have an individual who is recording, say, with a sunglass camera, and the police officer doesn't recognize that, they don't know that, they commit an intentional tort, which they're wrong about in the first place. But now, unbeknownst to them, it was interfering with the recording, and therefore, they lose their entitlement to assert any privilege or immunity for their torturous conduct. So, I think adding the intentional in the second part of this does make sense. And for that reason, I support it. Thank you, Mr. Speaker.
Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, will staff and guests please come to the well of the House? Will Members please take your seats? The machine will be opened.
Mg/ak 320 The House of Representatives is voting by roll, Members of the Chamber. The House of Representatives is voting by roll, Members of the Chamber.
Have all Members voted? Have all Members voted? Will the Members please check the board to determine if your vote is properly cast? If all Members have voted, the machine will be locked, and the clerk could take a tally. Clerk, please announce the tally.
House Amendment Schedule "B": Total number voting 149 Necessary for adoption 75 Those voting Yea 49 Those voting Nay 100 Absent not voting 2 Mg/ak 321
The amendment fails. (gavel) Representative Fishbein.
Thank you, Mr. Speaker. Mr. Speaker, moving on -- well, before I do that, withdrawn, I guess a note for the tech reviser bill in the future, line 700. I believe it should state, instead of pursuant to, it should say in violation of. We don't require battery. We find that if one batters another, it would be in violation of our statutes. And I believe the use of the clause pursuant to would be improper, and it should be replaced with in violation of. But moving on from there, Mr. Speaker, section 11, through you, Mr. Speaker, what does section 11 do?
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, section 11 limits the circumstances under which a federal officer, employer, agent has Mg/ak 322 immunity when prosecuted for an offense based on an action taken under the color of law. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. And by what authority do we have to control what federal officers do or what they have within our borders? Through you, Mr. Speaker.
Representative Stafstrom.
Through you, Mr. Speaker. This would be immunities with respect to a state prosecution. Of course, we can't impact whether federal officers prosecuted under federal law, but certainly, say, a federal officer committed manslaughter, as that term is defined under Connecticut law, and was prosecuted Mg/ak 323 for that offense in a state court in Connecticut, they would not be able to claim immunity in that prosecution. Through you.
Representative Fishbein.
Well, thank you, Mr. Speaker. And, Mr. Speaker, I do thank the chairman for his clarity there, although not drafted as such, because it merely says prosecution for an offense, which there are federal offenses and there are state offenses. I do appreciate the clarity from the chairman that this only applies to state offenses. However, it deals with immunity taken under the color of federal law. So, how do we, as the state of Connecticut, in any way, shape, or form, affect a federal agent's immunity under federal law? Through you, Mr. Speaker.
Representative Stafstrom. Mg/ak 324
Mr. Speaker, the way I read this is, again, so say we've got a prosecution under state law for a state law violation in a state courthouse, and the officer says, "Oh, well, wait a second, I can't have committed manslaughter in the state of Connecticut because I was acting under the color of federal law. There's some federal statute or some federal regulation or rule that allowed me to do what I did," that would not be an allowable defense in that state court proceeding. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. I do appreciate the answer. I was nonresponsive. By what authority do we, as a state of Connecticut, in any way, shape, or form, control, dictate, or regulate the immunities that a federal agent has with regard to a federal offense? Through you, Mr. Speaker. Mg/ak 325
Representative Stafstrom.
Or a state offense.
Representative Stafstrom.
Again, Mr. Speaker, I think I know where the proponent is going with this. He's trying to say we don't. I would say if he's referring to a federal offense that the officer is being prosecuted for, I would agree with him. With respect to a state offense, as I said before, I think the authority for that is the Connecticut Constitution and the Tenth Amendment to the United States Constitution. Through you.
Mg/ak 326 Representative Fishbein.
Thank you, Mr. Speaker. I'm very much sure that our courts will weigh in on that issue. I very much disagree with regard to the position of the chair, but my job just to oppose. Moving on to section 12. What does section 12 do? Through you, Mr. Speaker.
Representative Stafstrom.
Thank you, Mr. Speaker. Section 12 of this bill creates a prohibitions on hiring of peace officers who have engaged in certain forms of malfeasance or serious misconduct. As the speaker knows, again, in the police accountability legislation, we set certain parameters for the rehiring of officers who were dismissed for certain offenses from one police department by Mg/ak 327 another. We are extending that to federal law enforcement here as well. Through you.
Representative Fishbein.
Thank you, Mr. Speaker. Mr. Speaker, moving on to section 13. What does section 13 do? Through you.
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, sections 13 through 15 set various conditions and restrictions on how law enforcement agencies may use so-called ALPRs, Automatic License Plate Reading systems, and the data associated their way. Through you.
Mg/ak 328 Representative Fishbein.
Thank you, Mr. Speaker. And Mr. Speaker, is it fair to say that, generally, the retention period for ALPR data under this legislation is 21 days? Through you, Mr. Speaker.
Representative Stafstrom.
With certain exceptions, that is correct, Mr. Speaker.
Representative Fishbein.
Mg/ak 329 Thank you, Mr. Speaker. Mr. Speaker, if I may ask, how did the legislation fall with regard to -- how did the 12 days come to be? Through you, Mr. Speaker.
Representative Stafstrom.
Mr. Speaker, through you, I think this might have been one of the most interesting debates of the session before the Judiciary Committee. It was one of those topics where the political spectrum is not a straight line, t tends to be circular, where, I think, certain folks, law enforcement came in and said we have a policy on thirty day retention period, which we'd like to retain. Other folks on the committee, I think, on both sides of the aisle said, that is far too long. We'd like it to be three days or seven days. And so, through various negotiations and with the wisdom of the upstairs Chamber, 21 days was set on as the right number. Through you, Mr. Speaker. Mg/ak 330
Representative Fishbein.
Thank you, Mr. Speaker. Mr. Speaker, really, one of the biggest problems with the legislation is the fact the state of Connecticut is in effect saying to federal law enforcement, we don't want you within our borders. We don't want you enforcing federal law. We don't want you enforcing immigration law. And that's not something that I adopt. We heard initially in the opening remarks by the chairman about a campaign of fear. I don't fear. When I see someone on the sidewalk with a vest, I'm happy. They're enforcing the laws. And, unfortunately, we've gotten to a point that there needs to be enforcement. And for the state of Connecticut to do a pushback and say, "No, we're going to make it as difficult as possible, we're going to put as many hurdles in place as possible to make it more difficult for you,' it's just going to make the federal government work harder through our courts, through actions. Mg/ak 331 I heard, Mr. Speaker, that there was extraordinary support in committee. But I've also heard on other bills, Mr. Speaker, that the public hearing process is not a referendum. It doesn't really matter how many people actually put in testimony. You can't just count them. That doesn't do the balance. Because if that was the case, No Gun Bill would ever get passed in this Chamber. Just last session, we had a gun bill. 4,000 pieces against the legislation. When we got to the voting on the legislation, it's like, oh, that doesn't matter. But here today, we heard, oh, there was so much support in committee. At the end of the day, Mr. Speaker, the legislation before us is mostly unenforceable. It most likely will be on the books, maybe a couple years, but it will not be enforceable. And one of the biggest problems with this situation, Mr. Speaker, is we should have more cooperation between federal law enforcement and our state and local law enforcement. And majority of this bill has to do with preventing it. I think the appropriate thing to do, Mr. Speaker, is to expand it. And, therefore, Mr. Speaker, the clerk is in possession of an Mg/ak 332 amendment. It is LCO 4745. I ask that the clerk call the amendment, and I'd be given leave to summarize.
Will the clerk please call LCO 4745, which will be designated House Amendment Schedule "C"?
House Amendment Schedule "C", LCO No. 4745, offered by Representative Candelaria.
The Representative seeks to leave of the Chamber to summarize the amendment. Is there objection to summarization? Is there objection? Hearing none, Representative Fishbein, you may proceed with summarization.
Thank you, Mr. Speaker. Mr. Speaker, part of the problem right now with our law is an arrest of an individual for an A, Mg/ak 333 B, or C felony does not trigger a call to federal law enforcement, even if local or state law enforcement knows that the individual is here illegally. It is the conviction, if anything, that would trigger that communication. All the amendment does is it expands the A, B, or C felonies to include those situations where there can be communication between local law enforcement and the federal authorities. Mr. Speaker, the problem is, let's just say, very rural town in Connecticut this evening, house is broken into. There's a young lady, two kids, and they're, unfortunately, murdered. Police come to the scene, they find an individual who happens to be there, bloody clothes, weapon on the floor. Individual says, "I'm here illegally." We take him into custody. Under our law, our local and state law enforcement are precluded from calling the federal authorities. It's merely the arrest. I'm not saying that that individual should go into necessarily their custody, but the communication cannot happen under our law. That is not public policy that I support. Right now, in the state of Connecticut, an arrest for an A, B, or C felony, we are barred from communicating. I don't think that Mg/ak 334 helps public safety at all. Our federal laws are there for a reason. Our immigration laws are there for a reason. And, certainly, we've heard about these heinous crimes across the country. People coming back into this country, committing very serious crimes. Recently, there was one, I think a gentleman was in New Mexico. It was his fourth time. Came back to this country illegally, arrested for a violent crime, deported, go back to your homeland. Comes back, creates another violent crime, deported, go back to your homeland, keeps on happening. Here in Connecticut, just the arrest doesn't trigger anything. So the individual on, let's say, risk of injury to a minor, more than likely going to bail out. Now, you have somebody who has done something that is negatively impacting a child. One of the most precious things that we could have in this state, an innocent child, and they're out on bail, and they're here illegally, even though the local and state law enforcement knows this, that's not good public policy. That's not good for the safety and security of our residents. And, Mr. Speaker, I move the amendment, and I ask that when the vote be taken, that it be taken by roll. Thank you, Mr. Speaker. Mg/ak 335
The question before the Chamber is adoption of House Amendment Schedule "C". Will you remark further on the amendment? Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, I do rise in opposition to the amendment before us. This is effectively a repeal of many of the key provisions of our Trust Act here in Connecticut, an act that I believe has been very useful in our state in ensuring those living in our state, that they can seek help when they need it. They can seek help when they're the victim of domestic violence. They can seek help when they need to seek process from an abusive landlord. They can seek help when they've been a victim of a crime. They can seek help when they have had an abusive spouse, etcetera. This would effectively repeal many of the key provisions of our Trust Act. We already have sufficient safeguards in place under the Trust Act, and a conviction for Mg/ak 336 these very crimes that the ranking member has mentioned are already carve outs under the existing Trust Act. Certainly, an individual who breaks into a home in rural Connecticut should be held accountable under Connecticut law, and is. But frankly, Mr. Speaker, I find it troubling that we would use our limited state resources to enforce federal law when we know we need our police officers working on investigating and stopping crime that is occurring here in the state of Connecticut. Thank you, Mr. Speaker.
Will you mark further on the amendment? Representative Howard.
Thank you, Mr. Speaker. My understanding of the amendment is quite different than what we just heard. As I read to this amendment, I don't think it repeals the Trust Act at all. And I don't think it touches anybody who wants to commit to report a crime, is a victim of a crime, is a witness to a crime. What it Mg/ak 337 largely changes is that instead of the trigger for communication with ICE being a conviction, it is an arrest upon the finding of probable cause. And that means that what the amendment does is it doesn't have our state and local limited law enforcement, state and local resources, going out, doing the job of the Federal Immigration Authority, nor do I think they should. I agree with the chairman about that. But it allows the state and local law enforcement, who are already doing their job, to communicate with ICE the information that they have. On this topic of moving from arrest to conviction, I've heard it said that it's a concern of overdue process. And I would just like to address that very quickly. Under our laws in the state of Connecticut, specifically in 46b-38b, if an individual, American citizen, lives in Connecticut somewhere, born and raised in Connecticut, ancestors came over on the Mayflower, regular US citizen, is arrested for a domestic violence offense upon finding a probable cause, according to that statute, any firearms that that person owns that are in plain view are seized from them. Mg/ak 338 Their right to possess firearms, those particular firearms, under our statutes, their right afforded to them in the US and Connecticut Constitution alike, is revoked based solely upon an arrest and a finding of probable cause. In almost every single one of those cases, that individual is then arraigned in court on the next available court date, and a protective order is issued based upon that finding of probable cause with no conviction. And that individual's rights to posses firearm is gone. That's an existing law. That's how it happens every single day. And we do those things for good reason. I support those, and I support those because they make sense for public safety, that when they find a probable cause for violent crime, which domestic violence is from breach of peace to assault third all the way up, which isn't contemplated here, is it's a public safety issue, and that's why we do it. And we do that in other places too. For example, if you get arrested for DWI, your license is revoked for 24 hours based upon the officers finding a probable cause. Now, you don't have a right to drive. It's a privilege. Of course, I've ruled that many times, but the point is that you've lost something based Mg/ak 339 upon solely an arrest. And what we're talking about here is not taking away somebody's freedoms, not taking away their privileges, not taking away their rights, but simply communicating with another law enforcement agency. That's it. I support this amendment. I think it makes sense for public safety, and I think representing that this amendment targets anybody who has not been arrested upon the final probable cause for an A, B, or C felony is just inaccurate. I hope my colleagues will support it. Thank you, Mr. Speaker.
Will you remark further on the amendment? Will you remark further on the amendment? Representative Pavalock-D'Amato.
Thank you, Mr. Speaker. I appreciate it. I'm glad the ranking member brought this amendment forward. It was a part of a question that I had that I was going to address to the Chamber when I talked later. So I'll be able to address that concern and this issue now. And of course, my question was, as far as some Mg/ak 340 of the exceptions that we laid out in the amended Trust Act last year, I did see that it was referred to a conviction, as opposed to a charge. And I was a little surprised by that. I think even though it was only addressed a conviction, just for the audience so they can be aware, if local enforcement could and can still cooperate with ICE if the individual is convicted of a sexual offense, second and third degree sexual assault, enticing or sexually exploiting a minor, possession of child sexual abuse material, crimes against children, injury or risk of injury to a child, second degree, and other child endangerment offenses. There's also offenses dealing with violence and weapons, strangulation, second degree assault, burglary with a firearm, kidnapping, first and second-degree robbery, and then domestic and safety violations. Domestic violence, assault, and criminal violation of a protective order. But again, it's a conviction, not a charge. And so you have an individual, okay, an illegal alien who has already broken the law, and I know that individuals will constantly say, yes, but it's a civil offense. It's a civil offense. Mg/ak 341 It's a civil offense that can result in deportation. Okay? So, let's be clear. Just, yes, like a civil offense, if you get a ticket, or that's the way many people describe it, like a traffic ticket. Except with the traffic ticket, you don't get deported, do you? So, again, depending on your overstay, right, that's ultimately what can happen. And so this amendment here would change it to a charge, as opposed to a conviction. And some of these are pretty serious. I'm confused as to if somebody's getting charged again, due process, right? They're innocent until proven guilty. And that goes for the same if they are, of course, here illegally, and then they get detained, right? The chair listed off a bunch of individuals who were detained, and I know at least some of them. I'm not familiar with every single instance, but they were released. And, of course, I do think that due process is an important part. But here we have somebody who has broken federal law, and now they're breaking state law. There's a pattern here, right? Is this somebody that we don't want cooperation with? Right? We just want to put them back out on the street immediately. We've been doing that. And last I checked, we have multiple offenses. Mg/ak 342 We have other individuals. Somebody who ran somebody over, stolen cars, with multiple offenses, right? Running somebody over in New Britain. One thing after another. But I do want to make aware for some of these individuals who have gotten released, right? Thank God we do have federal authorities that are enforcing law, and that is no attack on our local authorities who, of course, they don't want to lose their house, they don't want to be sued. I think they're put in a difficult position. And I know myself and many of us others in this room, or at least myself, have tried to facilitate and help our federal authorities in carrying out their duties. But there's a list on the department, Homeland Security Department of Justice website of individuals, various individuals from across the country who have been arrested, charged, deported. Connecticut has over 10 pages of individuals, but there's over 3,000 pages of individuals. So, some of the individuals in Connecticut, I know, actually, it was four individuals down in Danbury who, I believe ,they were trafficking minors arrested, right? They were trafficking minors, and that that was allowed to go on for months and months, and nothing was done. But I Mg/ak 343 encourage everybody to go on that website. Juan Perez-Barahona arrested in Brooklyn, Connecticut; sexual assault, neglect of a child, molestation of a minor. Kedwin Gutierrez arrested in Danbury; possession of narcotics, money laundering, cocaine possession. Mario Roano, arrested in Waterbury; illegal reentry, homicide. Alaa Allouz, arrested in Somers; violation of a court order, probation violation, domestic violence, cruelty towards a child. Cardia Powell, this is a female, arrested in Hartford; larceny. Elvin Martinez, arrested in Hartford. Crimes; assault, aggravated assault, weapon offense, aggravated assault with a gun and carrying a prohibited weapon. Lucio Campos arrested in Brooklyn, Connecticut. The crime; procuring for a prostitute who is a minor. Francisco Soto, Danbury. His crime; selling synthetic narcotics. Robert Perez, arrested in Brooklyn; aggravated assault on a family and nonfamily member. Carlos Pinzon, arrested in Somers; burglary and larceny. Raj White, arrested in Hartford; violation of a court order, burglary. Fernando Arenas, Hartford; driving under the influence. Luis Guerrero, arrested in Danbury. Crimes; drug trafficking. Mg/ak 344 Luis Tapia, arrested in Suffield; violation of a court order, aggravated assault, strong-arm assault. Nathaniel Sterling Jr, arrested in Manchester; sexual assault. Ricardo Barker, arrested in Enfield. His crime; robbery, evidence destroying. Jonathan Bravo-Barreto, carrying a prohibited weapon, arrested in Enfield. Neglect of a child, cruelty of a child, burglary, sex assault, sodomy of a girl with strong-arm, and a probation violation. Yasmani Lara, arrested in Berlin; violation of a court order and burglary. Daniel Reyes, Danbury, arrested for kidnapping. Gabrielle Kuna, arrested in Waterbury. Crimes; rioting, interfering with an officer, escape from custody, robbery, larceny. Firoz Patel, arrested in Danbury, arrested for fraud, money laundering. And then there's Neville Swaby, arrested in Hartford for marijuana possession. I'm not sure how that works considering it's legal here. Columbia. This individual is from Columbia arrested in Danbury, Ivan Geraldo, cocaine with intent to sell. Another individual, Oscar Bellar, arrested in Somers, arrested for aggravated assault. A lot of these crimes, again, they're charges, but there's pages and pages. Many don't have just one Mg/ak 345 charge, there's several charges. There's several charges, and they're living next to you, next to you. Like Juan Hernandez, larceny, arrested in Danbury. This individual, other individual from Albania, Dritton, arrested in Danbury; illegal reentry, burglary, forced entry of a nonresidents. Francisco Granada, arrested in Danbury; smuggling aliens, conspiracy. Kevin Solis, arrested in Danbury; drug possession, dangerous drugs, opium trafficking. Jorge Tello, arrested in Enfield; cruelty towards a child, driving under the influence. Mr. Goel arrested in Danbury; obstructing justice, fraud. Some of these are offenses that wouldn't be covered under the Trust Act, and yet, those are all individuals again who are illegal aliens and who are committing other crimes. More money laundering seems to be common. It seems to be common in Danbury and -- well, I've seen mostly Danbury. But, again, I've got a few 100 names here, and that's just Connecticut. Okay? I didn't pull up hundreds of individuals from other states, if not thousands. I'm not going to read every name from every other state. But I encourage you to go through those pages and see the individuals. And I think this amendment, I think, it's a Mg/ak 346 good amendment. I think we're keeping our streets safe, we're keeping individuals safe by this amendment. I don't think we're waiting for a full conviction, waiting to go through the process. A lot of these individuals are let out on bail. So, if they're not going back, many, for the various INS hearings and appointments, do you think they're going to show up for one of these charges and those hearings? Probably not. But we let them go, right? That's why we have so many individuals fearful of walking at night. Hartford, right? I hear time and time again on the radio, almost every day that there's been a shooting in Hartford. And, of course, I always hear from individuals that, well, Americans commit crimes at a higher percentage than illegal aliens. I know I've heard that many times argued. However, if they weren't allowed to come in, then that crime rate would be zero. So, I never really understood that argument. But again, Mr. Speaker, I do think this is a very good amendment. Again, we're looking at people who are charged, but again, I think this is a well-thought-out amendment. I think it, again, also includes family violence crimes, but it also includes all class A, B, or C felony offenses. Mg/ak 347 Because, ultimately, we have an individual here, not only charged, but also illegally crossing and/or overstaying their visa. So, really, we're not on the first crime here, we're on the second crime. So, for that, Mr. Speaker, I do support this amendment, and I do encourage my colleagues to support it as well. Thank you.
Will you mark further on the amendment before us? Representative Fishbein.
Thank you, Mr. Speaker. Just briefly, few questions for the opponent.
Go ahead, sir.
Mg/ak 348 Yes. Thank you, Mr. Speaker. I heard about repealing portions of the Trust Act. If the good opponent of the amendment could point us to where he believes the amendment repeals portions of the Trust Act, it would be helpful. Through you.
I'm sorry, who's your --
To the opponent.
It's your amendment.
I know. I'm the proponent, he would be the opponent. He stood up and spoke against the amendment. I should procedurally have the opportunity to ask him questions about the representations that he's made. So, I've asked to ask questions of the opponent of the amendment. Mg/ak 349
This is new to me. Stand at ease, please. Representative Stafstrom, would you like to answer the question?
Mr. Speaker, I just want to make clear, I think, procedurally, I'm not sure that I'm obligated to respond to questions on someone else's amendment. I just want to make that clear for the record. But out of my respect and friendship with the ranking member, I'm happy to engage on this some, but I just just want to make clear for purposes. My point is that, whether it was sometimes the sessions run together on me, I believe it was last regular session, we strengthened certain provisions of the Trust Act. I think what this amendment would do is, in full or in part, roll back what we did in session just last year, and therefore, it is a repealing of certain protections that are currently embedded within the Trust Act. Through you, Mr. Speaker.
Mg/ak 350 Representative Fishbein.
Thank you, Mr. Speaker. So, first of all, I want to deal with the procedure. Certainly, the chair of the committee puts himself in a position in response to the amendment to make certain representations to the body, which is his role as leadership of the committee. Perhaps I could have addressed him as the proponent of the underlying bill, and that would have been something that would have happened when the item came out originally. But, presently, we're on the amendment. We are debating the amendment. So, certainly, if a representation is made to the body, then due process would say that the body, this side of the aisle, would have the ability to ask questions, just as he would have the ability to ask me as the proponent. So, if that's not clear, perhaps we can get a decision from on high, but I do appreciate the answer. And the answer essentially corrects the misrepresentations that were made initially in opposition. The amendment that's Mg/ak 351 before us does not repeal any portion of the Trust Act. So, those that have not read the amendment, you now know it's not a strike-all. It doesn't get rid of the Trust Act and supplant this in place. It adds to the provisions of the Trust Act, which allow for communication. And all the amendment does is add to the arrest for A, B, or C felonies. When we look at our penal code, Mr. Speaker, we have some very serious, in particular, Class B felonies. Doing bad things to 13-year-old children is a bad Class B felony. Grooming children and then engaging in a sexual act with a 12- year-old, a very serious offense here. And what the amendment does, it is to allow somebody who's arrested for those crimes, many other crimes, murder, manslaughter with a firearm, things like that, for a communication to be made, we have this individual, they've been arrested, let the federal government do their thing. So, if we're looking to protect those individuals, that's one thing. Thank you, Mr. Speaker. So we're looking to protect individuals that are doing these things, and then, excuse me, get arrested for these things. That's one thing. I'm not looking to protect those individuals. I'm looking for communication Mg/ak 352 between the feds, the local and state law enforcement, and that's what the amendment does. Thank you, Mr. Speaker.
Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, will staff and guests please come to the well of the House? Will the Members please take your seats? The machine will be opened.
The House of Representatives is voting by roll, Members to the Chamber. The House of Representatives is voting by roll, Members to the Chamber.
Have all Members voted? Have all Members voted? Will the Members please check the board to determine if your vote is probably cast? If all Members have voted, the machine will be locked, and the clerk will take a tally. The clerk will please announce the tally. Mg/ak 353
House Amendment Schedule "C": Total number voting 148 Necessary for adoption 75 Those voting Yea 60 Those voting Nay 88 Absent not voting 3
The amendment fails. (gavel) Representative Fishbein. No? Representative O'Dea from the 125th.
Good evening, Mr. Speaker. I don't think I'm going to have any questions for the good chair, at least at this point as I go. But I do want to mention to the Chamber something that is bothersome to me. In 2013, those of us who were here passed the initial version or original version of the Trust Act. And I Mg/ak 354 remember the good chair at that time, Jerry Fox of Judiciary, we negotiated the bill, and it was a really good bipartisan bill. It was unanimous out of the House, and we established a cooperation with ICE that it was satisfactory to everyone in the building, in the House and the Senate. And I see my good colleague from the 110th nodding. He remembers it was deeply negotiated. And if I may just read, Mr. Speaker, the seven categories that were utilized, as far as the procedure for law enforcement officers to follow, if I may, through you, Mr. Speaker.
You may continue.
So the seven categories under which in carrying out a civil immigration detainer regarding a person in their custody, they would not release the person if they determine -- so, in other words, if local police arrest somebody or find somebody, they get them, they wouldn't release them if they've been convicted Mg/ak 355 of any felony, A, B, C, or D, they would not be released without talking to ICE. If they were subject to a pending criminal charge in Connecticut where bond has not been posted, that was negotiated. So, if they didn't post a bond, they could be referred to ICE. If they had an outstanding warrant, arrest warrant in Connecticut, if they were identified by Department of Corrections as a known gang member in the National Crime Information Center database, if they were identified as a possible match in federal terrorist screening, number 5. Number 6, if they were subject to a final deportation or removal order, number 6, or number 7, if they presented unacceptable risk to public safety. So, those were the seven things that, on a bipartisan basis, we found, as a body, reasonable to keep our communities safe and encourage those who weren't here legally to utilize the court system without fear of retribution. And guess what, 13 years ago, it worked. We didn't have any problems with ICE. All right? This protected those who are vulnerable, who may not be here legally, but they were abiding by the law. Mg/ak 356 It got the most dangerous people off the streets, and our local and state law enforcement cooperated with our federal officials. It worked. Then, unfortunately, in 2019, despite bipartisan opposition, so it wasn't just those on the side of the aisle, despite bipartisan opposition, we began the quest, in my humble opinion, of attacking our law enforcement, both in the state and in the federal government. And after we passed the revisions to the bipartisan Trust Act that was working and that everybody in this building agreed to, we passed a partisan bill that was bipartisanly opposed. And our state police had a draft General Notice 1905 that not only hampered our federal law enforcement, but also hampered our state law enforcement, and made our citizens, I would submit to you, less safe. Mr. Speaker, I just want to read a portion of General Notice 19, dated December 14th, 2019, if I may, through you, Mr. Speaker.
You may proceed.
Mg/ak 357 Thank you, Mr. Speaker. Now, based on the passing of Public Act 1920 and 1923, law enforcement officers were prohibited from arresting or detaining an individual pursuant to immigration detainer unless the detainer is accompanied by a warrant, the individual's been convicted of a Class A or B felony. So, in other words, if you were convicted of a C or D felony, which C and D felonies, manslaughter, second degree, abuse of an elderly, assault on a public safety personnel, they couldn't be detained. Or if the individual was identified as a possible match in a federal terror screening. So that, they kept. They were also prevented from spending time while working, communicating with ICE, federal officials. They weren't allowed to do it. They had to do it in writing, and they had to give advance notice in writing to the person who they were detaining and a lawyer if they were represented. It's late. We've been at this a long time. I know the good chair has been answering a lot of questions. I don't have any questions for him. We all agree we don't want federal officials raiding our schools. That hasn't happened. What's happening in Connecticut, we're preventing our local law enforcement from coordinating with ICE and working with ICE, making their job harder and Mg/ak 358 making them come into our communities when they don't want to. They wouldn't have to. If we cooperate with them, they would not be having to do this. We wouldn't see the mess that's in Minneapolis. We're creating a bad atmosphere for our law enforcement. I truly believe there's there's certainly blame to go with our federal officials. ICE has made mistakes. They have made mistakes. I'm not disputing that. We are not making the jobs of our law enforcement officers, locally and federally, any easier with this legislation, and we're not making our citizens any safer. We're making it much more difficult, and we're creating more problems, and we are creating a less safe environment for not only our citizens but those that are here illegally. We have systematically seen and passed laws in this building, handicapping and handcuffing, not literally, but figuratively, our law enforcement officers. And one of the biggest things, I think, that we have yet to fix with our Police Accountability Bill from 2020 is the fact that we don't allow for an interlocutory appeal before trial. Mg/ak 359 Now, most of the people in the building are not familiar with that process. I've litigated hundreds, if not a thousand, 1983 actions in my time as a lawyer over the last 30-some odd years representing municipal state police. And essentially, over simplification of it, and I will admit that to the good chair. But, basically, what qualified immunity does is if the officer acts reasonably in his mind under the circumstances of the time, he can be immune from prosecution or liability civilly. So, as long as you're acting in what you believe to be under the color of law properly at the time as a police officer, you don't have to go through a jury trial. Even if you were wrong, if it was an honest mistake, the court can say, you know what, yes, you were wrong, you made a mistake, but it wasn't intentional, and we're going to knock out this lawsuit. What we did in 2020 with the Police Accountability Bill is we told police, if the judge decides in the trial court, decides you're not entitled to immunity, it used to be you could appeal that to an appellate court. In 2020, we said, no, you can't appeal that until after a jury trial. So, you're going to put a police officer through a jury trial even if he's entitled immunity, and the court later finds it's true. Mg/ak 360 In federal court, it happens regularly. The court says, you know what? He was acting reasonably on the circumstances in his mind, and he's entitled immunity. And the court kicks it out. In our 2020 Police Accountability Bill, we eliminate that possibility. You can't get out under immunity if the trial judge rules against you by going to appellate court until after the trial. And our good officers and towns don't want to go through trials. Mr. Speaker, the clerk has an amendment. It is LCO 4704. I would please ask that you have the clerk call it, and I'd be allowed to summarize. 4704.
Would the clerk please call LCO 4704, which will be designated House Amendment Schedule "D"?
House Amendment Schedule "D", LCO No. 4704, offered by Representative Fishbein and Representative Howard.
Mg/ak 361 Thank you, Mr. Speaker. Basically --
One second, sir. Thank you. Representative O'Dea. You're anxious, aren't you?
I didn't actually fire my energy. Sorry.
That was 10 hours ago. The Representative seeks to leave the Chamber to summarize the amendment. Is there objection to summarization? Is there objection? Hearing none, Representative O'Dea, you may proceed with summarization.
Thank you very much, Mr. Speaker. I apologize. So this amendment is simply 19 lines, and all it does is allows a police officer, if he files a motion for summary judgment under theory of immunity, that he acted what he believed to be appropriate in Mg/ak 362 the circumstances, and the trial judge doesn't agree, rather than going through trial, the police officer can appeal to the appellate court, thereby avoiding the trial in front of a jury. That's the way it's done in federal court. It's the way it was done for decades. And we want, and I think everybody in the Chamber would agree, we want active policing. The Supreme Court created Qualified Immunity because they wanted our officers to act reasonably but actively and not simply watch crimes happen. They allow for officers to make reasonable mistakes under the circumstances. We want them to actively police and keep our residents safe. And as long as they do it reasonably under the circumstances, they should be entitled immunity. This simply allows the officer to rely on immunity before going through a trial. An officer does not want to be going through a trial if they're entitled immunity and spending hundreds of thousands of dollars defending the action if they don't have to. This will save time, it will save money, and will encourage police officers to activate police again. And I truly, truly believe it is a really good amendment. I ask the good Chair of Judiciary, and I understand this is Senate bills because it Mg/ak 363 gives us less flexibility, but this is something that we've been passionate about. We did joke a little bit, it's not the first time he's seen this amendment, but it is a really good amendment. And I dare to beg for support from both sides of the aisle, and I move for adoption. When the vote is taken, Mr. Speaker, I ask that they'll be taken by roll. Thank you very much, Mr. Speaker.
You're welcome, Representative. The question before the Chamber is adoption of House Amendment Schedule "D". Will you remark on the amendment? Will you remark on the amendment? Representative Stafstrom.
Thank you, Mr. Speaker. And thank you to my good friend from New Canaan for taking us back to the good old days of 2013. We had a guy by the name of Barack Obama in the Oval Office. At the time, we did not have repeat news stories in our state of young people being pulled off the streets by ICE. We didn't see Mg/ak 364 videos of ICE agents, who were masked, kidnapping people off our streets. We didn't have a federal government who had a policy that would allow ICE agents to go into schools, or to go into churches, or to go into hospitals. And we didn't see the horrific images of innocent citizens being essentially gunned down by ICE in the streets of Minnesota and elsewhere. I guess, Mr. Speaker, those might be referred to as the good old days. And frankly, I wish we were not here tonight having to, again, strengthen our protections against ICE. It's not something we asked for as a state. It's not something this legislature asked for. It is a direct result of the policies that are coming out of Washington DC right now. With respect to this amendment on qualified immunity, which, I believe is tangentially related to the underlying bill, I think we sat here a few years ago and debated all night this question of qualified immunity. We had a very lengthy debate on it, and at the time, it was referenced that if we repealed qualified immunity, there would be a flood of litigation. There would be lawsuits out the wazoo. Police would be losing their houses, their cars, you name it. Mg/ak 365 That parade of horribles has not happened, Mr. Speaker. I continue to wait for the first case to be filed in which an officer is sued civilly and found liable for intentionally violating someone's civil rights. That case hasn't happened. We haven't seen it in our state. So, with due deference to my friend from New Canaan, well, I believe the interlocutory appeal issue may be a great debate for a law school exam question or constitutional law class, as my clerk is preparing for finals on. I'm not sure that we should be amending this bill here today with something that, frankly, we have not seen a problem with. We haven't seen sort of the need for this, and so I would ask my colleagues to propose it. Thank you, Mr. Speaker.
Mr. Speaker?
Will you remark further on amendment before us? Representative O'Dea. Mg/ak 366
Thank you very much, Mr. Speaker. Just a brief response. President Obama was known as the Deporter in Chief, just for the record. When Hillary Clinton ran for president, she had the same policies. If you were here illegally, you had two options; become legal or leave. Those were the good old days. Now, I want to make it easier for people to become legal. I truly do. We need to do more. That's the federal government. Again, you've heard me say this many times; our federal government has let us down. But by refusing to cooperate with our federal government, we are exposing our residents to danger. We don't want that fight going on in our streets. And by protecting the criminals with C and D felonies and not being able to communicate with ICE, we're only making our streets less safe. As far as the comment about the flood of lawsuits, I will say, while there hasn't been a flood, I think the quote was wazoo, there has been an inflation in payouts of settlements. So, town's insurance rates have gone up, and what we used to be able to settle a case for for a few thousand dollars, costs a Mg/ak 367 lot more now to settle. So, I hear my good colleague, good chair from Bridgeport, but this -- You know why we're not seeing a flood of the lawsuits? Because our officers, in respect to them, I used to teach at the academy, the use of force, they are not actively policing the way they used to. They are literally trained to avoid getting themselves in a jam and say, you know what? Call the detectives after the murder and have them figure it out. And there's been an increase in accents. We have not protected our police or stood by behind our police. So, I respect the good opinions and statements by my Chair of Judiciary, but this is a good amendment, ought to pass. Thank you very much, Mr. Speaker.
You're welcome, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Pavalock-D'Amato
Mg/ak 368 Thank you, Mr. Speaker. And I was going to say actually something very similar to what my good colleague said. I know that, up until this year, major immigration reform really hasn't occurred since 1996. So, for the most part, minus different work visas and changes relating to that, a lot of the immigration laws have not changed. But I agree with my colleague. I get calls and comments every day. And I've talked to police officers themselves, they will not engage. They will not go after the kids weaving in between in the cars. Anything like that, that involves actual going after a criminal, they won't deal with it. That's why there hasn't been the flood of incidents, as the good Representative mentioned. As far as taking houses, he's right. There haven't been incidents where officers have been sued and their houses have been taken because they simply deed the house to their spouses or somebody else. Why? Because I do these deeds every day. I've done hundreds of them. And other attorneys I've talked to have done the same thing. They just take the house out of their name, and that way, they can't be sued and their house can't be taken. Mg/ak 369 It's unfortunate that we've tied the hands of our officers from doing their job again. The pattern in this Chamber and in this building seems to be protecting criminals over and over again. And not only protecting criminals, but ignoring victims. Victims don't have exceptions. Similar to the landlord bill that we've done, and I know some other bills in in Judiciary that we've done, victims, of course, are ignored. And, again, the lack of enforcement and tying of hands of our officers is something that's put us into the situation that we're in today and the incidents, and constant fear that people I know live in every day. So I do support this amendment, and I encourage my colleagues to support it as well. Thank you.
Thank you, Representative. Will you remark further on amendment before us? Will you remark further on amendment before us? If not, is there objection to a voice vote? You guys passed the test. If not, will the staff and guests please come to the well of the House? Will Members please take your seats? The machine will be open. Mg/ak 370
The House of Representatives is voting by roll, Members of the Chamber. The House of Representatives is voting by roll, Members of the Chamber.
Have all Members voted? Would the Members please check the board to determine if your vote is properly cast? If all the Members have voted, the machine will be locked, and the clerk will take a tally. And the clerk will announce the tally.
House Amendment Schedule "D": Total number voting 149 Necessary for adoption 76 Those voting Yea 62 Those voting Nay 87 Absent not voting 2 Mg/ak 371
The amendment fails. (gavel) Will you remark further on the bill before us? Representative Howard.
Thank you, Mr. Speaker. Good evening. Great to see you. A couple of quick questions for the proponent of the bill, if I may.
Representative Stafstrom, please prepare yourself. Continue, Representative.
Thank you, Mr. Speaker. Section 6 of the bill speaks to oppose policy. And so is it the intent that the legislation that will allow the Judicial Branch to make its own rules and policies regarding name tags and badges for its peace officers so long as they're compliant with the spirit of the bill? Is that a accurate understanding and intent? Through you. Mg/ak 372
That's correct, Mr. Speaker.
Representative Stafstrom.
I'm sorry, Mr. Speaker. That is correct.
Representative Howard.
Thank you, Mr. Speaker. I appreciate the answer. Second sort of interpretive question in lines 982 to 992 in the ALPR section. Although those lines describe that the ALPR data is considered public record, is it understood or intended that those records are still subject to the law enforcement exemptions that we see in 1-210b, sub 3? Mg/ak 373
Representative Stafstrom.
Absolutely, Mr. Speaker.
Thank you, Mr. Speaker. I appreciate those sort of clarifying questions. Section 2 of the bill talks about the Attorney General taking action based on a policy. Through you to the good chairman, whose interpretation of the policy are we talking about in section 2? It begins in line 40. I'm trying to understand how we can take action for deprivation of rights based on a policy because it would seem to me that -- well, I'll ask that question. How can we do that? Through you.
Representative Stafstrom.
Mg/ak 374 Through you, Mr. Speaker. This section here extends existing law with respect to the attorney general's discretionary enforcement authority in bringing an action for a civil rights violation. It hereby just expressly includes the term "an established policy." I would argue, I think the Attorney General probably already has this authority under its investigatory authority, but we're making that clear in this language. Through you, Mr. Speaker.
Representative Howard.
Thank you, Mr. Speaker. So, how can one determine that a policy subjects or causes to be subjected other persons to deprivation of rights, privileges, and immunities? Through you.
Representative Stafstrom. Mg/ak 375
Through you, Mr. Speaker. So say there was a municipality that had a policy that said we are going to instruct our police officers to pull over any car we see driving down a street where there's a Black driver, that would be a violation of civil rights. This would allow the Attorney General's office to bring a action to enjoying that type of policy. Through you.
Representative Howard.
All right. Thank you. I appreciate that answer. Now, I'm trying to go a little bit in order if I can, just to try to make things a bit easier for both of us. In section 3, we redefine, for purposes of that section, peace officer. So, throughout much of the statutes, peace officer refers to as defined in 53a-3. And in here, instead of doing that, we're creating a different definition of peace officer. And I'm curious as to why that is. Through you. Mg/ak 376
Representative Stafstrom.
Through you, Mr. Speaker. This is the provision of the bill that refers to the Inspector General's ability to investigate where there is the use of force that results in death, and the idea is to broadly define peace officer for that limited purpose to allow the inspector general's office to be the one to investigate the use of force that results in death if that force was used by a federal officer. So, under current law, if the state police or a local police department, uses force that results in death, it's clear under Connecticut law that the Inspector General would be the one to investigate that. Under, I think, existing law, say there was a use of force that resulted in death in, let's take, Bridgeport, and that that force was used by an FBI agent or an ICE agent or whatever, I think under existing law, that potential violation of the policy and maybe crime, if it rises Mg/ak 377 to that level, would be conducted by the Bridgeport State's Attorney. Well, the Bridgeport State's Attorney's office, really, is not in the business of investigating use of force by officers. That's what the Inspector General does. They've got dedicated inspectors, they've got staff. And so the thought is, if you allow that type of instance to be investigated by the Inspector General's office, instead of the local state's attorneys, you're going to get a fairer and more expeditious review and outcome. Through you.
Representative Howard.
Thank you, Mr. Speaker. I'm not sure I completely agree with that because under 53a-3 of the General Statutes, peace officer, as defined, does include federal agents. It includes any federal agent that is empowered to enforce federal narcotics laws. So, FBI would fall under that, as defined. Mg/ak 378 But I do agree with what, I think, I heard, which is this is really intended to make sure that a use of force that would be investigated by the Inspector General in the state had it been done by a state police officer, a local police officer, or a federal agent who is empowered to enforce the Title 21 of the U.S. Code, would also include federal immigration authorities because some are not empowered to do that. So, what I think I'm hearing is that what we're trying to do is to make sure that if a federal immigration authority, an ICE agent in Connecticut, uses deadly physical force or force that results in death, it would fall under the purview of our Inspector General, just like every other law enforcement officer. Is that what I heard? Through you.
Representative Stafstrom.
I'll agree with that characterization. Through you, Mr. Speaker. Mg/ak 379
Representative Howard.
Thank you. And can the good chair explain, if we're going to include those federal immigration officers for that purpose, why are we not including them in the definition of 53a-3 so that they'll be considered law enforcement officers throughout the statutes? Through you.
Representative Stafstrom.
Through you, Mr. Speaker. I think where we define law enforcement elsewhere, we either wouldn't want to or can't subject ICE officers to certain provisions. So, for example, I don't know that the state has the authority to require that an ICE agent operating within our state borders become post- Mg/ak 380 certified, for example. So I think this was supposed to be very narrowly drawn to just include those use of force instances. But, again, because what the Inspector General is doing is he's looking to determine whether state law is violated. Take an instance in like we saw on the streets of Minnesota, right? If something like that happened in Connecticut, the Inspector General would be the one to have to determine whether a homicide or manslaughter was committed under our state law. Through you.
Representative Howard.
Thank you, Mr. Speaker. That answer is a little confusing because a peace officer, as defined in 53a-3, is used throughout the criminal justice statutes. Post-certified officers are contemplated as police officers, as defined in 72-94. So, I just don't understand that, because what we've done, like, we don't require FBI officers to get post-certified. We don't require DEA officers, United States Postal Service Inspectors, etc., to get Mg/ak 381 post-certified, but they all fall under the definition 53a-3. All of them. Right now, as drafted in current law, 53a-3 will not include federal immigration authorities. So, it seems like what we're doing -- and it's important to know this, too. Assault on a peace officer is within the criminal justice statutes, as defined within the same chapter. Interfering with a peace officer is within the same statute. So, it seems to me what we're doing is we've been very careful to say a federal immigration authority acting in Connecticut, if they use force, they're a police officer as we think about it. They're a law enforcement officer, a peace officer for the purpose of being investigated. But if somebody assaults them, it's just a regular assault. They don't count as a peace officer. If somebody interferes with them under 53a-167a, it doesn't count as interfering with an officer because they're not defined there. It seems that this legislation was very careful to do something that I talk about all the time. We say all the time, we hold police officers to a higher standard. And I always say that's a half a sentence. And the rest of the sentence is when Mg/ak 382 they did something wrong. Because when they're not doing something wrong, we don't hold them to any higher standard. We do in many places in the statute, but in society, we don't. And now we don't in the statute here. So we're saying in this statute now that if a federal law enforcement or federal immigration authority, very specifically, who is not empowered to enforce Title 21 of the US code, comes here and uses deadly physical force or force resulting in death, they are a police officer for purposes of being investigated by the inspector general. But if somebody assaults them in the performance of their duties, they're not. If somebody interferes with them in the performance of their duties, they're not. That seems to be unfair, and it seems to be targeted on one end. And that happens in Section 3. And Mr. Speaker, speaking of ICE and federal immigration authorities, that seems to be what we've heard about today. When the proponent legislation came out, that's what he talked about. Now, I've seen some of the videos that he referenced and some of the other colleagues have referenced, and it causes me concern. I've seen actions that I don't condone, that I wouldn't engage in, and I wouldn't tolerate in officers in my vicinity Mg/ak 383 ever. But I also know that since 2020, state and local law enforcement in the state of Connecticut have worked tirelessly from post to the police chiefs, to the officers on the road, to try to earn the trust of the people of state of Connecticut. And I think in large part, they've done a good job. They've worked on different trainings. They've adjusted policies. And I have police officers, police chiefs, police administrators say, hey, can you guys give us a break for one session? Can you just give us a break? And I think the intent here, as we've heard, is to address the federal immigration authorities and what they're doing. And you know what, Mr. Speaker, the federal government is its own entity. I care about protecting the people of the state of Connecticut. As you heard me say earlier on an amendment, I care about protecting people of the state of Connecticut who are here trying to find a better life, committing no crime that -- or if they become a victim, they can feel comfortable going to the police department without immigration being called on them. I support all those things, and I continue to support those things. And the amendments that come from this side of the aisle relevant to that speaks to that and says, all we're ever trying Mg/ak 384 to do is protect public safety. Somebody who comes here in violation of federal immigration law or remains here because they're trying to work in some capacity in the state of Connecticut to better their life for them and their family, they got my support. I'm happy to help any way I can, and I don't want anybody scooping them up. I got no problem saying that. Well, what I do have interest in -- and I can't control ICE to the degree that I could tell ICE what to do. ICE operates with federal authority enforcing federal laws, and I don't create those here. But I have great interest in our state and local law enforcement because that's what part of our job here in the legislature, is to create laws, policies, et cetera, for the state of Connecticut, which includes state and local police officers. And I don't see the need, In fact, I know there's not a need to include state and local police officers in all of this bill. And there are things in here that create some ambiguity. The hour is late. I don't want to have a significant back and forth with the chairman about it, but Section 6 and 7 specifically speak to all police officers. Mg/ak 385 If that section's about masks and those protected areas are narrowed to the Federal Immigration Authority, okay. Doesn't affect my state and local cops. We have a situation in the state of Connecticut that police chiefs have come to the public safety committee for a couple of years now and say we're at a critical point with recruitment and retention, and it's only going to get worse in 2027 because of attrition, especially in our state police. And the chairman of the Public Safety Committee and I and the vice chair and, of course, our Senate colleagues, have been working hard on that. In fact, the governor himself put forward legislation we got out of Public Safety to try to recruit more police officers. But when more legislation continues to come out of here that targets state and local law enforcement because we're frustrated with what ICE is doing, is categorically unfair. It sends a negative message to them, to those who are aspiring for that profession, to their families, et cetera. Now, I remind my colleagues that we ask our police officers to do things that most people couldn't do, and it becomes troublesome. Like my mom will say to me, well, nothing ever Mg/ak 386 bothers Greg. That's not true. Things do bother me. But I see so much bad things that little things at home don't bother me. I'm quoted saying that my mom gets upset because my brother was 15 minutes late to Easter. Well, that's not a big deal. We see trauma in the hundreds to one over all the police officers, and nobody can fix that. There's no piece of legislation we can run here that's going to stop police officers from experiencing trauma. And by the way, the legislatures recognize that. I don't know of another profession in this state that is statutorily mandated to have a behavioral health examination every five years because of the mental language that goes on. We can't fix that. Police officers have to go to these scenes. They have to do these things. But for goodness sakes, when they lay their worry heads to bed at night, shouldn't they be able to close their eyes saying, hey, the people of Connecticut are behind me? They shouldn't have to go to bed and say, hey, people of Connecticut are upset with ICE and are taken out on me. And that's how folks feel. To that end, Mr. Speaker, I think we could do something here to help. And in fact, if we can, I would appreciate it Mg/ak 387 because it's 8:15? And if we can do this, my work here is done, and I can sit down and be quiet through the rest of the bill. The Clerk is in possession of amendments LCO 4990. I would ask the Clerk to please call the amendment and I be granted leave of the chamber to summarize.
Would clerk please call LCO 4990, which would be designated House Amendment Schedule E.
House Amendment Schedule E, LCO Number 4990 offered by Representative Fishbein, Representative Howard.
The Representative seeks to leave the chamber to summarize the amendment. Is objection to summarization? Is their objection? Hearing none, Representative Howard, you can see with summarization. Mg/ak 388
Thank you, Mr. Speaker. It's quite simple. It takes Section 6, 7 of the bill. The new language regarding masks, et cetera. I don't want to read it or throw it all, and the the protected places and the detention in protected places, and it narrows it down to the federal immigration authority and leaves our state and local law enforcement out of the bill. Police officers have come to me multiple times and said, hey, we're not doing these things. Leave us be. If you want to make it about ICE, make it about ICE. They've come to me and they said things like, well, look, you and your colleagues, me and my colleagues, like, I do this stuff, you are using the frustration that people have about the tactics of ICE as leverage to take it out on the rest of us. Please stop. So here it is. If it's truly about ICE and their tactics and not trying to take a swipe at state and local law enforcement, my colleagues will support this amendment, and I hope they do. I would ask them to vote be taken taken by role. Thank you,Mr. Speaker. Mg/ak 389
Thank you, Representative. The question before the chamber's adoption of House Amendment Schedule E. Will you remark further on the amendment? Will you remark further on the amendment before us? Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, unfortunately, I do need to oppose the amendment. I think, first, there's the procedural issue of the amendment, which is that my understanding of the law in this area is that it would be facially unconstitutional for us to apply the mask ban and the prohibition on arrests just to federal law enforcement and not equally apply that to state and local law enforcement. So I think if we were to adopt this amendment, it would effectively nullify the underlying mask ban in this bill and would effectively nullify the protected places language, which essentially guts two of the main provisions of the bill. So I need to oppose it on that ground. Mg/ak 390 Also though, Mr. Speaker, I would submit, I don't see this as a swipe at law enforcement. In fact, with respect to Section 7, which just deals with civil arrests, I'm not aware of very many instances in our state where a local police officer is effectuating a civil arrest at all, let alone effectuating a civil arrest in a church or in a hospital or in a school. But to the extent they are, they shouldn't be. It's just that simple. They shouldn't be. With respect to the mask piece, again, we haven't seen the videos of police officers in our state dressed in full masks and tactical gear, jumping out of black SUVs and ripping people off the streets of Bridgeport or Hartford. But to the extent they were to try to do that, I'd submit they shouldn't. And I'd submit we should put in statute to prevent that from happening. There's a lot of caveats to the mask ban in here. Certainly, officers can conceal their identity for undercover purposes. They can wear an n 95 for medical purposes, et cetera. There's a whole list of exceptions. But if it really is those situations where someone is doing it for tactical reasons, it should stop. So for those both for the procedural reason and the Mg/ak 391 underlying policy reason, I do oppose the amendment, Mr. Speaker.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us. Representative Pavalock-D'Amato.
Thank you, Mr. Speaker. For me, this raises an interesting point. Let me start by saying though that I do find it interesting that the chair of the Judiciary Committee references actually what is a decision and finding in the Ninth Circuit case, where there was found to be discrimination based on the application to federal agents, but not local law enforcement. But ignores the supremacy clause argument and finding that was applied also in that case. I'm not sure why there's application of one and recognition of one and not the other, considering this bill is factually the same as the bill that was passed in California. But, ultimately, Mg/ak 392 that does create an issue for me in supporting this amendment based on that assertion. So I would like to ask the proponent of the amendment. I'm looking at the first page, Section 6, is -- let's say, lines three through nine. Is that new language in this amendment? And is it different than the original bill as far as the laying out of the different types of facial coverings? Through you.
Representative Howard.
Thank you, Mr. Speaker. To my colleague from Bristol, I think it's best to answer it this way. The language in the underlying bill is all new language. So what the language in the amendment does is it changes that new language to only apply to federal immigration authorities and not peace officers as we've defined them under the inspector general statute. Through you.
Mg/ak 393 Representative Pavalock-D'Amato.
Would this change the application to local law enforcement and other peace officers in this amendment as far as the application goes? Through you.
Representative Howard.
Thank you, Mr. Speaker. If the amendment were to pass, then the prohibitors all say in Section 6, 7 of the underlying bill, would not apply to anybody except for federal immigration authority. Through you.
Representative Pavalock-D'Amato.
Mg/ak 394 And would that apply to all federal different types of departments of federal agents or would it just be one specific type? Through you.
Representative Howard.
It would be through the Federal Immigration Authority as defined in 54-192h. My colleague can find that there, but generally, it's ICE. I will note for my colleague, through you, Mr. Speaker, that throughout that statute in 54-192h, it's been law in Connecticut and amended several times. It does refer to prohibitions directly related to federal immigration authority that currently exist. So I think this is similar to that, and that we're creating law for that federal immigration authority as is defined in the statute. Through you.
Representative Pavalock-D'Amato. Mg/ak 395
Thank you. And I want to thank you for that clarification. And I have no further questions at this time. Thank you, Mr. Speaker.
Thank you. Representative. Will you remark further on amendment before us? Will you remark further on the amendment before us. Representative Nuccio.
Thank you, Mr. Speaker. I stand in support of this amendment. It's not a secret to anybody in here, and it's definitely not a secret to the people who oppose me in my local town, but my daughter is a state trooper. She's a resident trooper in town, and we just passed a law in here, or a bill in here recently, that bans the state police to be at the polls. Now, as I mentioned then, as somebody who has literally had their life threatened because I'm a Republican and a woman in this state, I always took great comfort in the fact that the Mg/ak 396 police would mull around outside the election hall. And I'm really trying to figure out how we're going to have a special election or a referendum that is at the library, which is within 30 feet of where -- maybe 50 feet of where our resident troopers offices are in our town. So if they can't be 250 feet near the poles, I don't know what they're going to do for the whole day, and how they're not going to be able to access their office for the whole day of an election. I agree with Representative Howard. When I first came up here, it was time of the police accountability bill. And I can tell you, not even from my daughter, because we try to not talk about her work, because let me tell you, it's terrifying. It's absolutely terrifying as a mother. She's a brilliant woman. Brilliant. And she became a state trooper. I could have thought of 25 other different things I would have pictured for this kid, but she was determined since the age of five this is what she wanted to do. So because of that, I have troopers that call me all the time, text me all the time, reach out to me about stuff. And I can tell you they do not feel supported by the people in this building at all. They do not. Mg/ak 397 They see the laws that are attempted, even the ones that are attempted to be passed about pursuit and them being liable for all kinds of different things. And then they get yelled at when something happens and they don't get somebody off the roads, or there's so many accidents and this and that. It's like that little dig all the time. There's always something that gets thrown in that little dig. For that election law that we had, could have very easily said, federal officers can't be within 250 feet of a poll. But we had to go the full nine yards and say no police can be 250 feet from a pole. That is then, once again, saying to our state troopers who -- my first year up here, I said, we have the highest trained troopers in the country. We have the longest training for them, and there was only one state who was two hours ahead of us for continuing education, which I think that might not be the case anymore. We could have narrowed it and said federal officers can't be there. But instead, we did the whole kit and caboodle. And now here, we constantly have to go out there and tell them, no. We trust you. We want you to do your job. I think if this Mg/ak 398 chamber, rightfully so, is disgusted by what happened in Minneapolis, that was Minneapolis. That's not happening here. That was a theme when we went after the state police here in Connecticut. It wasn't the state police that were doing it here. We talk about no cases have been brought and this and that. And every case that the IG has gone off or has shown that our police and our troopers are doing their job, doing it well. We're punishing them for stuff that is happening in other places. If this bill is about ICE in masks and all of the other things, it's about ICE. So let's keep it about that. Let's not loop in our troopers. Let's not loop in our police and say, once again, somebody else is doing something, and we don't like it. So we're just going to round you all up and loop you all together and punish all of you. I think at some point in this chamber, all sides of the aisle need to stand up for the people who are there when you call 911. So again, I stand in strong support of this amendment, and I hope to see that we have bipartisan support for it, sir. Thank you. Mg/ak 399
Thank you, Representative. Will you remark further on the amendment before us. Will you remark further on the amendment before us? If not, will staff and guests please come to the well of the House? Will the members please take their seats? The machine will be open.
chamber. The House of Representatives is voting by roll. Members of the chamber.
Have all members voted? Have all members voted? Would the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked, and the Clerk will take a tally. And the Clerk will please announce the tally.
Mg/ak 400 House Amendment Schedule E, as amended: Total number voting 150 Necessary for passage 76 Those voting Yea 62 Those voting Nay 88 Absent not voting 1
The amendment fails. (gavel). Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Howard.
On the bill, Mr. Speaker.
On the bill. Thank you, Representative Howard. Mg/ak 401
Yes. Just clarifying, sir. Thank you. Appreciate it. I'm not sure why the amendment failed except it didn't get enough votes, obviously, but I did hear that there was a constitutionality question. And because we're singling out federal officers, so that's a concern. We certainly don't want to pass anything unconstitutional. I appreciate the good chair's remarks, and I rely on his experience and education. In Section 11, although we do just that, we say in any prosecution for an offense, no federal officer shall have immunity, et cetera. Just federal officers. But don't do it for anybody else, just federal officers. We heard that's unconstitutional, and I don't want to pass anything unconstitutional, Mr. Speaker. The Clerk is in possession of an amendment, LCO four 4697. I would ask for the Clerk to please call the amendment and I be allowed leave of the chamber to sammarize.
Mg/ak 402 Will the Clerk please call LCO 4697, which would be designated House Amendment Schedule F?
House Amendment Schedule F, LCO Number 4697 offered by Representative Fishbien, Representative Howard.
The Representative seeks to leave the chamber to summarize the amendment. Is their objection to summarization? Is there objection? Hearing none, Representative Howard, you may proceed with summarization.
Thank you, Mr. Speaker. Actually, summarization may take longer than actually reading it. It's two lines that strike Section 11. That's it. The impetus to that is we just heard that, if you we can't pass a law that makes it specific to federal immigration authorities and federal officers, it has to Mg/ak 403 include everybody. This section 11 doesn't. It says just federal officers. So the Section 11, I think, should probably come out. I don't want to pass any unconstitutional. Mr. Speaker, I move adoption, and I ask them that the vote be taken taken by roll call. Thank you.
Thank you, Representative Howard. The question before the chamber's adoption of House Amendment Schedule F. Will you remark further on the amendment? Will you remark further on the amendment? Representative Staftrom.
Thank you, Mr. Speaker. Mr. Speaker, there may be a misunderstanding by the proponent of the amendment. So Section 11, what that does is it says a federal officer cannot rely on federal immunity in defense of a state prosecution. A state or local police officer never has federal immunity. Mg/ak 404 So this section of the bill does apply evenly to federal, state, and local offices. What this section does is actually, it puts federal officers on the same plane as state and local officers. Let me try it again because it's a little confusing. State prosecution. State officer is charged with manslaughter. A state or local officer under existing law, they can't say, well, I killed that person, but it's okay because there's some federal law or federal policy that says it's okay that I did that. They can't do that. They can't do that under existing law. But if a federal officer does that, they can say there's this federal policy, whatever, and I'm relying on that for immunity. No. What Section 11 does in the underlying bill is basically puts everybody on the same playing field. So if the concern that the proponent of the amendment has is making sure every officer, whether it be federal, state, or local, are put on the same playing field, you should vote for the underlying bill, and you should vote against the underlying amendment as I'm going to do. Thank you, Mr. Speaker.
Mg/ak 405 Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Fishbein.
Thank you, Mr. Speaker. Procedurally, I'm not really sure what the precedent is at this point. We've had representations in opposition to the amendment. The offer to the body is that this section deals with just federal immunity. However, it doesn't distinguish. It doesn't say federal immunity. It says immunity. Therefore, any immunity would apply to this. So I do disagree with the representation of the individual who spoke, which I can't call the opponent to the amendment because that isn't recognized by whatever the powers that be. But that's clearly what the language says. I rise in support of the amendment, and I think it either needs to be fixed or removed to clarify that. It's one of the things that we talked about during my exchange. If federal law enforcement officials that have certain levels of immunity, Mg/ak 406 there's nothing the state of Connecticut can do to those things. No matter what it feels about federal law enforcement. So I do rise in support of the amendment, and I ask my colleagues to support the amendment. Thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Stafstrom for the second time.
No, Mr. Speaker. No need. I was just going to reference federal laws in line seven 707. But good.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Fishbein for the second time.
Mg/ak 407 Foxed in. Thank you, Mr. Speaker. Now I can get up and say whatever I want. He can't retort. Anyway, Mr. Speaker, I just want to point out that in line seven 707, it deals with the action, not the immunity. The immunity appears above that. So the representation to the body that 707 has something to do with federal immunity, just not true. Anything else you want me to say about him at this point? Anyway, thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, will staff and guests please come to well of the House? Will the members please take your seats? The machine will be open.
The House of Representatives is voting by roll. Members to the chamber. The House of Representatives is voting by roll. Members of the chamber.
Mg/ak 408 Have all members voted? Have all members voted? Will members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked, and the Clerk will take a towel. And the Clerk will announce the tally.
House Amendment Schedule F: Total number voting 150 Necessary for adoption 76 Those voting Yea 59 Those voting Nay 91 Absent not voting 1
The amendment fails. (gavel). Representative Howard.
Mg/ak 409 Thank you, Mr. Speaker. Trying my good colleague's attention, the proponent of the bill, to Section 7. Now, I heard him reference earlier on our previous amendment that police officers shall not arrest people for civil offenses really anywhere. I tend to agree. I don't think state and local law enforcement officers in our state arrest people for civil offenses. However, to my good colleague, in line 560, it actually talks about detain. So detain is a little bit different than arrest. Actually, it's a lot different than arrest. Police officers in the course of their business don't always know what they're dealing with ahead of time. Things get reported as one thing, and it turns out it's something totally different. I used to work with an old police officer. I hope he's not watching. I just call him old. An old police officer when I first started, and he used to say that the police department is the miscellaneous department. We handle whatever nobody else does because we're open 24 hours a day, seven days a week. And in large part, that hasn't much changed. People need help. They need assistance. Courts aren't open. Social services isn't open. They call the police. We got a long Mg/ak 410 conversation about that. But it happens fairly often that police officers get called to civil matters, property line disputes, landlord-tenant disputes, things like that. And sometimes they get called in because the average person doesn't know about the law and what's civil and what's criminal. And they think the police can force all laws, but really the police generally only enforce criminal laws, and some others, but generally, that. There's laws. There's civil offenses within our statutes that -- the breaches of landlord-tenant acts that are violations of law. They're civil offenses. Police officers don't enforce those. They don't arrest people for things like that. They often document it. They often become involved in it by accident, incidentally because somebody calls and says my landlord was trespassing at my house. Okay. So you left in a red car. Police officer sees him, pulls him over, happens to be in a cemetery or the nearby school or playground or one of the so-called protected areas here in the bill, and detains that person in a car stop, only to find out later it was a civil offense. So now we have a police officer who has detained somebody with a good faith belief that it was a criminal act, but it Mg/ak 411 turns out to be civil. Language doesn't account for that. It doesn't account for an officer acting in a good faith belief. It says if he does that, he's going to get sued. I don't know that that's should be the way. Again, if we had taken this and gone just down to ICE, doesn't matter. It's fine. Don't care. But it isn't. We've rejected that. We said we're going to include all police officers. Well, as defined at 52-77a, not to be confused at 53a- 3. We've made that distinction on purpose. So, Mr. Speaker, I think that it's important for our police officers are going out trying to do the best job they can. My colleague from New Canaan said earlier, we're putting a lot on our police officers to try to sift through all this stuff. In addition to everything else they have going on in their life, including being down significantly in numbers. So hopefully, we can hit a carve out for our state and local cops are trying to do the right thing. I hope that we can at least do that. Please. The Clerk is in possession of amendment, Mr. Speaker, LCO 4696. I would ask for the Clerk to please call the amendment, and I be allowed leave of the chamber to summarize. Mg/ak 412
Would the Clerk please call LCO 4696, which will be designated House Amendment Schedule G.
LCO 4696, designated House G and offered by Representatives Fishbein and Howard.
The Representative seeks to leave the chamber to summarize the amendment. Is there objection to summarization? Is there objection? Hearing none, Representative Howard, you may proceed with summarization.
Thank you, Mr. Speaker. This amendment strikes subsection B of Section 7, and makes a minor change that gives the officer some grace and some reprieve if they had a good faith belief at the time of the detention that the individual was a subject of a criminal investigation. Mg/ak 413 So in other words, you got a police officer who gets a report of criminal act. The officer believes it to be a criminal act. They're looking for that vehicle. They pull the vehicle over. It happens to be a protected area, but they had a good faith belief at the time of the detention that it was a criminal act, then they're relieved of the responsibility contemplated in legislation. I think it's fair. I think it's treating our police officers fairly when they're doing the right thing. Instead of just holding them to a higher standard when they did it wrong, let's recognize the job that they have to do. Things are happening very quickly, and that they should have a reasonable opportunity to be free from lawsuits, et cetera, if they can have a good faith belief for that time. They were doing the best they can, trying to do the right thing. I think that's reasonable. All my colleagues will agree with me. Mr. Speaker, I move adoption. I ask that the vote to be taken by roll. Thank you.
Mg/ak 414 Thank you, Representative. The question before the chamber is adoption of House Amendment Schedule G. Will you remark further on the amendment? Will you remark further on the amendment before us? Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, at the risk of, again, boring my colleagues with a slight diatribe into constitutional law, we have to discuss the Fourth Amendment now. Fourth Amendment, the United States Constitution, especially as interpreted by the seminal case of Terry v. Ohio, says that a police officer cannot detain someone unless they have a reasonable and articulable suspicion that the individual has committed criminal activity. So in order to detain someone, whether that be our police or a police officer someplace else, they have a to have a reasonable and articulable suspicion of criminal activity. Doesn't have to be found. In the example that the ranking member of the Public Safety Committee gives is assuming an officer has a reasonable and Mg/ak 415 articulable suspicion that someone has committed a crime. They briefly detain them. It turns out that the individual had not committed a crime, but maybe had committed a civil offense, they would not be liable under the bill before us because they had that reasonable, articulable suspicion of an underlying crime, which is why they conducted the Terry stop from the get go. I believe the protection that the ranking member is looking for is already baked into constitutional law and into the statute. I think putting the word good faith belief in here, would create a huge unintended consequence, Mr. Speaker, in that there is very well-defined criminal procedure law in our state and at the federal level of what reasonable or articulable suspicion means, how that is a lower standard than probable cause, how that applies in these types of circumstances. Good faith belief is not defined. It's not consistent with Fourth Amendment precedent, and I actually think would put the police officer in a more untenable position of trying to determine what good faith belief is or is not than the current Terry standard that already applies. So for that reason, I'd ask my colleagues to oppose the amendment. Mg/ak 416
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Howard for the second time.
Thank you, Mr. Speaker. We start talking about torts and all these other things and they're losing. But the Fourth Amendment and the Terry v. Ohio, that one I know. I feel the need to say this. If a police officer pull somebody over in violation of the Fourth Amendment and a violation of the president set and confirmed multiple times, under Terry v. Ohio, they've already done something wrong. The legislation before us says that they cannot detain that person near these protected or in these protected areas. What I'm trying to do is say -- let me see better about legislation before says. It says they can't detain in these sectors for civil offense. What I'm trying to do is say, in the example that I gave, a police officer gets a report that a disturbance has occurred or Mg/ak 417 there was a trespass, that is reason martigable suspicion to stop the vehicle that is leaving. That's been case law over and over again. Stops that officer. Under current law, the officer stops that person. That is unreasonable detention under the Constitution. That case has been heard numerous times. At the end of that, in fact, the determination is made that there was no criminal offense. The reasonable suspicion the officer had at the time makes a stop legal. Under current law, everything's good to go. If this passes, that detention in the protected area, if the officer happened to stop the car, becomes for only a civil offense, and I think it opens the officer to liability under this. And that's why I want to make sure that for civil purposes, which I think we use good faith police in other places as well, if the court agrees that the detention was legal on the Fourth Amendment based on what the officer knew, and at the time, the officer had no way of knowing it was only a civil offense, that he's relieved liability. That's what they're intending to do here. Thank you, Mr. Speaker.
Mg/ak 418 Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, will the staff and guests please come to the well of the House? Will the members please take your seats? The machine will be open.
The house of Representatives is voting by roll. Members to the chamber. The House of Representatives is voting by roll. Members to the chamber.
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked, and the Clerk will take the tally. And the Clerk will please announce the tally.
LCO 4696 designated House G: Mg/ak 419 Total number voting 150 Necessary for adoption 76 Those voting Yea 61 Those voting Nay 89 Absent not voting 1
The amendment fails. (gavel). Will you remark further on the bill before us? Will you remark further on the bill before us? Representative Howard.
Thank you, Mr. Speaker. Another question for the proponent. Looking at Section 9, this bill came to the Judiciary Committee. I don't remember that section being there. I tried to look around some of the other bills. I know we tend to put those together sometime. Can the chairman tell me where Section 9 came Mg/ak 420 from, if it was from another bill, or how it ended up in a strike-all. Through you, Mr. Speaker.
Representative Howard.
Yes, sir. I'm sure he appreciates the compliment, but through you to the good Chairman.
Representative Stafstrom. My apologies.
Thank you, Mr. Speaker. Mr. Speaker, I'm not that good looking. Mr. Speaker, this is a provision that relates to training with respect to law enforcement hours. I believe it is something that was not necessarily part of the underlying bill, but certainly during the public hearing process, we heard testimony from folks related to the lack of training by certain Mg/ak 421 federal law enforcement officers, particularly ICE officers. And I believe it was a provision that was added by the Senate. Through you.
Representative Howard.
Thank you, Mr. Speaker. So this particular language or any language substantially similar to this was not heard at public hearing. Is that correct? Through you.
Representative Stafstrom.
Through you, Mr. Speaker. I don't believe this exact language had a hearing, but as I said, we did have a very robust public hearing before the Judiciary Committee on immigration topics. And one of the topics that was brought up repeatedly by Mg/ak 422 folks at the hearing was the lack of training by law enforcement officers. Through you.
Representative Howard.
Thank you, Mr. Speaker. Does the chairman know if either the Connecticut Police Chiefs Association or police officer stands in training council has weighed in on this language. Through you, Mr. Speaker.
Representative Stafstrom.
Through you, Mr. Speaker, I do not know whether they've specifically weighed in, but certainly, we have been in touch with them with respect to a number of provisions of this bill. Mg/ak 423 And at least I have not heard vocal opposition to this particular provision. Through you.
Representative Howard.
Well, through you, has he heard support from them on this piece?
Representative Stafstrom.
Through you, Mr. Speaker. My understanding is the minimum of 480 hours of training was not just ripped out of thin air, but that that is actually the standard the post currently uses. So I think the thought here was to match up to current standards, and that's why that number was chosen. So I don't Mg/ak 424 know that that support, but I think it is a codification of existing policy with respect to post. Through you.
Representative Howard.
All right. My concern with this language is this. Again, I'll say we have a recruitment retention problem in the state of Connecticut for law enforcement. I think we've all agreed on that. We also have an affordability crisis for municipalities. If I've heard that once I've heard 10,000 times in the last three months. My concern is that this is going to negatively impact both of those things, and allow me to explain. Currently, what happens, state of Connecticut, is a young man or young woman, no one to serve you that young, but decides I would like to be a police officer. They apply to be a police officer. They're hired by municipality. We're in Hartford, say Hartford. The city of Hartford then sends that individual to a police academy. Mg/ak 425 Most police officers go to the police academy in Meriden, the post academy. Others bigger departments have their own. But the point is they go through training. The post training is nearly 1,000 hours because we have some of the most highly trained police officers here in the state of Connecticut in the country with the highest professional standards in the country, state of Connecticut. That's what we have. So the city Hartford, for example, sends that officer to the academy, say, for five or six months. For that five or six months, that police officer is getting paid. They're getting benefits. And they're not providing a measurable service to the community at that moment in time because they're in their training. Point of that is it costs the city a lot of money to get a police officer trained and on the road. Because after the academy is done, it's three months of field training before they can actually start filling shifts. All the while, while that's going on, there's open shifts in that municipality that are being backfilled by overtime, or maybe they're low, whatever the case may be. Mg/ak 426 The point is, it costs money. Also, people with families, like the the academy in Meriden is a boarding academy. You live there Monday through Friday. Well, if you have a wife or husband, some young children, that's difficult. So one of the best ways that our police departments in the state of Connecticut can increase their roles in the most cost-effective and efficient way is to attract what we call lateral officers that are police officers in other places, Massachusetts, Rhode Island, New York, and they come here. And it's great for the municipality and the officer when that happens. And the reason is because they don't have to go to that whole academy. So the officer loves it. They don't have to be away from their family five months, five days a week, including at night. And the municipality wins because that person's an already certified police officer, but they're not certified to our standards. So we run it through some comparative compliance. We take a look at their training records. What have they been trained in? How have they been trained? How does that marry up to what we do here in Connecticut? And then we say, okay. These are the places where you need to get trained in. And they Mg/ak 427 do a modified training, generally takes two, three, maybe four weeks instead of five months. They get the Connecticut training in conjunction with their previous training, and they get on the road. Got another officer on the road quicker. It's cost- effective to the municipality. It's attractive to lateral officers. We see that a lot, Mr. Speaker. Military police officers, veterans coming out of the military police, and they come here. And we take a look at their military training. Don't take long. It's all the same. Post knows what it looks like. And they tell them, hey, you're an you're an MP. These are things you need to hit. Couple of months, bam. You're done. You're on the road. Municipality wins. The veteran wins. Now, what this legislation does is it says that the council, being the post council, cannot waive any portion of the 1,000 hours that post requires unless the training that the individual had has at least 480 hours of training. So what that basically does is it means when a military police officer retires from the army or the navy, wherever they're in, and they want to become a police officer, the municipality has to pay now to send them to the entire academy, and that officer has to Mg/ak 428 leave his family again for five or six months while he completes the academy. That's going to be the effect of this. Now, I think that the effect of this or the intent is to say, look, we don't like what ICE is doing. So we don't want any ICE training to count towards becoming a police officer. If you're leaving ICE and you're coming here to be a cop, we want you trained 1,000 hours our way. I think that's what it's trying to do, but but I'm not sure. Maybe I'll pose that to the proponent. Is that what we're trying to do here, through you, Mr. Speaker.
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, what we're trying to do here is make sure that anyone who's coming in, whether that be an ICE officer or any other officer who's been trained in another jurisdiction coming into Connecticut, has received Mg/ak 429 substantially equivalent training of at least 480 hours. Through you, Mr. Speaker.
Representative Howard.
So under current law, and the way that post currently does this, is we already made the comparison. So I'm trying to determine where this number of 480 came from. If the chairman could help me out, where did that number 480 come from? Oh, through you. Sorry.
Representative Stafstrom.
Through you, Mr. Speaker, as I said, I believe the 480 is something that post already requires with respect to certain transfers in. Through you. Mg/ak 430
Representative Howard.
Mr. Speaker, that's not my understanding. And if it was, it would be current law. I think the ICE training is 480 hours. That's what I think. This is what becomes tough when we don't have the public hearing on language like this or substantially similar because I have two amendments. I can't run both at the same time, and I don't want to negotiate with the chairman here on the floor at 9:00 at night. But I'm left with no choice because I never saw this language until we got it in this strike call. I'm not going to run them both. I'm going to try to do one in the interest of efficiency. Because what I want to do is I want to run an amendment that basically eliminates ICE training from counting towards any of your Connecticut certification, but it allows our military police officers to count. That's what I'm going to try to strike here. And the Clerk is in possession of amendment, LCO Number 5004. I would ask for the Clerk to please Mg/ak 431 call the amendment and I be offered leave of the chamber to summarize.
Would the Clerk please call LCO 5004, which would be designated House Amendment Schedule H.
House Amendment Schedule H, LCO 5004, offered by Representative Fishbein, Representative Howard.
The Representatives seeks to leave the chamber to summarize the amendment. Is there objection? Hearing none, Representative Howard, you may proceed with summarization.
Thank you, Ms. Speaker. Quite simply, it changes Section 9 to strike what I think we're trying to do. I think what we're trying to do is say we don't like the tactics of ICE. We don't Mg/ak 432 like the training that the 10,000 ICE officers that have been hired in the last two years got. It doesn't meet Connecticut standards. So, therefore, if an ICE agent leaves that agency to come to be a police officer in Connecticut, they had to start from scratch. They have to learn everything from day 1 through day, whatever it is, 1,000 hours, all the Connecticut way. That's what this amendment will do. It'll, however, not box out our veterans that are military police officers that can use their less than 480 hours of relative training in that field, and they can get on the road faster in municipality. It'll save our municipalities money. It'll give our veterans immediate employment when they retire, and it'll benefit the limited ranks of law enforcement that we have in the state of Connecticut. I think that this amendment, Mr. Speaker, strikes a better balance. I'm doing my best in good faith to try to understand what the intent is here and try to strike that intent. So I'd move adoption. I would ask when the vote is taken, be taken by role. Thank you, Mr. Speaker. Mg/ak 433
The question before the chamber is adoption of House Amendment Schedule H. Will you remark further on this amendment? Will you remark on this amendment? Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, I'm going to oppose the amendment today, given certainly the late hour we are and where we are in the session. But I will say this, I am certainly happy to work with the ranking member of the Public Safety Committee on potential refinements going forward on language with respect to Connecticut National Guard, or military police if they are not currently receiving substantially equivalent training. I would think that at least some, if not all, the training that those officers are receiving is substantially equivalent to what post provides. But if it is not, then happy to work on that moving forward. But for today, I ask my colleagues to oppose the amendment. Mg/ak 434
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Yaccarino.
Thank you, Mr. Speaker. I stand in support of this amendment for men and women in the military. About 10 years ago, we did a MOS bill here for men and women that served in the military. They were qualified for different jobs, to come back to the states and do those jobs without going through two years of school because they've already done that. In the US military, when you're a military police officer or military police, you're trained not just for the US. You're trained to deal with people around the world for many different issues, many different conflicts, but also to deescalate issues. And that's the problem. ICE, I think, always had a good mission. I'm very disheartened what I've seen over the last year. So I do agree that they should have the same standards of Connecticut. And I've said it all the time. I want to live in a Mg/ak 435 country where I'll do the right thing. But this, for our men and women, is the right thing to do. I would argue, no disrespect to the local police, state police, they're probably trained at a much higher level. Like I said, they have to deal with issues around the whole world, embassies, diplomats, world leaders, civilizations that we can't really imagine, but they have to deal with this. So I do think it's a sensible amendment as long as they're qualified. If there's no cases against them, they should be assimilated into our local and state police. So I stand in support of this. And I want to thank the ranking member of Public Safety. I'm tired. Sorry. But thank you. I thank you for the good amendment. Thank you.
Thank you, Representative Yaccarino. Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, will staff and guests please come to the well of the House? Will members please take your seats? The machine will be open. Mg/ak 436
chamber. The House of Representatives is voting by roll. Members to the chamber.
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked, and the Clerk will take a tally. And the Clerk will please announce the tally.
House Amendment Schedule H, as amended. Total number voting 150 Necessary for adoption 76 Those voting Yea 58 Those voting Nay 92 Mg/ak 437 Absent not voting 1
The amendment fails. (gavel). Will you remark further on the bill before us? Will you remark further on the bill before us? Representative Howard.
I thought that one was going to pass. Thank you, Mr. Speaker. Can I ask the proponent of the of the bill another question? In line 1152 -- I'm just going to give my colleague a moment to get to line 1150 in the legislation. It talks about the policy needs to establish the distance described in Subdivision 5 of Sub D of Section 13. Can he explain to me what these distances are referring to? This is regarding the LPRs. Through you, Mr. Speaker.
Representative Stafstrom. Mg/ak 438
So, Mr. Speaker, if we go back to Section 13, D5, this is the distance from the certain premises which are enumerated in that section, including locations that provide gender-affirming health care services. Through you.
Representative Howard.
Thank you. I thank the chairman for helping me find that, the hour is late. My glasses are coming on and off. So am I to understand that we're trying to keep law enforcement or the -- shouldn't really be the officers so much as it is technology of theirs out of certain areas. Is that what we're trying to do there? Through you, Mr. Speaker.
Representative Stafstrom. Mg/ak 439
Yes. Through you, Mr. Speaker, I think what this is doing is it's saying that particularly with respect to the fixed LPRs, what distance should they be located away from these sensitive facilities. Obviously, there's going to have to be certain exceptions with respect to an LPR that may be mounted to a police car, et cetera, but that's going to be determined by post. For example, post may promulgate a policy that says, if the LPR is mounted to a police car, it can be within three feet of the building. But if it's mounted to a telephone pole, it has to be a 100 feet from the building. Through you.
Representative Howard.
Thank the good chairman for his answer. That's my recollection. I think I should say, I would like to commend the the chairs and the rankings of Judiciary Committee as well as Mg/ak 440 the CPCA and the ACLU or the chief proponents of the legislation on their continued good faith negotiations mediated or managed, if you will, by the ranking members and the chairs of the committee. I appreciate that ongoing work. What I don't like is this continued obsession with keeping police officers or police activity out of certain areas. And that was especially notable, as you heard one of my colleagues say earlier, in a bill that we passed earlier in session where we pass legislation that said that -- and I flagged it then, that in two of my towns, one of them, we do early voting in a community room within the police station. So for two weeks, it creates a problem because the officers come and go to their place of work within 250 feet of the polling location, which the language seems to prevent them from doing unless they get special permission from the moderator. My other town, the town halls directly next door to the police station where they do early voting at town hall. So it creates a problem. The other thing is, in that legislation, relevant to police officers and their proximity to certain protected areas and Mg/ak 441 locations, it said that a police officer can only go there off duty to vote or to express political expression. So if a police officer works in a town that he lives in and he's working day shift, and he expressed to be out at 4:00, and he's going to vote on his way home, and then the second shift person calls out sick and the officer gets ordered into work. So now he's on duty till midnight. Can't vote because he gets special permission. Superintendents going from school to school, he can swing in a vote while he's working. Town highway worker, swing in a vote while he's working. Postal worker, swing in a vote while he's working. The building inspector going around, he can swing in a vote while he's working. Everybody but the cops. Now, we've heard tonight that it's unconstitutional to have lost one group of people, everybody else. But we have that one. It also says in that same legislation, House Bill 5001, that police officers can go within 250 specifically when they're off duty and off duty with two specific purposes. One, to vote. Two, to express political expression. So my third town -- don't ever want to leave North Stonyton now. In my third town, the town's library is about a 150 feet away from the Mg/ak 442 building where they do early voting. So direct read of that language says an off duty police officer can't take his kid to a library for two weeks where early voting is going on. It's unconstitutional to treat anybody different. Oh, if that's the case, I think we fix it. We've heard it's unconstitutional. Let's take a shot at it. Let's fix it. You don't want a constitutional things to pass. Right, Mr. Speaker? Mr. Speaker, Clerk is in possession of amendment. It's LCO 5371. I would ask the Clerk to please call the amendment and I be granted leave of the chamber to summarize my final amendment of the day.
Thank you, Representative. Would the Clerk please call LCO 5371, which will be designated House Amendment Schedule?
House Amendment Schedule I, LCO Number 5371, offered by Representative Fishbein, Representative Howard. Mg/ak 443
The Representative seeks to leave the chamber to summarize the amendment. Is there objection to summarization? Is there objection? Hearing none, Representative Howard, you may proceed with summarization.
Thank you, Mr. Speaker. Again, this is my final amendment of the evening, and I certainly didn't want to leave out the former vice chair of the Judiciary Committee. What this amendment does is it fixes the three things I outlined. So in lines nine to 11 of the amendment, this amendment in this bill actually changed what we did in 5001. So it says that police officers can be within 250 feet and remain within their provided that their building is located within that same 250 feet. That alleviates a problem for early voting in Stonington. That alleviates problem for early voting in Leggett. The next thing that it does is it says that a police officer, off duty, can be within 250 feet of location provided Mg/ak 444 they're present at a place other than the election site. So that alleviates the library issue that I noted in North Stowington. It also allows an on duty police officer to go into a polling place provided that police officer is a registered voter there, and they're going there for the specific purpose to vote and leave. Now, we're treating everybody the same. And for that reason, Mr. Speaker, I think if we're going to try to be the same anywhere, it ought to be in voting. Very important. Everybody has the opportunity to vote. Mr. Speaker, I move adoption, and I ask them the vote be taken and be taken by roll. Thank you, Mr. Speaker.
The question before the chamber is adoption of House Amendment Schedule I. Will you remark on the amendment? Will you remark on the amendment? Representative Blumenthal.
Thank you, Mr. Speaker. I appreciate the sentiment of the amendment, and this is something that the ranking of the Public Mg/ak 445 Safety Committee and I have discussed broadly. However, for several reasons, I don't think that this amendment does the trick. It's overbroad. And while I'm glad to continue discussing the issue with him so that we can find something that will address his concerns, I don't think this does it, and would undermine the underlying bill. And for all those reasons, I urge my colleagues reject the amendment.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Yaccarino.
Yes. Thank you, Mr. Speaker. I support this. I probably have a question. But in North Haven, the 87th District, our police station is about 45 feet from one polling place and about 45 to 50 feet from our town hall, which you could have early voting in there. So how does that going to work? Are all our law Mg/ak 446 enforcement that most live in town and some vote at District 1 and many vote at the town hall during early voting. This will protect, give them the right to actually exercise their right. I did say I want no federal law enforcement out of polling places. I don't think it's appropriate. I feel it's just something I just can't accept. Law enforcement, of course, I think they should. So through you, Mr. Speaker, I'm not sure if it's a good proponent of the amendment or the chair of GAE. What about what happens in the North Haven police officers that work and live there? They're literally 45 feet from District 1 voting polling place. Through you.
Thank you, Representative. Representative Blumenthal.
Through you, Mr. Speaker, there's a variety of exceptions under the current bill. And specifically, first of all, if they obtain the permission of the moderator or the secretary of the state to be there, then they have the ability to be there Mg/ak 447 regardless of everything else in the bill. And so that's the main exception that that would apply. There are also exceptions for transiting in between for being at one's residence and being off duty. Certainly, it may be possible to clarify a piece of those, but I think that, ultimately, if you have a police building that's near a voting site, the moderator is going to give the local police the ability to be there, the permission to be there. And under those circumstances, they would have every right to be there, and the underlying bill would not affect them. Through you.
Thank you, Representative. Representative Yaccarino.
I appreciate that. I find it a little cumbersome for our law enforcement, but it is what it is. So what I think the amendment is trying to do is give those men and women the right to just go to work every day without getting permission from the Mg/ak 448 moderator, walk across street to go to the annex if they have to deliver something without the permission of the moderator. I believe that's what the amendment is trying to do. Through you, Mr. Speaker.
Representative Blumenthal.
I believe that question was on the amendment, so perhaps Representative Howard would be a better person to answer it.
Representative Howard.
Thank you, Mr. Speaker, and thank you my colleagues for the dialogue. Yes. The amendment is seeking to do just that, is to create the legislation so that police officers don't have to get permission from a moderator to go to work. They don't have to Mg/ak 449 get permission from a moderator to vote. They don't have to get permission to a moderator to go to some place in their community that happens to be within 250 feet of polling place. Through you, Mr. Speaker.
Representative Yaccarino.
I appreciate that. One last thing. So every day for 14 days, does a moderator have to walk over to the North Haven Police Department in the town hall to get permission, or they just have to give it one time? Through Mr. Speaker.
Representative Blumenthal.
Mg/ak 450 Thank you, Mr. Speaker. Through you, the moderator or the secretary of the state could give permission to an entire police agency for the entire voting period, just the one time.
Representative Yaccarino.
Thank you. I'm done with my questioning, but I support the amendment. Thank you.
Thank you, Representative. Representative Nuccio.
Thank you, Mr. Speaker. So, again, I find myself rising in support of this amendment. And I ask my friends on the other side of the aisle, who I've had great many of conversations with, who know me, and I know them. Again, I want to reiterate Mg/ak 451 that for all of our elections, our special elections, we have a referendum coming up on May 5th. Our resident trooper's office is in the same building as our library. Literally the same building as the library ends, there is the resident trooper's office. So am I to understand then that a moderator has to give the police, the state troopers, permission to be in the office on the day of an election, sir? Through you.
Representative Blumenthal.
I'm sorry. Could the Representative please repeat the question?
Representative, can you please repeat the question?
Mg/ak 452 Absolutely. Based off of what the good Representative just said, what you're saying is the bill that we passed out of here, then a moderator has to give permission for my resident troopers to actually go into the office and work that day. Sir, through you.
Thank you, Representative. Representative Blumenthal.
Through you, Mr. Speaker, that is one of the exceptions that would apply. The moderator or the secretary of the state could give the police agency, so the entire state police or that specific office the permission to go within the 250 feet. They obviously would have the exit and circumstances exception, a number of other exceptions that would apply. Through you.
Representative Nuccio. Mg/ak 453
Through you, sir. Could you maybe explain a little bit of how moderators get selected, who they are? And this is great power. So I'd like to understand a little bit about the moderator who would be able to make that determination that my literal resident troopers, all of them cannot come into the office for the day. Sir, through you.
Representative Blumenthal.
Through you, Mr. Speaker. They're generally appointed by the local town registrars of the municipality. And in addition to the moderators, as I said, secretary of the state can instruct and order moderators or overrule moderators on certain matters, including this one. So if, for whatever reason, a moderator were recalcitrant, secretary of the state could instruct them as well. Through you. Mg/ak 454
Representative Nuccio.
So I would honestly think moderators are appointed by registrar's. Registrar's are political people. I know a whole heck of a lot of people who just don't like the police, not even mentioning the people in the building. Don't like the police. So a moderator gets to decide the safety on the day. And again, I guess I'm just confounded that we have a troop of police, their office, where they are. They have to get permission from a moderator who is not even an elected official, or his total could be totally partisan to come into work. Where are they supposed to go for the day, sir? I'll tell you. It's confounding to me. Is there not a way for us to just exempt them from this? Whether it's the secretary of state, you're again asking a political member, a political party who has their own political bias to determine whether or not an agency, that is an agency of the state of Connecticut, it is part of the executive branch here. They cannot come into work because of a law that we Mg/ak 455 passed. How do we write a law that says the police are not allowed to do that? Sir, through you.
Representative Blumenthal.
Through you, Mr. Speaker. It's actually pretty much existing law because under existing Connecticut law, police may not go to the property of an election site without permission of the moderator. In fact, unless they're requested by the moderator. And so while this does extend it an additional number of feet, usually not that much because usually these election sites are on school property or something like that, which extends beyond 250 feet from the site. This is just a normal practice that happens every election period in our state. There's nothing changing here. Through you.
Representative Nuccio. Mg/ak 456
I will beg to differ on that just because, again, my state police go to work when we have elections, and they've been at the polls for us for many years just to make sure things go well. you know what, this is an existing law. I don't know how they're doing their job if now we're telling them they can't. But either way, I stand in support of this amendment. And again, I stand in support of our state and local police, and I think that this is something that we should all support. Thank you, sir.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? Representative Buckbee.
Good evening, Mr. Speaker. How are you doing this evening?
Mg/ak 457 I'm outstanding, sir. How are you?
You are outstanding, sir. Thank you so much for your work up there. I have a brief couple of comments. I don't want to be long, but on rare occasion, we hear things in this room that are two big words, are common sense. And one of the most uncommon things these days, Mr. Speaker, is common sense. We've heard some great amendments tonight, and I get it. Some of it falls on the political ear and political platform, but this -- why would we want to put more work on a moderator? I don't know if anyone in this room has been a moderator. I was head moderator in my town. Last thing I wanted to worry about is can my police come in? I have a lot of other stuff going on. Secretary of state's busy. I don't know if you've been around secretary of state during election time, Mr. Speaker. She's busy down there. The last thing she should have to worry about, we can do this very simple, very easy. It's not existing law. We've already been through that. Why don't we take a little common sense? Because all I can think of this entire time I'm Mg/ak 458 listening to this debate, Mr. Speaker, I haven't said this much this year. What are we doing? This is common sense. It's very simple. We pass it now. We don't have to worry about bothering secretary of state, trying to get a hold of the moderator while they're trying to set up those moderators, underpaid, overworked, all over the place. Why don't we just do it here and do it now? We have people who have been in the moderator seat telling us. We have police officers telling us where they are. We have boots on the ground, real people telling us what's going on. Why don't we listen to the people who know what's going on, Mr. Speaker? It's a good bill. It's common sense. I really hope this doesn't fall under the political nonsense that we see around here. I thank the good proponent of this amendment. It's a solid piece of legislation. Let's just pass this one and get it through. Thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on their amendment Mg/ak 459 before us? If not, will staff and guests please come to the well of the House? Will members please take your seats? The machine will be open.
The House of Representatives is voting by roll. Members to the chamber. The House of Representatives is voting by roll. Members to the chamber.
Have all members voted? Have all members voted? Will members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked, and the Clerk will take a tally. And the Clerk will please announce the tally.
House Amendment Schedule I, as amended: Total number voting 150 Mg/ak 460 Necessary for adoption 76 Those voting Yea 64 Those voting Nay 86 Absent not voting 1
The amendment fails. (gavel)
Will you remark further on the bill before us? Will you remark further on the bill before us? Representative Howard.
Thank you, Mr. Speaker. I was hoping we could at least vote to allow police officers to cast votes in their election. This here was some substantial conversation earlier about videotaping and the police officer, whether it was intentional or not intentional. Mg/ak 461 And I think that that whole section of the bill is relevant to what we're seeing now in our country and around our state where everybody's recording everything. And I think a lot of these people record things for their own social media channels, YouTube, Instagram, all the other social media things. I'm not going to try to list them all. I'll say them wrong. And I'm sure my sons are watching intently and say, dad, you said the wrong thing and make fun of me. Mr. Speaker, earlier, I talked about the troubles that police officers have with the trauma they experience, the demoralization of the profession in the media and in other places. And in short, being a cop is tough today. It's tough, real tough, tougher than it's ever been. And I think we could do something to help a little bit with the police officers because one of the trends that we're seeing, like we talk about the video, the videotaping here in the bill, one of the trends that we're seeing is we're seeing people taking their video cameras and walking up to police officers who are otherwise minding their own business with its sole intent of harassing the officer and catching on video. Mg/ak 462 So you got an officer parked in a commuter parking lot. He's eating his lunch. He's not doing anything. Somebody walks up to him with a video camera not to report a crime, not to ask for directions, not to ask the best place to eat or where the closest bathroom or gas station is, which actually used to happen a lot more than it does now because of GPS, not to ask for any assistance, but to simply harass and annoy the officer. Walk up to him and say, hey. Wait. What are you doing here? Which badge number? Where have you been today? Where are you going? Or they ask him a question, and the officer answered him proudly, and they say, oh, good boy. And they put it on video. It's not illegal. Officers shouldn't be treated like that. They're human beings, and we lose track of that, not on purpose. Every one of my colleagues in this building, everybody in the world knows every cop is a natural human being. I think we lose track of the fact that they're human beings who face a lot of trauma in everyday life, negative human interaction, not because of them, but because the individual that to deal with, they should have to deal with this extra stuff. Mg/ak 463 So, Mr. Speaker, I think that we could pass a law today. If we're talking about protecting individuals who are recording police officers, the performance of their duties, then we can pass a law that protects police officers for being intentionally harassed for purposes of being videotaped. Clerk is in possession of amendment LCO 4748. I would ask the Clerk to please call the amendment and I be offered leave of the chamber to summarize.
Will the Clerk please call LCO 4748, which will be designated House Amendment Scheduled J.
House Amendment Scheduled J, LCO Number 4748 offered by Representative Fishbein, Representative Howard.
The Representative seeks leave of the chamber to summarize the amendment. Is there objection to summarization? Is there Mg/ak 464 objection? Hearing none, Representative Howard, you may proceed with summarization.
Thank you, Mr. Speaker. And I neglected to mention earlier. My apologies to you and to my colleagues. I said my last one was the last. I got a little bit disorganized in the paper. I apologize. This is the last one. So my apologies to you for that. What this amendment does, it creates a new Class B misdemeanor similar to a breach of peace or disorderly conduct for people who intentionally harass police officers. And the elements of that crime are very specific. It requires that the individual approach the police officer. That's first of all, that the individual initiat the contact. This is not prevent people from recording police officers who are doing their job and the performance of their duties. It doesn't prevent anybody from recording the police may get pulled over, detained on the road or interviewed otherwise. Mg/ak 465 It makes it a crime of somebody initiate the contact with the sole purpose of harassing the officer or initiates a contact with the purpose and intent to cause inconvenience or annoyance or alarm to the officer and directs tumultuous or offensive behavior toward that police officer. I want to mention something else. It's very specific where it defines police officer. It defines a police officer in 7- 294a. That's an actual police officer certified by post. That won't include any federal agencies. So no federal officer can be a victim of this crime. Only our state, local police, college police officers, DMV enforcement, et cetera, that are certified by post. It makes it a B misdemeanor. I think this is a good piece of legislation. I'm happy to report that this does create a new crime, but this bill has already gone to the Judiciary Committee. Should be no problem there. And for that reason, Mr. Speaker, I move adoption. I ask that the vote be taken and be taken by roll. Thank you, Mr. Speaker.
Mg/ak 466 Thank you, Representative. The question before the chamber is adoption of House Amendment Schedule J. Will you remark further on the amendment? Will you remark on the amendment? Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, just a brief question to the proponent of the amendment if I could.
Representative Howard, please prepare yourself. Representative Stafstrom.
Thank you. Mr. Speaker, what is the definition of inconveniencing a police officer? Through you.
Representative Howard. Mg/ak 467
Mr. Speaker, through you, that language is found in 53a-181 and 182 of the Connecticut General Statutes in good with intent to cause inconvenience, annoyance, or alarm. So it's a would be the same as the previous interpretations for those particular crime. Through you.
Representative Stafstrom.
So, Mr. Speaker, if a police officer is out of his cruiser, he's walking into a gas station maybe to use the restroom, and I stop him and ask him for directions back to the highway. Does that count as inconveniencing the police officer who has to go to the bathroom? Through you.
Representative Howard.. Mg/ak 468
Through you, Mr. Speaker, first of all, I don't know that it would inconvenience them. But more notably, the intent would not be inconvenience. The intent in that case would be to get directions from a public servant. As I said in my summarization, that would not fit the corpus lactate of the crime. You wouldn't be guilty of it because your intent is clear. Your intent is not to inconvenience or annoy or harass the officer. Your intent was to ask a public servant for directions. That would not be a crime. Through you.
Representative Stafstrom.
Thank you, Mr. Speaker. Mr. Speaker, what if my intent, though, was, I saw the police officer coming in. I knew he had to use the bathroom, but my son was on his way to use the bathroom, and I was trying to slow down the police officer so Mg/ak 469 that my son would get in front of him in the bathroom line first. Would that count as intentionally inconveniencing the police officer? Through you.
Representative Howard.
Thank you, Mr. Speaker. I didn't call you any names. But through you to the good chairman, Representative Stafstrom, I would say no. And the answer to that is, again, with the fact pattern given, the intent was to get his son to the bathroom, which I would like to say that any police officer in the state of Connecticut would allow a young child who needs to use the bathroom to use ahead of him. It would not be inconvenienced by that at all because our police officer in Connecticut are the best of the best. Thank you, Mr. Speaker. Through you.
Representative Stafstrom. Mg/ak 470
Thank you, Mr. Speaker. Mr. Speaker, I know the hour is getting late. I could continue to go on this. Look. I think the terms inconvenience and annoyance in this language are very subjective. I think the term tumultuous is pretty subjective and undefined. I think, as the proponent of the amendment pointed out, there are already a number of crimes on the books that I think would cover the circumstance that he's concerned about, including interfering with a police officer, breach of peace, disorderly conduct, harassment, et cetera. I think adding this additional statute on top of it just creates confusion in the penal code. And I think given the undefined language here, I'd ask my colleagues to oppose this language as written. Thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the amendment before us? Will you remark further on the amendment before us? If not, will staff and guests please come to the well of the House? Will members please take your seats? The machine will be open. Mg/ak 471
The House of Representatives is voting by roll. Members to the chamber. The House of Representatives is voting by roll. Members to the chamber.
Have all members voted? Have all members voted? Will the members please check the board to determine if your vote is properly cast? If all the members have voted, the machine will be locked. And the Clerk will take a tally. And the Clerk will announce the tally.
House Amendment Scheduled J, as amended: Total number voting 150 Necessary for adoption 76 Those voting Yea 57 Those voting Nay 93 Mg/ak 472 Absent not voting 1
The amendment fails. (gavel). Will you remark further on the bill before us? Will you remark further on the bill before us? Representative Polletta.
Thank you, Mr. Speaker. Good evening.
Good evening, Representative.
Mr. Speaker, I've been listening to the debate, and I realize this has been a long one. And I thank my good friend and colleague from the town of Stonington for bringing out a number of amendments that I believe were crucial and pertinent to making the bill more palatable, particularly for those folks on this side of the aisle. Mg/ak 473 I was here in 2020 when we passed a police accountability bill. It was a knee jerk reaction then. And since, we have seen a decrease in those that would like to sign up to be a law enforcement officer here in the state of Connecticut. We are down some 1,000 officers in the state of Connecticut. That's affecting public safety. Up and down our borders, we are seeing wrong way drivers. We're seeing violent crime. We're seeing murders. We're seeing robberies and much more. That's concerning. My district is watertown but borders -- actually, I represent part of the city of Waterbury. And you can't pick up the newspaper on any given day, the Republican American in the city of Waterbury, and not hear of some violent crime that has happened on the streets or in the surrounding towns. That is an extremely, extremely concerning fact that is happening. This is not fiction. It's fact. Violent crime is up in Connecticut. People are scared. We need to support law enforcement and show them that we are on their side. This bill doesn't do that. This bill weakens our commitment to law enforcement. Not only does this bill breach federal law, it Mg/ak 474 basically puts our law enforcement officers in a very compromising situation. Now, my good colleague from New Caanan did mention ICE is imperfect. No one's perfect in this world, and we should hold those accountable that are not perfect. But this bill goes a step too far. And it not only compromises our safety, but in my opinion, it is going to jeopardize our standing with the federal government. And through you, Mr. Speaker, I have a number of questions to the proponent of the bill.
You may proceed.
Thank you, Mr. Speaker. My first question, through you, to the proponent of the bill. Recently, the state of Connecticut was sued by the Department of Justice in Washington DC. The state of Connecticut was named as well as the City of New Haven. And through you, Mr. Speaker, does this policy in any way, shape, or form impact that lawsuit? Through you, Mr. Speaker. Mg/ak 475
Representative Stafstrom.
I don't believe so. Through you.
Representative Polletta.
And I think the good proponent for his answer, but he said I don't think so. So that isn't necessarily an answer that I was hoping for. Think is a interesting word to use here. When we're getting sued by the federal government, I take that somewhat seriously. So when I hear that, I don't think that it's going to impact us, it's pretty concerning to me. My opinion is that it's going to impact us. My opinion is that this policy will be challenged in court. But more importantly, it's going to impact us in the existing lawsuit Mg/ak 476 that the Department of Justice has brought against the state of Connecticut. And through you, Mr. Speaker, to the proponent of the bill. Will this policy in any way, shape, or form impact our ability to receive crucial federal funding? Through you.
Representative Stafstrom.
Again, Mr. Speaker, I do not believe so. I would submit that the lawsuit that has been filed is frankly a partisan attack by a weaponized Department of Justice. The Tenth Amendment and our state constitution fully permits us to undertake the actions undertaken in this bill. Through you.
Representative Polletta.
Mg/ak 477 And I think the proponent for his answer. I do realize he framed it as a partisan lawsuit. We have had a number of lawsuits here in the state of Connecticut suing the federal government on a number of different policies. So when we talk about federal lawsuits impacting the state of Connecticut, it certainly goes both ways. We have seen our attorney general sue the Trump administration. We've also seen the Department of Justice sue the state of Connecticut. So I wouldn't necessarily categorize them as all political because I actually believe some of them have been adjudicated in one in the court system. So I think that's important to know. But back to my original question regarding federal funding. We've heard time and time again here in this building that we are at risk of losing federal funding. My belief and the belief of many people here is that one thing that will impact our federal funding are our policies here in the state of Connecticut. Undoubtedly, the actions, the bills, the things that we do in this building will impact our ability to receive crucial Mg/ak 478 federal funds. So, since the second Trump administration, we have heard repeatedly that we've lost federal funds. I happen to sit on the Finance Committee. That hasn't been the case. As a matter of fact, we had a consensus revenue briefing today in which we're actually going to receive upwards of a $130 million in increased federal funding next year. So that's pretty interesting. I think should be brought out to light even at this late hour. So I would hate to jeopardize that $130 million increase or any other federal funds that are coming to the state of Connecticut. Why? Because the things we pass in this building can easily negate that money. That's crucial money. That's money that could be going to our nonprofits. That's money that could be going to lower property taxes. That's money that could be going in the pockets of our residents and taxpayers here in the state of Connecticut. So I am extremely fearful and I am leery that this bill will impact our ability to tap into crucial federal funds. So when we turn around and we make a comment like, hey, we're concerned about losing federal funds. The first thing we need to do is examine our federal policy here in the state of Mg/ak 479 Connecticut. Passing a bill that directly negates or goes against the policy coming out of DC, I don't think is a good start, and I actually think it jeopardizes our funds down the line. I mentioned before that we are down about 1,000 law enforcement officers here in the state of Connecticut. And again, it goes back to priorities. It goes back to where we want to be as a state and what message we want to send to those men and women that are protecting us here in the state of Connecticut. There are probably different ways to achieve this goal. And I don't fault the proponent of the bill, and I applaud the ranking members and others that tried to make this bill a little more palatable. And I understand that we should hold those accountable, that might act in an unjust way. I agree with that. But what I'm fearful about with this piece of legislation is that we have some unintended consequences here. Not only as it relates to federal funding, but as it relates to our retention and recruitment of our law enforcement officers and public safety officers across the state of Connecticut. Mg/ak 480 I want nothing more than to make sure that Connecticut is a safe place to live, work, and raise a family. I also want Connecticut to be an affordable place to live, to work, and to raise a family. Losing federal funds makes us less affordable. Having less law enforcement makes us less safe. The things people care about the most in the state that they want to feel safe and they want to afford to live here. Those are the top two things, poll after poll. People want affordability and they want public safety. Right now, we're lagging in both of those categories. We might have different ways to get there, but I think we have the same goals. This bill is certainly not a way that I can support to get to public safety. I don't think it gets us there. I actually think it makes us less safe. I think it's going to make those law enforcement officers think twice before they act. My good colleague from Tallinn mentioned before about the lawsuits that were brought or not brought perhaps against law enforcement individuals because of that police accountability bill. How about all the ones that haven't been reported because the police officers were scared to act? Because they were fearful that they were going to lose their house? Because Mg/ak 481 perhaps they were fearful they were going to lose their life savings. I had a friend who passed away who was a a retired a detective in the town of Watertown for 43 years. And he used to talk to me about the element of the unknown. Meaning, when you're a police officer, and my good colleague from Stonington mentioned it, you're running into a situation where you just don't know what you're going to encounter. You can encounter a violent individual. You can encounter a suicidal individual. You can encounter something that will forever change your life. Signing up for that profession and going to work each and every day, knowing that one act, one split second decision could perhaps make you lose your house or your life savings, everything your family worked for. That's concerning. So when we put an amendment on the bill to restore qualified immunity and send a message to our law enforcement that we're serious and we want to recruit and retain them, the majority of this place voted it down. Why? I would venture to guess that 95% of the people in this room talk to the -- well, actually, it's probably a 100%, but I'm going to say most people in this room love to talk to their constituents in their district. Mg/ak 482 Ask them a question. Do a more or less public safety in your town. I don't care where you live. Could be a small town. It could be a city north, south, east and west all over Connecticut. I would venture to guess every single person wants to feel safe in their community and in their homes. Guess what? This bill doesn't get us there. It's again what we did in 2020, a knee jerk reaction. We're punishing the people that protect us day in and day out. We're telling them that they can't do their job. What kind of message do we want to send them? What kind of message do we want to send to our communities telling these folks that you can't do your job. And as it relates to immigration, my colleagues talked about some of the violent crime of those that are here that are undocumented, that have perhaps committed some of the worst crimes that we've heard. Now, I think it's fair because I'm a fair person to say that people that are here legally commit those crimes as well. So we can't just say it's only those that are here illegally. But what we should be cognizant of the fact is that we need a system that works. We need to hold those people accountable as well. Just like when we passed the law in 2020, we said we were going to Mg/ak 483 hold police officers accountable if they didn't do their job correctly. We should hold those that are here legally accountable, and there should be ramifications for their actions. The ramifications come from the federal government. The ramifications comes from these officers. So are there officers that act beyond their duty? Maybe in an unjust way? Absolutely. And they should be held accountable, 100%. But I have to believe, just like teachers and doctors and police officers and firefighters and even politicians, the vast majority of them are good people. They go to work every day, and they want to do their job for the betterment of their community. It's their living. So, to pass legislation and try to cast everyone in one net is unfair, and I don't think it gets us to the goal of this bill. So, I wish it was thought out a little further. I wish we could put a pause on this bill, go back to the drawing board and think about better ways to achieve the goal that the chair talked about in his opening remarks. I think we could do it together. I think we could get bipartisan support. I think my colleague from Wallingford and Stonington laid out different areas of this bill that we could Mg/ak 484 achieve common ground on and then move forward in a bipartisan way for a safer Connecticut. We could do that. We don't need to pass this bill at 10:07 on a Thursday night with partisan politics. That's not what people send us up here to do. They send us up here to work together. They send us up here for results. They want public safety. Let's go back to the drawing board and work this bill out, work the kinks out in a bipartisan way and pass it, get it back up to the Senate, and send it to the Governor's desk in a bipartisan way. Thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the bill before us? Will you remark further on the bill before us? Representative Ditria.
Thank you, Mr. Speaker. I rise just for a couple comments on the bill. Mg/ak 485
You may proceed.
Thank you. And through you, Mr. Speaker, you heard a lot of comments tonight, many amendments that would have made this bill better. But unfortunately, they all went by the wayside. I do rise in strong opposition to this bill here today because, Mr. Speaker, as the wife of retired police officer, I know what it means for him to put on that badge and walk into uncertainty every day. This bill doesn't support police officers. It undermines them. It exposes law enforcement to criminal charges and lawsuits just for doing their job. And what's their job? Their job is to protect each and every one of us every day. But we're telling them enforce the law, but be prepared to be punished for it. It also creates this so called protected areas where police cannot act without a warrant even when time matters. Time matters. Criminals aren't going to hesitate. So, why, why are we Mg/ak 486 asking our police officers to do that? That's not accountability. It's not. That's tying the hands of law enforcement. And Mr. Speaker, it's not about being a Republican or Democrat. It's about keeping people safe at a time when families want to feel safe in their communities. This bill sends the wrong message to both the public and to those who protect them every day. We should be standing with our law enforcement officers, not putting a target on their backs. This bill goes too far and puts public safety at risk. I urge you to think long and hard before you press that button here today. Thank you, Mr. Speaker.
Thank you, Representative. Will you remark further on the bill before us. Will your remark further on the bill before us? Representative Callahan.
Mg/ak 487 Thank you, Mr. Speaker. I'll be brief. We've all been sitting here a long time listening. I've listened to the entire debate, and I appreciate some of the amendments to try and make this better, although they didn't get through. As most of you know, I worked in law enforcement with probation. One of the things we did is we went in the field a lot. We went to people's houses. We went to our lovely immigrant community. And what I heard there is they don't want the bad actors there either. And it seems like this bill, it just wants to protect the people that are breaking the law. We heard earlier, we hearken back to the days of Obama. Well, don't forget, he gave Tom Homan an award in 2015 for deporting 3 million people. And now since we have a different president, it's all bad. And he's only deported a fraction of that, but that's not the point. The point is here, we have a bill that is telling the state. The state's trying to tell the federal law enforcement what they can and can't do. And in the course of doing that, they've lumped in our local and state law enforcement. We've lumped in to fine people that are standing outside this door to protect us, and it going to make their job harder. Mg/ak 488 When it comes to the chaos that's in the street, years ago before the Trust Act was passed and enhanced, law enforcement could contact ICE and they could serve their warrants in a protected area or a controlled environment. Now, with these Trust Acts in Minnesota and other states, it's driven into the streets. So, it seems there's a problem with, yes, the SUV rolls up and grabs someone, but they could have taken them behind closed doors, but this chaos has been caused. The chaos is further caused by what's in this bill by making it more of a crime when law enforcement's trying to do their job and someone's in their face with a camera, and that just puts more people in danger and puts our law enforcement in danger. If, in fact, there's these protected areas and federal officers are going to go into them, who's going to go and arrest a federal officer if they go into one of these protected areas to do their job? Nobody. It's getting kind of hard to hear. I can't hear. There's no doubt this is an emotional issue, Mr. Speaker. But it's an emotional issue that continues to be caused by legislation that we pass, and it's not fair. If you go back to the California Mg/ak 489 Supreme Court case, the Ninth Circuit Court case that was just passed, it clearly says this is out of line. So, it's just, I think we're passing more laws to protect people who are committing crimes, and I think this is the wrong thing to do. I think it's more of a political move than anything to show how much they hate this president. But it's the right thing to do to protect our legal citizens and our legal immigrants to make this place better. Right now, all this does is hurt our local law enforcement because federal supremacy is going to discard the rest of it because it can't be enforced. You can't tell the federal government what their agents can wear and what they can do. This is going to be just thrown out the window. The people it's going to affect are the people that are protecting us outside this door and protecting us on the way home. So, this is bad legislation, and it's going to do nothing more than make the people of Connecticut less safe. Thank you, Mr. Speaker.
Mg/ak 490 Thank you, Representative. Will you remark further on the bill before us? Will you remark further on the bill before us? Representative Hoxha.
Thank you, Mr. Speaker. Just a few comments on the bill, through you, if I may.
You may proceed, sir.
Thank you, sir. I'm going to make some comments very similar to my colleagues on my side of the aisle. Unfortunately, I wish, you know, we had more of a consensus around this bill. I want to start off by saying that our party, the Republicans, conservatives, we are not against immigration. We are against illegal immigration, the same way anybody should be against anything illegal. Mg/ak 491 I came to this country as an immigrant myself back in 1996. I was just three and a half years old. I had no idea what was going on. One day, from what I've been told, we were awarded legal entrance into the United States via the Visa Diversity Lottery program from my native Albania. We chose to do it the right way because at the end of the day, you don't want to start your new life on the wrong foot. We were fortunate enough to win the lottery to come here. That did not make us any better or worse than anyone else. So, the point that I'm trying to make here is that I do not think ill, nor do I think I am better than anyone really. Some have chosen to come here the illegal way and now have to face the consequences, unfortunately. This bill will hinder that, I'm sorry, will hinder the ability of ICE agents to do their job. And that's all they're doing. They're just doing their job. They're not judging these people. So, I wanted to keep my comments brief on this and just share that story because I want to illustrate the example that there's a right way and a wrong way to do something. And for those that choose to do it the wrong way, unfortunately, we are going to have to enforce the law on them. Mg/ak 492 And regardless of what bill we pass here today, federal law will supersede. So, not only is this bill not a good bill on its face, but it's also, I believe, not enforceable from what I've been told. So, with that, Mr. Speaker, that's all I have on this. Thank you very much.
Thank you, Representative. Will you remark further on the bill before us? Will you remark further on the bill before us? If not -- Will the chamber please stand at ease?
The chamber will come back to order, and I'm going to call on the Majority Leader, Representative Rojas.
Thank you very much, Mr. Speaker. Prior to making my motion, I just want to make clear we're going to be ending our evening here tonight, but we will begin our day tomorrow with Mg/ak 493 the legislation that's on the board. And with that, I move we pass this bill temporarily.
Thank you. So ordered without objection. (gavel) I'll turn to Representative Yaccarino. I think we're coming in at 11:00 tomorrow as our start time. Officially, 11:00 tomorrow. I do believe if you're on finance, you do have revenue estimates prior to that. Representative Yaccarino.
Yes, Mr. Speaker. Members missed votes as noted. And have a safe trip home, everybody. Thank you.
Thank you. Representative McGee.
Mg/ak 494 Thank you, Mr. Speaker. The Clerk is in possession of list of members who missed votes and reasons why. Good night, everyone.
Thank you, madam. Any business on the Clerk's desk, by the way? No. Mr. Majority Leader? No business. Yeah.
Thank you. I move we immediately transmit all items requiring further action to the Senate.
Without objection, so ordered.
And I also move we adjourn, subject to the call of the Chair.
Mg/ak 495 Without objection, so ordered. (gavel) We'll see everybody tomorrow at 11:00. (On motion of Representative Rojas of the 9th District, the House adjourned at 11:02 o’clock p.m., to meet again at the Call of the Chair.) Mg/ak 496 CERTIFICATE I hereby certify that the preceding 495 pages is a complete and accurate transcription of a digital sound recording of the House Proceedings on Thursday, April 30, 2026. I further certify that this digital sound recording was transcribed by the word processing department employees of Datagain, under my direction. Kanchan Mutreja Datagain 1 Creekside Court Secaucus, NJ 07094