April 23, 2026 · 81,120 words · 20 speakers · 647 segments
Good morning. Will the Senate please come to order? Members and guests, please rise and direct your attention to Chaplain Zabel, who will lead us in prayer.
We ask that each day we have the patience to understand those who disagree with us, sensitivity to the needs of others, and the prudence to make decisions which work toward the common good. Amen.
Thank you. Senator Maroney, would you please lead us in the Pledge of Allegiance?
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.
Thank you, Senator. Senator Duff. pg/rr 2
Thank you, Mr. President. Mr. President, good morning. Good to see you today.
Good to see you.
Mr. President, is the clerk who has Senate Agenda 1 on his desk.
The clerk is in possession of Senate Agenda Number 1 dated Thursday, April 23rd, 2026. Senator Duff.
Thank you, Mr. President. Mr. President, I move all items on Senate Agenda Number 1 dated Thursday, April 23rd, 2026. The act upon is indicated that the agenda be incorporated by reference in Senate journals and transcripts.
Thank you, Senator Duff.
Thank you, Mr. President. Mr. President, for our two items today on calendar page 51, calendar 196, substitute for Senate Bill Number 4, I'd like to mark that item go.
So ordered. pg/rr 3 CONNECTICUT GENERAL ASSEMBLY No. 1 Regular Session
HOUSE BILL(S) FAVORABLY REPORTED – to be tabled for the calendar.
SUBST. HB NO. 5044 AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. (As amended by House Amendment Schedules "A" (LCO 4191) "B" (LCO 4424))
Thank you, Mr. President. And our number 2 item asked for suspension on Senate Agenda Number 1, substitute for House Bill 5044. I'd like to mark that item go, please.
So ordered. Thank you, Senator Duff.
Thank you, Mr. President. And Mr. President, I yield pg/rr 4 to the clerk. Oh, I'm sorry. Senator Maroney and Senator Gordon has guests, I guess. Thank you.
Senator Maroney.
Good morning, Mr. President. I rise for the purposes of an introduction.
Please proceed.
Good morning, Mr. President. I'm very proud to welcome to the chamber today two members of Milford team, MOJO, our first robotics team in Milford, Kush and Travis. They are the mechanical and electrical leads for the team. It's the sixth year of the team, and they have built their best robot yet, which is exciting is that Stephen Nichols, who is our tech fellow, came out to talk to them, and he also participated in FIRST Robotics, and that led him to his career as an electrical engineer, which led him here. So I hope that doesn't scare you away from continuing down that pathway. But if we could give them a warm Chamber welcome, I would be very grateful. [applause]
All right. Thank you, Senator. Senator Gordon.
Good morning, Mr. President. Thank you. pg/rr 5
Good morning.
I rise for a point of personal privilege.
Please proceed.
Thank you. I'm happy and proud to introduce to my colleagues, Thomas Rooney. He's a senior at the University of New Haven, majoring in Homeland Security and Emergency Management. He's been interning with me this year, doing a phenomenal job, and I appreciate very much the work that you've been doing. And I hope that you've learned an awful lot, good and bad, about stuff here. But he's been a great part of my team this legislative session. I wish him all the best in his future endeavors when he's done with the University of New Haven. Wish he could stay longer with us here after session, but he's always welcome back. So I just wanted to say personal thanks to him for everything that he's done and wish him the very best in the future. Thank you.
Thank you, Senator. Hopefully, he was mostly good. [applause].
Calling from Senate Agenda Number 1. Page 51, Senate Calendar 196, substitute with Senate Bill Number 4, An Act Concerning Consumer Privacy and Protection. pg/rr 6
Thank you, Mr. Clerk.
Clerk is in possession of amendments.
Senator Maroney.
Good morning, Mr. President. I move the acceptance of the joint committee's favorable report and passage of the bill.
Thank you, Senator Maroney. Would you get a comment?
Yes, Mr. President. The clerk is in possession of an amendment, LCO 4531. I ask that the clerk please call the amendment and be given the eve of the chamber to summarize.
Thank you, Senator. Mr. Clerk?
Amendment Schedule A.
Thank you. Senator Maroney. pg/rr 7
Thank you, Mr. President. This amendment is a strike-all amendment, which in effect becomes the bill. In sections 1 through 10 of the bill, we create a data broker registry, something that has been done in a number of states, as well as creating an accessible deletion mechanism, which be a website where residents could go put in their request, and all of the registered data brokers would have to access that every 45 days and delete the data as requested. Section 11 sets up some rules around surveillance pricing in terms of establishing what it is as a definition requiring disclosures online and some rules around how it can be used in stores, at food retail in grocery stores. Section 12 updates definitions in our data privacy law. It adds the definition of facial recognition technology and updates the definition of publicly available information. Every year, our attorney general does a report on the enforcement of the Connecticut Data Privacy Act. One of the things that they have noticed consistently over the last two years is that a number of the deletion requests fall under one of the exemptions, often this publicly available information exemption. Section 13 updates the deletion rights, giving some more rights to constituents around deleting that information that could be considered that is put on some of these websites. Sections 14 and 15 ban the sale of your geolocation data, so they could no longer sell the location data of where you are traveling or how long you may be staying places. pg/rr 8 Section 16 creates rules on how facial recognition technology can be used within retail establishments. We do not ban that in any way. We're just regulating the use and making sure it's disclosed when people go into a store that they know the facial recognition technology is being used. It can't be used to identify an individual consumer. Section 17 is the attorney general's genetic data privacy bill, which gives us a property right over your biological material. So when they take that for testing, if you submit it for commercial testing, it gives you more rights over and control over what is done with that information. And then finally, Section 18, thank you to Senator Duff for many of the parts of this bill, but especially to this part. This is an expansion of the Federal Comm Act. The Federal Comm Act said that on television, you can't broadcast a commercial louder than the show. There was a loophole. Many of us now stream our entertainment. That was exempt from that federal bill, but this just applies that same rule to streaming. So that if they're showing a commercial, it cannot be louder than the actual show. With that, Mr. President, I move adoption.
Thank you, Senator Maroney. The amendment had been moved. Is there further discussion on the amendment? Senator Cicarella.
Thank you, Mr. President. Good to see you up there this morning.
Good to see you. pg/rr 9
So, as this is a strike all, I'm going to speak on the amendment instead of waiting for this to possibly pass. My understanding is the amendment is work that was done to try to accommodate concerns of possibly industry. Also, I believe we added in certain sections that maybe were from other bills. So we merged a couple of things into today's bill. And the title is about consumer privacy and data protection, but there's also some other stuff in there. So I think it would be important that we speak on the amendment instead of the bill that it will become if the amendment passes. So I have a couple of questions because we're defining some terms in Section 1. And I just want to ask the good senator. When we hear data broker, is this going to be a new defined term, or do we already have a definition of data broker currently here in the state of Connecticut? Through you, Mr. President.
Thank you, Senator Cicarella. Senator Maroney, would you care to respond?
Through you, Mr. President. First, I forgot to request this. I asked that when the vote is taken, it'd be taken by roll for the amendment. But then, through you, thank you for the question, Senator Cicarella. I can't speak to all of the areas of the statutes in our Connecticut data privacy act, which is 42515 to 42524, I believe. 42515, we established the definitions. And in my recollection, we do not define a data broker there. We define personal data pg/rr 10 and other aspects related to data, but we did not define a data broker in 42515. Again, I can't speak to the other parts of the statute. Through you, Mr. President.
Thank you, Senator Maroney. And when a vote is taken, it will be taken by roll. Senator Cicarella.
Thank you. And we were talking about data privacy. Last couple of years, we passed some legislation regarding data privacy. And now we're back here talking about data brokers. Is there any type of an overlap from what we did a couple of years ago? And I think last year, we did a little tweak to the data privacy. Now, we're back again talking about the data brokers. Kind of a chicken before the egg thing here. So I'm trying to determine what we did last couple of years. And then, now how does the data broker come into data privacy? Which I do believe, in certain situations, data privacy, especially sensitive data, medical data, financial data, those type of things are extremely important. But I just want to understand what we're doing to avoid any possible unintended consequences. Through you, Mr. President.
Thank you, Senator Cicarella. Senator Maroney, would you care to respond?
Yes. Through you, Mr. President. So, what we had done in the Connecticut Data Privacy Act is we established what are now seven rights for pg/rr 11 Connecticut residents in regards to their data. The right to access that, to see if data is being collected. The right to correct it if it is wrong. The right to delete that data. The right to opt out of automated decision-making. The right to opt out of tracking for advertising, the right to know if your information is being processed for an automated decision. And then this last right that we created when we updated it last year was the right to see to which third parties your data is being sold. So this is an individual first party. The websites are collecting the data, and then they sell it to a third party. The third party is typically a data broker who then aggregates that data and may run inferences on that and sells it to others. So this actually builds on the work that we've done in the past. Again, we went to the individual sites, where people were collecting that information first party, and now we're looking at the third party who have created a market for taking this data and selling it to others. Through you, Mr. President.
Thank you, Senator. Senator Cicarella.
Thank you. Thank you for answering that question. This is complicated, as we discussed before. So to get individuals that may be watching or people around the circle to truly understand it, because it is a complicated area when we talk about data brokers, individuals private data. And not to get too far off tracks, we're talking about another piece of legislation that passed, but I do believe it's germane. pg/rr 12 So I'm just trying to clear up some possible concerns. In some of the data privacy bills of the past, it talked about not being able to sell data. So that wasn't data brokers, that was maybe businesses that had data. Maybe it was a restaurant that collected emails. So they couldn't sell people's data. Would they be considered data brokers? Through you, Mr. President.
Thank you, Senator Cicarella. Senator Maroney, would you care to respond?
Through you, Mr. President. No, they would not because they are the first party who is collecting the information and then selling it to the third party. The third party would be the data broker.
Thank you, Senator Maroney. Senator Cicarella.
Thank you, Mr. President. And thank you to the good senator for answering that question because I think that's an important distinction. So when we're talking about data brokers in this section, which is the first section of the bill, can you give me an example of, first, the data brokers that would be gathering the data and then reselling it? And then for what purposes would they do that? Through you, Mr. President.
Thank you, Senator Cicarella. Senator Maroney. pg/rr 13
Through you, Mr. President. Actually, just to refer you back, to more fully answer your previous question on would an individual business be considered a data broker? In Section 5 of the bill, it goes through that. If a business has a relationship with a consumer, they're exempt. They're not considered a data broker. So there is actually the clarity in here beyond just our legislative intent. But examples of data brokers would be, there are all different companies that aggregate information, and people buy it for marketing. People buy lists for various reasons. I had a business that worked with students. There's a company called American Student List, for example, that you could purchase information on addresses, names of parents, and students, so that you could send them. Back then, it was direct mail. Of course, now it may be email, or it could be -- you can target in other various ways. And so, there are hundreds of these data brokers around the country. So the state of California has a registry. There are over 500 data brokers who are registered. Vermont has a registry. I believe there are less who are registered. As new laws are passed, we update definitions as you go through. Also, Vermont's a significantly smaller state than California. So there are about 200 data brokers registered in Vermont. So there are hundreds of these data brokers across the country, and they sell various lists. They can be used for a number of different reasons. In fact, one of the reasons that we want to regulate this industry, we're just creating a registry and a deletion mechanism here, it's not regulation just to be clear, is that there are data brokers who will sell lists of seniors who are likely to donate to pg/rr 14 causes, or people who suffer from this condition. And scammers can buy these lists, and now they have a target list of people who are likely to donate or fall susceptible. And people lose billions of dollars a year in scams or frauds targeted against seniors. So we want to give people the ability, if they choose, again, to delete their information from the data brokers so that it could not be sold in that way. Through you, Mr. President.
Thank you, Senator. Senator Cicarella.
Thank you, Mr. President. Thank you to the good senator for answering the question. With your detailed response to my question, you gave me a question that I had further down, but I think it's relevant now because you touched on that. We see that every time there is some new technology, a new resource, new product, anything that's new, people could find ways to use it, innovate, maybe make money. But also we see that people could use it for bad. And you make very good examples of how this data could be utilized and organized specifically to target individuals that may be vulnerable or try to use it for purposes to scam people. But my understanding, there may be good uses of gathering this data as well, and being able to provide a very reasonable, sound, vetted service to a population. And I was just wondering if we took into consideration good reasons that data can be utilized to help people. Maybe there's a new trial for HIPAA. HIPAA would probably protect that one, so that's a bad one. Say there's some type of a program that pg/rr 15 would be great for workforce development. And there is certain qualifications, experience that is required maybe to get into this new trade or get into this industry. And someone wants to do something good and say, I'm going to find people that may fit the model or the criteria to maybe retrain these people to get them into a higher- paying position. But now that data may not be there if people try to take their name off these lists and take them away from the data brokers for the possible bad use. Did we take into consideration if it could be used for good in that example where someone wants to get a group of people and try to offer them another workforce experience and educational experience? Did we take that into consideration, or is there anything in this section that would take that into account? Through you, Mr. President.
Thank you, Senator Cicarella. Senator Maroney.
Through you, Mr. President. Thank you for the question. I think one of the issues is there aren't always areas that we all agree are so important that they should be exempt. And so there may be some things that you may think are very important that we should let anyone use data for that reason, or I may think are very important. But there are a lot of areas that we recognize are regulated in other parts of the statutes or regulated federally, or that we universally agree are important. And those areas are exempt. So I'd point the good senator to lines 281 through 324, where we list some of the things that reasons you would not need to delete the data. For instance, if it were needed to prevent, detect, protect pg/rr 16 against, or respond to any security incident, identity theft, fraud, harassment, malicious or deceptive activity, or illegal activity, or preserve the integrity or security of any system, or investigate reports. So there are a number of areas that we agree on that are exempt from this. There are also organizations that we recognize are federally regulated with what they can do with the data, who they can share it to, what are the protection measures they have to put on their data. So, for that, I would point you to Section 7. The exemptions in Section 7 are the entities that we know that are already federally regulated. So, for instance, any group, any consumer reporting agency for the Fair Credit Reporting Act, banks are exempt. The GLBA, anyone who's Gramm-Leach-Bliley Act. Before when you said is a business, when you were asking the example about is a restaurant a data broker, that is clarified in line 398 was the exemption I referred you to, where they talk about a business collecting information about a customer, that they are not a data broker. Again, we already created deletion rights for those individuals who are interacting with the business. So, there are different areas that we have exempt certain activities in this bill. Through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you, Mr. President, and thank you to the good senator. So we'll get to those sections a little bit later on because with your good work and pg/rr 17 understanding that there may be some unintended consequences if we just deleted all the data, if someone wanted to that there would be -- I'm not going to say high level, but other industries that are regulated, maybe banking or protecting someone from credit issues and different things like that. I'm just staying more in the public information because that's what we talked about. And I think there is a reasonable concern where you can get so much information so quickly, and I do realize that could be alarming. And I think that people should have the right to have their privacy. And we've seen how it could be used for bad. In other states, where people were attacked, and they utilized these open access to anyone type of databases or websites, and they gather some really sensitive information, so I truly understand how that could be alarming and could have some concerns, and now I'm speaking to more of the public information. Information that you could get if you went to your town hall or any other area that information is either FOI-able or open to the public. Not those areas. But I will touch on those a little bit later, because I do think they're important, and I appreciate your work to try to address those concerns. I'm just trying to get to the possibility of an unintended consequence that individuals' data could be used for good sometimes. For example, we see that some of these -- I don't know why I want to bring up AI after yes after two days ago, but you can use AI to create some type of agent that could help a small business if they don't have time to say, I want to target everyone in one specific town that has a over acre lot that has a lot of trees. pg/rr 18 And let's say I'm an arborist, and then I want to be able to have that agent then scrub the public information in these open sources, and then be able to contact them and say, hey, you need some tree service? I'm going to offer you a discount. I believe that if this bill passed in this way, that while trying to protect some people's sensitive information, it could restrict companies from just trying to market. And believe me, I hate getting a call at ten o'clock at night from a telemarketer just as anyone else. But I'm just worried if this will restrict the ability for businesses to try to find new clients and expand their business. And that's what I was trying to ask if that was taken into consideration, if the good senator could respond to that statement. Through you, Mr. President.
Thank you, Senator Cicarella. Senator Maroney, would you care to respond?
Yes. Through you, Mr. President, thank you. Thank you for the question. And I think some of what you said will help to answer the question, in that it's important to remember that in the United States, all privacy is opt. Data privacy is opt-out. Meaning, by default, people can collect your data, can share it, except for your sensitive data, and they can sell that. You have to take the action to tell them don't sell my data anymore. And so oftentimes, as you mentioned, you hate getting the calls at 10:00. Well, what happens if you say I hate getting the calls at 10:00? I registered for the do-not-call list, and it's illegal to call you at 10:00, let's just be clear about that, to solicit. And you're pg/rr 19 still getting those calls. It makes you even angrier. And so what we're saying is that for people who do not want to be reached, they want their data deleted, they have that right. So by default, you can find the people, everyone except the people who may choose not to be marketed to, through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you to the good senator for answering that question. And I completely understand that. But as individuals may be worried about all of the negative use that if they register and that Delete Act is created and we have that one stop shop to delete all of your information, I just wonder if it's going to be taken into consideration or or spoken about that some of this could be utilized possibly for good, not just deceitful intentions or even annoying telemarketing calls, but it could be a way that individuals could be offered deals or discounts or services that they might have not known were available. So that's just something that I really wanted to touch on and see if it was taken into consideration in any way. And then when they talk about public information, are the town halls going to have to abide by this in any way?
Thank you, Senator Cicarella. Senator Maroney.
pg/rr 20 Through you, Mr. President, no. Because it is not taking away publicly available information. It's just if you've taken that and combined it in a way and made inference from that and you're displaying it on a free website, or you're selling that information, that is when. So it would be a third party. Again, if it's publicly available information, by definition, it's still publicly available. It just doesn't necessarily have to be made so easy, I guess, for everyone to aggregate and use to draw those inferences for influencing or whatever. And there are many good things, as you've said, but there are also many examples we've seen of it being used for identity theft or fraud, or even worse. Through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you, Mr. President. And thank you to the good senator for responding to that question. And, again, not to really stay on the same section for a long period of time, but it's like we take a step forward, and we take a step back. I understand there's definitely good intentions, and I truly agree with you about very sensitive data or specific data that could be used to take someone's identity or credit, and harm them. I want to try to find a way to address that. But I want to make sure that we're realizing that it's good to have information quickly at your fingertips sometimes. You know, it's like the Internet. It's there to make someone's job a little bit easier, and I just hope that if this does come to fruition, that it's not going to really negatively impact businesses that do buy those lists. pg/rr 21 As you said, you know, if someone's a mortgage broker, they could identify what would be a criteria for a good person to call to say, hey, interest rates went down. I think this might be a good opportunity for you. And someone that may be worried and scared about identity theft would take their name off of all these databases, and then it could hurt them from getting a reduced credit rating, and save some money. And it also might hurt the mortgage brokers because their list are going to get substantially smaller. So those are some things that I'm just trying to flush out to make sure that if we do this, where people are trying to say, okay, I do not want someone stalking me. I don't want something bad to happen to me. They may not realize that sometimes the information is good and used for good. That's something that I just struggling with a little bit because we know there are always individuals that are going to use things incorrectly or break the law with things. Whether it's somebody buys a car, and they're supposed to drive it normally, but they speed, get into a car accident. We're not going to not sell cars. Individuals that commit crimes with weapons, we're not going to get rid of all the weapons. Have we explored a way to increase the penalty punishment for people that are abusing the data that's out there now, instead of trying to, I guess, circumvent the real root cause, which are the bad actors. Did we take that into consideration to find another way to protect people from identity theft and all of the possible negative consequences of this intended good data privacy act? Through you, Mr. President. pg/rr 22
Thank you, Senator Cicarello. Senator Maroney.
Through you, Mr. President. Thank you for the question. Our attorney general has done a phenomenal job of going after data breaches and other areas where there have been harms done to residents. But I think if we could just bring this back a little bit, that we're discussing a right that we created for Connecticut residents. We created a right to deletion of their data. Michele Lucan, who is the assistant attorney general in charge of our data privacy unit, one of the things that she has said is, it should not be hard to exercise your rights. And so when we created our data privacy rights, we created a global mechanism, global privacy control, which meant that you could go to one site and opt out of the sale or tracking of your data, and every website is supposed to recognize this. But that didn't apply to the deletion right. So what we're doing is we're attempting to make it easier for people to exercise their deletion right. And again, they may miss out on some of those opportunities, but it's their choice. The majority of people and all data privacy when it goes back to the first arguments around data privacy, which I don't know how long. I only started reading since the 1998, a book on profits over privacy and the growth of surveillance marketing. But all privacy is based on notice and choice. You should know when things are being collected about you, and then you should have the choice to opt out. And this is making it easier for people to pg/rr 23 exercise that choice to have their data deleted. And there are examples of, as we've said, harms that have been done. There's fraud, but there is one example from last summer, last July in Minnesota, the speaker of the House of the state of Minnesota, Melissa Hortman, who I did not know personally, but Senator Duff did know personally, was assassinated. When her killer was caught, Vance Balter, he had a notebook with all of the information that he had surveilled. And actually, there is another person who he went to her house. She's actually a member of the task force that you and I sit on, as well as Senator Duff. He went to her house, and he was on her Ring doorbell footage at 2:00 a.m. that night after he had killed Speaker Hortman. He went there to kill her. When he was caught, and she wasn't there, she was very fortunate, 98% of the time, she said, I'm home. She was with her grandkids, so she said, thank God she wasn't home that night. But when he was caught, he had a notebook that he had diagrams of this person's house. He knew which one was her bedroom, and he listed all of the different websites where he gathered that information from so that he could go and surveil her. Now we did pass a bill yesterday to shield address information for teachers and others. And there are a lot of states that are looking at expanding on Daniel's law. Daniel's law is a law that was passed in the state of New Jersey after a judge was assassinated there to shield the addresses and locations of judicial personnel. Some states are looking to expand that to include political officials and others as well. I just thought in Connecticut, I am not comfortable giving a right to myself that I don't give to my pg/rr 24 constituents. And so here, we're attempting to give people the choice to delete that sensitive information that can be used against them to cause harms. Now they may miss out on an ad someday, but that was their choice. They knew that when they made that choice through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you, Mr. President. And thank you, the good senator. And I couldn't agree more. When we first talked about this, we talked about some of the databases or websites that have a lot of people's information, family members. There's a lot. And it is quite alarming. And I said, maybe we should find a way to address that. And I got to thinking, though about unintended consequences. And that's what I was trying to flush out, that an individual can't say, I want to opt out so bad people can't use my data, but I want to have good people use my data because there's no way to do that. So that was something I was just trying to flush out and just realize that, while trying to make sure certain data is protected, and bad actors won't do that horrific, terrible thing that we've seen. But when there's a will, there's a way. People are going to commit bad acts, break laws, steal people's identity and credit, and we do want to protect them. I'm just saying I believe the real way to do that is to enforce harsher penalties on bad actors. And I do know that a lot of the bad actors stealing people's data are overseas. pg/rr 25 So it's really hard for our attorney general and law enforcement to address that. We are going to be doing something with AARP just to alert individuals about the scams that are targeting elderly. And when I was doing some research, I was mind blown how much money is being stolen from individuals. And they're using this type of information. So I am sensitive to that fact. And that's why when we were talking, I said that we should try to find a way to address that. And again, as I said, I know that it's hard for law enforcement to try to hold someone accountable for stealing someone's money overseas. It's a very challenging thing, and I do believe that this is proposed to try to stop bad things from happening to good people. I just wanted to get on the record that I'm just hoping that it doesn't hurt individuals from getting opportunities when they take their name off of this list because of the fear of of bad that they're missing on opportunities. And if everybody utilized the service, then there wouldn't be those lists for companies to try to market. And I just think it sets back business possibly. And I just wanted to get that on the record and talk about it. And I do know that's not your intention. I know that. I just wanted to discuss that and just express that, and again, while trying to protect individuals, we have to make sure that inadvertently we're not hurting an industry or restricting what else they may be able to do. Because when they're going to do that, they're not going to go there and say I'm going to put my name on the list because I don't want to lower mortgage rate or I don't want to be offered a deal on trimming my trees or deal on painting the house, but it could happen. Just wanted to say that, and I will move on to talk about the mechanism for deleting. Right now, is there a way someone can ask for their information to pg/rr 26 be taken off one of these websites, or databases, or directly from a data broker currently right now. Through you, Mr. President.
Thank you, Senator Cicarella. Senate Maroney.
Through you. Currently, people can go to individual websites, and Connecticut residents have the right to deletion of their data. So they could go and request their data and have it deleted from any individual website. Currently, there are some data brokers who will abide by that. You can go there to access your data. Of course, after verification, I went to one of the sites because I thought it would be good for the debate to go through there -- attempted to access my debate data because you can also get the inferences that are drawn about you, which lists you're on and different things. But when I went in to verify the information, they actually have their data wrong, which is, if I guess, if I'm in there, I can correct it because one of the questions to verify my identity they asked is in the last 10 years. Have you lived with Beth Maroney? That's my stepmother. I haven't lived with her in the last 10 years. I answered no, but then they said they couldn't verify my identity, because I'm sure I have some mail going to my old home. So it looks like I may have lived there in the last 10 years. But again, what we're doing is you can do this on a one-by-one basis. It is not required of the data brokers to do that. pg/rr 27 We are looking at making an accessible deletion mechanism to make it easier for people to access their rights. It was created in California. California, they called it the DROP mechanism. It went into effect this January. In the first two weeks in California, over 155,000 residents accessed the DROP mechanism to request their data be deleted. It actually does not go into effect in California until August 1. As of August 1, every registered data broker will have to go there, get the names of the people who want their data deleted, and then delete that. So, for every 45 days, they will go in. But, currently, for Connecticut residents, the answer is no. There is no one place you can go and have all of your data deleted. Through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you. And it is my understanding, as you stated, that they can do it individually, but this would create a one-stop shop. Who is going to create this portal, or mechanism for someone to say, I want my data deleted and I want it deleted from all of the data brokers. How would that work, and who would create that through you, Mr. President?
Thank you, Senator Cicarella. Senator Maroney?
Through you, Mr. President, the data broker registry, which will be created by the Department of Consumer Protection, is set to go into effect on pg/rr 28 January 1, 2027. Registry will last January 1 through December 31. So the data brokers will need to re-register every year. The fee is established at $2500. That money will then be deposited in a special account that has been set aside to help build out the delete mechanism. The delete mechanism, or the accessible deletion mechanism, is how it's referred to in the bill. Just for short, we'll call it delete mechanism. That is required to go into effect on July 1, 2028. It also will be built by the Department of Consumer Protection. We've had some communication with Cal Privacy, and we'll try to talk with other states just to try to -- again, I think one of the things, they were the first who did it to try to learn from them on recommendations of how it's going, what can we do better. But to answer your question, the Department of Consumer Protection is tasked with creating that. It'll be funded by the registration fees from the data brokers through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you. And thank you, the good senator. So, essentially, I'm thinking of it as possibly a complicated thing because I spoke to actual vendor in preparation, and they would insist on getting people's information taken down, and protecting someone's identity. And I think they actually provide this service to some federal agencies. I think they provide this to judges. But I don't think it's as complicated as that because I think they scrub a lot more than just going to the data brokers. pg/rr 29 So if I'm understanding it correctly, essentially, a Connecticut resident will maybe go to a website on DCP, say, here's my name. I want it off. And then the information will just go to all of the data brokers, and then they're tasked to take it out of their files. Is that essentially how that would work through you, Mr. President?
Thank you, Senator Cicarella. Senator Maroney?
Thank you. Through you. Yes. That is correct. So they will put in their information on the website. It's still to determine what information they would need from the residents. It does require that the website has adequate security measures, and that if we are somehow breached, that we let people know that if they have gone to that access on the website, that information had been breached. And then the data brokers will access that every 45 days. It is up to the state of Connecticut to verify the identity of the peoples. And if the identity is not verified, then the data brokers do not have to delete. Also, a resident who goes there can exclude certain data brokers. So if they say, no. I'm okay with them having my data, that will be in there. And then those data brokers, when they access it, would not have to delete the information. Through you, Mr. President.
Thank you, Senator Maroney. Senator Cicarella.
Thank you, Mr. President. And thank you to the good pg/rr 30 senator for answering that question. My understanding that there's multiple different types of data brokers. And I'm sure when they buy the data, and I think they buy it from really everywhere. I think they could go to the town hall and say I want to buy your data. They could go to, I believe, the credit bureaus and buy data. Really, anywhere that there is big piles of information, they could buy it, they put it in a cloud or some system, and then they utilize some very fancy technology to sort it, and then be able to determine where it could be utilized. If a data broker provides that data to multiple different types of industry, some of which may be exempt, which we'll get to the exemptions further down the bill. But they also provide it, maybe for sales or other purposes that are not exempt. Would that be a burden on the data brokers to kind of determine, all right. I'm going to delete data from this pile because these clients can't get it, but the other clients have permissible uses with within this bill. Is that going to be a challenge for the data brokers to determine how and where to delete the data? So if they have one big pile of data, but they provide it to companies that have permissible use here in this bill in the further section, but they also provide it to companies that don't have any of the exemptions or qualify for the exemptions. How would one be able to handle that? Through you, Mr. President.
Senator Maroney. That's okay. Senator Maroney. pg/rr 31
Nice to see you, Madam President, through you, Madam President. So, typically, and again, I'm not that familiar with the intricacies of the inner working of the data brokers, but I could tell you from a legislative perspective. We often require that they disclose categories of data and other things. We've been in bills where we're talking about AI or other technologies. Instead of saying individual types of data, they say, can you list categories or high-level summaries and so the data is organized in various ways, and so I'm not going to say it will not be a burden, but what I will say is for my own business, whenever you want to do something with technology, they'll say you can do anything you want. It's just how much is it going to cost and how long will it take. I think here, because the data is often categorized and a lot of the exemptions are tied to categories of data, it would be setting up the process for them. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Mr. President. And I'm assuming that these tech companies, and that's probably what they are. Data brokers are in some way tech companies because it takes a lot of brainpower to organize that information and then disperse it. So I am not in tech. I don't code. I don't know if it would be a burden. But if it was or they had to hire more people, I'm just wondering if that would also kind of trigger a possibility of maybe data that is utilized for the exempt purposes may become pg/rr 32 a little bit more expensive. Just something I thought about, and I know that you're very well- versed in tech. So I didn't know if there was something that you heard with your conversations that maybe it wouldn't be that challenging. Therefore, it would minimize the possible increased cost of the data to people that use it, for the exempt purposes that are in this bill. So that's why I asked that question. But I do thank the good senator for giving me that answer. So we did touch on this a little bit when you're answering some of my questions. But we talked about DCP creating the registry. Right now, there's no registry from my understanding. So, the process is going to basically be implemented in 2027. And then the individual companies that sell data are going to have to register, I'm assuming, get a license, pay a cost. And then they would be able to participate in the Delete Act. But then also provide data to Connecticut residents, as well as accommodate the request to delete these people's information. And if you don't mind, if you could just explain to me the process of the registering? Is DCP going to let all of the data brokers know that this is happening? Are their compliance officers are going to do it? Is it something that happens in other states? Just curious, what would happen if people just didn't know about it? So maybe, how it's going to be created and then how we make sure that everybody that's considered a data broker in the definition does register, and there is compliance across the country. Through you, Madam President. pg/rr 33
Thank you so much. Senator Maroney.
Thank you, Madam President. Through you. And then, actually, back to your last question on potential impact on the cost of the data. Since California has already passed this law, and the majority of the data brokers who are selling information in Connecticut would also be selling in California, because they're national companies. I believe there's only maybe one in Connecticut. The cost has already been born. So, there will be no additional cost for us to pass this bill. And then, back to your question on the data broker registry. Once that's created, I think, like with any new law or regulation, we see around this building there are industry associations. I think CTIA is the industry association for data brokers. There will be news articles. They will know about it. And then Department of Consumer Protection, if they find data brokers who are unregistered can let them know that they need to come in compliance and register with the state of Connecticut, but it's just almost as with any new law, we rely on our own outreach through our newsletters, the media, but then I think the industry associations play a valuable role here in educating their members about the new laws. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. That was also going to pg/rr 34 be another one of the questions when having our public hearings, and I'm sure you were getting many calls as I was, over the past couple of weeks on legislation. This one and a few others, more than other bills that people were interested in. Have you heard any concerns from the industry that represents the data brokers? In your conversations, did they identify anything that would be an issue? And I know that this is an amended bill to try to accommodate while still achieving the goal that I do believe we do have to pay, but is there any concerns that you believe that were not addressed from these data brokers or their representation through the association? Through you, Madam President?
Thank you. Senator Maroney
Through you. Thank you for that question. That's an excellent question. And it lets me just expand on something I've been wanting to talk about. We received countless feedback on these bills. And while we attempt to address concerns, we have to remember we are balancing the interests of industry and consumers. Industry pays for lobbyists to come here and lobby on their behalf and bring their issues up. We are elected by consumers to come up here and represent them and their interests. And so, while sometimes throughout the process, as you know, I make changes in bills. The other day, it was said I make too many changes in bills, and there are too many amendments, which I also want to address. The reason why I do that is because I am constantly taking feedback and changing the bills. And I don't think that you should only be able to get a copy of pg/rr 35 the most recent version of the bill if you have a lobbyist who happens to know me. So, then I publish them publicly, so that anyone can see them. When I publish an amendment, and it has just my name on it should be considered a working draft. When it has other people's name on it, it means I'm done. And taking the interest. So, that was a long prelude to answer your actual question, but thank you for the opportunity to get that off my chest. Your question was, did we address the concerns of the data broker industry? One of the concerns they brought was that they felt that the new definition of publicly available information was unconstitutional. We reviewed it with our caucus attorneys and felt in some areas they had a point, so we changed that part of the definition. We did not change it to the way they asked it to be changed to, but we did hear their concern and make changes as a result of their input. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. Are those new glasses? I like those. Very nice.
Oh, thank you very much.
Very nice. Just noticed those. And thank you to the good senator for answering that question. And I do appreciate the work you do to address the concerns pg/rr 36 that individuals bring forward. Whether it's another legislator, maybe an agency, a lobbyist, just a concerned resident. And I know that you put a lot of work in -- a ton of work, not even a lot, a ton of work into trying to address those issues. And sometimes an issue for one group might not represent the best interest for the majority. So I understand the challenge you have, and I appreciate the work that you do to try to find that balance. So I definitely appreciate that, and letting me know that there may have been concerns, but you made the best attempts to address them. And I know that there were a lot of, I guess, changes, if you will, or exemptions that would not hinder certain permissible work that needs to be done from credentialed individuals or professions that really need data to do the job that they have to do that really does serve a purpose and has very minimal risk of the negative consequences we see from those websites and the story that you told us about the legislators, that terrible story about the legislators falling victim to someone that utilized open source information to commit those bad acts. We realize in industry or in any profession, there are good actors and bad actors. So the good data brokers are going to abide by these rules. They're going to pay the fee of $2,500. They're going to delete the information from the database that may be accessible to the general public, but still be accessible to the professions that need them, that have permissible use to that data. But there may be other data brokers that do not listen to these rules, possibly even just create free websites. So I have two questions for you. If an individual creates a service where they're gathering data and they offer it free online, would that be considered a data broker because it is free? And then my second question is, if data brokers do not follow these pg/rr 37 guidelines of registering and becoming a business and doing the service of deleting the people's information, what is the punishment? Through you, Madam President?
Thank you. Senator Maroney.
Through you, in the case of an individual where they were just aggregating information, putting it up themselves, they're not selling it. Again, they're not a third party selling it. They are not a data broker, in that example. The penalties written into the bill are $200 per day per violation. And it is enforced, I believe it's -- if the chamber would stand in use for one minute, and I'll -- It's in Section 10. Okay.
Senator Maroney.
Through you, Madam President. Thank you again for the question. So I would just point the good senator to Section 10, lines 441 to 448. So this is enforced by the consumer, the Commissioner of Consumer Protection. And I was just checking. I knew that it was through the Commissioner of Consumer Protection. A lot of the tech legislation we do is only enforced by the attorney general. So I wasn't sure if the attorney general also had an office and not the attorney general himself, but the attorney general's office also had a role. So the commissioner of consumer protection, after providing notice and conducting adherence in accordance with the provisions of Chapter 54 of the general pg/rr 38 statutes, may impose -- so again, it's not mandatory, so that if it was someone who just didn't know, again, they didn't know they were supposed to be registered. He doesn't have to give that fine. He or she it's the -- a role, not a person. Doesn't have to give that $200 a day fine. So they could negotiate with them. $200 per day for each violation of any provision of Sections 2 to 8. So, to answer your question again, it's Section 10 lines 441 through 448. It is the commissioner of the Department of Consumer Protection after holding a hearing in line with provisions of Chapter 54 of the General Statutes. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And in the beginning of the compound question I asked you, you said that the individuals that were not or the companies or creator of a website or database, if they were not selling the information, then they're not data brokers? Did I hear that correctly? Through you, Madam President?
Thank you. Senator Maroney.
Through you. In the example you gave, they would not be a data broker. Because you said it was a person who put the information up on a website and was not selling it. So in that case, you would not be a data broker. Through you. pg/rr 39
Thank you. Sorry about that, Senator Cicarella.
Thank you for answering that question. So, when we started talking about this early on, and the horrific actions of deranged individual, and they talked about where this person found this information. There are certain websites that don't charge for the information. So I don't know if I could say that the URLs of these websites that you could just go on and type in someone's name in a town. It spits out some information, whether it's true or not, or accurate or not. It is, in fact, free. Now, some of them do try to get you to click on the link below it, and they're going to say, hey, we got more information for you. Click this link. If you pay, I'll give you more information. But that first taste of information, if you will, that at no cost, would that company be a data broker? Through you, Madam President.
Thank you. Senator Maroney.
Through you. I think there's an important distinction we need to make here. The company is utilizing data from a data broker. And so the data broker is providing that information that they are then displaying. And so the company might or might pg/rr 40 not be a data broker. I can't say unless I knew the actual company, because they may be -- the act of just displaying it on a website does not make them a data broker. But if they were then selling that information, aggregating and selling it to others, they could be a data broker. So I can't definitely say, you're mentioning what we call a freemium model. Where some information is free, and they're trying to encourage you to pay for the rest. I can't remember if you were at the task the AI task force meeting in Florida, where someone demonstrated -- there's a website you can go to. You can type in someone's name for free. It comes up with their address, who they're connected to. So, they were finding some people in there, the names and addresses of their children, as well as them. And so, what we're looking to do is, again, to go to the source now. We created the rights at the individual websites that you have that right to deletion to go in. But we're saying from the brokers who feed a lot of these sites that they would need to delete the information. So I think that's the distinction to make. I can't say specifically without knowing all of the details. Through you.
Thank you. Senator Cicarella.
Thank you. And I know we could be talking about two, three, four, five different websites. So I know it's hard to -- so I'll try to simplify it. If they are, in fact, a data broker, but they're not selling the information, they're giving that freebie, if you will, then to buy the other information. Basically, if it's free and it is from a data broker -- that website bought a bunch of data. They're organizing pg/rr 41 it. They're going to give you the first search essentially for absolutely nothing. If they do not charge, there's no membership fee. Would they be responsible to delete the data that they're going to be giving away for free? Obviously, they would have to if they are a data broker, and then they're going to be selling the data for the other searches or the second search, they're data brokers. But if it's given away, would they be exempt from the Delete Act if there is no charge? Through Madam President.
Thank you. Senator Maroney.
Through you, no. Again, this is where we -- in the data privacy, and I'm going to use this as the example. So, again, our data privacy law we say whether someone is a controller or a processor is a fact-based determination. And to differentiate between a controller and a processor, so controller you control the data, processor you may be sending a separate company to process the data. That is a fact-based determination. The EU has an 80-page manual that they use for determining that. So that's an analogy. We don't need to talk about that. But what I'm saying, what I wanted to give that as background information, was to say that here, the data broker, again, it's going to be a fact-based determination. Giving away the information for free, if we go back to our data privacy laws, when we define this sale of data, it's monetary or other valuable consideration. So sale of data from, again, 42515. And so, giving away data, it can be different. If you're trading data with someone, I'll give you my pg/rr 42 data set if you give me your data set, that's a valuable consideration. So that could be the sale of data. So, whether or not you're paying money for the data doesn't really -- can't be used as the sole determinant of whether or not someone is a data broker. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you, the good senator, for that answer. So I think I flushed out all of the concerns with that free information, and the layperson, if you will, that just wants to pretend to be an investigator or search up the new neighbor, new person at the PTA. That was my questions and line of questions there. Moving in now to data that is utilized, maybe for business purposes. I know we talk further down in certain sections about some cameras, and it has some data for security purposes. Talks about some other data that's utilized for possibly marketing or sales when it comes to pricing. We'll do those in a minute. But there are other forms of data that are utilized in multiple different professions. Maybe risk assessment, also in banking, maybe legal insurance. So you want to know if somebody has a bunch of claims filed, and before you offer them insurance and determine the price, you're going to be able to look and see all the different claims. I think ISO is one of the vendors, and these are companies that perform a valuable service, so individuals can make educated decisions. Let's say, pg/rr 43 hypothetically, you have a hedge fund. They're going to purchase a business. They want to know everything about that business's finances. They want to get data on the CEO, CFO, make sure there's nothing that's going to jeopardize the investment of the individual's money that they're trying to grow. And I believe the exemptions that we have further in this amendment will address that. Will in any way those professions that have permissible use that are regulated by other laws, local, state, and federal, have any issue getting data from a data broker to utilize for a credentialed industry? Through you, Madam President.
Thank you. Senator Maroney.
Through you, Madam President. Thank you for the question. The only problem -- well, not the only. They will have a problem if they want to buy the location data of the CEO of the company they're taking over, because we are banning the sale of geolocation data outright in here. So if that were a consideration, they would have a little bit of trouble. However, I'll just go back to Section 7. That's where we lay out the exemption of the bills. And in any of the data privacy bills, we recognize these consumer bills that the impact is beyond our state. You have to recognize there are regulations for many of them, that they're already abiding by federally. And so we do carve out, as you mentioned in the credit, organizations do not apply to a consumer reporting agency that's regulated by Fair Credit Reporting Act, a bank or a financial institution, pg/rr 44 affiliate, non-affiliated third party, so that's regulated by Gramm-Leach-Bliley Act. There is a business that collects information, a certain consumer concider is or was in a contractual relationship with the business, an investor of the business, a donor. There are certain requirements there. If a business that is collecting data used for purposes of its regulated listed chemicals, and then HIPAA entities, and some others that are exempt. So those are specific entities that are exempt, but there's a lot of, again, as we went through, I think, it was in Section 5, there were lots of categories of data that were also exempt. Recognizing the purpose and the use of that. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you to the good sender. And I talked briefly about, I guess, minor concerns with, I guess, the layperson getting data, and maybe the pros and cons. And I do believe protecting individuals' data in that form, there's definitely more of a positive than a negative of possibly implementing this Delete Act. My concern will be now where these professionals that need this data to do a lot of different type of daily activity to keep things moving, whether it's the courts need to keep cases moving. You need to find evidence. You need to find witnesses. So whether it's law enforcement or maybe investigators working for public defender's office, most of those indeviduals have certain type of pg/rr 45 lincences, so -- I'm using investigater, for example, I don't have any type of a clearance to gather information to go to a bank and say, hey, I want to see everybody's bank information. But certain data through the banking act that you discussed is releasable to individuals that I guess you could say are credentialed and have to abide by certain guidelines. So if law enforcement, maybe an investigator, maybe an insurance professional might not have specific clearance to just go and look at anyone's credit report, which I don't think really anyone does. Even a bank probably does it unless you apply to do that. I want to make sure that as long as the data brokers are vetting the individuals that need to get this information to do their job, they're licensed to do their job, that they will not be negatively impacted by this piece of legislation. I gave you a couple of examples. I don't know if I should go one by one, or if you could speak to some of the exemptions that you put in place to address some of the concerns maybe that I brought forward that I heard from individuals. And I think you also put some additional exemptions for other professions to make sure that business would not be hindered, and companies could do what they need to do to make sure people are getting a safe service. People are able to find witnesses, mitigate risk, save money, stop fraud when it does happen. All of those things like that through you. Madam President.
Thank you. Senator Maroney.
pg/rr 46 Through you. Again, we have the entities. We went through the different entities that were exempt, and then the use cases. There are a number of different use cases of that type of data that don't have to be deleted. So if you're collecting that type of data for the fraud, theft, though it doesn't have to be deleted. We don't really speak to in here like if licensing or the relationship between a data broker and the person who purchases it. But we do set out the categories of data that a data broker would not have to delete. And many of the reasons we do that is because it is often that data that would be used with someone who has other -- there are other restrictions on that. And that's why, typically, when we have an exemption in here, there is a reason for that. And that it's regulated by the federal government already. We feel their protections are strong enough, or there are other rules and regulations that we feel apply, so that we're not as concerned. Again, we're trying to solve for the problem or not even necessarily -- well, it is a problem, but we want to make people's rights easier to access when it comes to deleting data. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. Thank you, the good senator, for answering that question. So from what I heard, from what I've see in this amended bill, it does address the possible concern that people that really need this business data and information to conduct their business, do their job, and provide multiple different services in multiple different pg/rr 47 professions, they'll be able to do that and get that data from the data broker because it's about the data broker. But the concern or question I have is, the data broker will know and be able to separate the data that needs to be deleted that could be accessible to the general public, compared to the individuals that are covered underneath the banking act, the Fair Credit Reporting Act. So it's going to be up to them to separate that data and delete it for where it could be accessed, from the concerns of a layperson getting it and using it for bad, or maybe trying to market to someone if they don't want to be marketed to. But they'll still be able to keep that data, but kind of put it under lock and key only for individuals that have credentials and are governed by federal laws, very strict banking laws, insurance laws, HIPAA, that will all still be able to stay there and these data brokers will be able to stay in business, provide the service, but it's going to minimize the risk to somebody using this that might not be governed by any rules. Is that a fair assessment? Through you, Madam President.
Thank you. Senator Maroney.
Yes. That's fair. Through you.
Thank you. Senator Cicarella.
Okay. I'll accept that. It's fair. All right. Now we pg/rr 48 talked about location data, and there's going to be no sale of location data. I'm not aware of a vendor or a database that keeps location data without someone's permission. So if someone says, hey, I'm going to keep my location data on. You can use it, and you could sell it. When you're doing your terms of agreement, when you're downloading an app, God knows what you're agreeing to. But if somebody does say that, they say, I want to know when I pass a Starbucks. I want to get the alert, so I get the dollar off the coffee. Will they be able to sell that data if a consumer agrees to it? Or zero selling of GPS or geolocation data. Through you, Madam President.
Thank you. Senator Maroney.
Through you, Madam President. Appropriately enough, my good friend Spam Risk just called. I don't know where they bought my number from, but I don't think if I go to the delete mechanism, Spam Risk is going to stop calling me. But the sale of the geolocation data, currently, geolocation data, data they can identify someone's location within 1750 feet, is defined as sensitive data in the state of Connecticut. Sensitive data gets a different treatment. Sensitive data means that it is opt-in. You have to give someone's permission for them to collect your sensitive data. To collect or to sell your sensitive data. So you could still, in the instance, if you were on an app and you said, I want to be alerted whenever I hit -- you said Starbucks. I'm not endorsing Starbucks or un endorsing Starbucks, but if you pg/rr 49 wanted to set that on one of your apps and allow them to collect that and to give you coupons based on that, you can do that. It's just they couldn't, and Star West couldn't, or whatever app you use, could not sell that Paul stopped at Starbucks for 10 minutes. And so, one of the things that we had seen, when we passed the data privacy law and that we had seen in other states is -- and this goes back to the exemptions, that car dealers were selling and auto manufacturers selling your geolocation data, and sometimes there's a beneficial use. It's used for your insurance. They want to know the speed you're going at. How you're braking? How you vary? Where you go? And they were using that for setting insurance rates. So, I guess if you got a lower rate because of that, that was good for you. If you got a higher rate, that could have been bad for you. But sometimes it was being sold without the consumers opting in, and they were able to claim the GLBA exemption because they had finance units. Although, we tightened that in the state of Connecticut that we give financial institutions tied to state regulation the exemption. I know that was a roundabout answer. So, to get back to your actual question, you could still use geolocation data if you give your permission, but we are not saying you can no longer sell geolocation data. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. Thank you, the good senator. Yes. That absolutely did answer my question, and you did it very well. I appreciate pg/rr 50 that. So, doing some research about this, I was actually shocked to the type of data collected and sold. For example, with the cars, it's not verified. You can't believe everything you read online or see online. But I heard and did a little research, and I found some research that supports it, but I didn't dig too deep. But the newer vehicles recording devices, if you will, monitor your location, monitor how fast you go. I heard a story that there was an individual that just bought a -- I won't say the make and model of a car, but bought a car, couple months old, thing starts to overheat, and it catches on fire. Wasn't doing anything wrong. Didn't need an oil change. Catches on fire. And I heard the insurance company utilized the data from the vehicle to deny the claim because he sped. Is that something that is happening? I know that you are very well-versed in this, and we're putting this type of law in place and protections in place. Is that the type of data that you're trying to restrict from being sold without a consumer's knowledge? Through you, Madam President?
Thank you. Senator Maroney.
Through you. Yes. That is the type of data. Allowing the sale of people's location, which could be more insidious uses than that, but without opting in. And even if they opt in, we're just saying it's not something you should be selling that. And what we've seen is that it can be used in a way to get around your Fourth Amendment rights, and that pg/rr 51 we're seeing that government in some places is purchasing geolocation data. So through you, Madam resident.
Thank you. Senator Cicarella.
Thank you, Madam President. I was mind-blown to realize how much technology is in a vehicle, and how many people could access that information. And I know that one of our other good representatives in the general law committee was concerned about other data when it comes to some of the cars and being able to utilize the location, possibly in a domestic issue. And that's when I started to do a little bit of research. And it's so much more than just your GPS location. And I could see how, maybe a large company or an insurance company or in some form of sales, they would find it beneficial to be able to market, possibly collect data for whatever other reasons, and possibly violate someone's rights, which I am not supporting. So I think that definitely does make sense. I was just curious if we knew that, there could be possibly a situation where -- I don't know if you ever see the insurance companies that say if you're a safe driver, you're going to get a reduced premium. You have to pay less money each month or even get a check back if you're a safe driver. Would this at all affect that ability? Through you, Madam President?
Thank you, Senator Maroney. pg/rr 52
Through you, no. Because that would be being utilized by the insurance company. It would prevent them from then taking that you had opted in for that safe driver app and selling it to someone else. So through you.
Thank you, Senator Cicarella.
Thank you, Madam President. So, that does answer my question, because if you're agreeing to go with that insurance company and you plug in or give access to your vehicle and your vehicle information, you're aware of that. So the insurance company isn't selling that data. It's collecting that data. But what about if the manufacturer of the vehicle sells that data to the insurance company to increase your rate? Would that be allowed? Through you, Madam President?
Thank you. Senator Maroney.
Through you, Madam President. Thank you for the question. So, no. Because that would be a different party. And so, again, within any law, there are exemptions. One of the exemptions is to provide a service that was agreed to by the consumer. So let's say, for instance, you had purchased OnStar as part of that, or -- I don't even know who is doing the safety tracking now. It wouldn't prevent the data from being shared with them for this pg/rr 53 service that the consumer had requested. But it couldn't be sold to another party without the -- again, it just can't be sold to another party. Through you.
Thank you. Senator Cicarella.
Excellent. Thank you. And that's what I wanted the clarification on. And that does make sense. That geolocation, that very sensitive information, and I don't know really how that's utilized except for -- I don't want to say deceitful, but they don't even know it's happening. They don't even know that the data from the vehicle is getting sold. So that is alarming. It's quite scary how there's always some type of device around and listening. I guess this is another question. It's not I gotcha question. It's just something that I figured James may know or Senator Maroney may know. You talk about some new product. It's probably going to happen now. I say kayak, and I'm say kayak right now. I never talked about kayaks. I'm thinking about getting a kayak this spring. And then all of a sudden, there's probably going to be something on my phone that's going to try to sell me a kayak. Is there anything in this legislation -- because that's personal data. Talking about it. Maybe I searched it. Is this bill going to try to address that in any way? Through you, Madam President.
Thank you. Senator Maroney.
pg/rr 54 Through you, Madam President. Thank you for the question. That is not addressed in this bill, through you.
Thank you. Senator Cicarella.
Thank you, Madam President. I was hoping to get some knowledge to know how that happens and why that happens. And I will let you know if I do get an ad for a kayak, by the way. So I was trying to make a segue into the surveillance pricing. If the good senator could explain surveillance pricing, not only for myself and I know that it's discussed in the Section 11 of the amendment. But maybe just in layman's terms, trying to understand what it is and what is Section 11 trying to do to either promote, hinder, protect individuals. If you could just give me a little of background along with people around the circle and the four people watching on CTN. Through you, Madam President.
Thank you. Senator Maroney.
Through you, Madam President. I want to thank the good senator for that question. I watched a YouTube video on Shawn Achor. He wrote the book Happiness Advantage and Before Happiness. And in it, he talked about how the average scientific study is read by seven people. So if you take out my mother and my mother-in-law, five people are reading this. So I do believe today, one of the viewers at home is my other mother. I'm pg/rr 55 not going to say, stepmother. So if she's watching right now, I'd like to say, hi, Beth. And then there may be four other people watching. So, we don't know them by name, but perhaps if we tracked or someone could sell us their geolocation data, we could figure that out. So, the question is on -- and so back to your question, to actually answer your question, surveillance pricing. And so we know with the prevalence of data and, again, we've been collecting data for years and years, what is new about this point in time? The ease of collecting the data, that we have so many connected devices that are collecting data, the increase in the compute power. Surveillance pricing is -- basically, it's when someone uses your individual data to create a profile, assess your willingness to pay, and charge you and I different prices, perhaps for the same thing. So, there have been articles out where someone may pay 20% different price for the same good. And so what they required in New York State last year as part of their budget was a labeling, just saying if you are using that. Again, they didn't ban the practice online. If you are using the surveillance pricing, you have to just disclose that. And so, there are different definitions we're seeing, there's proposed bills throughout the country. One is passed in Maryland. I'm not sure what's going on. Colorado, California, there are lots of bills. So I've looked at several of them. Surveillance pricing is not dynamic pricing. So, dynamic pricing is -- the difference would be changed on market factors. Different things that are happening, and it's for everyone. Surveillance pricing would be based on an individual consumer's data and setting a personalized price for that person. pg/rr 56 And so, last year in the special session, there was a bill that looked at the pricing, and it wasn't using personal data, but it was pricing around rental. And they called it a revenue management device in Section 32 of 8002, where we said you couldn't do that in Connecticut. Again, there are different reports where some people said that was part of the reason why we're seeing such an escalation in rents. Again, we'd have to look at the studies to assess the correlation and causation. But back to your question, surveillance pricing is a consumer's individual data to set an individual price. We do have a definition in here, and I can point you two lines. I know I summarized, but the definition in the bill is lines 475 to 485.
Sure. Thank you, Senator Cicarella. And have you finished your question, sir?
Oh, Yes. Through you, Madam President. I'm sorry. Lines 475 to 585, the definition of surveillance pricing.
Very good. Senator Cicarella.
Thank you, Madam President. Very large bill. Lot of lines. So give me a second. Hold on one second. Oh, no. I thank the good senator for directing me to the definition of surveillance pricing. And what I'm curious is I see the definition. But is this bill going to stop that? Or is it going to have anything to do with the other sections of the bill that we pg/rr 57 discussed? Basically saying, we're going to take your data out of there so you can't do surveillance pricing to someone that went through the Delete Act, or is it completely separate? Through you, Madam President?
Thank you so much. Senator Maroney.
Through you, Madam President. Thank you for the question. But if you wouldn't mind restating it, so the implications of the Delete Act on the surveillance pricing, am I understanding that correctly? Through you, Madam President?
Thank you. And Senator Cicarella?
Yes. That's exactly what I'm trying to determine. Are they two totally separate things? Because it talks about the data that needs to be collected in order to utilize surveillance pricing. But if somebody were to participate in the Delete Act, would they not be affected by surveillance pricing? Through you, Madam President.
Thank you. Senator Maroney.
Through you, Madam President. Thank you for the question. Yes. And you had mentioned sometimes there are benefits. And so, they may be using your data and personalizing the data from a data broker to pg/rr 58 come up with a profile to assess your willingness to pay. And so you may get charged more, or you may get charged less. I'm sure that all the data points to the fact that I'm very cheap. So I would assume I get to pay less for items if they were doing an individual pricing on me. But if you opt out and that data is deleted, they won't have that profile to create that. So there is the potential that it could impact you, but they are separate parts of the bill with overlapping interests. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you for answering that question. It's a very interesting concept. I don't like the fact that individuals can charge someone more money based upon their habit, where they drive, or anything like that. I just think fear is fear. Right is right. If the thing's $5, everybody pays $5. So I just don't understand why it's being utilized. I understand supply and demand. And if the market changes, the price got to go up. I just don't understand why that is even happening, and why we allow something like that. But it's my understanding if someone is going to do this, and I apologize. If a company, a business, a retailer is going to utilize surveillance pricing, they need to let individuals know that they are using this. Is that correct? Is that how I see this? Through you, Madam President?
Thank you. Senator Maroney. pg/rr 59
Through you, Madam President. There are two different parts of the bill. One is online. And then you would have to let people know if you're using it for anything other than to provide a discount. In essence, that means if you're using it to increase prices. Why is it phrased as anything other than to provide a discounted price? We had created a definition of discounted price in this bill that I thought was a good definition of the -- and I didn't create it. I borrowed it from another state that I thought was a good definition of discounted state. I don't want to try to steal credit for someone else's good work. But a discounted price means any price for a consumer good, consumer service that is established for or increased to a consumer, a group of consumers, and verifiably lower than the generally available, publicly disclosed, and bona fide market price established for the good or consumer price. Again, we're talking about for an individual. So if you're using data to establish the bona fide market price, like aggregating for everyone, that is not surveillance pricing. However, if you are using this for anything other than discounting it, so to increase over that bona fide market price, then you would need to disclose that your personal data is being used. And we do say in here, to increase prices or something substantially similar, because there is a different requirement in New York. Again, any good piece of legislation comes back and gets amended, so it is likely that we will change that. It does say you're substantially similar to other states. It's likely we may change that to say to establish a price rather than to increase a price, because of pg/rr 60 the connotations. So in B, so Section 11B, we say that if you're doing this online for -- consumer good or consumer service to be sold, leased, exchanged, or provided as part of an online transaction, if you're doing this online, you have to label it. And then I would point you to little C, no retail seller or third-party delivery service doing business in the state shall engage in surveillance pricing. And so we do define a retail establishment. So if we go up, a retail seller means a retailer as defined in Section 12-407 of the general statutes, to the extent such retailers engaged in making sales at retail of tangible personal property, and includes, but is not limited to a retail food establishment. So, again, in person, this is modeled after the state of Maryland, which the intent was to look at, for the most part, at grocery stores. You would have to do the statutory reference to go back there. So, you can't do that in there are exemptions. If there's a reason for the price to be different, like it's more miles to deliver it, if there are other fluctuations, that's not surveillance pricing. So, again, to do that customized price in person, we're saying no. Customized price online. Let them know. Okay. K-N-O-W versus N-O for in-person.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you for explaining that. Yes. I didn't even know that that was happening. That's terrible. So if someone has three kids, they're going to need a lot of diapers. They know that they're going to need the diapers. pg/rr 61 What else are they going to do? They're going to charge that family more? I don't like that. So that's rather interesting. I'm surprised that it's even allowed at all. I understand business would have to make money, but, essentially, punish someone for needing a product. That doesn't make sense. But I do see that we're trying to address that. Stopping it in the stores. And there are reasonable reasons, as you said, further mileage, additional cost, or whatever, that may have a little bit more. But just because they need it or they have the money, I think that's silly. But while trying to solve that problem, I just want to make sure that we're not creating other problems. Because these definitions, sometimes new, may pull in other retailers that are not being bad actors. And I just have some concern about that. So I just have a quick question that, if I have a rewards membership to a grocery store, you either put your phone number in and you get a discount at the register, or if I have a card and I scan it, I get a little bit of a discount. Does this have anything to do with having to put the discounted price right next to the actual price when you're inside the store? And will have any negative effect in retailers being able to provide discounts and save people money, which we want to do here in the state of Connecticut. We want to save people money try to help them with the cost of living. Is there going to be any way that this unintentionally will affect individuals that have reward memberships and want to save money in any way, if you know? Through you, Madam President.
Thank you. Senator Maroney. pg/rr 62
Through you, Madam President, no. I would point you so, again, any good bill has exemptions. And so we look there, and it's the result of taking countless feedback, and just to reiterate, just because it doesn't go exactly the way someone wants, doesn't mean we didn't listen to you. Line 508 through 510, notwithstanding the provisions of this subsection, the following shall not be deemed to constitute surveillance pricing. And then I would point you down to subsection Capital C, line 522, establishing for offering to consumer a group of consumers at discounted price for consumer go to consumer service based on publicly disclosed uniform terms and conditions that may be satisfied by any consumer including -- but not limited to by signing up for mailing list, to close personal data, registering for promotional communications, participating in a promotional event. So, while we're there, I just want to address another concern that was raised, saying that we say you're allowed to offer a discount to maintain a customer, but someone said, what about a new customer? I would say, as long as you're doing the same thing for any new customer, that would count under these lines there. If you're offering a promotion to someone, a promotional event would count as offering a discount to try to attract a new customer. But then we do say down there, if you third-party delivery cell through a line 530, it starts with Roman numeral three. Lines 531 through 539, through a loyalty, membership, or rewards program in which consumers must affirmatively enroll. So if you're offering a discount through a bona fide loyalty or rewards program that a consumer has enrolled in, that is not pg/rr 63 considered surveillance pricing. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. Thank you to the good senator for clarifying that. Just wanted to make sure, while trying to wrap our arms around this surveillance pricing, we're not going to possibly -- may hurt the retailers, for retaining and attracting new customers. Also, inadvertently taking away that loyalty discount, if you will, and it seems as if that is addressed in this bill. And if, for some reason, with this long bill and minimal time to really dive in deep, if there's anything in here that's going to hinder people saving money, we will, I'm sure, be willing to address anything where we could save Connecticut residents money. And I talked to you about that before, so I'm assuming that would be your intentions. Through you, Madam President.
Thank you. Senator Maroney.
Through you, as a self-proclaimed miser, I would never avoid the opportunity to discuss saving money for myself or anyone else. Through you.
Thank you. Senator Cicarella. pg/rr 64
Thank you, Madam President. And, Beth, if you're still watching, if he has any coupons that were mailed to your house, please get them back to him, and he will change his address and stop that from happening. But thank you to the good senator for clarifying that. And I do appreciate you answering my questions. I just have a couple of more. And we're going to talk about quickly, the genetic testing definition. And trying to find clarity, because it's from Section 17, I think, through 19. But it talks about genetic testing. And my first question is, is this at all affiliated with the first couple of sections when we talk about data brokers, utilizing data, selling them, and being able to opt out? Is this at all associated or relevant to the data brokers and the Delete Act? Through you, Madam President?
Thank you. Senator Maroney.
Through you, Madam President. I am not a lawyer, but lawyers often use the answer, it depends. And so, I am going to borrow from my barrister friends and give you the answer. It depends. It does not specifically address data brokers. This is your personal genetic biological information that you have submitted to a company. And so, again, the way we say it's not if a doctor's ordering testing. It's if you're going through a commercial service, we've seen some of them online. One of them went bankrupt, and that's a lot of the reason that this bill has been brought up, and what happened with their data after is a lot of the reason why this bill has come about. But it does say that for pg/rr 65 your genetic information, your personal data, you have a property right in that. You need to expressly give consent, and so unless they get expressed consent in a consent that could be revoked at a later time, they can't sell it. They can't give it to others for research. There are a number of different restrictions around here. And so, they can only -- if they're using a vendor, they have to have that duty of care that the vendor won't be able to disclose it and saying this to provide the final testing or whatever it is when you're going to the company. So, it does not directly impact data brokers. Again, it's data. It's sensitive data, but it's a separate part of the statutes that -- again, since it's data, they're tangentially related. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. Thank you, the good senator. So I understand how they could be germane and somewhat tied together. But if it's not specifically about the Delete Act, or protecting people's data entirely, just curious, the reason why it's in this bill, and more importantly, what is the purpose? So when we're talking about, we're going to be creating a definition for the genetic testing or direct-to-consumer genetic testing. I'm assuming that some of the websites you could send your DNA. They'll give you your family tree. If you could just try to walk me through, if this was a separate bill, why it's in this bill, and then more importantly, besides the example you gave me, how it's somewhat pg/rr 66 connected, what does it do besides just that small connection to the data privacy and the Delete Act? Through you, Madam President?
Thank you. Senator Maroney.
Through you, Madam President. Thank you for the question. Yes. This came to us as a separate. This was initially a separate bill. It did receive a public hearing. It went through the process. I believe it was House Bill 5168. I can wait and give you the number in case I'm off on that. It was brought to us by the attorney general. But it deals with genetic data. Genetic data is sensitive data. In this bill, we look at facial recognition, which we define biological data. That's sensitive data. Data used to identify a specific biometric data. A specific individual. And so this is also sensitive data. So it is connected. We define your location data as sensitive data. Where you go, where you spend your time, how you're driving. That is sensitive information that we give you a right over, stronger protections over. The thought was, this is just an extension, and it should be in the same bill where we are talking about important data about a person. And so that is why this is here. And just to go through the bill, in Section 18, it creates a property right for your biological sample. You own that. That is yours, that you have submitted to the company. Section 19, the company prior to accepting a biological sample, and then now I'll just summarize, they must disclose their policies on the collection, pg/rr 67 use, and disclosure of your biological data. What is the policy? How are they collecting it? How will they use it when they have it? Who will they disclose that information to? What are their policies? They have to create a privacy notice in a prominent and publicly accessible location on their website. They need to get express consent from the consumer in regards to the identity of people who can access that, the manner in which they may disclose that. They have to get consent to disclose the use for -- or how they retain the consumer's biological sample for any period following the completion of the testing, the consent to take that data and give it to someone else for research. It's now they have to -- it's your property, they have to get your permission and not disclose unless to anyone else unless they have that consent or there is a court order. And then it goes further to say other people that they cannot disclose their genetic data to, so you can't if you got your testing and you couldn't sell that data or give it to an insurance company who is going to use that for your health insurance rate or your employer or any third party which the company knows or reasonably should know and tends to use that for the purposes of marketing including, but not limited to, targeted advertising. So, again, telling the company what they can't do with your property, with that biological sample, or the sensitive data. They have to have security. They have to have a process for the consumer to access their data, require the company to delete the data, and then to destroy and confirm that the sample has been destroyed. And then also, if you have given the consent for someone else to see it or to use it for research, there has to be an ability for the consumer to pg/rr 68 change their mind and revoke that consent. I would say in our data privacy bill, it's a lot clearer than where we say if you opt in for something, there has to be the ability to opt out that is at least as easy as it was to opt in. That would make sense here. It has to be at least as easy to revoke your consent as it is to give your consent. But that is not written in the law. I would recommend that when in future years we come back to improve this law. So I apologize. And it was not 5168. It was House Bill 5128 that went through the General Law Committee. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you to the senator for running through that. I think it's important to flush this out. Again, we have a lot of information. These are very complicated and really technical industry-specific terms, and truly understanding data brokers, what they do, all of the different types of data, where it's utilized. It could be used for good. It could be used for bad. I'm thinking at a simple level of gathering information and completing business. I didn't even think about all the sales type, information, and the value to that data. We talked about the car data, insurance companies. And I see that this could be somewhat germane. But this process is valuable to make sure we could flush this out. I do have genuine concerns about some of the sections of the bill. It just it'd be so great if we could vote on one thing at a time. And I know pg/rr 69 it's challenging with time, but sometimes it would be nice to say, okay. Well, this section of the bill is good. I want to vote for just this one. You can't do that. You gotta vote for the whole bill or vote no on the whole bill. So sometimes, that could be a little frustrating. But I do understand, I believe I understand what the intended purpose of this section is, or the original bill 5128 that came out of General Law Committee. I see it being challenging. As you said, I think we may have to come back and maybe try to fix it, tweak it, next year. But when you give someone something, I think there should be an understanding at that transaction. Like, we make a deal. I'm going to give you this, you give me that. Or I'm going to give you this, you're going to do that with it, and I think that's important. That's consumer protection. That's disclosure. That's someone knowing what they're getting. And I don't want to have somebody duped, and says, okay, we're going to do this for you, but then they're going to take their genetic testing and do something vindictive or utilize it in a way that could hurt that person, or they just don't know about it. So I do agree with that concept, and I'm a firm believer of that. Be a man of your word. You make a deal. Stick to it. So I don't want anyone to get deceded in any way when they think that they're going to maybe participate in one of these online DNA tests, try to figure out their heritage, maybe long-lost cousin or something. It's all great stuff. While trying to accomplish that and maybe give it away as a gift or do something around the holidays, it's great. It's awesome. pg/rr 70 But certain sections in here, when you explain this to me, being able to say, I'm going to pull it back. You could use it for whatever you want, but now I'm going to pull it back, taking away that right. That's challenging. Because we don't know what the company that accepted that DNA or that specimen, is going to be doing with it. If they gave permission to do whatever they want with it, kind of a check all, and now it's it's released out into the wild. It went here, then it went here. How is someone that starts this business going to be able to do that at a flip of a switch? That's the concern I have with this and I don't know if that was thought about, but be able to say, okay, you have the information, you could use it, but then I want you to stop using it, and if it was already distributed through other channels forms, whether it's insurance companies, testing for whatever reason, I just don't know if that was what you were mentioning about maybe trying to figure out a way to fix it down the road. But that's something where I have a lot of concerns. And again, good intentions, but possibly a negative, unattended consequence, and maybe a company that's trying to be a start-up or provide a service could get wrapped into this -- not knowing. It might be challenging for them to pull back that information, as you said. So it's just something that I wanted to just get on the record and just express my concerns with, and if someone is a bad actor, they take this DNA specimen and the person that gives it checks off the boxes that they want. They don't want their DNA shared anywhere else. And this genetic testing company then sends it out. What would be the consequences? Is there a private right of action? Is this just enforced by the pg/rr 71 attorney general? What exactly would be the the consequences if someone was doing something negative with this data and specimen? Through you, Madam President.
Thank you. Senator Maroney.
Through you, Madam President. Thank you to the good senator, for the question. One of the things I've done in my past life was I advised students on writing college essays, and one of the things they say in writing a college essay is to avoid cliches. Even though I tell people to avoid cliches, I'm going to drop a couple cliches right here. First, you're right. Once the company has sold the data, once the toothpaste is out of the tube, you can't really put it back in. But now let's use another analogy for cars. Just because you let me borrow your car once doesn't mean I should always be able to just go and take your car and do whatever I want with it. You've let me borrow the car, and next time I ask, you may say no. And that's what we're saying that you give it to them, you say you can use it for something. But if you change your mind later on, we're humans, we change our minds, we may not want to use for another research project or another thing, then you can say no. The enforcement back to your question, to answer your actual question, the enforcement is done through, CUTPA. So in lines 1148 through 1153, for those five people at home, hi, Beth again. CUTPA is of the Connecticut General Statutes. pg/rr 72 The enforcement is done solely by the attorney general. And so what that means is through CUTPA, there is a private right of action 42-110G, but we say that does not apply in this instance. It is solely enforced by the attorney general. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And I really I want to thank the good senator for taking the time to answer all of my questions. We got our text messages. I could see things here. And I think that this is so important in this process. And I hope a lot of people, especially around this circle, listen to this debate, and then make their decision. I'm a firm believer of that because we were talking about this bill with other legislators, and they weren't sure where they were going to be. And I'm also not sure where I was going to be because I had concerns. Some of them are flushed out. Some I may have a few more questions. I'll try to wrap up briefly. But somebody said to me, he's like, I was a no. But now, after this Q&A, I think I might be a yes. That's what we're here to do. This is what we should be doing. And I thank you for answering all of my questions, because that's how we learn. There's a lot of bills, a lot of different committees, and you can't know everything, and it's all in the details. And a lot of concerns I had were addressed. There are some that I still do have, and I'm not going to go back through them, but it is a valuable process, and I want to thank you. Last question on that section, and I'll be quick on the other one. I hope. All right. So I get the pg/rr 73 situation where you give your sample, specimen. You say yes, you could use it. Then you say no, I don't want it used anymore. Fine. Stop using it. But whatever was done with it prior, and whatever else will continue to happen, the individual that owns the DNA company can't pull back because maybe they're in a contract with another company. Was that taken into consideration, or will they be in trouble if, after they say the customer says, no more use of my data. Okay. Turn it off. Whatever was done prior is already out there, and it may continue to roll down the hill if you will. How does someone that entered into an agreement with maybe another vendor, the DNA company to be specific, said I'm going to get this data, and I get to do whatever I want. The client said I can. Now they get the ball rolling. But now, client wants it to turn off and wants to stop. What happens in that situation? And will they, in any way, be penalized for just being a good actor and operating by the agreements that was originally agreed to? Is that taken into consideration? Or is there anything in here that I'm missing that would stop something like that from happening unintentionally? Through you, Madam President.
Thank you. Senator Maroney.
Through you, Madam President. Thank you to the good senator from the 34th District for his question. So, if a use that was done with the consent, there would be no penalty. So, once the consumer decided to revoke their consent, it would be any uses after that. That you could no longer -- so if it was a use that they had already -- pg/rr 74
-- their consent for, you're right, like, if it was already you can share it for research or something that can't be undone, there would be no penalty for that. It would only be prospective from the moment they said no longer share, through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And I appreciate the answer to that question. And we gotta make sure that that is clear that if they agree to it and then some other company that went into contract with DNA company is still using it, the individual that says, I want it turned off, needs to know that, well, it's gonna be challenging to now try to get into somebody else's agreement. So that's something I do have a concern with. And I think that may lead to certain problems in the event of something happening. So that's just something I wanna point out and hope that it's not an issue. I'm gonna wrap up with the last thing that I think is important. I do believe that there were changes that address the concerns I have. But it's about facial recognition cameras, how they're utilized for loss prevention. And to be quick, I'm going to just make a couple of comments, and make sure I'm on the right page. And I take the good Senator at his word. I've had concerns when we originally started talking about utilizing the facial recognition cameras, and more importantly, not using them, stopping people from using them, specifically retail stores. We see that, again, cost of living is high. You go into a convenience store, something that was $12 is now $17. And there's a lot of reasons for that. One of pg/rr 75 which is shrinkage. Right? The percentage, in any business, you know you're gonna have some loss, you're gonna lose some money, but it keeps going up and up and up because people are stealing constantly. I was in a store -- I gotta be careful saying stores, but I think you can. T.J. Maxx in North Haven, long line. I'm just shopping, speaking to a resident and I see some individual with their arms wrapped around all kinds of clothes and they just walk out the front door and thing beeps and there's an employee right there. And I said, that person work there? He's like, no. I said, what did he just do? He's like, he stole it. I said, you guys gonna do anything? Like, no, we can't do anything. I said, okay. There's a long line, literally long. What's gonna deter people from doing this? Right? And not only it might may encourage other people to steal, but the cost of the goods are now gonna keep going up and up and up. These businesses have to make their profit margins. And if we don't find a way to address that, by either punishing people for stealing or deterring it, that problem will get worse. So I have a very, very serious interest in this and a valid concern. And I want to just make sure that my concerns are addressed. My understanding of this now is if a company wants to utilize this, let's say it's one of the big retailers. There's many. There's pharmacies. There's hardware stores. There's clothing stores. So it's gonna say companies want to use this. They're gonna go to a technology company of some sorts that will give them that technology to utilize the camera. They'll recognize a face of someone that was identified as being a shoplifter. And I just want to make sure that they will still be able to utilize it. They just need to notify the customers that they're utilizing the technology, if the good Senator could answer that question for me? Through you, Madam President. pg/rr 76
Thank you. Senator Maroney.
Through you, Madam President. Nothing in this bill prevents the use of facial recognition technology. Again, I think we've gone back and forth about what is sensitive data. Biometric information to identify a specific individual is sensitive data. And so you shouldn't be using facial rec to identify an individual person who is coming into your store. Right? Again, I already have my loyalty program, my phone. There are many ways they may know you're in the store, but the facial recognition because we say that sensitive data, you would need to give your permission for that to be used. However, within the bill, there are exemptions. The security theft and fraud prevention exemption. And so people were citing that and able to utilizing facial recognition technology. So, really what we're doing is we are clarifying how you can use that technology. And we're saying that as long as you disclose, right, readily accessible at the entrance that you're using that technology, you create a policy around its use. You have a link to that policy. It doesn't have to be disclosed at employee- only entrances, but it's at, you know, where the general public would be coming into the store. And you're using it in a way where, as you mentioned, we've heard organized retail theft is a big issue and it's costing lots of money to stores. But if you're using it in a way where you are identifying someone who comes in the store, but you're matching them. Right? So you're not identifying every person. You're just looking to see is this someone who we've had a problem with in the past. So in a database of people for whatever reason the stores had a problem with, and they exclusively maintain that database, pg/rr 77 then you can use it to match people against that so that your loss prevention or however it works within the store could be notified. But you can't use it to say, hey, Paul Cicarella is here again. Right? But unless Paul Cicarella had stolen from that store and was on their warning list, then they could use it. Again, not to identify the individual, but to match against that database of people who they've had a problem within the past.
Thank you. Senator Cicarella.
Excellent. Thank you, and thank you for answering that question. And then just the last question is, how do I say this simply, so if one of the retailers, one specific chain utilizes the same software as, say, it's a pharmacy chain, use the same exact software as a hardware store. And in the pharmacy, somebody was identified to be stealing and a shoplifter. And the same hardware store uses the same system from the same vendor, would they be able to share the data with other clients? I mean, the data is gonna be protected by or stored within the company. So not technically sharing it, they're just utilizing a technology and a software. And I just wanna make sure that if someone's identified as a shoplifter in a pharmacy, they go into a hardware store that has the same technology from the same vendor that they will be notified that that person's a shoplifter at the hardware store. Through you, Madam President.
Thank you. Senator Maroney. pg/rr 78
Through you, Madam President. It speaks to the maintaining of the database, so it's exclusively maintained by the store. It doesn't say how that database was created. So, it couldn't be an automatic sharing, right? But if there were a way that it was maintained by this store. So again, we don't speak to the process that someone gets on that list or in there, but it's just the database itself has to be exclusively maintained in the store. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And I am wrapping up, but I do want to clarify this. This is a big concern of mine. So if it is maintained in the store, this database, and they're going into one pharmacy, they go into the pharmacy across town. Same pharmacy, same chain, same name, just different location. The data that's sitting at the pharmacy where they originally stole would not be shared with the other pharmacy down the street? The same company, just different location. Through you, Madam President.
Thank you. Senator Maroney.
Through you. Same company would be permitted. That is clearly, like, under control of the same. And then I would also point to our data privacy. Again, it's not written in here, but the right to opt out of sale of, like, commonly branded websites. So if a pg/rr 79 company had other commonly branded stores, it would be similar. Through you.
Thank you. Senator Cicarella.
Thank you, Madam President. I'm done with my questions, and I thank the good Senator. And it was a valuable process. I got to really understand certain sections and get a lot more comfortable to build. But this is one that I really do have a hard time with. You know, my understanding of the technology is someone that creates this software is selling it to retailers for a purpose to prevent loss, which as I said earlier, helps everyone. Everyone have more reasonable prices when they go to shop. And the value in that technology is being able to be alerted if someone is known to be a shoplifter. And I think it doesn't only hurt the general consumer who has to pay higher prices because of people constantly stealing, but it might also hinder the company that provides this service because the value there might not be as much. If I was gonna go sell to a big box store and say, "Hey, I have technology. I hold all the data. I don't share with anyone else. I just alert you and your loss prevention when someone is known to be a shoplifter." Anywhere, I think that's gonna have more value and I think it will be utilized widespread. And that is a concern that I do have. I'm not gonna belabor the point, but I do believe that it's going to help law-abiding citizens that want to pay less at stores. And it's gonna help companies be able to show that there's a value in their product. And that was a concern that I shared originally. pg/rr 80 And I do know the great Senator along with General Law Committee did work on that section, and got it to be to a point where it's gonna serve some type of a loss prevention purpose. But I really believe that we really, really have to look at that. And that's a concern that I really have. And I wanna thank the General Law Committee, the Chair, for their hard work on trying to get this to be something that maybe agreed upon by everyone. But I do believe there are some concerns that I still have. But I wanna thank Senator Maroney for his good work and along with all of our staff on both sides for trying to comb through and analyze and try to make sure that we're proposing good legislation to solve problems without having unattended consequences. And I truly believe we almost got there. At least, I almost got there. I think I changed someone else's mind though for you, but I don't know where I am yet because I do have concerns. I wanna thank you for your time. Thank you, Madam President. And I'm gonna turn it over to the next person.
Alright. We are still on the amendment. Will you remark on the amendment? Senator Hwang.
Thank you, Madam President. Good afternoon. Before I begin, I do wanna acknowledge the great work of the General Law Committee, the good Chairs of the Representative Lamar, also the Ranking Members, Cicarella as well as Rutigliano. And I especially wanna acknowledge the dialogue that has occurred between my Senate colleagues on this issue. The technical details are just simply, very challenging, very complicated. And I wanna thank Senator Maroney for including me as a participant in the AI task force, but also in many of the other initiatives pg/rr 81 that he has been a remarkable leader on. So thank you. That being said, I really wanted to be able to offer some context and thoughts on this. I think the first point that I wanted to make is that technology is truly an essential part of modern life. I come from an age where there wasn't a smartphone, and PCs were a just an idea. And we had progressed in the nearly 30 plus years to be at a technology where it's stunning in its pace and its growth, but also its dramatic impact on our lives. It not only has been able to increase communications and create efficiencies, but now we have gone far beyond in regards to tremendous impact in people's personal lives. And we, yesterday last night, had an engagement in regards to concern about artificial intelligence and the leaps and bounds that will continue to impact all of our lives. So make no doubt about it. Technology is an essential part of our modern life. And the good intention of this bill, and the title says it concerns consumer privacy and protection, and that is an important element as well. And I think we have seen the dramatic impact and the slow adaption, but also the consequential impact on people's lives. And I wanna be able to reference that kind of combative challenge that has occurred because consumer protection and privacy is essential as well. And we have a tremendously difficult balance between the innovation and the fast paced change and the adaption of technology against the consumer privacy and protection. And then we have a constitutional consideration of a First Amendment protection. And I think those kind of intertwined issues have created a very, very complex discussion. As the dialogue that occurred between the good Senate colleagues in the committee of General Law articulated that the devil's in the detail, and there are tremendous, tremendous pg/rr 82 complexities and uncertainties. And I think one of the most poignant terms that was offered by the proponent of this bill is the fact that he's not sure. He wasn't able to offer a definitive answer. And that is the real challenge that we have as policymakers is when we're making laws that are changing so quickly and even the strongest proponent of this legislation in the course of a debate offered the sincere of answer that he really didn't know and wasn't in a position to offer definitive answers. That struck me because if we're gonna make laws that are gonna impact every aspect of our lives, no matter how noble and well intentioned it is, if we don't know all the answers but we're gonna pass it and impact people, it reinforces people's perception of the potential arrogance within our legislative body and making laws that impact people's lives when we don't fully understand the implications on their livelihood, on their businesses, and their ability to sustain and thrive in the State of Connecticut. Now, no doubt, privacy and protection are essential, and they are not mutually exclusive and do not defy the First Amendment protection. For many of the companies and technology innovators that says a blanket protection of First Amendment is sacrosanct. To me, what we did in 2022 in drafting a bill that I was extremely proud of and participated and actively supported, and that is Public Act 22-15. And the bill was an act concerning personal data privacy on online monitoring. And the proponent of this bill was also a tremendous champion of that bill in 2022. Now that bill passed with near unanimous support, except one absentee vote. Thirty five Senators in this circle supported that bill. We had industry buy into that bill and actively engaged in crafting a policy that we were all extremely proud of. In fact, dare I say, it was first in the country in regards to online privacy. So through you, Madam President, pg/rr 83 could I, through you, ask the proponent of this bill but also the proponent of the bill in Public Act 22- 15 some questions related to both?
Please proceed. Prepare yourself, Senator Maroney.
Thank you, Madam President. In 22-15, in the course of the presentation, which I greatly appreciated and valued, on this bill the good Senator cited the consumer's right to data privacy. Could he enumerate those specific privacy protections that have been outlined in 22-15? Through you, Madam President.
Senator Maroney.
Through you, Madam President, I thank the good Senator for his question. I'd like to also point out that we were not the first state in the country to establish data privacy rights. We were the fifth state in the country. California was the first, Virginia was the second, Colorado, Utah, and then we passed our bill on the third attempt. Also, I'd like to point out that there has been considerable input from industry on this bill throughout the process. In 2022, we established data privacy rights. At that time, we established five rights. We are now up to seven rights because we are writing laws. We are not etching tablets in stone. As things change, we come back and address those concerns. So the initial five rights were the right to access, to see what data is being collected about you. The right to correct, so if they have wrong data about you, you can correct that. The right to delete, if data has been pg/rr 84 collected about you that you would like to delete, you can do so. The right to opt out of processing of solely automated decisions. So, again, a lot of people, say, oh, automated decision making is new. It's gone back. We were looking at it. We actually in 2022, we created our first AI task force. Before ChatGPT was launched, we created a task force to look at automated decision making in the State of Connecticut. Harms go back over 20 years. We addressed those the other night. The fifth, some of those harms. I wish I could say we addressed them all, but we saw some of those harms that have been for decades, and we addressed those problems. And again, why should we wait so long to address problems when we know there are problems? The fifth right was the right to opt out of the tracking for advertising or the sale of your data. Those have been expanded. We have the right to see any third party. So last year we added the right to see any third party where your data is being sold. So when we passed this law, we were the fifth state in the country. There are now approximately 20. There is some debate about Washington State has never passed a comprehensive data privacy law, but their My Health My Data is scoped so broadly that some people consider that comprehensive. Florida has a different model than the other states. So there's 20-ish states who have data privacy laws in the country. Last year, in addition to adding the third party rights, we added the seventh right that you have in Connecticut was the right to know if your data is being processed for any automated decision process. The reason we added that is we created a right to opt out of the processing, but how are you going to opt out of something that you don't know is happening? So we added that in last year. So there were other requirements within the bill, but those are the rights that were created. It was a bill, that bill was a bill about rights and responsibilities. This is a bill about helping to pg/rr 85 make those rights easier to access. Through you, Madam President.
Thank you. Senator Hwang.
Thank you. I'm glad I asked the right person in that context. And I appreciate those rights are critical in protecting consumers and the proliferation of technology, which has just jumped by leaps and bounds. And I want to thank the good Chair of General Law and an advocate, passionate advocate in that arena. And I support those rights. Now my question would be then, those rights, we've added two more. How has the climate changed, and how has been the effect of the Bill Public Act in '22, now in 2026, that we are approaching another set of regulations and privacy and protection that increases its impact on businesses' ability and consumer protection balance? So through you, Madam President, could the good Chair of General Law and the proponent of both these bills be able to articulate what has happened in a positive right and the effect in the marketplace from the '22 Public Act to currently right now in the rationale for this bill today? Through you, Madam President.
Thank you. Senator Moroney.
Through you, Madam President, I thank you for the question. Well, I can say one of the things that was threatened to happen definitely did not happen. People were afraid it would negatively impact the pg/rr 86 business climate in the State of Connecticut. We are now the 12th fastest growing economy in the country. So we could no longer -- that's often thrown around as an argument that did not bear out. The reason we have made changes to this bill, and again, any major legislation has changed. Right? We look at every year in General Law, we pass an alcohol bill. There was beer in the ancient pyramids in Egypt. Alcohol is thousands of years old. Apparently, we still didn't get the laws. Right? Because we have to change them every year. There's nothing to say that we can't come back and update things as situations change, as new harms arise, as we learn about new issues. One of the things with this bill that we wrote in is we asked the attorney general every year to do a report, an enforcement report. From that enforcement report, we have learned that of the complaints about people who did not delete the data or other, you know, when people were trying to access their rights that we had created for them, that it was typically about a third or more fell under one of the exemptions in the bill. And so part of what we have done has been clarifying and learning from those exemptions. When you create a right for someone, we wanna make sure that it's a real right. And that they can delete the things that they want, delete it as long as, again, we talked about there are safety concerns, there are other reasons, you can't delete publicly available records. Right? The government has record retention laws that there are certain stuff you can't delete, but we wanted to make sure that we were tightening those exemptions or the problems that we had seen under the Attorney General's Enforcement Report, which are great reading if anyone is interested in reading them. Through you, Madam President. pg/rr 87
Thank you. Senator Hwang.
Thank you. And I appreciate the perspective that's offered by the good Senate Chair of General Law. And I think that's part of the component that we're talking about. And I'm grateful that when we passed the law in near, again, unanimous support and collaboration and engagement, that we did not harm the business climate and that we are very much on the uprise as a state in economic vitality. But we also need to remember the accompaniment to that bill was that we rejected the AI bill that was preoffered at about the same time. We now, through this session in the past week, have been a double whammy on Connecticut businesses to be able to pass not only this possible bill, but now a new AI technology bill that in our debate previously, I raised the real question, why the urgency? And potentially, that in '22, we passed one that balanced privacy and protection, but at the same time did not hurt our businesses. But now we are doubling down, adding more components to this bill and in combination, passing AI restriction and algorithm analysis that I objected to. So again, are we ready to roll the dice again? And as the good Chair of General Law articulated and many other good work that they do, you're right, alcohol has existed back to the ancient times. I feel like I'm invoking, you know, Senator Kissel, a little bit of history. But I can assure you, in present time, General Law has done an incredible work in addressing THC levels of marijuana influences into General Law and in our alcohol consumption. And we as policymakers legalized marijuana in the state of Connecticut. So in some pg/rr 88 respect, we cause our own problem that we have to go back as policymakers to fix. So again, I understand. We make laws in this building, but sometimes we make laws that negatively impact the people that we represent and serve, and then we go back and say, let's go fix the problem. And another example, online in sports gambling, and I've deviated from the conversation, but we're picking up the pieces of gambling addiction. That passed out of this legislative body for the sake of revenue and lawmaking. So, again, we as lawmakers have an important responsibility of the consequences and impact of legislation we passed. It sounds great under the dome, but are we really considering the impact on the people that these laws will have implications for? In times and many times in talking to people up and down main street, businesses that are struggling to stay in a state that they love, that these laws are impacting their ability to thrive. And that is something that's very important to me as I sit and represent in this circle the people that struggle every day and feel as though they're not being heard and that us as legislators know better than anybody else. I'm gonna move on and just talk a little bit about some real life implications. One of the struggles I have with this bill, and, Madam President, it's wonderful to see you up there. One of the struggles that I have with this bill and the exemptions that were preoffered in 22-15, and I believe those exemptions are still applicable in this bill. Would that be correct? Through you, Madam President.
Thank you, Senator Hwang. Senator Maroney. pg/rr 89
Nice to see you, Madam President.
Through you, I think also first, before I answer, the AI bill and the data privacy bill were not offered in the same year. So to correct that statement that you had made, in that bill, we created a task force to look at regulating state government. So back to 2022, we looked at regulating state government using potentially creating an AI bill of rights. We created a task force that included a co-chair from CASE, the Connecticut Academy of Scientists and Engineers. We had several members on our task force from CASE. One of whom was David Ferrucci. David Ferrucci, if you are not aware, from IBM ran the Watson project, which was really the godfather of AI. So we included scientists, the people who developed this industry, everyone, and we came up with recommendations. In 2023, we regulated state government use of AI. The first bill that looked at private and we weren't regulating the technology, it was a use case, consequential decision making, and that's what we regulated. Unfortunately, since that time, more harms have come up that we had to address in the death by suicide of children and other issues that we addressed in chat bots. And again, in any day, if it comes to protecting that, you know, I think we all agree that we need protections when we see those harms, but we are trying to be prospective. In 2024, we proposed the first AI bill that was passed out of this chamber, again a narrowed version, but it's not regulating technology, you pg/rr 90 regulate a use case. Back to the exemptions, there are still exemptions in the original bill. So the original bill is now public. It's Connecticut General Statutes 42-515, where there are exemptions in Section 42-517 and 42-524, I believe. There are exemptions in that bill that would still apply to, again, that is for personal data going to a personal website. Some of those exemptions carry forward and apply to what we're saying here. We wrote in some of those same entity level exemptions, and we cited some of those use case exemptions as well. So, through you, Madam President.
Thank you, Senator Maroney. Senator Hwang.
Thank you, Madam President. I wanna acknowledge the knowledge that was imparted to me by the good Chair of General Law. Right, the timing of it all. And I think that [audio cut] I appreciated on this issue. Darn technology. But as the good Chair articulated, you're right, in 2022, the offering of the AI bill became a task force. And Mr. Ferrucci, who I've admired and had an opportunity to engage as part of the AI working group, thank you, Senator Maroney, for including me, was remarkable. The insight, the perspective, and the vision that's offered by him was stunning. But it was a task force that had a wide ranging players in that engagement. And from that, we were able to engage, participate, and use real life analysis. So through you, Madam President, who were the task force or the major players in the development of this bill? Did we have the same kind of breadth of engagement, marketplace, industry, citizen groups in offering the analysis and real life experience that was offered in the initial stages that we offered in '22, '23, and '24? So through you, could the good pg/rr 91 proponent articulate who were part of this process when in the past we had a task force, we had engagement, did that same process occur with this bill and with the AI bill yesterday, even though that's posthaste? Through you, Madam President.
Thank you, Senator Hwang. Senator Maroney.
Through you, Madam President, not every piece of legislation is born out of a task force. So, numerous people were engaged. We have a public hearing process where people came to testify on the bill. Since that time, I have received emails from industry, some people in academia, and consumer report groups, who have been engaged throughout the process. Through you, Madam President.
Thank you, Senator Maroney. Senator Hwang.
Through you, Madam President. That is my concern. As we embark in thinking that we know better, we know more, we no longer go through the painful, the engagement, the opposition perspectives to craft a real sustainable compromise solution that everybody's in the play. What I just heard was the fact, yes, in '22, we had more collaboration of outside players. In '23 and '24, we had a task force. But in this bill, as the good proponent of this bill says, not everything goes through a task force because we have the experience. We now know, and therefore, we're gonna pass the law without engaging. That is truly one of the most slippery of pg/rr 92 all slopes where we start believing that we know better in making laws that impact businesses and people's lives. That is the struggle that I have for this. But I won't belabor the point, but that is one of the major frustrations of many of the small businesses that have reached out and said, "I understand the concept and technology is an essential part, but I don't feel like I have a say in this. And these laws are gonna impact my livelihood, my ability to make a living, or more importantly, a business that I've spent my life building. The well-intentioned legislation of people who know better are going to dramatically impact my livelihood." And the fear is as I oppose the AI, not for its merits, not for what its intentions are, it is the devastating impact that could. And it is not as though this state is robust, and I'm glad we're climbing the ranks. And that's an applaud to the workforce initiative and many others that are involved in this. But this, I fear, will be a growing chilling effect on businesses because we have the best of intentions. But what I just heard was we don't need to engage everybody. It takes too long, and a task force isn't required for many of the policies that we need to undertake. That to me is disrespectful of the people we represent and disrespectful the impact that we will have on them. So I'm gonna move forward and talk about some real life implications that are considered. I think one of the real life implications that I was just thinking about on line 475 related to surveillance pricing. The good chair, the ranking member articulated some of the questions related to it. But I'm looking at surveillance pricing. And one of the implications was the fact that you're gonna use personal data and you need to declare. And we gotta be very careful in regards to how you use that to set pricing. pg/rr 93 So through you, Madam President, how would the good chair and the proponent of this bill handle surge pricing that Uber and Lyft, our ride services, utilize in technology of time, space, and location of the individual through their algorithmic research to be able to offer surge pricing? Is that gouging? Is that a misuse of data application? And will our rideshares be subject to these kind of challenges that are articulated? Have we thought about that? So how would surge pricing as a marketplace indicator using data, using analysis and location and personal data be regulated? Are we gonna say, uh-uh, you're pre offering based on condition, data, and information, that I'm gonna double your price because there's surge? So through you, has the good proponent of this bill considered the real life implication of some of these data points in regards to surveillance pricing? Through you, Madam President.
Thank you, Senator Hwang. Senator Maroney.
Through you, Madam President, I would point the good Senator to lines 475 through 478. So surveillance pricing means the practice of establishing a customized price for a consumer good or consumer service that is specific to a consumer based in whole or in part on the consumer's personal data. So surge pricing would be based on factors beyond the consumer. So that would not be considered under the surveillance pricing bill. Through you, Madam President.
Thank you, Senator Maroney. Senator Hwang. pg/rr 94
Through you, Madam President, it's splitting hairs in my mind. And to any good lawyer, that would be a subject of question, that it's an unfair pricing. And it is personal data. You're finding out where I am. You're using that data point in surveilling where I am and the location I'm at, and you are using surge pricing. Again, real life examples of modern technology in the real world application, and we're gonna craft laws that are gonna open up a can of worms in litigation. That's the concern that I have. There are many other ones, but I will not belabor the point. Another example of the exemptions. One of the things that we challenge in this legislature is equity. But through these exemptions, we are now picking winners and losers. We're gonna protect the lawyers. We're gonna protect the banks, and rightfully so, financial services. But you know another sector that this exemption from all of the surveillance, all of the data points that are collected, all the data mining that we're now frowning upon, you know who's exempt on that? You know, for many of us that are gonna run-in this circle in the November elections and a statewide election that's happening? Wait a second. Political campaigns are exempt from this data collection. So I can't tell you how many times during the course of a political campaign where people have said, how did you get my information? Why are you calling me? I'm on a do-not-call list. But wait a second. This bill picks winners and losers. And we are now saying that guess what? For political campaigns, you can use all that data mining. You can use all that personal data and consumer activity so we can get a hold of those voters and say, hey, vote for me. How do we justify that? Picking winners and losers when we talk so much about equity in this circle that we have just now selectively exempted one of the most pg/rr 95 impactful and readily visible activity of impacting people's private data. Why? So through you, could the good proponent of data privacy and protection pre-offer the rationale for that exemption? Through you, Madam President.
Thank you, Senator. Senator Moroney.
Through you, thank you for the question. We carried over the entity level exemptions from the data privacy bill. Through you, Madam President.
Thank you. Senator Hwang.
Through you. And I appreciate that. And I did offer the point of data privacy 22-15, the Public Act, and today's act. But have we not considered that continued exemption that defies equity, that defies protection, especially on the heel of yesterday when we challenged and tested freedom of information, which is sacrosanct to a functioning and First Amendment protection in our land and in this country? We're now going to exempt. But, nevertheless, we have said that political campaigns in the Act of 22-15 and in this act, that they continue to be exempted. So, again, one of the most intrusive and, dare I say, feedback from many of the voters that we try to contact and try to persuade, some of the most annoying outreaches that they get in saying, how did you get my information? And the answer, unfortunately, is we're exempted. So, again, you talk about consumer privacy and protection. Why was pg/rr 96 that not considered in '22 and in today's legislation? Why? The equity concern is a mystery to me and frustrating for many of the people that we represent. Through you, could the good Chair articulate why the exemption?
Thank you, Senator Hwang. Senator Maroney.
Through you, Madam President. I thank the Senator for the question. I thank him for his support on the '22 version of the bill. The exemptions as was mentioned previously were all had various reasons. If it was federally regulated, so with the GLB, The Gramm-Leach-Bliley Act, with HIPAA and other exemptions. This one is, and you alluded to the First Amendment, political speech often falls under that First Amendment protection. Through you, Madam President.
Thank you, Senator Maroney. Senator Hwang.
Thank you. And that is the basis. We're picking winners and losers. We're picking statues that offer protection for winners and losers and say, mm, you're exempt. You got leverage. You got influence. I'm gonna use the First Amendment as a protection. And that's a struggle. And I know California has an example as articulated many times by the good Chair and the advocate of this bill. In California, let me recite the bill. The California Age-Appropriate Design Code Act. That has been an innovative and we have predicated and based a lot of the analysis and the experience from California. pg/rr 97 You know what's fascinating? I'm reading through the case and the basis of that is it doesn't violate the First Amendment because it protects a specific purpose in action. And to me, I read that with great interest. But you know what struck me as interesting is that is now under review on the Ninth Circuit Court. And one of the most passionate, articulate, and vigorous advocates of personal freedom and protection, the ACLU offered a friend of the brief and opposed the broad expansion of privacy and protection, that this runs foul because we have a very narrow band. The well intention of '22, some of the legislation that's been led by the General Law in regards to youth protection on the Internet and many of the proponents, it is well intentioned. It's targeted. But what I'm fearful for is the fact that we are now sliding back to encroaching more and more legislation because we know better. We no longer need a task force because we've done it before, and we've seen it. And we're gonna say, we understand it. There is no doubt that we have incredible knowledge. But when knowledge is based in a vacuum, and we disrespect the people that the laws are gonna impact and the businesses that could be permanently impacted, we're not doing right. And you're violating First Amendment. I'm not talking about big tech companies that use the argument. We're talking about the broad implication of these legislations that violate First Amendment. Small mom-and-pop businesses that need to use data algorithms to be able to find their customers, to be able to sell and engage in commerce so they can survive. The real possibility of this slippery slope of data consumer privacy and protection could impact their ability to try to find that customer in an increasing marketplace, not only in the town, but in the state, but also nationally, internationally. pg/rr 98 Look, Estee is a national company that competes and impact our local businesses. The problem is they're not regulated, but they are impacting our small businesses. So we may have every bit of intention of consumer privacy and protection, but we're not understanding on a greater national and international scope of where technology is impacting businesses, then we are creating unintended consequences that will drive businesses out of the State of Connecticut. Because they can go to Maryland. That may be the one state that doesn't have that in action. Georgia, North Carolina, South Carolina, Florida. The mobility is immense. People have choices. We may pat ourselves on the back and say, yeah, this is well intentioned. We are going to do the right thing and save lives, and there's no doubt about that. And I wholly support that. But there are components of the bill, there are components on the AI bill that could clearly focus on those things, but we reach beyond. We add on because, oh, we don't need a task force anymore. We know better because we have the experience. That is, unfortunately, the path and the process denied of representing the people that our laws impact. So I will reluctantly vote no on this issue, just as I was reluctant in regards to the AI. Many, many good parts about this. But the reality is the people that I represent, the businesses that'll be impacted, even they may have had input in this dialogue. Through you to the proponent of this bill, I've heard from people that they don't like this. It's just another obstacle for them to be able to compete in an already competitive marketplace. Are we truly listening to them? I hope that those that will vote no will say that we have heard you. And that this debate beyond the technical aspect is a real life implication aspect. The surge pricing, the surveillance pricing, well intentioned, but the execution is deviled in the details. pg/rr 99 So, again, I'm gonna close by complimenting the great passion, knowledge, and acknowledge the great work of many of these people to bring these discussion forth. I wish we had more dialogue, more engagement from all the parties, and more disagreement. More disagreement to make a better product. But I'm fearful we didn't have that. And as a result, we're gonna be passing legislation should this pass that will impact businesses. And if they feel as though they're not being heard, they will quietly do the walking out of the State of Connecticut, and that is what we cannot stand. We need to support them. So I urge opposition to this bill, not for this intent, not for its noble goal, but the devil in the execution. So thank you, Madam President. I wanna thank the proponent of this bill for his advocacy. He's been a tremendous, tremendous and resilient leader in this. I just hope that we were able to kinda step back and remember that the laws we make in this circle impact the lives of the people that we're supposed to represent. So thank you, Madam President.
Thank you, Senator Hwang. Will you remark further? Senator Maroney. Oh, I'm sorry. Sorry, Senator.
Thank you, Madam President. I wanna first begin by thanking the chair of the committee and the ranking members for what you guys have put into this bill. After listening to the debate of AI and I voted for that bill, and I just see the emerging market that is upon us, it's I think past the the threshold, and we're now entering more into a growing industry that is going to basically be operating at light speed, Madam President. So I think this is very timely that pg/rr 100 what we're doing here today. I think it's important to that we address what's what is happening. And currently, you know, this is a very unregulated market. And I think because of what seems to be surfacing, and I gotta believe that there are a lot of consumers out there, the public that are saying, hey, wait a minute. I don't have access to some of this information. I don't know what they're collecting from me, and I don't know what's being sold. And specifically regarding the accuracy of the information that a data broker may have on consumers. I think there needs to be some type of regulations as to them making sure that the data that they collect is minimal for them to operate, but also it needs to be accurate for the safety of the public. So, Madam President, I agree with a lot of groups that we should have some fundamental rights for the consumers, that we should be able to make sure that this information that is being collected and sold needs to be accurate. So I'm sorry for being a little redundant there. But, you know, such as rights for the rights to access, the right to delete, the right to correct, and the right to opt out I think are extremely important. And through you, Madam President, I'd like to know, if what the federal government currently are doing regarding this area specifically? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you, Madam President. Thank you very much for the question. The last major piece of comprehensive data privacy law legislation that was passed by the federal government was the Children's pg/rr 101 Online Privacy Protection Act, which was passed in 1998, which is well before social media. I guess I had owned a computer before that, but anyways, it was a long time ago. There have been a number of fits and starts where they have proposed different pieces of federal legislation. Just the other day, I haven't had the chance to review it. I've been asked to comment on it, but I haven't read the legislation yet. But based on Kentucky's data privacy law, they are putting together a proposed federal data privacy legislation, which would be similar to our legislation. Again, Kentucky, everyone is based off of the same model, which ironically enough, it's off of Senator Carlyle from Washington. Washington State never passed the bill. So it would be similar, but that's proposed legislation in the federal government. Before that, there was the American Data Privacy Protection Act. There were several different proposed pieces of federal legislation, but nothing has passed since 1998. So that's a long way of answering your question, Senator Martin, by saying they are trying but not doing anything. Through you, Madam President.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. Like I said in the debate regarding AI, it just seems like states are going to be creating their own statutes, and each of them are gonna be slightly different perhaps than the other states. And gonna be very complicated for these brokers, data brokers in this instance, AI developers and the other bill, but I can see the complexity in the issues that they're gonna have in trying to accommodate and make sure that they're addressing each of the laws. And by us doing this pg/rr 102 bill, we'll put a little bit more pressure on the federal government to establish overall federal standards that everybody can tap into. So, I'm just gonna ask a few questions regarding the bill just to make sure that these issues of access, being able to delete and correct information are in the bill. So regarding the bill, how is this bill prioritizing the transparency by the data brokers? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you, Madam President. Thank you for the question. And so, one of the requirements is for the registered data brokers that they can't process data in ways that violate our existing data privacy laws, or the laws of this act. Within this act, we create a registry. And so then on that registry, which will be through the Department of Consumer Protection, the Department of Consumer Protection will then create two different websites. Well, they'll create a website. So they'll have the registry where the companies go register, submit their information. There's a list of information they have to submit. Then, the Department of Consumer Protection will create a website that'll have the link to this universal deletion mechanism, as well as a link to all of the information on the data brokers who have registered. So you will then be able to see a list of all of the registered data brokers in Connecticut with certain information about them. So increased transparency on who is considered a data broker and working within the State of Connecticut. Through you, Madam President. pg/rr 103
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. So what I understand is that the public will be able to access this website through the Consumer Protection agency website. And on that website, we will have the list of data brokers and their contact information. Is that correct, Madam President?
Thank you, Senator Martin. Senator Maroney.
I apologize, Senator Martin. Would you mind repeating that question?
Can't do two things at one time. I get that all the time. So my question is, so that I'm clear. so the consumer protection agencies will be developing a website. All the data brokers will have to register. They wanna collect data from the public in the State of Connecticut. On there, there will be the name of the company and the information, I would imagine, of what they are collecting. Correct? Through you Madam President.
Thank you, Senator Martin. Senator Maroney.
Correct. I believe that that will be part of the information they'll have as well as a link to the pg/rr 104 company we need to provide, like, their privacy policy link there as part of the registration. So you will be able to see general information, but then actually to go to hyperlinked to the data brokers website to find further information.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. I just wanna be clear that the consumer will be able to see on the website the information that is being collected from that data broker about them. Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
If you could just give me a moment, Madam President. So, thank you, Senator Martin. So the information that is on the Department of Consumer Protection's website will come from the the registry. When the data broker registers, they're required to submit in information that would be there a link to so the applicant's primary Internet website, so their main website, but also a page on their Internet website that details how the consumer may access their rights that we've created. So the rights again to access, so to see all the data that has been collected, to delete it. So we'll have to link to that page, but it'll also give details whether the applicant in the registration, they have to list whether they collect minors data, consumer's precise geolocation data, consumer health data, and what protections they take. pg/rr 105 So it doesn't, on the DCP's website, it won't say the specific data they have. It'll say, like, if they're collecting sensitive data, children's data, precise geolocation, consumer health data, but then it will have a link to their website, that's where you can find out from each individual broker what information they have about you. So I'm not sure if that clarifies, and I apologize. I know it's a lot of steps to get to things. And we are trying to make it easier for consumers, and sometimes when you make things easier, you may make them a little harder in a way. So through you, Madam President.
Thank you, Senator Maroney. Senator Martin.
Yeah. Thank you, Madam President. You hit it right on the head of the nail here. It's making it easy for the consumer to be able to address some of the things that they would like to see or correct. So through you, Madam President, so it sounds like they go to the website of the Consumer Protection agency. There's a list of the brokers. From there is a sort of a brief information on what they are collecting along with a link that will bring them to the broker's website. And there, it's a little bit more detail that they may be looking for. Alright. From that point. Alright. Now, through you, Madam President, so what I'd like to know is, will they be able to correct or delete any information that they find about themselves at that point? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
pg/rr 106 Through you, Madam President, and I apologize this isn't gonna be a completely not an easy answer in that from DCP's website, as of 07/01/2028, there will be a link where they could submit their information to request that every data broker deletes their information, or they could say, and they have the right to choose, they can say, well, you can either say every data broker or you can exclude specific data brokers and say, they don't have to delete my information. They would have to go to the individual data brokers website, which it should link you to the page that gives you instructions on how to access that data. So then from the individual data brokers website, you will be able to access the data that they have collected about you, and then to request to delete that data if you would like. Oh, and another right I forgot to say before is the right to portability. So not only can you access, you can correct, you can have your data if you choose exported to you in a portable format. So through you. But that is under existing statute. That is not new envisioned here. So I'm sorry for the confusion from that.
Thank you, Senator Maroney. Senator Martin.
Thank you. I think I understand that there are two points where they can correct or delete to some extent. So at the Connecticut website, Consumer Protection agency website, broker's name, and they can opt out right then there or delete right there. But I guess if they're okay with, they don't have enough information before they give that approval or that the request to delete is they can go into the website of the broker and then, I guess they can pg/rr 107 pick from a menu, delete, correct, et cetera? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you Madam President. That is correct. They can bulk delete or they can choose to, from the DCP's website, they can bulk delete all of their data from data brokers or they can choose that every data broker has to or only some of the data brokers. But to access and correct, they have to go to the individual websites. But the bulk deletion can happen. Bulk or selected deletion can happen from DCP's website. Through you, Madam President.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. I think you've already addressed it, but maybe just in brief, can you just speak to this bill, the opt out mechanism in the bill itself? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you, Madam President, there isn't a direct opt out mechanism here. And so the mechanism is to delete your data. And then what happens is if they can't verify who the consumer is, then instead of deleting your data, they will just opt you out of the collection going forward. And so when you pg/rr 108 delete, it actually is a combined delete and opt out going forward. You'd have the option to delete your data and opt out of collection going forward, if they can't verify who you are. So it's up to the state to verify that the person is who they say they will be, and then pass it on in bulk to the data brokers. But then if it isn't verified, the data brokers do not have to delete your data. Instead, though, they opt out of prospectively, going forward. And I apologize, it is confusing. There is a lot in the bill. Through you, Madam President.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. So it sounds like there are data brokers that just collect information as a broad and very general information without any names of the public. But then on the other hand, there are data brokers that do collect names. And I think that's what you're speaking to now that, listen, that option may not be applicable to opt out unless you opt out entirely because they don't have your name on file for you to delete the information you want, a, b, c, d, or whatever it may be. And if they don't have your name, then the only option is to take you out completely. Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you, right. If they can't verify you are who you say you are, then they'll opt you out. And the personal data, the way we have it defined, I'm gonna paraphrase a little, but it stated that alone or in pg/rr 109 combination can be used to identify a specific individual. So, it usually that would be the name, but maybe if you have a unique identifier number like, you know, it could be something like that that is used to identify a specific individual.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. Madam President, how does the bill restrict the sale of sensitive data such as Social Security numbers, financial data, et cetera? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you, Madam President. Thank you for the question. That is not addressed in this bill. We did address that in the previous bill. And actually, again, a good example of why we sometimes update laws, in 2022, we did not include Social Security as sensitive data, but we came back and identified that those specific government ID numbers are sensitive data, and so we did that. Actually, last year we updated the definition of sensitive data. So in 2025 update, to the law. And so, the way that is addressed is it's sensitive information, which means it can't be sold without your permission, and you have to have other additional letters of protection. That being said, there are some of the things within the definition of sensitive data that we do address in this law. Precise geolocation data is defined as sensitive data in the previous statute, and we're saying here that you can't sell that. Not even with pg/rr 110 permission. You just can't sell the precise geolocation data. So that is addressed in here. The genetic data testing, I guess biological would be, it gives additional rights. So that would be sensitive data as defined in the previous bill, and it gives you additional protections on that in this bill. So while we don't specifically address, there are two items, subsets of the sensitive data we address here. And then, you know, as you mentioned, Social Security number, other items of data were in the previous bill. Through you, Madam President.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. I just maybe have one or two other questions, through you, Madam President. How are we holding the data brokers accountable for all of this? Through you, Madam President.
Thank you, Senator Martin. Senator Maroney.
Through you, Madam President, thank you for the question. So, we're saying that they have to comply by these laws. Right? So they have to process data in a way that is consistent with the existing statute, so 42-515 through 42-525, I think, or 524, it's written in the beginning of the bill, in sections 1 to 10 of this act. And then the violations for not doing so would be enforced by the commissioner of the Department of Consumer Protection, and they have to hold a hearing. And so that enforcement is in section 10. So they would have to hold a hearing pursuant to existing state statute. I think it is 54, but they have to hold a pg/rr 111 hearing. They may impose a fine of up to $200 per violation per day. So let's say they didn't delete something, you ask them to delete, again, that would be $200 per, that would be a violation. Or if they didn't register, that would be a violation. So, it is enforced through the commissioner or through the Department of Consumer Protection. Through you, Madam President.
Thank you, Senator Maroney. Senator Martin.
Thank you, Madam President. Madam President, without a doubt, there is a AI chip in Senator Maroney's head because his ability to just quote some statutes of bills, address statutes that we approved and voted on two years ago, three years ago is remarkable to say so. But with the use of an AI chip, I can understand why. But listen, thank you to the good Senator for answering my questions. I've known and what I've read, and that's just so little, but seeing the growth of the data, that's been ever changing industry itself, the AI industry, data collecting, and realizing that there are no regulations on the federal level, and questions that consumers have, making sure that we have our privacy and our rights, I think is critical. I wanna compliment Senator Maroney and the ranking members for addressing this. So, I'm a firm believer that consumers should have that right to easily access. And it sounds like it's easy. We'll see, I guess, once it's up and running. But access to the information, the ability to correct information, the ability to delete the information, I think is highly important. And, again, thank you, Senator Maroney, for taking this on. So thank you, Madam President. pg/rr 112
Thank you, Senator Martin. Senator Maroney.
Thank you very much, Madam President. Thank you, Senator Martin. I also just wanted to thank, before we allude to in the past, we had a task force. One of the things we had last year was we were very fortunate in Connecticut that we were able to get a technology fellow, so an engineer with 20 years of experience, working in industry as a nonpartisan resource. Not every senator obviously availed themselves of that, but he was here for all of the members of the House of Representatives in the implemented, and to do research. So, again, while we do do task force often in this building, but not always, we did have the additional benefit of that expertise. And I would like to thank Stephen Nichols, is our CASE fellow, so I'd like to thank him for his assistance over this last year. And this morning, Stephen was speaking with we have the FIRST Robotics downstairs. Milford MOJO is my, I shouldn't say my team, It's not really my team, from my community. My son was in LEGO League. He never went up to the bigs. He didn't go up to FiRST Robotics. We stayed in the minors of LEGO League, but they were up here today. And one of the things, in talking with Kush and Travis who are here from the FIRST Robotics team, Stephen mentioned he was on FIRST Robotics, and they were discussing, and he got into talking about the myth of the lone inventor. Right? And that we often think that it was just one person who did something. You brought up Thomas Edison, but saying, and today the myth of the lone inventor, maybe Elon Musk, but that really people don't do a lot of things alone. It's in a team. Right? And so, often people hear me pg/rr 113 say, alone you go fast, together you go far, and it takes a team. And so with that, I would like to thank the team that has been helping me. Thank Stephen for his advice and assistance over this last year. Bridget, for her advice and her work on the General Law Committee. The clerk, Betsy Francolino, my legislative aide, Nicole Chambrello, for all of their assistance, but also, Senator Cicarella, the ranking, Representative Lamar, my co-chair, Representative Turco, who alluded back to the AI bill, the children's social media privacy. He worked that very hard last year, and I didn't give that appropriate credit to him this year. So hopefully, and he'll bring it out down in the House, hopefully. So, to give them thanks as well as Representative Delaney and the members of the AI caucus for their assistance with this. Representative Delaney has been a big help. But also importantly, to thank Senator Duff. Many of these ideas were his ideas, the data privacy. He is the one who sent me down that rabbit hole for which I have not yet emerged after six years. So I don't know if that's thank you or not, but thank you to Senator Duff and, of course, to Senator Looney for all of his support and leadership. And with that, Madam President, with the permission of the chamber, I would like to withdraw my motion for a roll call vote on the amendment and ask for a voice vote on the amendment.
Thank you, Senator Maroney. So granted. Will you remark further on the amendment? Will you remark further on the amendment? If not, let me try your minds. All those in favor of the amendment, say aye. pg/rr 114
Opposed, say nay. The ayes have it, and the amendment passes. Will you remark further? Will you remark further? Senator Gadkar-Wilcox.
Thank you very much, Madam President. Nice to see you up there. Just very briefly, I wanted to first thank Senator Maroney for all his work on this. And I know we all work in teams, but you are definitely a leader on this and you have been for many years. And I had the privilege of listening to you give a lecture in this area. And you are beyond an expert, and it's really a privilege to be able to hear you on these topics. And I just wanted to thank Senator Maroney and the committee for this bill in particular for many Connecticut residents who have been victims of data breaches and for the numerous constituents who actually came to me to raise their concerns about facial recognition technology being used without their knowledge or their consent. And so this bill does more by creating enforcement of violations, by creating categories to protect financial data, biometric data, mental health data, login credentials, and protecting that as sensitive information, and especially preventing the sale of geolocation data. There's so much in this bill that is important for consumers and constituents in the State of Connecticut, and I just thank Senator Maroney and the committee for bringing it forward. Thank you, Madam President.
pg/rr 115 Thank you, Senator. Will you remark further? Senator Duff.
Thank you, Madam President. Will Senate stand at ease for a moment?
The Senate will stand at ease. Senator Duff.
Thank you, Madam President. Madam President, I rise in support of the legislation, a bill that I think is a critical bill in our democracy agenda this session, one of which I believe is going to, again, be modeled across the country. We have seen time and time again as we had our Bill 397 last week, we've had Senate Bill 5 five yesterday and today with consumers and residents of the state can be more protected by the laws that we pass here in the State of Connecticut. These things are critical to our state in ensuring that we're doing everything we can to keep up with technology, keep up with people's desire for more privacy and not to have a sense where there's always, government is watching you or the private sector is watching you without your knowledge, your consent, and with being able to opt out if possible. Many things in here that I believe are extremely important for us. One is the facial recognition. We saw earlier this year where we saw retail establishments that were using facial recognition, which is different, mind you, than when somebody, a store or retail section just has a camera for a closed circuit to monitor you, but facial recognition, which could determine whether or not if you've been there before, whether or not, based on pg/rr 116 your smartphone, dynamic pricing, whether or not what times of the day you tend to come in, using data in a way that you don't even know about. This bill helps to takes a giant first step in trying to fix that. The second is something that's very, very important, which is data brokerage. That's something that we worked on last session. It is only becoming more pervasive in our communities. We see where based on how we're using our phones, how we're using our devices, that data because of our privacy laws, what we see now is companies taking our data in totality, selling it to the highest bidder. We're even seeing where private companies are selling the data to the federal government to spy on Americans. I think that should really raise the hair on everybody's neck, the back of their necks when when they think that at the moment that the federal government is buying data from data brokers and using that to spy on Americans. We're also seeing that data brokers selling information to private companies for profit as well. Many ways which we would never allow. We as consumers, if we had a choice, would never say yes to. And this bill takes a giant step in that and really gives people the option to say no. Banning or selling precise geolocation data. We've seen that as legislators where in Minnesota, unfortunately, with Speaker Hortman, the precise geolocation data was used in her murder. But beyond that, even for an average consumer, seeing where, again, you walk into an establishment and your geolocation data is used potentially for dynamic pricing, for other means in which to track you or to show your habits in ways in which we would never ever agree to individually as consumers before the digital age. So, we are working to really help to keep taking steps that we've taken for many years now on data privacy, ways in which we protect our state. pg/rr 117 The federal government has failed miserably on protecting our data. We're one of the only countries that doesn't have a federal data privacy law. So what we have to do is we have to take the reins just like we're doing with AI in the state to make those kinds of laws to protect the residents of Connecticut. And we're doing that. And as a matter of fact, with our data privacy laws, as Senator Maroney has worked on so long have become a model around the country. So there are other sections of the bill such as the Comm act and expanding that in ways that the federal government hasn't done and other provisions of this bill that will, I believe, will garner a bipartisan vote today. And I would hope that it would be the same in the House as well. Thanks to Senator Maroney and his work, our staff, my staff who's been working on this so hard. I really appreciate everybody's work. Appreciate the support of Senator Looney, who has been a real great partner in understanding and supporting the need to hold these actors accountable, to ban certain practices, and to put a stake in the ground to say, this is not something that Connecticut is going to stand for. We're going to create our own destiny. We're going to have strong laws, and we're going to make sure that while the federal government has failed the State of Connecticut, and our government is going to stand up for the people. Thank you, Madam President.
Thank you, Senator Duff. Will you remark further? Good afternoon, Senator Looney.
Good afternoon, Madam President. Very good to see you there. Speaking in support of the bill as amended. Madam President, first, I wanna begin by commending once again Senator Maroney for his pg/rr 118 groundbreaking work on this subject, data privacy protection, as well as his work on Senate Bill 5, the AI bill. So I think Connecticut is a real leader here in recognizing threats that we need to address, and our majority leader, Senator Duff, has been a champion on these issues now, and helping to educate our caucus and others about the issues that are at stake here. What is at stake here, Madam President, is over the years, in recent years in particular, we have seen an accelerating loss of privacy in our society in so many different ways due to advancing technology, and the concern is that so many people may be even unaware of that loss of privacy and the incursions on their privacy that have already occurred, they may not even be aware of. And perhaps younger people growing up in this era are not even aware, perhaps, that at one point there was a general expectation of greater privacy than what they have now, or see as the reality around them. And that's probably the most disturbing point of all. And this bill is a movement to try to put the brakes on and to provide some protections in an area where a lot of frightening incursions have already happened. As our majority leader said, one of the grave concerns about is the activity of data brokers who can just assemble data in so many ways, and then market them and sell them in ways that were never contemplated by the person whose data has been gathered and assembled. So this bill will provide that consumers may request at no cost deletion of any personal data that's collected by a data broker. That's an important safeguard, because otherwise, this problem is only going to accelerate and get much worse. Mentioning the facial recognition technology, which we already see has been used in some stores in Connecticut, with people not even being aware of the compromising nature of that. The issue of dynamic pricing where strict disclosure pg/rr 119 requirements will apply, when businesses are using algorithms in pricing. So this bill is an important consumer protection bill in an area where a few years ago, we didn't really need to think about consumer protection, but because of advancing technology, now we do. This is a whole new front, where people can be put at risk, not just from price gougers or shady practices by people in business, but by this whole new sophisticated world in which we live that creates exposure and risk and manipulation for people. So, this is a really important bill, companion bill along with Senate Bill 5, and one which I think upon adoption will be a signal that Connecticut is aware of these issues and is concerned about these issues, wants to safeguard its people, and are ready to do something significant about it. Thank you, Madam President.
Thank you, Senator Looney. Will you remark further? Will you remark further? If not, will the Clerk please announce the roll call vote? And the machine will be opened.
An immediate roll call has been ordered in the the Senate.
Have all the senators voted? Have all the senators voted? If not, the machine will be locked. Would the Clerk please announce the tally? pg/rr 120
Total Number Voting 35 Necessary for Adoption 18 Those voting Yea 31 Those voting Nay 4 Those absent and not voting 1
The bill passes. [gavel]
for House Bill No. 5044, an act establishing Connecticut vaccine standards, as amended by House Schedules A and B. There are several amendments.
Good afternoon, Senator Anwar.
Good afternoon, Madam President. Madam President, good to see you there. Madam President, I move acceptance of the Joint Committee's favorable report and passage of the bill in concurrence with the amended bill, in concurrence with the House of Representatives.
Question's on passage. Will you remark further?
Yes, Madam President. Madam President, this is a status quo bill. I wanted just to give a little bit pg/rr 121 of a background of the bill. Madam President, if you want people to be a little quiet in the background, perhaps.
If folks in the chamber could please refrain. Thank you.
Thank you so much, Madam President. So, Madam President, this is a status quo bill. And this bill, I'm gonna try to explain about the rationale for the bill and where we are. And it's important because this bill has caused a lot of people to be concerned across the state, but a lot of people have information that I think it's just worthy to go through in detail today. I look at the bill in two broad parts. One of the part is about what's happening at the national level. To put this in perspective, Madam President, right now at the federal level, we have President Trump who has appointed RFK Jr. to an important position. And Mr. Kennedy, what he has done is there is an entity by the name of Advisory Committee on Immunization Practices, the ACIP. ACIP is the organization which has historically, for decades, been the center point for best recommendations on immunizations across the country. They actually have the advisory role for the CDC. Mr. RFK Jr. actually fired all the 17 individuals who were part of it, and these were world's experts who had knowledge, understanding, experience, but also were top in the scientific literature and academic practices of vaccines. And when that happened, he was able to place multiple people into the same position. So now the ACIP is made up of different group of individuals with different backgrounds. Just to give you a little background of some of the individuals, pg/rr 122 there's a gentleman by the name of Dr. Robert Malone. Dr. Malone claimed that the Americans were hypnotized into taking COVID vaccine, and he suggested that the vaccine causes AIDS. So think about this. This is a ACIP expert placed in by Robert F. Kennedy who says that the COVID vaccine was causing AIDS. And then there was another doctor, Martin Kulldorff, who's the co-author of selecting the herd immunity is the best way to deal with COVID at that time, which basically was saying that it's okay for a certain percentage of the people to die. Another gentleman by the name of Dr. Retsef Levi, he acknowledged in one of the conversations that he did not have any information on vaccines or immunology, but here he was on ACIP. And then there's Dr. Kirk Milhoan, who basically said that the vaccines were deliberately engineered to cause harm to the people. So if you think about it from this, these are now the world's experts in the ACIP at this time making recommendation. And as one would expect, they're one of the few recommendations that came out was to stop the hepatitis B vaccine. Now just to put this in perspective, thankfully, we do not see hepatitis B in our country anymore, but other parts of the world where hepatitis B is there, it is a commonest cause of causing cirrhosis, and it is also a cancer causing virus. The hepatocellular carcinoma is linked with hepatitis B. So these recommendations came up, and many of the states across the country made a decision that they wanted to protect their citizens as opposed to what was going on in Washington DC at that time. So, Madam President, there's conversation about other vaccines with hepatitis A, RSV, and rotavirus vaccines that are being looked at as well to be removed from some of the protections that would be available or should be available to the people. As we look at this bill, it's important to put in perspective what this bill does not do. And I want to spend a little bit more time on this part of the pg/rr 123 conversation, because a lot of people have a belief that this bill does certain things, and I'll walk you through what this bill does. But we will talk about what the bill does not do. The bill does not have a vaccine mandate. I'll repeat this in case if people do not hear me well enough. The bill does not have a vaccine mandate, and it has no impact on the 2021 law that was passed. So it is not expanding or reducing that existing law, and it does not have the ability to change the vaccine schedule for the schools, and there's no unilateral authority to mandate a vaccine through this bill. So the commissioner does not have a unilateral power to be able to mandate the vaccine, and there is nothing in this bill that would make the commissioner stop anybody from working or require any of the workers to get a vaccine before they would go to work. So there's nothing in this bill in that capacity, and there is nothing in this bill which would restrict the insurance industry to have some kind of a bias on individuals who are unvaccinated. So this bill does not have any of that information. It's important to keep that in mind because I know people are concerned about some aspects. But let's talk a little bit now about what this bill does. So one of the things that the bill does is that it establishes a standard of care for immunization for both adults and children that would take into consideration the existing ACIP and the CDC. So if we were to just stop here at this point, I've been saying this, this is pretty much close to where the existing law is in the State of Connecticut. But what we are saying at this time is because of what is happening at the federal level, which is not necessarily in the control of the people around this circle or perhaps in the people out in the community, we are actually adding medical organizations, which includes the American Academy of Pediatrics and American College of OBGYN, obstetric and gynecology that is, and American Academy of Family Physicians. So these organizations pg/rr 124 have been at the forefront for many years, and American Academy of Pediatrics may have had decades of experience on making the best recommendations, which are followed by every medical institution with science, background, and understanding. So this bill is saying that the standard of care will be initiated. Now, why are we using the term standard of care? It is what has been part of the existing law, the standard of care. So we are using the same terminology, but the standard of care is not automatically a mandate. That's another confusion that's out there. I heard many of the people who spoke about this as well. So at the same time, while this is not the mandate, but this gives the State of Connecticut the power to be able to have contractual relationships to be able to buy the vaccines, because what is happening in the existing law is that if the CDC says that they are changing their schedule, and I'll give you an example, if they say if they no longer want a hepatitis B vaccine, as a result of that, the State of Connecticut will not be able to buy hepatitis B vaccine. So can you imagine all the healthcare workers who need to have hepatitis B vaccine? The state will not have that anymore. So if they don't have it and the person chooses to have the hepatitis B vaccine based on their own personal decision, they will not be able to get the vaccine. Their choice will be taken away from them. And that's what is going to happen if other states don't follow what we are doing, but I know at least 28 plus states are following what we are doing as well. There will be a disaster of healthcare challenges in other parts of the country. So with that in mind, this gives a capacity to purchase the vaccine for the Connecticut standard of care that we are placing in this bill. Also, the bill is going to allow the Department of Public Health commissioner to adopt regulations for nursing homes regarding respiratory viral diseases. Currently, the nursing homes require residents to pg/rr 125 have pneumonia and flu vaccines, and with both medical and religious exemptions that are available. So in that case, but we know that one of the main causes of death for our community members who are in nursing homes is respiratory illness, unfortunately, that leads to their health being impacted, and that's why if there's a prevention strategy, that is there. But it is not going to be a mandate if they choose not to have it in that situation. Another part is the mandatory school vaccination schedule requires the commissioner to go through regulations review committee process. I think this is important to understand, and I'm gonna spend a few more minutes on this part. I know it's a very emotional issue because a lot of people who felt that their opportunities for their children's education was impacted because of the 2021 bill, what had happened is that there is a religious exemptions were taken away. When the religious exemptions were taken away, that was through a process. Now the fear people have is that the commissioner could theoretically or anybody within the the state government could unilaterally put some new vaccine into that standard. The answer to that is no, they cannot. And I'll give you an example. Let's say that there is a new virus that comes out. The name of the virus is xyz, and then that virus has a protection. And we find that there's a vaccine that can fix that and they feel that it's going to impact the children, the commissioner will not be able to put that new vaccine into the schedule. In order to be able to do that, they would have to go through a process which would be to make recommendations, and those recommendations will have to go through the regs review committee, which has equal number of Democrats and Republicans and who would have all the data and information in front of them, and they will make the best choices at that time. So it's going to go through a process at that time, and people will have an opportunity to learn and understand what is going on in that situation. pg/rr 126 So I think it's worthy to be aware of that aspect as well. Another thing is about the public health emergency. So again, we do not make laws when we have an emergency. We make laws prior to an emergency because by definition we do not have the luxury of sitting down and making laws when there is an emergency. I think that's an important thing. If you are not prepared for a disaster, then you are actually going to cause one. So that's part of the process is to be ready for a situation and emergency to be prepared and have those options available if there is an emergency of some kind. Hopefully, we'll never have to do this. This was a hundred year thing. It's behind us. And perhaps hundred years from now, somebody else can deal with it. But this is the time for us to at least be prepared should there be an issue. Another part of the bill is to look at the adult vaccine program for the uninsured and the underinsured adults, and they would be able to receive them through free clinics or municipal health authorities only if they choose to have them. Only if they choose to have them. That's the whole idea in this one. And then it requires group and individuals. So this is again relevant as what is happening in the federal arena. If a decision is made by the federal government, and I'll use the example of hepatitis B, they say that hepatitis B is no longer part of the schedule. The insurance companies will turn around and say, well, we are not covering it. And that leaves a gap that would be in that situation. So this bill is going to address that as well and say that whatever is going to be the standard of care recommendations, the insurance companies would be expected to cover that. And that's part of the bill as well so that people who choose to have that vaccine will have that covered. pg/rr 127 And another part of the bill looks at allows the pharmacists to prescribe and administer vaccines to the adults age 18 and older and to youth 12 to 17 with parental permission. Again, this is going to be based on the standard of care. So these are the cleanup parts that are necessary because of what the federal government has decided. Ideally, if the federal government was following the guidelines and the recommendations that it had for the past, long, long time or decades of time, we will not be sitting here having this conversation. But here we are, we are having this conversation because of the decisions that have been made at the federal level. So, Madam President, what I've done is I've given a little bit of a background of why we are doing this part of the bill. We have talked about what's happening at the federal level and what impact it's going to have to the people in our state, and we have touched on the various parts of the bill that are, what the bill will do and why it will be addressing the aspects of continuing the care for our citizens. Now with that, the second part of the bill is important to to talk about too, and this is the section that I wanna spend time on because it's important to understand this concept. We have a US constitution. We have the State of Connecticut constitution as well. And when we had passed this bill and became a law in 2021 for the religious exemption removal from the school schedule, this was tested. The lawsuit was put forward, and it went through the Supreme Court in Connecticut. And when it was assessed by the Supreme Court in Connecticut, it was tested for the US constitution and the State of Connecticut constitution, and it passed the constitutional test. It did not have an impact or the court did not identify it as was against the constitution. So that's something I think is important to know and keep in mind in the further part of the conversation. pg/rr 128 But there's a Religious Freedom Restoration Act in 1993 that was at the federal level and also in the State of Connecticut. When this law was passed, this bill that we are looking at actually amends and refines the boundaries of the RFRA Act. And in that act, the boundaries are defined so that the school vaccine laws and the higher education vaccine laws are carved out of the RFRA Act. And the reason for that is that the intentions of the bill and the law that we had passed in 2021 was very clear. It was very clear. It was clear because the people who voted, the majority of the people who had voted, they wanted to take the religious exemptions out at that time. That was the intention, and then it was very clearly intended in every conversation that was held at that point. Now, what is happening is there's a loophole, and that's why in order to address that loophole, this is being addressed and fixed at this point, so that the intentions that were made before are not going to be impacted, and we stay true to the intentions that were made at this time. So, again, this is just maintaining the status quo. The first part that I spoke about was status quo. The second part that we had talked about is also part of the status quo as well. There is a fair argument to be made that, well, there is an existing lawsuit that is going to be consideration, how does that impact, and is this the wrong thing to do? And I think it's a worthy part of the conversation, and I'm sure throughout the course of our conversation today, we will discuss some of this as well. I will share a few thoughts on this because it's important to look at this. I think during the first Trump administration, there was this law that was the Tax Cuts and Jobs Act 2017, wherein that particular law, part of the law was changed, that was to allow to have the congress had put the law where the tax was changed to zero for the Affordable pg/rr 129 Care Act. And that little definition change would make it easier for another lawsuit to be brought forward to address the Affordable Care Act because it was quite clear that the administration was against the Affordable Care Act. So that was a very clear example of how a law was modified for a lawsuit at that time. In the same way during the Bush era, the immigration court challenges for the Real ID Act, across the country there were lawsuits that were put forward in the different courts. And at that time during the Bush era, the congress passed the Real ID Act to make sure that the passage and the pathway was going to be restricted for individuals who were trying to have the opportunity to have the courts decide. I wanna also share what has happened in Connecticut with the Connecticut former governor, Rowland. There was a lawsuit with our Mashantucket Pequot tribe, and we were, as a State of Connecticut, the legislators used legislation to change and recognize the different land mark demarcation, set the boundaries, and cleared the legal disputes through that as well. And then within this body, some years ago, we looked at the statute of limitations for the victims of abuse, and then many of the lawsuits followed after the definition for the look-back period was changed. That look-back window when it was changed, that resulted in lawsuits that came from that situation as well. And we don't have to go that far. House Bill 5249, that my colleagues in this circle, from both sides of the aisle, have proposed a bipartisan bill that is to intervene into the sale and pending matter before PURA and the courts for the Aquarion issue. And then that's another classic case where there is this entire conversation about changing the law when there's a lawsuit that is in place right now. And this is happening not even in the distant past of the Bush era or the previous Trump era, this is in Connecticut today in 2026. People around this circle, they're part of this. pg/rr 130 So I just wanted to put that as well because it's important to look at the broader perspective. I know this has caused a lot of the people in our state concern, and sometimes when the questions that are asked, I recognize that is there's a lot of information out there, and frankly, there's a lot of anxiety out there. And I can empathize with the parents, who strongly believe that their children should not get vaccinated, and and I respect that fact. The challenge that we have is that the risk of infection to the others may be impacted, and that's where the 2021 decisions were made and discussed. They were not perfect, but at the same time, that was in the best interest of the public health. We have reached a point that we have one of the highest rates of vaccination in the country. For our kindergarten children, we have the highest rates that we have. And to give you an example, in 2020, from a public health lens, we had declared victory against measles. As a country, we had said that measles is going to be history. It's going to be just like polio that is no longer going to be seen ever in our lifetime. But in the last two years, we had 4,000 plus cases and some deaths as well. But what has happened in other parts of the country where there's a measles case that results in spread to hundreds of people. But when we had a measles case in Connecticut, it did not spread to a single person. So that's the difference in one of those infections. And I know that while there are two or three or four percent of the people who are passionately not in favor of some of these things, we have to respect that, but identify the ways to be able to continue the work that needs to continue on. So with a lot of respect, care for everyone on all aspects of this, Madam President, I wanted to give the background of this and then make sure everybody understands why we are doing what we are doing and why is it necessary to maintain the status quo. And pg/rr 131 I'd urge all my colleagues to join the House as well to vote in favor of this amended bill. Thank you.
Thank you so much. Will you remark further? Good afternoon, Senator Somers.
Good afternoon, Madam President. And I rise for a few comments and a couple questions on the bill as we go through my comments. But first, I wanted to start by saying, I see this bill as anything but the status quo. This is a reckoning or a disruption in many ways. And I wanted to give you my background because I want people in the circle and listening to know that I am person of science. I spent 25 years in -- pg/rr 132
biotech company, working with the University of California, Irvine, and their infectious disease with them in the Infectious Disease Lab, developing materials and products that inactivated bacteria, fungus, and viruses. I worked with hematologists from Yale as my close colleagues. I understand science, and I believe in it thoroughly. I believe in vaccines. My children are vaccinated. They're old now, but they're vaccinated. My granddaughter is five, and she is vaccinated. However, my personal beliefs are my personal beliefs. And as a legislator and as a Senator, I have to hold the people people that I represent and the people of the state, their liberty, their religious rights, and their faith, as well as their rights to choose with the utmost sincerity, regard, and respect. It's very important to me. This bill, unfortunately, for me, feels like it follows the previous vaccine bill that we had a few years ago. That bill, again, we had limited public hearing time. The Republicans had to put an amendment out to extend the public hearing time. We had 8,000 people outside this Capitol Building. We had a petition signed, and we had 98% of the people submitting testimony against the bill. And we heard then why we needed the bill. We had, and my numbers may be a little bit off, approximately 8,000 children in the state of Connecticut that had a religious exemption, and we saw our vaccination rates declining. But to this day, I do not understand what we did in that bill, because the largest number of people that were under vaccinated or no record of vaccination were never targeted. We targeted those that had a religious exemption. pg/rr 133 There were towns right outside of here in Hartford that had very low vaccination levels and no religious exemptions. So for me and for others, it felt like an assault on those who had taken a religious exemption against vaccines, not on looking at the complete picture. We had data that was flawed. It was misrepresented. I spent hours and hours and months going through the data. And with my background, I'm a data person when I want to be. But it didn't matter, and we passed the bill anyway, and we stripped away the right that you had here in the state of Connecticut to take a religious exemption. And when you looked at that data, most of the people taking the religious exemption were taking it for one vaccine or two vaccines. They were not taking it for the entire schedule of vaccines. But we passed that bill, we stripped away the religious exemption, and when we did that, we were told we had to do this. It was a crisis. It was an emergency, but we grandfathered everyone who who had a religious exemption in. So if it was that much of an emergency or a crisis, I'm not sure why we did that. You basically said, okay, you have a religious exemption, you can keep it, but going forward, there will be none. And we know why they did that. They did that because they didn't want to make everybody in the state of Connecticut angry. So those, again, with religious exemptions at that time got to keep them, but going forward, you didn't. So, we separated families. We had families that maybe had one or two children that had a religious exemption, but the bill passed. So, the third and fourth child or the third child would not have the same opportunity as their brother or their sister, and that family that may have held deeply religious beliefs would have to make a decision. They would either have to get a vaccination that they did not believe in to their pg/rr 134 core or their child was and is no longer eligible for a education in the state of Connecticut. Again, there was no focus on the majority of the issue with not being vaccinated in towns like Bloomfield, Hartford, East Hartford, where they had very low vaccination rates. These kids just didn't submit any paperwork, but we didn't do anything for them. We did not look at that when we had this debate. I always found that to be faulted. I find it faulted to today. There was 100 schools, when we talked about this originally, that just submitted absolutely zero data, didn't have any data, didn't even submit it. The Amistad Academy, Stamford, East Hartford, Bridgeport, all towns that had very low vaccination rates and very few religious exemptions. So again, I found the information that we used at the time that we made this choice to be flawed, insufficient, misrepresented, but it was passed off as scientific truth. And our child's schedule since 2010 has increased significantly, so now children are required to get 24 vaccines, it's 72 doses. And you can imagine the response from the citizens of the state of Connecticut, many of which sat here for hours, their voices weren't heard, their opinions weren't considered, and they felt very much betrayed by the people in this building. 187 people making the decision for 3 million. So, what was the result of that? There was a lawsuit which one would expect. There was questions about constitutionality, about our education system, about whether this is something that could be done where we have some people that get a religious exemption, some people that don't, half families do, some other families do not. pg/rr 135 And in that lawsuit with Spillane v. Lamont, there was six areas that were brought to the court. All of those have been dismissed or found to be not pertinent except for one, which is still pending an active legislation today, and that has to do with RFRA. That is the bill that you heard my good Senator speak about that passed in 1993, and I pulled the voting record, passed unanimously out of the Senate. We still still have two senators here today that made that vote, Senator Kissel and Senator Looney. So they've been here quite some time. They have great experience. I thought that was interesting that it passed unanimously. And what's interesting about that Public Act 93-252 is that it talks about the government's role in stripping away somebody's religious right, and the only way that it can do that is with two caveats. The first one is in its furtherance of compelling governmental interest. So, one could argue that this is a compelling government interest for public health that everyone has to get vaccinated. But the second part is where we run into a problem, and the second criteria is that it has to be the least restrictive means of furthering that compelling government interest, least restrictive. And that's what the lawsuit is based on, because myself and others, I didn't file the lawsuit, I'm not involved in the lawsuit, but many feel this is not the least restrictive way. This is one of the most restrictive ways. In the fact, if you don't do what the government tells you to do when they want you to do it, guess what? Even though you're paying taxes to the state of Connecticut, you lose your right for an education in the state of Connecticut. That's pretty restrictive, in my opinion. So that's what the lawsuit is about, and if you go to the Public Act, you can read the whole thing. You unanimously voted out of this body here. pg/rr 136 So, now, we come today and we have a new bill. I thought we were done with vaccines for a while, but we're not. And this bill, you heard, is status quo. This bill is not status quo. This bill is allowing the commissioner to establish what we call, and you heard the good Senator say, not a vaccine mandate, but a standard of care for vaccines. Those words, standard of care, have a very, very specific meaning when it comes to medicine and the medical world. Standard of care is really the level and the type of care that a reasonably competent person, doctor, health care professional, working in the same line or the same field would provide to patients. It's what's acceptable, it's what's considered appropriate, and it also is considered what is expected. And I will give you an example that we can probably all understand. If a woman is in labor and the standard of care says she is allowed to push for two hours, if the doctor lets her push for six, he or she is violating the standard of care. And what that does is it opens up the doctor for liability and to be sued if they violate the standard of care, if a doctor ignores that standard of care and doesn't follow the standard of care and says to the patient, I'm not following this, I'm not doing this, even though I think I'm reasonable. Medical malpractice is something that is a true, genuine, and commonplace. That's what trial attorneys look for. Did they deviate the standard of care? And whether the standard of care was met or whether it was breached. So even though technically there's not a "vaccine mandate," creating a standard of care creates a vaccine mandate. And when you look at the language of this bill, it has taken a childhood vaccine schedule, and the language has changed from children to residents. pg/rr 137 Now, I'm sure in Connecticut, children are residents, but I am a resident, and although I may act like it sometimes, I am not a child. Everyone in this circle is a resident and not a child. So what that means is that we are creating a standard of care for everyone in the state of Connecticut. Whether you are a child or whether you are not a child, whether you act like a child or you want to be a child, there will be a standard of care, which is, in essence, a mandate for vaccines for you. If I am wrong, we can modify this language, but I don't think I am. You heard the good senator talk about the hepatitis example that he gave. And I just want to clear the record for that. RFK does not have the ability to change something on the vaccine schedule. It was the ACIP that didn't strip away hepatitis. What it said was it wasn't going to mandate Hepatitis B for all newborns. It was going to move it to a shared clinical decision between a patient and a doctor. High risk babies were still going to be recommended to get a Hepatitis B shot. So I think it's really important that we understand the nuance of the language. That's in court, nothing has changed, but I wanted to point it out because I don't want this debate to become political. It shouldn't. This is about medicine, and this is about choice, and this is about freedom. So, this bill, as I said, does create the standard of care for residents, which include children. It also standardizes the way that medical contradictions for certifications of vaccines happen. It also, in my opinion, and I believe our attorneys looked at this also, it gives additional authority for the governor under our statewide public health emergency to authorize the DPH commissioner to issue standing orders for medical interventions, specifically vaccines. pg/rr 138 If you go and you look at the language on, I believe it is, line 229, it says, authorizing the commissioner or the commissioner's designee to issue a standing order to permit medical interventions, including vaccinations necessary to respond to the public health emergency, using this as a standing order and a nonspecific regime applicable statewide. So, you heard the good senator say that the commissioner cannot just choose to mandate a vaccine, but this bill is going to allow the governor or to direct the DPH commissioner or her designee to do just that. That is something that's very different than the process that we have now. And again, we're looking at vaccines for residents, which include children and adults. And as we move through the bill, one of the things that I find the most egregious is that we are now looking at a pending lawsuit that our Attorney General has asked to have it, I guess, thrown out of the court, saying it shouldn't be heard. And the Supreme Court has said, no, you know what? This one that has to do with RFRA, we're going to hear that. This is important, this is a religious right. This is something that we need to decide if it is the least restrictive way to go about this. And clearly, the state doesn't like that because there may be a possibility that those people bringing the lawsuit could win. And then it would be really messy because we'd have to go back to the law that we passed, which now has disallowed certain children from entering our public school system that may now would be eligible to go to the public school. But by intervening in this specific circumstance where our religious right or someone else's religious right is at stake, this isn't Aquarion where we're talking about electric bills. This is somebody's personal life and their medical freedom, and Aquarion is not being heard right now in the pg/rr 139 Supreme Court. This is actively right now on the docket. If we are going to go in and usurp the process, we have three branches of government for a reason, one is the checks and the balance of the other, then it is going to absolutely collapse the separation of powers. The entire framework that is established by the United States Constitution is built on three co- equal branches of government; the legislative, the executive, and the judicial. Just imagine if there was some bill that was in the same circumstance under a different scenario and it was being pushed through just like this. If it wasn't vaccines, I'm not sure that we would be doing this. We would not be stripping away a religious RFRA right just for this one circumstance. So RFRA is going to apply in other places, but not with vaccines. That is cherry picking. That is interfering with the judicial process. It nullifies the judicial independence. Courts are supposed to be able to look at cases. They're supposed to be able to interpret the law without political interference. If legislators can rewrite the rules every time we don't like the potential outcome and we're steering a case, judges become irrelevant. Decisions stop. And the decisions start being based on who holds political power rather than what the law says. I think this creates a very dangerous precedent. Once this door is open, I don't think it's going to be limited to one issue, and every controversial case can become a political target. If we don't like the outcome, what the outcome is likely, change the law midstream. If you don't like the judge, override them legislatively. Let's just pass a bill so we tie their hands. pg/rr 140 And I think it turns the legal system into a battlefield rather than neutral, like it should be. I think this undermines the due process and the fairness of our court system. People enter the court system with an understanding that the law exists at the time that they are putting in the lawsuit. Changing the law during a case like this, especially this case that's active right now on the docket, it's moving the goalpost midstream. It's changing the rules after the game started, and it strips the parties of fair and predictable process, something that's fundamental to our justice system, not only here but in our country. I also think it absolutely is politicizing the rule of law here in the state of Connecticut. And the rule of law needs to depend on neutrality and consistency. And if we can just manipulate the outcomes legislatively during legislation, the public will start to see the system as nothing more than rigged, political, disrespectful, and dependent on majority power. And that erosion of trust is almost irreversible to get back. It weakens our constitutional safeguards, the idea of checks and balances that our country is founded on, and it exists that way exactly to prevent what is happening here today. It historically has been reinforced by cases like Marbury v. Madison, and I believe that this invites abuse by any majority. Who decides who's in power, what they can push through if they don't like the outcome of what's going to happen in our judicial system. Even if it's done with good intentions, which I think this bill is, it creates a tool that can be abused at a later time, and we're setting a very, very dangerous precedent. Today's majority can become tomorrow's minority. None of us know what's going to happen. No one knows what the world's going to be like. And I think we pg/rr 141 have to be very careful of how we use legislative power to override courts because if it happens now, if the power flips, it can be done again and again. And I think this absolutely is blurring the lines between lawmaking and outcome picking. Legislation is supposed to be general. It's supposed to be prospective and applicable to everyone. And changing the law to affect a specific outcome in an ongoing case that actually says in the bill, prospectively and retrospectively, targeting an outcome, it's engineering the final decision, which is fundamentally different than status quo. This is just not a procedure. This is changing the structure of how we do things in the state of Connecticut. And when lawmakers try to influence the court system, they're not just passing laws, they are rewriting the balance of power. I do believe that what we're witnessing in this Chamber with this bill, the worst part of this bill is what I'm talking about right now, this usurping of the judicial system, should alarm every single person in this chamber regardless of your party, regardless of your ideology, regardless of your feeling on vaccines. This is not about policy. This is not about disagreement. This is about power unchecked, unrestrained, and it's dangerous. We are asked to pass legislation in the middle of an active court case, not to clarify the law, not to guide future action, but to really change the outcome of what this lawsuit is going to, what the lawsuit outcome will be. It's not legislating, it's interfering, and it's overreaching. And it's a direct assault, in my opinion, of the foundation of our system of government. We make the laws, the courts are supposed to interpret them. But today, we're asked to ignore that, to blur the line and erase it entirely. Why pg/rr 142 have judges? Why have hearings? Let's just legislate everything here in the circle. This is injustice. This is the power deciding outcomes, and once we go down this road, there's no clean way back. Why are we not allowing the judgment to go through? If you want to pass this bill, pass it proactively, not retroactively. We will have set a precedent, and when we don't like the direction of a case, we're just going to interfere, we're going to pass legislation, and we're simply going to change the law midstream to get the result that we want. That's basically what's happening in this bill. It really, in my opinion, takes our courtrooms and turns them into suggestion boxes. Well, we would suggest that you look at this law, but if we think that you're not going to have the outcome that we want, we're just going to change the law in between. And I do believe that this is far more overreaching and unintended consequences than any of us have ever really thought about. And I think it's important, again, regardless of how you feel about vaccines or what we've done with the religious exemption, we have to look at our constituents in the eye, and we have to explain why we passed this legislation. And I think they deserve to know that the people that filed the lawsuit, and the people that filed the lawsuit need to make sure and feel that they had a fair hearing in a court of law. And are we willing to change the rules? We are. Why they're pending litigation? It's been years and years, and now at the goalpost, we're changing the rules so we know what the outcome's going to be. I think that if we pass this today, we're going to be very regretful of what we can't undo tomorrow, a government that no longer respects its own limits, and that's what we have here today. pg/rr 143 I also wanted touch on a couple things that I've heard repeatedly stated by the proponents of the bill, that we have to pass this because we're concerned about a shortage of vaccines. I want to make sure that everybody understands vaccine supply essentially managed through the CDC and the FDA. Most shortages, if there are any, are temporary, they're localized, and there is no system-wide collapse. It would be misleading to say that there is any chance of a vaccine shortage. Entire states across the country are broadly and easily able to access vaccines under normal conditions, which we have now. And there is no consistent evidence whatsoever of systematic vaccine unavailability. That is just a false narrative. So I think that's really important that everybody knows because I've heard that consistently and it's just simply not true. So, with that said, I do have a few questions for the proponent of the bill. I think it's important that we passed the previous vaccine bill. I'd like to follow-up with a good Senator, I'm not sure he'll be able to answer some of these questions, but I want to get them on the record. Through you, Madam President --
Senator Somers, we're happy to have you pose questions, but could you step over to Senator Sampson's microphone? Because we're informed that folks on CTN are not hearing you. So we want to make sure that everyone can hear your questions to Senator Anwar. We've been having technical issues with our mics.
Well, that's super unfortunate, Madam President. I pg/rr 144 think I'm going to have to redo my whole speech again. I want to make sure it's on CTN.
You go ahead, Senator.
Not that I want to do that. I'm going to go make sure you can hear me, and if you can't, I'm going to come back for a second round. But right now, I'd like to ask, through you, Madam President, a few of my questions. As I said before, I think it's important that we pass the original removal of the religious exemption, and we talked about why we did it, because we had these under-vaccination areas, not religious exemption folks, but just areas where they had not supplied the data or we didn't have any data. And this, again, may not be something he's able to answer, and that would not be any cause on his part. Do we have the numbers? How has the vaccination rates increased since we passed the bill for the towns that I listed, Bloomfield, East Hartford, Hartford, Stamford, since we passed the bill, specifically on those without religious exemptions?
Thank you. Senator Anwar.
Through you, Madam President. [unintelligible 4:28:58].
Thank you. Senator Somers. pg/rr 145
Thank you, Madam President. Through you, I would like to ask the proponent of the bill, how many students have been withdrawn from public school due to the fact they have not complied with the vaccine mandate since the bill passed. Thank you.
Thank you, Senator Anwar.
Through you, Madam President. [unintelligible 4:29:25]. Through you.
Thank you. Senator Somers.
Yes. Thank you, Madam President. Let's see. Just one moment, please. Through you, Madam President, would the good Senator please comment on whether, in fact, I am accurate when we talk about the section that expands the governor's powers that he would, in fact, be able to direct the DPH commissioner to mandate vaccines under an emergency as it is stated in the bill? Through you, Madam President.
Thank you. Senator Anwar.
Thank you, Madam President. Madam President, that is the situation of an emergency. So, in an emergency, when a emergency is declared at the federal level or at the state level for a situation, only then the pg/rr 146 governor would have that power. And there's no mandate even in that. Thank you. Through you, Madam.
Thank you. Senator Somers.
Yes. Thank you. Through you, Madam President, even during a time of an emergency, would it, in fact, empower the governor to direct the DPH commissioner to mandate a vaccine that has not had its full safety studies completed? Through you, Madam President.
Thank you. Senator Anwar.
Madam President, may I request my esteemed ranking member to repeat that question again? I'm sorry.
Senator Somers.
Yes. Thank you, Madam President. My question is under the new empowered authority of the governor under an emergency, could he be able to direct the DPH commissioner to mandate a vaccine, again, blanket-wise, that's what it says, that has not been fully safety studied, like the COVID vaccine?
Thank you. Senator Anwar. pg/rr 147
Thank you, Madam President. No.
Thank you. Senator Somers.
Thank you. That's good to know. Great. I think those are all my questions at this moment in time. But with that, Madam President, I do have some concerns on some very specific areas of the bill, specifically the first one is on doctor liability. So, Madam President, the clerk is in possession of LCO 4627. I ask the clerk to please call the amendment.
Yes, sir. Thank you very much. Mr. Clerk, if you could put the amendment on the board, please.
LCO No. 4627, Senate Amendment "A".
Senator Somers.
pg/rr 148 Thank you, Madam President. I move adoption of the amendment, and waive the reading, and seek leave to summarize.
Thank you. Please do summarize.
Thank you, Madam President. This amendment simply just allows physicians that do not follow the standard of care or do not embrace the new standard of care, which is an adult vaccine mandate, that they cannot be held liable for not adhering to the standard of care. This would protect physicians from being sued in medical malpractice should they choose to not follow the standard of care with their patients, and/or if their patients decide to not follow the standard of care. Through you, Madam President. And I urge adoption of the amendment, and when the vote is taken, I ask it be taken by roll.
So we will have a roll call vote on the amendment. And Senator Anwar, would you like to respond?
Thank you, Madam President. Madam President, I just wanted to make a quick little comment. If the standard of care is going to be recommended in that situation, it is not required for the individual patient to take the vaccine. So it's important to recognize that I think it's not a mandate, it's a recommendation. So I think this amendment is not necessary, and I would request my colleagues to vote no for it. Thank you so much.
pg/rr 149 Thank you. Will you remark further on the amendment? Will you remark? Senator Somers.
Yes. Thank you, Madam President. I believe that this is necessary. If a physician deviates from the standard of care in any way, again, it's not written as a vaccine mandate, but it talks about standard of care for residents. If that physician deviates, they open themselves up for liability and for lawsuits. So this would clearly take that question out completely and cover them should they choose to do that. Thank you, Madam President.
Thank you. Will you remark further on the amendment? Senator Martin.
Good afternoon, Madam President. I have a question for the proponent of the amendment. Through you, Madam President, so if I understand correctly now, if this bill goes through without this amendment, that a doctor who is following the standard of care, but the patient, and let's say it is for a vaccination, but the patient chooses not to have the vaccination, the doctor is open for future litigation? Through you, Madam President.
Thank you. Senator Somers.
Yes. Through you, Madam President, when a physician does not follow the standard of care, they open themselves up to liability. pg/rr 150
Thank you. Senator Martin.
Thank you. Is he at all protected? If I am the patient and I choose not to get vaccinated and I walk away and then all of a sudden I get sick, I can go back and sue the doctor, even though he told me you should take this vaccination? Through you, Madam President.
Thank you. Senator Somers.
As I said before, if a doctor deviates from the standard of care, they open themselves up to liability.
Thank you, Madam President. Madam President, can I ask the proponent of the underlining bill, what is his opinion is on that since he is a doctor? And does he see it that way? Through you, Madam President.
Thank you. Senator Anwar.
Madam President, may I suggest because this is on the amendment, depending on if the amendment passes or not, I can answer that questions perhaps later so we stay on the amendment. pg/rr 151
Thank you. Senator Martin.
That's unfortunate. We're sort of in the moment right now. It'd be nice to know that information. But thank you, Madam President, for allowing me to ask those questions. Thank you.
Thank you. Will you remark on the amendment? Senator Anwar.
Thank you, Madam President. Madam President, just because of the quorum of how we communicate when there is an amendment, that's why I wanted to be careful not to have three-way conversations. But, Madam President, the bill is saying that it has to be offered. It is not being required. And once you offer and document that you have offered it, it is good enough to be able to read that position. That's the part of standard of care that is defined in this bill at this time. So I wanted to clarify that. And then because of the language to one of the honorable senators who asked me me the question, would have been that because it's offered and it's in the bill, anybody can sue anyone for any reason, but the issue in this situation is that they may not have the legs to stand on because of how the bill is written. So I just wanted to, again, mention that I respect my colleagues' view on it's necessary, but I would urge my colleagues to consider not voting in favor. Thank you.
pg/rr 152 Thank you so much. Will you remark further on the amendment? Senator Martin.
Yes. Thank you, Madam President. So I think what I understood here is as long as the doctor offers that standard of care, that is a vaccination, he'd be protected. Through you, Madam President. Is that correct?
Thank you. Senator Anwar.
Through you, Madam President. Correct.
Thank you. Will you remark further on the amendment? If not, a roll call vote has been requested. So I will open the voting machine. Mr. Clerk, would you please announce the vote?
An immediate roll call vote has been ordered in the in the Senate. We're voting on Senate Amendment "A". This is not the bill. We're voting on Senate Amendment "A", substitute for H.B. No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. This is not the bill. We're voting on Senate Amendment "A", H.B. No. 5044. An immediate roll call vote has been ordered in the Senate, H.B. No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. An immediate roll call vote in the Senate.
pg/rr 153 Have all the Senators voted? The machine is locked. Mr. Clerk, kindly give us the tally on the amendment.
Total number Voting 34 Total voting Yea 11 Total voting Nay 23 Absent and not voting 2
Amendment fails. Senator Somers.
Sorry, we're sharing microphones over here today. Well, I'm disappointed. And for the physicians that may be watching today, I'm sorry that we couldn't cover you with liability. Mr. President, the clerk is in possession of LCO 4632. I ask the clerk to please call the amendment.
LCO No. 4632, Senate Amendment "B".
Thank you, Mr. President. I move adoption of the amendment, and waive the reading, and seek leave to summarize. pg/rr 154
Please proceed.
Thank you. This amendment simply changes the word from residents back to children, like it was originally established when we passed it a few years ago. And the reason for this is we talked about children. These are recommendations for children's vaccines because we want children to get to an adult age, but residents include everyone. Right? Me, you, everyone here, people in nursing homes, etc. So I believe that people, especially when they're 18 years or older that are not children, should be given the choice to take what they want and what they don't want as far as their medical care. Therefore, I would like to have the words reverted back to what passed a few years ago, where this is focused on children and not residents. And I urge adoption of the amendment, and when the vote is taken, I ask that it be taken by roll.
Will you remark further? Senator Anwar.
Thank you, Mr. President. Mr. President, I want to thank my ranking member for the amendment, and I understand the essence of the purpose of this. There's a little technical rationale for this. For us to be able to buy the vaccines for adults, we need residents' title in there. So, we will not be able to get vaccines for our seniors and the people in nursing care facilities. So, that will be part of it. pg/rr 155 And then also with respect to the comment, the choice issue, nothing in this bill is taking the choice away from anybody. So that part should not be bothersome except that our ability to buy the vaccine would be paramount. So, I respect the amendment, but I would respectfully ask my colleagues to vote no because we want to be able to buy vaccines for everybody. Through you, Mr. President. Thank you.
Will you remark further? Senator Somers.
Yes. Thank you, Mr. President. Through you. How are we able to purchase vaccines now for individuals without the word resident yet with children, but in the future, we would not be able to, Mr. President? Through you, Mr. President.
Senator Anwar.
The pause I have is that I don't have the amendment. May I suggest that we work on the amendment, and then I can defend the bill if --
Do you want to pause or go at ease from it?
Do you have a copy of the amendment? pg/rr 156
Why don't we stand on ease for one quick moment?
Thank you. It's about the amendment, why you're saying no to it. I'm asking you, if you're saying we need to change the language from children to residents because we can't buy vaccines, how are we buying vaccines now without that language? Through you, Mr. President.
Senator Anwar.
Thank you, Mr. President.
You're welcome.
Mr. President, CDC is able to provide us for the children. There's a different mechanism to be able to purchase the vaccines because we are responsible, and the federal government has traditionally been responsible for providing the vaccines to the children. One of the challenges for the adults, traditionally, it's been the insurance, but there are people who do not have,access to the coverage. We, as a state, help out in that situation, and that's why there's part of this bill talks about pg/rr 157 that aspect as well. But irrespective, even if the purchase was not an issue, the choice is still there. So, my position is that we should still keep the language as is. So I would urge my colleagues to vote no on this. Thank you.
Senator Somers.
Yes. Thank you. And I want to talk about this amendment a little bit longer because now that I heard what the good Senator has to say, I don't think that we should be having sweeping legislation where we're creating a resident standard of care, meaning for all adults, because we want to purchase vaccines. We purchase vaccines out of the insurance fund, which is part of our budget. So, it doesn't make any sense to me why we're changing that. Are we trying to buy them cheaper, get them for free? I'm not sure exactly where this is going, but we get vaccines now for adults that choose that want to be vaccinated. But in this bill, we are changing the language from children to residents, and we are creating a resident standard of care. So a standard of care for everyone that then this is what could happen. I go to my doctor, I don't know, I don't want to get a shingles vaccine. I've deviated the standard of care. You know what's going to happen? My insurance company is going to say, I'm dropping you. You didn't follow the standard of care. Or my insurance company can raise my rates because I'm not following the standard of care set forth by the state of Connecticut. There's nothing in this bill that prevents that from happening, and that is a conclusion that is based in pg/rr 158 reality that could happen at any single time. We have it right now with our own health care system. If you don't comply, if you don't get your eye exam, if you don't go get your heart exam, your rates go up. So we are going to change the language creating this whole new adult structure of standard of care so we can buy vaccines, but we're buying them now. That's why I urge adoption of this amendment, which goes back to the original language, which specifically talks about children. And I urge adoption of this amendment. And when the vote is taken, again, I'm not sure if I said this before, I ask that it be taken by roll.
Will you remark further? Senator Kissel.
Thank you very much, President Cabrera. Great to see you up there this afternoon. And I would commend Senator Somers, first of all, for her wonderful discussion of the underlying bill in response to the proponents. And I stand in strong support of this amendment. I think we're traveling down a very dangerous road. I was in opposition when we push this procedure and this protocol on the folks that wanted to exercise their religious rights. And I thought that was a mistake then, and I think it's a mistake now. And the fact that now that matters pending before this Supreme Court and we want to sort of backtrack, that's horrible. But that's not what this amendment does. This amendment under the guise, and I will not attribute any ill motive to my friend and colleague, Senator Anwar, who I enjoy serving with tremendously. And I know that he cares passionately about public health. pg/rr 159 But we can't change broad brush public policy just because of some alleged inability to get vaccines. I think we're awash in vaccines. I have never, since the end of the pandemic, seen vaccines pushed for that virus as much as I see now. Because I think the companies that made it have tons of stockpile and they don't know what to do with it. Because the public wised up after that pandemic and said, we were being sold a bill of goods. Now, I'm not big on conspiracy theories, but I keep hearing news dribbling out, did Dr. Fauci get brought into the CIA? I don't know. Were doctors silenced out in California for trying to say that the response to the pandemic was way overboard and unnecessary? I think there's some merit to that. The more we learn about what took place during that period of time, the more disheartening it is. And certainly, there are issues associated with the pandemic vaccine that still hasn't been completely flushed out. There were adverse consequences as that baby was being pushed on our public hook line and sinker, especially for young people where its necessity is really questionable. So now, with one language change, we're changing this standard of care protocol from children to all residents. That means all of us. And it's being sold to us because we need to get vaccines. I have seen zero, zero evidence that there's any danger that we can't get vaccines. I watched, for example, Survivor last night. I couldn't go through one commercial break without being a commercial on some illness and some drug. Some requiring vaccines, some not. We are awash in medicines being sold to us. Now, I don't know if that's because we have an older population. I don't know. I wonder if that's just big pharma. Big pharma just zipping out drugs and they've got to sell it. And it's not allowed to be pg/rr 160 sold via commercial in Europe. We're always being sold, oh, Europe does this and Europe does that and we should be like Europe except when it comes to this stuff. And now we're having everything shoved at us, and you're going to tell me we need to expand the protocol, the standard of care to everyone in Connecticut because we can't get drugs? I don't think so. Now, if you're saying we want to get better prices, then we're going to get better prices. I'm starting to see a theme of this year that the federal government is all bad and we have to be very afraid and we need to do this and that and the other thing because the federal government on this administration is terrible. Well, I'm a little bit skeptical. You may disagree with certain policies, you may be completely unhappy, but the wheels haven't come off for the bus. Our American civilization is not going down the drain, and we are not in danger right now in Connecticut of not having vaccines. Senator Somers is exactly right. You create a standard of care that applies to everyone, there will be consequences. Now, a doctor can recommend? Now, I've heard the answer to the previous amendment, oh, all they have to do is recommend, and if you say no, okay. Well, being an attorney, I can see how this is going to unfold. I've said it when we discussed this bill earlier, this is how it's going to be. Someone's not going to follow their doctor's advice, there's going to be a bad consequence, and they're going to end up suing their doctor. The doctor's going to say, I told that person to do this and they told me in the office I don't want to do it. Okay. Now, we're going to get to the proof, and it's going to be a battle of documentation. So what's the next step? I would suggest that the physician is going to have to have a document where pg/rr 161 the patient was recommended X, Y, Z, and if they chose not to do it, they sign here or at least it'll be something that says, I, Dr. X, said to do all of these things, fully inform the patient, and this is to acknowledge that they were fully informed. There's going to be those consequences once you create standards. We already have a medical malpractice system that I worked back in the day really really hard to reform, but making sure that injured patients were able to seek redress. Yes, I did not take the side of the physicians in that debate, but we were able to make it a better system, so that doctors could still remain in practice, and not have their rates go through the roof. It was a difficult balancing test, but we made it through. And we've made it through more than a decade of time since then. This is a huge change. Here's my other concern specific to this bill. By creating a standard of care that now goes beyond children, we've already used a hammer against children when we wanted the majority that supported that previous bill to push that policy. Such that, and it blows my mind that we were able to pass constitutional mustard with our State Supreme Court withdrawing a constitutionally guaranteed right to a free public education. That was a huge hammer hanging over the head of every family member, making sure their kids got the vaccine. And I never heard answers to Senator Somers questions regarding about the neighborhoods, the towns, and cities where there was a really low percentage of individuals, children that were getting vaccines, because you know what, had nothing to do with a religious mandate, had nothing to do with the religious exemption. But for those poor people that wanted to follow their Lord and their God and their religious principles, well, the hammer came down on them. So, pg/rr 162 now, if we expand it beyond children, what's the hammer going to be? Now, we're being told right now, oh, there's no hammer. There's not going to be any push to have everybody follow this. But once you establish the protocol, now what about next year's legislature? What if the majority then says, we're paying so much money for insurance, everybody needs to follow these protocols, everybody needs to follow the standard of care? What can they do to start mandating that? I'm fearful. I don't trust the government when it comes to this stuff. They have a terrible track record. So, now, anybody that's involved with a state contract, you could have your contract pulled if you don't follow the standard of care? Is it something that if you have a benefit in any way, shape, or form from the state of Connecticut that can get yanked if you don't follow the standard of care? What if you really want the physicians to push certain things? Can you put pressure on them? See, I just don't trust putting all this authority into the government's hands, because again, I just don't have to look back that far to see the system abused. We were living through a crazy age during the pandemic. You couldn't go to church but you could have package stores open 24/7. Corner stores had to be closed but Home Depot was open. It was a world turned upside down. And depending on the state, the laws were completely different. Well, now we're expanding this standard of care, this protocol to every resident. That means all of us. I don't believe that we need that to have access to vaccines. To me, that's a straw man argument. I'm happy to be told I'm absolutely wrong. If someone presented me with information in my hand that spelled it all out, then I'd take a second look at pg/rr 163 that. But that's not here. There's nothing in here regarding that. Not at all. So what are we doing? We're happily going down a path where not too far from here, government can change its mind and start imposing its will. And they will have established the predicate grounds to do that. Hey, if I didn't have to look back too far and see that it was abused, I might look at this differently. But again, I've been through that pandemic. It just really hurt a lot of young people and it hurt a lot of people in my constituency, and it still has ripple effects. We're resilient as human beings. We put a lot of that nonsense out of our head, but I cannot forget that the government has that authority. Governor Lamont could just declare an emergency, and I've been here in this circle. I was here when I got sworn in outside the building in the freezing cold because I had members that didn't even want to have the session in this Chamber. You don't have to go back too far. And now we are going to require all residents to participate in vaccines if they want? If they want today, but maybe they must tomorrow. And there'll be some reason why that is being pushed. And I don't have to imagine too hard. It's going to be insurance costs, and it's probably going to start with state employees. I'm already grappling with this. My youngest son is 22 years old. I am in a fight with the comptroller's office, not with the comptroller, but they farmed out to a third-party out in the Midwest to prove that my son is my son living with me, so that he can continue to have the health care that I get as a state employee. He was born under the state health care plan. He took his first breath under the state health care plan. I got divorced five years ago. I have divorce papers that say, he is my son. And yet, I'm going through pg/rr 164 all these hoops so he can stay on the plan, because state employee health benefits are fabulous. Well, when you have a fabulous benefit, that is fabulous leverage for policies. And by the way, we have that whole precedent here as state employees. If you have that health care, there are things you have to do each and every year, or you lose your health care. You can pay for it, and so you instead of losing it, you pay like another $400. And trust me, I slipped up on an eye exam and I ended up going like a whole year paying extra money because it's really hard to get an appointment with my eye doctor. So I've been through all this just by accident, without the government deciding it's going to ram its power down my throat, like it did not that long ago. It's happening now. State enforces its will on us now if you're a state employee and you want this Cadillac of benefits that we have unless you pay a lot more. And as you get older you realize I got to do X, I got to do Y, I got to do Z, I got to do X. In a previous discussion with some of my colleagues prior to coming out here, I said, I can't believe because I don't feel I'm old as old as I am on paper, but I hit a certain age and I indicated that my doctor just retired, one that I loved, just a wonderful, wonderful physician, and he decided to retire at the end of 2025. So I looked around and asked for some help, and lo and behold, someone said why don't you go see this doctor and she's awesome. She is so good. She's 38 years old. She's really up to speed on all the new, everything. And now she's telling me about the shingles vaccine, and I'm not big on vaccines. But then she told me the consequences. Well, it depends on what part of your body might get the shingles. And if it's up near your eyes, you might go blind in one of your eyes and all this stuff. pg/rr 165 And Dr. Anwar, Senator Anwar, he's nodding his head because I'm sure he's given this advice to people himself, that there are consequences for not taking vaccines that are known to actually diminish your chances of getting something, or may even stop you from getting it totally. And so, I am getting the shingles vaccine, and I got the first of two doses. Also, I didn't know, but you hit a certain age there's a pneumonia vaccine. So I got the pneumonia vaccine. So these are choices that I have, but they weren't rammed down my throat. By the way, in bringing out the bills, Senator Anwar talked about this measles outbreak. And I saw Robert F. Kennedy Jr., who was beloved by the left until he became part of the Trump administration. And suddenly, he's like vilified. And I, actually, am so thankful that there's someone in the federal government changing our health policies because I think we've been led astray by big pharma, and Big Food, and other giant multinational corporations for a long long time. And when they had sugar turn the food pyramid upside down against fats, that was a huge mistake. You cannot look at people from the 1970s and compare them to people now, and not shake your head and say, what the heck happened in America? It is not all because of cell phones, and sitting in front of the TV, and stuff like that. I am of the firm belief that powerful interest in Washington from the sugar lobby made sugar less detrimental than fats. And all of a sudden, the steak houses that we had in the '70s and everything else vanished, but other things crept in. And we had big tobacco buy up food companies, and all of a sudden, foods with chemical bases that make you want to eat after one Dorito more and more and more, and it's not a slight against that snack food pg/rr 166 because I love those darn things. But there's powerful interest in Washington that corral policies, and it's not always good for us as human beings. Well, I don't want to give government in Connecticut not that it's as horrible as in Washington, but that kind of power. And I'm less concerned with big giant corporations in Connecticut getting that. I'm more concerned with very good meaning majority party people, unless we in the minority, get control sometime in the near future, deciding this is a great idea and not enough people are on board and we need to nudge them into this position. So, what starts out as persons or just residents of Connecticut, now that vehicle is there to be used to push policies. And I don't want policies pushed on me because I value my liberty. It's amazing we still let people smoke cigarettes because that is so clearly a really bad thing for your health. But guess what? We just make too much darn money off the revenue of sales of cigarettes to ban it outright. I mean, come on, think it through. I've had too many people die too young because of smoking and cancer, and I think that's pretty, pretty obvious. Heart disease, lung disease, everything else, and yet it's not banned. But we find something else and maybe the cohort is narrower and not a tax consequence that we have to deal with, then we can make it all wiped out. I don't think it's necessarily bad that we want to influence the behavior of adults in Connecticut, but I don't want to do it this way. And I don't want it sort of like casually slipped into a bill that, oh, well, it was children yesterday but it's residents today. To me, that's a sea change. That is huge. Huge. We had that giant battle about the religious exemption, and we lost that battle for so many people because they were easily targeted. pg/rr 167 Senator Somers pointed out, if we have a vaccine problem, let's address the vaccine problem for children. And that had nothing to do with the religious exemption, but they were the ones easily targeted. We didn't really, from what I can tell, address the problem primarily in our urban areas and people that weren't educated or have health care available to them. And now, we want to expand this to people? To all adults? I say no. So I think there's a lot of reasons to put the brakes on right here and pause. I think there's a lot of other issues that are going to come to the fore regarding this bill based upon amendments that Senator Somers and others on our side of the aisle are going to bring forward. But I couldn't sit silent on this one because I think this is one of the biggest changes of this bill. Going backwards and wanting to change the supreme court midstream? Yes, that's an issue. Trying to reverse the policy or trying to address some of that policy regarding children, but we sort of fought that fight and lost. And you know what? I'm not a bad sport. If I fought the good fight and I lost, okay. We run on the principle of the will of the majority. I get it. But don't sneak this stuff, even if it's an accident, but don't just sort of get this in there and say, oh, it's not a big deal. We needed to get vaccines. We're not at a loss. Senator Somers said, we're not at a loss. Right now, there is no headline anywhere in Connecticut says we're in great danger of losing vaccines. That is not the case. It's not how it's done. They're stockpiled. They're available. And there may be a measles outbreak internationally, because I listen to the testimony in Congress, because I'm wonkish that way and crazy, and not only pg/rr 168 will I watch CTN, I'll watch C-SPAN. And I saw the responses that the Secretary of Health and Human Services, Secretary Kennedy gave. And our response to the measles crisis in America has been great compared to other parts of the world. And yes, it did sneak up on us, and God forbid, we ever see polio again, too. And there's things we haven't even dreamed of yet. I don't want to undermine the ability of good, great physicians and nurses and everybody associated with health care, like Dr. Anwar, who he's in here. I don't know how he does it. I don't know how Senator Gordon does it. I don't know how these men do it, or women, or anybody involved in health care, how you juggle that and do this job at the same time. God bless your soul. Their patients have really dedicated great people helping them in their health care. But when it comes to public policy, I think all of our voices matter. And I'm just not ready to be brought into that cohort where I'm being told what vaccines I must take or must not take. And right now, I agree. Senator Anwar said no one's saying you got to do this, I get it, but it starts off with, well you don't have to, but we're going to put you in this category of you're going to be required to be told. And that's all well and good, but that doesn't always last forever. And so maybe I'm being overly pessimistic or overly cautious or distrustful of government, but I've just seen this play play out too many times now. And I've been around this circle for a while. If you would ask me pre-pandemic if I had these kind of concerns, probably not so much, if at all. If you had told me that the government on a federal level would have brought people into the CIA or silenced physicians that had a different view of health care, or gone into the web and silence pg/rr 169 certain people that were singing against the government song, I would have said, no, that doesn't happen. I'm still one of these guys that really does not want to believe that our government had anything to do with the assassination of President Kennedy. But every day I wake up, there's one more illusion that I guess I was living under, and I just believed in, and I guess I'm just an old fogey because it was wrong. I'm not a big conspiracy theory guy. I'm just not. But if you give people the right tools at the right time, the tendency is to try to use them. And I don't want them there. I want it to be hard. Senator Somers, I'll conclude with this, said the balance of powers, Judicial Branch, Executive Branch, Legislative Branch. It's not always equal, but it should be a balance. But the other thing that our founding fathers made really important in the construct, not only of our federal government, but we replicated it, sometimes they took the ideas from us here in the Constitution state of Connecticut, we made it hard, hard to set up government policies and actions, because we were fearful of big government from afar. We didn't want to be dictated to by Parliament in London that was taking away our rights as loyal colonists. We didn't rebel because we wanted to be revolutionaries. We rebelled because we felt that we were English citizens that were being stepped on and trodden upon. It was just April 19th, ladies and gentlemen, that the first shots were fired in Lexington, just a few days ago, 250 years ago. Let's not freely give away our liberties willy-nilly. I support this amendment. Thank you, Mr. President.
Will you remark further? Will you remark further? If not, the machine will be open. Clerk, please call the roll. pg/rr 170
Immediate roll call vote has been ordered in the in the Senate. We're voting on Senate Amendment "B". This is not the bill. We're voting on Senate Amendment "B", substitute for H.B. No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. This is not the bill. This is Senate Amendment "B", H.B. No. 5044. An immediate roll call vote has been ordered in the Senate on Senate Amendment "B" of H.B. No. 5044.
Have all the Members voted? If all the Members have voted, the machine will be locked. Will the clerk please call the tally?
Total number Voting 34 Total voting Yea 12 Total voting Nay 22 Absent and not voting 2
Senator Somers.
Thank you, Mr. President.
My apologies, Senator. pg/rr 171
I got to figure out which microphone to use here.
One second, Senator Somers. I apologize. The amendment fails. Senator Somers, please proceed.
Thank you, Mr. President. Through you, I have just a quick clarification for legislative intent to the proponent of the bill.
Senator Anwar, please prepare yourself.
I wanted to ensure that any possible vaccine that may be added to the standard of care which, in my opinion, of course, is a vaccine mandate, that it would have its full clinical studies from Phase 1 through 3, it would have been evaluated and cleared by the FDA and the CDC, and it would be part of the VAERS system. Through you, Mr. President.
Senator Anwar.
Thank you. Through you, Mr. President, yes.
Senator Somers. pg/rr 172
Thank you, Mr. President.
Senator Gordon.
Thank you, Mr. President. And I rise to speak on the bill. And I'm going to preface my remarks with a few statements that I think are important to discuss, because as we know, this is an emotional issue. Of course, issues dealing with people having their right to decide what they do for themselves, what they do for their own health, what happens with their bodies, what happens for their children, what happens with their religious beliefs. Of course, that would be a lot of passions raised, a lot of emotions raised. And I respect that. I expected that would be the case. And I want to make certain that those who have these concerns, these serious concerns, some of whom are here today, exercising their rights to let us, as legislators, know what they think that that's acknowledged because that is important throughout all of this. And I'll get back to that when I talk a bit about this bill and what went into things. But one of the other things that's extremely important to talk about and to make certain that people understand is that despite various statements that have been made, not here in this Chamber, but during this whole process, some of which has been made outside of the Capitol, that if you are not in favor of this bill does not mean you're not in favor of public health. I'm a state Senator, but I'm also a doctor. I understand public health, I understand medicine. And we can work to uphold our rights and our medical pg/rr 173 freedoms. We can work to respect people's religious beliefs, but still uphold public health. And the two are not at odds with each other. They're not mutually exclusive. And that's extremely important to know, that when there are serious legitimate concerns raised about this bill and what this bill does and does not do, including what I think are very serious things that it does and does not do, that we still are looking to do what we can to uphold public health. And the reason I say that is that even though there is a role for government, to a degree, in public health, including in times of emergencies, the constitution of the United States of America does not go away. It does not disappear. It is not diminished. It is there. And it is a foundation, not only of our country's founding, but a foundation all throughout our country's history. And it's wonderful this year to be celebrating the 250th of this country. That's remarkable. And despite all the twists and turns in our history as a state and as a country, some good, some bad, various crises, wars, things like that, the constitution never disappeared. It was there. Over time, it's been amended, and that was a process built into the constitution itself, but how you can amend the constitution. But the constitution is there and doesn't go away. And even though we look to see what we can do for public health, and I respect those very much who work in public health, we have to, at the same time, make certain there is the proper balance of respecting people's rights. And these are rights that government doesn't somehow graciously give to us. These are rights that we have, and the constitution of the United States of America and the constitution of Connecticut are there to uphold our rights. And in fact, very specific wording that we have is there to say that pg/rr 174 not for people to abridge various of our rights, and just as importantly, not to have government abridge the rights. Very specific wording put into the constitutions, and it was done for a very clear reason. And when we think about what we do for public health, for example, we need to keep in mind people's rights. And the two are very important, but we can't let certain public health things trample on people's rights, people's decision makings, people's medical freedoms, and people's religious beliefs. We may agree with their decisions, we may not agree with their decisions. We may practice under different religious beliefs. And in fact, even under one religion, there's a whole, almost infinite range of religiosity. People's own relationship to God, however they feel that is. But we still have to respect that they make their decisions, they have their religious beliefs. And so, even though I am a doctor, I very much keep these things in mind in my role as a state Senator. And in fact, as a doctor, I have to keep these things in mind as well when I'm practicing medical care. And I'll get into that in a little bit. But I just want to make certain people understand that this is not one against the other. This is trying to make certain we are upholding both issues about public health and people's rights, freedoms, and religious beliefs, and seeing where we are balancing that. And I don't believe that this bill strikes the right balance. I think it overweights to a government role, no matter how well-intentioned, that I feel is not the right balance. And I've been very clear about that, including during my comments during Public Health Committee meetings and outside of the committee meetings. And I'll get into that in a bit. pg/rr 175 One of the things that we always have to be mindful of is that a prime directive, a fundamental principle of our free society rests on the rights of individuals, including of parents, to make their own decisions and have their own beliefs. Law-abiding people do that every day throughout Connecticut and throughout our country. In fact, there are many people around the world that wish they could have the rights and the freedoms and ability to exercise their beliefs, as we do and we take for granted, but we still need to make certain that we're there every day defending the rights and people's ability to exercise their rights. Because rights don't exist just by themselves. It takes people to defend them, and people who exercise them to stand up. And for me, that's extremely important when we look at a bill like this. And as I said, I believe this bill is too weighted to the role of government and not good with regards to what it does to abridge people's rights, medical freedoms, and religious beliefs. And I'll get into that in a little bit with regards to some other aspects that I have concerns about relative to this bill. One of the things as well that we want to make certain that we attend to is that we listen to people. Now, I spend a lot of time listening to people. Sometimes, one of the best things to do is not talk and just listen to people. You learn an awful lot, of course. And part of our role as legislators is that we are here to listen. And one of the important aspects of that is when we hold public hearings. And the first operative word in a public hearing is public. That's actually the key word, is public. And overwhelmingly, the Public Health Committee heard from and had testimony from people who were opposed to this bill because they're concerned about their pg/rr 176 individual rights being abridged. They're concerned about their parental rights being bridged. They're concerned about their medical freedoms being abridged. They're concerned about their religious beliefs being abridged. And one of the terrible aspects of that public hearing was when there was a vote and the Majority Party voted, before the public hearing even listened to the first person testifying, to arbitrarily set a time to limit debate, knowing that not everyone who abided by the rules signed up to testify by the deadline that was listed was going to be able to testify. And then from there, later on, things fell apart. And then we reached the magic hour when the public hearing had to end, I was proud with my Republican colleagues to host, an informal public hearing for those who had stayed to listen to what they had to say. But if you listen to what they had to say, if you looked at the testimony, overwhelmingly people raised the same concerns. It wasn't a cookie-cutter concern. It wasn't this form email concern. These were legitimate concerns by each one of those people. And that sends a clear message to us that when people overwhelmingly are telling the legislature that they feel their rights and freedoms and religious beliefs are being abridged and trampled on, that should cause us to pause and to think about what we're doing. The committee went ahead. I voted against this bill, and I was clear in my reasoning, and I've been consistent throughout, and I haven't changed my reasoning. In fact, continuing to hear from people, including many of my own constituents, has reinforced to me that I'm making the right vote for them. It's not a vote for me, but a vote for them. And the reason it's not a vote for me is I make my own medical pg/rr 177 decisions. Now, sometimes, my wife may argue, I don't always make the right decisions. She's a doctor, so, I do at times listen to her, but I do make my own medical decisions. I've decided to be vaccinated, but that's my own decision making. I look at the science of vaccines, I look at what the vaccines can do, and I've made my own decision. But I don't put that my own decision and tell someone else, you have to do exactly what I do. I make my own medical decisions because I have my individual right to do so and my medical freedom to do so. And if I decide not to do something medically, then that's my decision. But I don't hold it against anyone who decides not to take a vaccine just because I do. I'm not paternalistic. And in fact, in all my many years as a doctor, my role has been to use my education, my experience, my knowledge, my skill, to give people the best advice as I can at any given time. And give them information, give them opportunities to ask questions, and they make their decisions. Now, I may not agree with the decision sometimes. I'm a cancer doctor. Sometimes I tell someone, you have a 99% likelihood of being cured of a cancer, and they may decide they don't want chemotherapy. May not be what I would decide, but it's not my decision. They decide. Or I may tell someone, you have a cancer, unfortunately, that is difficult to treat. It's not likely we're going to be able to do anything. I don't recommend it, but they still want to do it. I think it's still within appropriateness for medical care and safety parameters, then I work with them. May not be a decision I would make if I were in that situation, but I respect their decision making, and that they've had the opportunity to pg/rr 178 think through information provided, ask questions. And the same applies to vaccines. Do I advise people to get vaccines when medically it's appropriate? Because sometimes I have to tell people who don't have immune systems from chemotherapy effects, you shouldn't get a vaccine at this particular time. But, yes, I do. But I'm giving the information and giving them the opportunities. But this bill goes beyond that, and that's a serious concern and a serious issue with one of the reasons I cannot support this bill. With that said, there are some things that this bill does, and I'll get into those in more detail. One is I believe it does create a medical standard of care. I do believe that it opposes real world mandates, even if it doesn't use the word. You don't have to use the word mandate to impose a mandate. I do believe, as I said, it bridges people's individual rights for their own decision making as competent adults and competent parents, law-abiding. I believe it bridges people's religious freedoms and beliefs, every time I read the bill. And I believe it unnecessarily interjects politics. And we've already heard today some of that, referencing things happening at the national level, into decision making here at the state level on serious public policy. That, we should not be doing. I'm not going to be interjecting that, and I'm not factoring that in to my decision making on the merits of the bill and how I take my vote of a no on this bill. And there are some things that this bill does not do. This bill, I believe, does not change the state's ability to purchase vaccines that are approved by the federal government. There may be something changed with the CDC, Centers for Disease Control and Prevention, but we also have FDA approval of various things. pg/rr 179 And I don't see at all that the state is limited in its ability to purchase vaccines that are FDA approved, or that become approved through the process that's built into law that the federal government uses. I believe that this bill does not respect individuals' rights to make their own decisions, and I don't believe it respects individuals' rights for their religious beliefs. And I'll get into that in some more detail. I won't go section by section through the bill. I'm tempted to, but I won't right now because I think I can put different sections of the bill into different groupings. I'll leave that for others who might want to go through individual sections if they so choose. One of the things that we heard about, and we've had some discussion already about here in the Chamber, and this was brought up during the Public Health Committee, which is a committee I enjoy serving on and working on. Certainly, as a doctor, a committee I sought to be on, and I'm happy to have that opportunity, is we've heard about standard of care. Now, standard of care has two different definitions. There's a medical definition, in a sense, then of course there's the legal definition. Now, legal views on certain things that happen in the world of medicine are not always the same as what happens for those of us who have the medical view. But there's many different types of variations on theme of standard of care. And one of those more or less is what a reasonable person of similar skill, education, or training would do in a similar circumstance. And there's various definitions that the courts, at times, will recognize or lawyers, I'm not a lawyer, will use. But when you are setting certain standards of care, it does set certain expectations, and it does set up certain types of mandate situations, even if you don't call it a mandate. pg/rr 180 Now, standards of care are not necessarily etched in stone, that if you deviate by one iota, you're in trouble. Now, there are some big ones out there that you don't want to do. But we recognize that there's a lot of flexibility that needs to be taken into account from individual cases to individual cases when we provide medical care. And each person's care throughout the spectrum of care is fluid and dynamic and changes. It's one of the challenges and excitements of practicing medicine. I think it's also wonderful opportunities for us to be helping people throughout all those spectrums of care. With that said, however, there are some expectations. We can argue about different shades of a color, but sometimes, things can be very different with different colors of the rainbow from each other. And so, that's where some of these concerns are raised relative to are we talking with a standard of care with different shades of a degree of red versus arguing, is it red or is it green? Two very different situations. And one has to be concerned that when state government is interjecting itself to say that we're going to say more what a standard of care is, this bill very much has into it about setting standards. And even if that's terminology in current law, this is adding to that and expanding that. And we have to be mindful of that. When you set certain standards and government does, that falls to those practicing health care doctors and other health care professionals that are you following that? What happens if a professional society has certain recommendations in a certain specialty or subspecialty that's not fully recognized in this law, could you potentially be in trouble? Could someone be concerned about what you advised or didn't advise? pg/rr 181 People may say it's not a mandate because the word mandate's not there, but in the real world that we live in, and you have to practice medical care in, it does very much have mandate effects. No way around that. That's my view. I think it's crystal clear reading through this bill. Others may disagree with me. That's fine. But I have yet to hear any cogent or coherent arguments that have changed my thinking on that. That's a serious issue, and I don't think that's the role for government. We can codify into law certain overarching things, such as someone shows up in an emergency room and you shall provide care. I think that's one aspect of medical care, but we're not sitting there and codifying 10,000 different items that you shall do this, here's a new standard. So, professional medical societies, and there's many of them, don't necessarily have to follow the CDC. Usually, they do, but they don't always have to. Sometimes there's certain scenarios where even the CDC gives flexibility, knowing that in different aspects of care, things are looked at certain ways versus another aspect of care. So, I want to make it clear that trying to interject into this about the CDC and people's feelings of the CDC or whatever may happen, I don't think is right in trying to create new or additional standards of care here in the state of Connecticut. Those are serious concerns that I would have about that. Those are real issues that we have to attend to when we are looking through this bill and thinking on this bill. I've already talked about one section of this bill relative to being able to purchase vaccines. And I don't think I need to go into that in too much detail further, but I might if needed. But that's important to understand that even though we hear about, well, this bill will allow the state to pg/rr 182 purchase some vaccines, even if it's not on the CDC list, unless the FDA has revoked approval for something, which is a whole different entity, and things that sometimes the FDA has to do on certain drugs which have happened over time for good reasons, usually it's safety reasons, or it approved it and then data later came out showing that the benefit really isn't there, and then it will yank an approval, the state of Connecticut can still purchase vaccines. And in fact, it purchasing vaccines is not bad. It can leverage its ability to bulk purchase and help get things out to public health departments, things like that. But I don't believe this bill gives anything additional to the state. There are people who may try to say that it does, but I don't see that it does. The state already has it, I believe. And I haven't seen anything in here that really adds much more to that. One of the other major parts of this bill that I've already talked about that is serious issue is about religious beliefs. Most states in this country have a religious exemption, and there's a lot of them that actually also have a philosophical exemption. I don't like to use the terms red and blue states. I really just refer to them as states. But no matter how you wish to define the states politically, across party lines in various states, many states have exemptions. Religious, plus minus philosophical. That's separate from medical exemptions where there are legitimate and known medical reasons not to take a vaccine. We know that. That's different. But religious exemption is something else. And interestingly, and it's important to highlight, that Connecticut, I believe, was the first state to institute a state law relative to religious freedom and restoration. In fact, it's the Connecticut Religious Freedom and Restoration Act. pg/rr 183 In this very Chamber, I wasn't here at the time, all 36 senators voted for it. And in the House it passed almost near unanimous. There were a handful, I think, of absent votes. And actually, even in the federal level, when the feds passed a similar law, think during the time of President Clinton, a Democrat, it had huge support. Now, there was a Supreme Court case, a US Supreme Court, that said that that law had limitations on how it could tag to the states, and then you saw states do stuff. But Connecticut was a leader. We hear all the time when various bills come out. We heard it today on S.B. 4, we heard it yesterday in S.B. 5 that Connecticut is a leader. Let's be proud of that we hear. Shouldn't we be proud of the fact that we are one of the first states, if not the first state, to not only recognize, but uphold religious freedom and religious beliefs? Overwhelming. Again, unanimous in this Chamber. Later on, then, I think it was 2021 was when the religious exemptions were, I believe, attacked, and you saw things being removed. That was a huge backtrack on what this state did previously to try to defend and uphold people exercising their rights for their religious beliefs. And just as importantly, in the law, there is a provision to say that people can seek redress. And they seek redress two ways. They talk with us and "lobby" us as legislators, or they use the court system. And in fact, people have looked to use the court system. And we've heard about a lawsuit that this bill tries to short-circuit, and I think it was Spillane v. Lamont, went through this Connecticut Supreme Court. Now, we've heard that supposedly the court found all aspects, met constitutional muster, pg/rr 184 and the court felt that the issue was settled. That's actually not fully true. If you read through the court case, and I won't read it here in the record, but I have a copy if anybody wants to read it, it's very interesting reading, that one of the, I guess, counts that the plaintiffs raised was not actually fully dismissed. And that's why there's still the issue about what's happening with this lawsuit. And one of the things that I spoke on prior in the committee and very much want to highlight here today, which is another reason I cannot support this bill, is that it is terrible for the Legislative Branch of people's state government to feel it's not going to like the outcome of a lawsuit, and decide, you know what? We're not going to wait to see what the court says because the state government might lose. So, you know what? Pull the rug out from under the plaintiffs. Cut their legs off. Short circuit the process. And then we don't have to worry about what the courts are going to say because now it's moot. Can you imagine doing that? Can you imagine using a state law that was put in, giving people the opportunity to seek redress? They follow the law, they seek redress of concerns about their religious beliefs and the state interfering with that and bridging it and limiting it. They go through the process. They follow the process. They go to the Supreme Court of the State of Connecticut to argue their case before the justices there. And the court did dismiss some counts, if that's the right legal terminology, but didn't outright dismiss one of the counts. And when you read through that, guess it's the opinion of the court, it was very interesting what the court said and why. And didn't outright say, pg/rr 185 you're all done. There's still a pathway for them to redress government, to seek redress, because they feel they've been harmed. And to have state government want to completely change the rules as they're going through that process is absolutely terrible. There is no legal argument, I believe, you can make to explain why you would do that. There is a political argument that is being made, not by me, but by others. And to put into this bill to try to short-circuit that is absolutely terrible. I have heard no good explanation for why. I hear certain overarching things about public health, but this provision in this bill is not about public health. It is absolutely very clearly about some people in the legislature and some people in the political sphere of things so concerned that the court will side with the plaintiffs on that remaining count that they don't want to get to that point. So let's just change everything. That's exactly what this is. In fact, when there's no other way to explain it and when you show the facts to the "average" person in Connecticut, they know how to connect the dots on this. And they know that not only do they feel that their religious beliefs are affected adversely, but their legal ability to seek redress with the very same state government that is adversely affecting their religious beliefs has been just completely shot out from under them. Absolutely terrible thing to do and a terrible civics lesson to the kids of Connecticut. Just incredibly bad. And for that reason alone, we should not pass this bill. Because if state government today, by some people, can do that on this issue, then there is nothing at all that will prevent state government at any time by some people to do the exact same thing on other issues. Nothing at all. In fact, it opens pg/rr 186 the door so wide that I think you'd have to expand I-95 and 91 and 84 because you can drive unbelievable convoys of trucks through on anything you want to change at any time to short-circuit things in a court system. Absolutely terrible precedent, I believe, that that would set. And that is not what we should be doing in a bill. Let the court system play out. If you don't like the end result, then you don't like the end result. But don't, at all, take away from people their right, their legal right, per law that was unanimously passed some years ago by this very chamber, some of whom are still here, and take it away from them at this point in time. And if there's any kids who are watching, be very aware that this is a prime civics lesson for you about why the constitution of our state and the constitution of our country was written to protect our rights and to make it clear that government does not exist for its own sake, but government exists because of the consent and agreement of the people. That government is here to serve people, not serve itself or serve any special interests. This is, I'm not going to say wonderful civics lesson, but this is an important civics lesson. And pay attention to the vote because that's part of the civics lesson. And you'll also see those who evidently have learned that lesson, or ignored the lesson, and those who very much recognize it and abide by it. Very important civics moment in our state. Mr. President, the clerk is in possession of LCO No. 4622. And I ask the clerk to please call the amendment.
Mr. Clerk. pg/rr 187
LCO No. 4622, Senate Amendment "C".
Senator Gordon, will you remark?
Thank you, Mr. President. I move adoption of the amendment, waive the reading, and please seek leave to summarize.
So ordered. You're good, Senator Gordon.
Thank you, Mr. President, This is a very straightforward amendment. In fact, I think it's maybe one of the shortest amendments I've ever brought up. pg/rr 188
But it is extremely important and, I think, powerful amendment. And it basically says that in striking the section, I believe it's 14 of the bill before us that deals with trying to short circuit the legal proceedings, the court case, relative to the Religious Freedom and Restoration Act. New language being put in should be taken out, and that's what this amendment does. This amendment would get rid of the new language, it's not changing any other language already in that law, but it's taking out the new language. New language, as I've mentioned when I was talking on the bill, and now that we're talking on the amendment, I'll discuss the amendment, new language designed to achieve a certain end result, but in this case, the end does not justify the means. That you don't take away people's right to seek redress if they feel they've been harmed by action of government, especially when it comes to our individual rights, medical freedoms, and in this case, religious beliefs. This law that was put in was specifically done to defend people's religious beliefs. It's not favoring one religion over the other, that's not allowed in our constitution, but it's saying, you have religious beliefs, we respect that. You're law-abiding, we respect that. And when the religious exemption was put in, there was wording in there to allow seeking redress. So, this bill is very straightforward in what it's trying to do. It's saying, why do we need government interfering more in people's lives, interfering in the work of the Judicial Branch of government that has an active case before it, that's working its way through on the one remaining count that was commented upon by the State Supreme Court, Spillane v. Lamont. pg/rr 189 We don't need to interfere that way. Let that play out. Who knows what will happen? The courts will decide, but don't let us interfere with that. And this amendment brings us to where we still are not trying to make things, I think, worse. And as I said earlier when I talked about the bill, open the door widely to allow this to happen on any other issue. This is extremely important. Now, I'm sure we'll hear some people argue against the amendment. Many times, we hear people say that they urge their colleagues to vote no on an amendment, but don't actually explain in detail why they're urging it or why themselves will vote no. But we'll hear some things. I'm certainly open to hearing, but everything I've heard to date that has led to bringing this amendment forward has not risen to any level that justifies having this provision in the bill before us. But sometimes I'm amazed, and I'll learn new things. I'm also a realist, and I don't think I will on this for people who say they're going to vote no. I think I'll hear the same talk and can say it as many times as you want, but it doesn't mean it really is true. But, Mr. President, I urge my colleagues to think seriously on this. I urge adoption of the amendment, and I do ask, please, that when a vote is taken, it be taken by a roll call.
Will you remark further? The question is on adoption. Will you remark further? Senator Anwar.
Thank you, Mr. President. I wanted to thank my esteemed colleague for the amendment`, and his very thoughtful comments. I appreciate his wisdom and his experience. And, Mr. President, this bill was amended in the House to make it extremely narrow, pg/rr 190 this part of section 14. So it has already been amended to be able to comply with some of the colleagues downstairs in the House to make it extremely narrow. And removing this may have an impact about 500,000 children in our state. So I would urge people to vote no on this amendment. I just wanted to mention that. Thank you.
Thank you. Will you remark further? Will you remark further? If not, the machine will be open. Mr. Clerk, please call the roll.
An immediate roll call vote has been ordered in the is not the bill. We're voting on Senate Amendment "C" for H.B. No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. This is not the bill. We're voting on Senate Amendment "C", H.B. No. 5044. An immediate roll call vote has been ordered in the
Have all the Senators voted? Have all the Members have voted? If all the Members have voted, the machine will be locked. Will the Clerk, please, announce the tally?
Total number Voting 33 Total voting Yea 11 Total voting Nay 22 Absent and tot voting 3 pg/rr 191
The amendment fails. Senator Gordon.
Thank you, Mr. President. I'm not surprised by the outcome, but I think the public can clearly see who voted for the amendment and who voted against. Also should note that we really didn't hear much about why people decided to vote no, but I'm sure they'll have to answer to their constituents, and really didn't hear much about why, in general, one should vote no on this. For the reasons why this amendment was brought forward, it seemed to be convenient not to have to say much about the real fundamental reasons why this amendment was brought forward. But I'm happy to be one to talk about that. We're back to the bill itself, and there's a few other points that I think are important to make. And one is that we've heard that from proponents of the bill that this isn't really empowering more people in state government to make decisions. I don't agree with that at all. I think the bill as written not only looks to have been intended to do that, and we've heard from a lot of people in the public, their concerns about that. But in effect, it does that. It doesn't matter who at any time is the Department of Public Health commissioner. And it could be whoever, but it does give more authority to that person in that position to be making certain decisions. We've heard that, well, the legislature still can be involved, and granted, we have a Regulation Review Committee. No offense to them. And we actually heard when this bill was brought forward to this Chamber today that that committee is pg/rr 192 bipartisan. But it's extremely important to remind the public that there was very much a bill that was developing legs to change that and take that bipartisan committee and make it partisan by giving more votes and control to one party than to another. So, we may hear about the committee being bipartisan, but don't be fooled that really was being respected, or actually still is being respected, given the bill that was being moved through the process. I believe that that effort stopped, thanks to the public who saw through that scheme, did not want it to happen. Thanks to my Republican colleagues and I for highlighting and shining light on it, and nothing like then the public trying to get its voice heard, and we saw that process end. And I believe that was done to be in tandem with something, a bill like this, so that way, whatever would be decided by one person really, doesn't matter who you're in consultation with or who you decide not to consult with, that if things had to come to the Regulations Review Committee, things were already going to be set for a given outcome. Similar to what we see when this failed amendment relative to the part of the bill that's trying to short circuit what some people may not like as a potential court case outcome. So we can see a similar theme here, and that should raise concerns as far as what's, I think, was really being looked to be done. And, yes, it does give a lot more authority to a Department of Public Health commissioner, and it purposely distanced the legislature from making certain decisions, agreeing with certain regulations that the Department of Public Health commissioner can move forward to implement provisions of this bill, even policies. pg/rr 193 That is another major civics lesson that we're seeing before us. On the 250th year of the founding of our great country, in part, fighting against decisions of one person, King George III in England and the parliament acting in London in his name, in a distant land. They fought against that. Did not want that. But yet, we're seeing concentration of power being set up in government, and that's not right. And in fact, not only is it a civics lesson to say that this should not be happening and be mindful of it, it's quite a timely civics lesson on the 250th anniversary of our country that all of our towns and cities are celebrating as far as why this country was founded, why Connecticut was one of the leading colonies under the crown that fought and broke away from being under the crown, and why countless people have fought to defend that ever since, including many people who have lost their lives in that process. During times of war, certainly, and also during times of peace. This should be another reason we should pause. I have yet to hear any good reasoning why that concentration of power. Now, I hear arguments being made that this really isn't, but just because you try to throw gum against the wall, doesn't mean the gum sticks. And the arguments I hear that, oh, this really doesn't do that type of concentration of power and decision making separate from people and their elected officials, that doesn't stick either. And all that happens when you throw gum against the wall and it doesn't stick, it falls on the ground, and invariably, you or somebody has to step on it, and that's never fun or pretty. And then you have to spend a lot of time trying to fix it. And we shouldn't be trying to do that at some later legislative session, but I fear we'll have to if pg/rr 194 this were to pass and then the governor were to sign it. I think that's very, very bad. And there were lots of testimony that we heard from members of the public who were allowed to speak during an unbelievably, fatally flawed public hearing process, and even those who sent testimony. And those who didn't still reached out to their legislators. I know many reached out to me, who raised concerns about this. And when you hear from people to that degree, to that extent with those numbers, shouldn't we listen? Shouldn't we not, as a legislature, be charging forward, or at least proponents of the bill and those who are voting forward, charging forward while there are those of us trying to say, hey, that's not the right thing to do? If we want to see what more to do to uphold public health, there are ways to do it without concentrating that degree of power. I think unnecessarily giving up some of our legislative responsibilities as the elected people of the state of Connecticut. Why would we want to then give some of that responsibility authority to an unelected person who does not answer to the people of Connecticut at all, no matter who at any time is the Department of Public Health commissioner? That's a serious issue, and the people of Connecticut should pay attention to what is happening here on this bill because not only are these major civics issues, but it shows what can happen when their government feels, by some people, that they can do these things, all these different things in one fell swoop in a bill, short circuit a court case that the State Supreme Court has allowed on one count to be further adjudicated, concentrate power into the Executive Branch of government and the legislature, the elected representatives and senators, some of them willingly cede that. pg/rr 195 Not respecting and upholding individual rights, not respecting and upholding parental rights by law- abiding people, and not respecting and upholding constitutionally protected religious beliefs, all in one bill. And even though we're talking about public health, and I support public health, you can't take away these issues from it. Just because you say you want to further public health, you don't do these different things. Again, the end does not justify the means in this situation. And surely, this is something that if there was really a willingness to work in a bipartisan way, if there was really a willingness to want to listen to the people, one could have had a far better process, including public hearing process, and one could really do this in a good bipartisan way to further uphold public health and further public policy and not have politics involved. But, again, we heard very early on when this bill was brought out references to politics and to national situation, when we're dealing with things here and now here in Connecticut as far as what state government is doing and what the people of Connecticut are telling us they don't want done. For all these reasons, I will be voting no on this bill. I've made myself, I think, remarkably clear even through the legislative process on it. And as I said earlier, the more I hear from my constituents, I don't ask them, hey, can you give me your opinion? Are you a Republican, unaffiliated, Democrat? I don't ask those because it doesn't have bearing on my wanting to hear from my constituents. I am hearing from people really concerned and upset about these issues that we're talking about, not about public health, but about what this bill is trying to do and the way it's doing it. And those are legitimate concerns. Again, we hear many times pg/rr 196 from proponents of this bill about wanting to defend people making medical decisions and having medical freedoms. What happens with their bodies? This is no different. And in fact, what's different is when I look at it, I've taken an oath of office, and I take that extremely seriously. I'm not saying others don't, but my oath of office to me is I do not pick and choose as if it's a buffet menu which of our constitutionally protected rights and other provisions in state and federal law I like or don't like and want to support or not support. They are there, and I'm here with my Republican colleagues upholding those rights and defending those rights. And again, I don't pick and choose amongst them. But this is an example, I dare say another example, of some people wanting to pick and choose that in the name, in this case, of public health. And I'm taking nothing away from public health in my no vote. I still will do what I can that's reasonable and realistic and responsible to uphold public health and further public health. In fact, I have a track record of it in my career, and I'm proud that my wife does too, and that there's others who do. I don't take that away from any. I'm proud to support those who serve in public health in various degrees. They're needed. I wish we had more of them. And it's a good career path if that's what someone wants to do. But we don't do it at the expense of what this bill does. And, again, I'm going to highlight, we should not be abridging constitutionally protected individual rights, which by extension are parental rights, and medical freedoms, and religious beliefs. Nowhere in the constitution that I read does it say we should be doing that. pg/rr 197 Now, there have been court cases that say that there are situations where in certain, say, public health or emergencies that one looks at things with certain ways. And I hear proponents of the bill say that. I'm not saying that's untrue. But what's conveniently not mentioned, because I think it's an inconvenient truth for some people, is that the law itself that was put into place here in Connecticut, as I've mentioned before and I'll mention it again, gives people the legal opportunity to seek redress if they feel they are harmed. And part of that is already ongoing, and it'll be absolutely shambolic for a legislature by which may well be majority vote interfere with that, a law that was purposely put in that way, and that our State Supreme Court has recognized, and that's why one of the counts in the law wasn't completely dismissed. And we should be extremely mindful of that and respectful of that. And that in and of itself is a reason to vote no. But I think there's an abundance of reasons to vote no that if this bill were a ship, it would rapidly just sink on its own weight to the bottom of the sea. And that is bad to have a bill like that and even worse because I think it takes away from what should be done in, I hope, a different but good way to help public health, and thereby, with public health, help people. But again, we're not here and should not be here to tell people what to do. Give them the information, they make the decisions, respect their decisions, even if we don't agree with their decisions. That's a free society. And if we look at medical care, as I've mentioned earlier in my remarks, that's how I know doctors practice or should practice. And that's how we should practice as legislators. So I get to wear both hats as a senator and a doctor, and I think on what I've been talking about pg/rr 198 and how I see this bill and the issues before us, both issues exist at the same time, and one is not taking away from the other. But, again, I urge my colleagues to seriously reflect. Read this bill if you haven't read it. Read the landmark legislation and bill that Connecticut put into place for the Religious Freedom and Restoration Act. Read some of the provisions in the religious exemption law, which I don't agree with, having taken away the religious exemption, but some of the provisions that allow people to sue and seek legal redress and read the Connecticut State Supreme Court case and what the Supreme Court said and why it didn't fully dismiss one count. And when you do that, you will realize that this bill is designed to completely take away all of that in the guise of public health. And this is not, I see, a true public health bill. This is in part a public health bill, but also a political bill. Bunch of Ps. And that should not be. So for those reasons, I urge my colleagues to really think seriously about what they're doing, and to really think about a different way that we can uphold and further certain public health goals while continuing uphold and respect, and I will say, defend all of our constitutionally protected rights, all of our constitutionally protected medical freedoms, and all of our constitutionally protected religious beliefs. And if you can't do that, then I don't know what more I can say for you. Madam President, I urge my colleagues to vote no on the bill, and we'll see how things go. But I think we already know how the outcome of this vote will take place when ultimately we get to the vote. Thank you.
pg/rr 199 Thank you, Senator Gordon. And good afternoon, Senator Sampson.
Good afternoon, Madam President. I rise, like I did actually in 2021 on a similar bill in determined opposition to the legislation before us. For the thousands of folks around the state of Connecticut that are watching this building today, this is not just another vote. It is a defining moment. Because what we're being asked to do here is not simply pass another bill, it is to see if we're going to take another step redefining the relationship between the citizens of Connecticut and their government. And we've seen this before. Back in 2021, this Chamber debated and passed legislation that deeply impacted thousands of families across this state. Many of them were here inside this building and outside this building at that time. Many more were watching from home, and they were pleading with their elected representatives, not only to be heard, but to be respected. And today, many of those same people are back. There's a lot of people in the building today, and there are many, many more people, thousands of people watching this legislature today. And they are back with similar concerns as before. And these are not abstract concerns, these are families trying to understand how they're going to educate their children, how they're going to keep their jobs, how they are going to live under laws like this, and whether their government still respects their right to make deeply personal decisions. In that bill in 2021, this body removed the religious exemption for vaccines for children. And I warned at that time that that would not be the end of the conversation. And today my warning is being proven true. And it forces us to confront a serious pg/rr 200 question, which is, is our state government still made up of representatives of the people, or is it acting as a tyrannical authority over them? H.B. 5044, which we're debating right now, is not a new idea. It's the continuation of the same policy, the same philosophy, and the same massive expansion of government power. My concerns today are very similar to what they were back in 2021, only now they are bigger and more clear and, I would say, spelled out very obviously in the language in the bill before us. And this is where it becomes dangerous. Because history, and there are even present day examples, show us exactly where this kind of centralized government authority will take us. Systems where governments track compliance, reward obedient behavior, and restrict access to everyday life based on whether citizens follow prescribed behavior, where something as personal as a medical decision becomes a condition for participation in society, we should never move in that direction. I want to begin really by talking about what the bill does. So I think I'm going to ask a few questions of the proponent. So through you, Madam President, can I ask Senator Anwar, as Chairman of the Public Health Committee, to kind of give us a breakdown of why the changes in the law are being proposed? And I want to just start with the notion that we are changing the standard of care from children to all residents of the state. Through you.
Thank you. Senator Anwar.
Thank you, Madam President. Madam President, I will repeat some of the things I had said in the pg/rr 201 beginning. Well, I'll try to summarize it, and I'll try to be short instead of the entire 20-minute conversation I had. But there are some federal changes that have been made, and the ACIP makeup has been changed that is actually looking at changing the vaccine schedule. The state of Connecticut depends on getting the vaccines from CDC. So one component of the bill is to try and make sure that the state would have the option to purchase vaccines not only through CDC but beyond CDC, because if the vaccine schedule changes, the access to those vaccine gets limited. So that's one component of the bill. The other component is that if there is a recommendation that changes from the federal government, that would result in a risk that the insurance companies would not cover those vaccines. So part of the bill is looking at how to make sure that the insurance companies would cover the vaccine as well. This is not mandating any new vaccine, this is not giving the power to the commissioner to unilaterally add mandates, on the school vaccine schedule. This actually bill is also not restricting any worker from their ability to work to get the vaccines before they would work. So, those things are not in this bill, but the bill does have parts which are very relevant to making sure that the people who choose to have the vaccine can get the access to the vaccine. The second part is about the RFRA that we have touched on earlier, which is it refines the boundaries of RFRA Act from 1993, so that the school vaccine laws and higher education vaccine laws are not impacted by the RFRA law. So that's a very short summary, Madam President. I can go deeper if there's a question. Through you. pg/rr 202
Thank you. Senator Sampson.
Thank you very much, Madam President. I appreciate the good chairman and his answer. Although, I think it's interesting that it does not really reflect any of the conversation that's existed on this bill since the very beginning. The people that testified on the bill, the vast majority of them testifying in opposition. But even the people testifying in favor, I watched much of those hearings. I read a lot of the testimony. I don't remember anyone talking about the federal government restricting access to vaccines. And I would just note that I think Senator Somers very clearly stated that that's a bogus argument, that's not going to happen. And even if it was a true argument, it hasn't happened yet. And what this bill does is it takes the authority of this legislative body and effectively transfers it to one person who is going to be the person now who can ultimately decide what the vaccine schedule is, not just for children, but for all of us, for every Connecticut resident. And I know it's not lost in the chairman that there's a final, a fine, fine line, just a skip and a jump away from mandating behavior. Because once that standard of care exists, now it's going to be imposed. It's going to be imposed at all levels of health care, in the insurance industry, and on and on and on. Can I ask, through you, Madam President, why we have put this responsibility for establishing the standard of care in the hands of one unelected person? Through you. pg/rr 203
Thank you. Senator Anwar.
Thank you, Madam President. I want to thank my colleague for this question because it's a very important question. I want to first clarify that if there was going to be a mandate, that would have to go through the legislative body. And if there is going to be a mandate that is going to be presented for the children's schedule, that would have to go through Regs Review Committee. But this is actually a standard of care question, and the standard of care also has given the guidelines what guidelines the commissioner, whoever that may be, would have to follow. So, while the commissioner is going to be responsible for using the guidelines to follow the recommendation for the standard of care, the standard of care is not a mandate and is not going to require anyone to follow if they choose not to. Through you, Madam President.
Thank you. Senator Sampson.
Thank you very much, Madam President. I appreciate the answer of the good chairman. But can I ask, are there any limitations on what the Department of Public Health commissioner could add to the vaccine schedule, for example? Can they put anything they want on there? Through you.
Thank you. Senator Anwar. pg/rr 204
Madam President, there are. These vaccines have to be the ones that have been approved by the FDA. They are the ones that have have gone through all the appropriate tests have been approved to be able to be used safely in that situation. So that would be one of the aspects to look at it. There is a part of the bill which looks at emergency component, and if that's part of the conversation, we can talk about that as well. Even in that particular part of the bill, there is no mandate, and people do not have to follow the guidelines. Through you, Madam President.
Thank you. Senator Sampson.
Thank you very much, Madam President. I appreciate the good chairman saying repeatedly that there is no mandate, but I think he knows, as well as I do, that that's not required to be spelled out in the bill for it to become effective through other means. The establishment of the standard of care by the Commissioner of Public Health is going to be recognized by entities throughout the state. And then they're going to start to make their own requirements based on that established schedule. That is the danger here. That is why there are thousands of people that came to the Public Health Committee and oppose this bill. It's why I'm standing here right now. I know how this works. What I'm really looking for for an answer is the Public Health Commissioner is a political appointee. This is a person who's not even elected. Not that I'm a big fan of putting elected people in the position of having power over decisions that affect us arbitrarily, but now what you're doing is pg/rr 205 you're taking someone who's not even elected, who's a political appointee, a political animal that obviously belongs to a political party, and probably is being supported and placed in that position by the political party in power, and giving them the authority to make arbitrary decisions that the rest of us will have to live under. Where I come from is that the legislature, representatives of the people, vote on these things before they become law. So what I'm looking for, really, is some sense of what role the legislature can play as a check and balance against decisions that any future or current Public Health Commissioner may make. What avenue do we have? If they decide to add something to the schedule that is aggressive or controversial as a standard, what recourse do citizens have? Through you.
Thank you. Senator Anwar.
Thank you, Madam President. I think that's a very fair question. I think we have seen, and I know my colleagues do not like to hear this, but we have seen that there's one unelected official at the federal level who just fired 17 ACIP members and appointed individuals who are not trained to be able to do the job by their own recognition. So, we need to, at the state of Connecticut, be prepared as well to make sure that we have a legislative backup in that situation, and we do. So, if there is going to be a mandate that is going to be decided by the commissioner for, as I mentioned, in a new illness X, Y, Z and has a viral infection of unknown capacity, and there's a vaccine that is approved, the commissioner has the capacity to put that forward, but that would have to go pg/rr 206 through Regs Review Committee, through the legislative branch of the government where the Regs Review Committee members are equally distributed between Democrats and Republicans, and they would make that decision. So that would be a backstop to be able to make sure that there's a voice that is heard, and that process individuals would be able to and everybody knows the members who are on that committee to be able to work with them and educate them too. Through you, Madam President.
Thank you. Senator Sampson.
Thank you very much, Madam President. I appreciate the gentleman's answer. The thing here for me is that it seems almost like an extension of what happened in the Public Health Committee earlier this year, which is the powers that be, the majority decided that they want to advance a piece of legislation, and they put it out there. And the public overwhelmingly rejected it, opposed it, came in droves out here, sent voluminous number of emails, calls, office visits. I don't know how many people actually came to my office, I'm not even on the Public Health Committee, to tell me that they were upset about this. And yet, the public hearing didn't even go to its full conclusion. The majority didn't care much for listening to all of the people in Connecticut that wanted to have their voices heard. And for me, this is an extension of that. Because now what you're doing is you're taking a bureaucrat and you're putting them in charge of determining our fate and our future, and there's no pg/rr 207 check. There's no check. It's ironic to me that folks that talk about no kings all the time have a great have a great tendency to create kinks. Just in this circle in the last week, we have had bills that empower the comptroller to be the arbitrary determining individual on whether or not they could stop payment on a job contracted with the state of Connecticut. And I made it very clear in my debate that they could do that for political purposes within the lines of the law. Yesterday, we had a bill, and in fact, I think the bill we did earlier today, numerous mentions of empowering the Attorney General to have the sole authority to intervene if the Attorney General felt something is wrong. In fact, depriving members of the public from having the cause of action in the same exact circumstances. What's going on here is that our government is switching from being a government of for and by the people, to a government that pushes its weight and force upon the people. We're giving the Commissioner of the Public Health the ability to create this standard of care. And that standard can include schedules recommended by the commissioner, has nothing to do with what's being adopted nationally. That's not a technical adjustment; that is a transfer of power. And then, of course, the bill is going to take that standard and it will be threaded all through our statutes in state government. And ultimately, it's going to affect access to schools and colleges, to childcare. And now when you start adding adults, it's going to start interfering with people's access to jobs, to their own healthcare, to insurance coverage, maybe even access to society. Just look at what happened during the pandemic, and you will get an idea of just the potential for what can happen, where people are not allowed to go to the sports function unless they can prove they had a pg/rr 208 vaccine, where you cannot even go to a Board of Ed meeting unless you can prove you're wearing a mask or you've taken a vaccine, where people were not allowed on the 2nd Floor of their own legislature, the People's Building. And this is the part that should get everyone an extra bit of pause, which is that once we hand over this level of power, it does not come back. It does not come back here for a vote. That schedule's in place. No debate, no accountability, no direct representation. Just one person, an unelected person, a political appointee. That is not how a free society is supposed to function. Back in 2021, we were debating this, there was a lot of discussion about how there was a crisis, because there was a few random measles cases running around. So where's the emergency today? It's an easy answer, there isn't one. Where's the crisis that justifies this massive level of government expansion? There isn't one. In this bill, however, I notice in Section 8, let me just get it in front of me really quick, Section 8 is all about giving the governor of the state of Connecticut additional authority, not just to declare a public health emergency. And I'll just suggest that if anyone was here watching these debates that happened in this Chamber around the time of the COVID pandemic, you would have caught me in here raging against the machine about how the fact there's no actual public health emergency that you could put your finger on. We were declaring public health emergencies extension after extension after extension, when there weren't even 100 people in the hospital in the whole state. It was madness. And it was quite obvious to anyone watching that there didn't have to be any actual public health emergency. All that has to happen is the governor says there is one, whether he believes it or not. That's enough. Incidentally also the same pg/rr 209 criteria that determines whether we do emergency certified legislation is the leaders say it's an emergency. It doesn't mean there is one. What a terrible standard. What a lack of respect for the people of this great state that represent us, that send us to do their business. But I would just point anyone who's got the bill in front of them to lines 226 through 228. Included in the governor's expanded emergency powers in this bill is number 6, to authorize the Commissioner of Public Health, or the commissioner's designee to issue a standing order to permit medical interventions, Lord knows what that might be, including vaccinations. Through you, Madam President, does this mean that if the governor arbitrarily declares a public health emergency, whether there is one or not, because all that's required is his opinion, that he can require every person in this state to get a vaccine? Through you.
Thank you. Senator Anwar.
Thank you, Madam President. I appreciate this question as well. This is a very important question. I will say that if you look at the last line of that, which clearly states that does not require any individual to receive or utilize such medical intervention. So, there is no mandate even in a situation of an emergency, and it's an important aspect to clarify, because even if the emergency, because the governor is the governor across the country, across every state, governors are the ones who, in the state, would declare emergency. So I think that's not necessarily a controversial issue. But if that declaration is made and a pg/rr 210 recommendation is made, the people will still have a choice to follow those recommendation at that time, and it would not still be a mandate, which is probably something the other states are not even doing. And I wanted to also mention one more thing about the commissioner's role. The commissioner has been given the guidelines, and he or she, in this case at the present time, she, cannot deviate from what the federal government is recommending, but also the three different groups that we have put in this as well. So she cannot just bring something out of nowhere into the standard of care. It has to follow three different organizations and the federal CDC and ACIP as well. That was from the previous question, but I've answered two things at the same time. Through you, Madam President.
Thank you. Senator Sampson.
Thank you very much, Madam President. And I appreciate the clarification, particularly with regard to the previous question. But when it comes to the governor and this section that we're referring to, he doesn't have to go through any of that. The governor says that he can authorize the commissioner to permit medical interventions, including vaccinations, necessary to respond to the public health emergency. It doesn't say anything about whether or not those vaccines have gone through any particular process, or whether they've been approved by the FDA, or anyone else. You're creating a mechanism here for more king-like behavior, frankly, by empowering a governor who already has the ability to declare a public health emergency willy-nilly. pg/rr 211 And they made a big deal about the fact that they were extending the public health emergency over and over, after the COVID pandemic was largely over, because they were trying to maintain access to federal funding. So, people in the state can lose their rights because the governor decides that he wants to extend a public health emergency or create one out of thin air for some other purpose that has nothing to do with public health. I think it's dangerous. I also think that the caveat that was mentioned by the good chairman, while it does appear in the bill, I don't think that it is an all-inclusive caveat. And I don't know about the other people listening, but I live through 2020 in Connecticut. I remember how difficult it was to just be a civilian, to go anywhere. Freaking arrows painted on the ground in Walmart, telling you which direction to walk. You're going to tell me that they don't have the power to create mandates. They most certainly do. This bill isn't driven by any necessity, it's driven by ideology. I have great respect for the Chairman of Public Health Committee, but his very first words on his mouth were Trump, RFK. That's what this is about. This is not about the health of the people of Connecticut. This is all about national politics and stirring it up, trying to create that division, so that we're all Trumpers or anti-Trumpers, and we got to get on or off the bandwagon. It's a bunch of nonsense. I come in here to do policy. I agree with the president sometimes, I disagree with the president sometimes, but I'm my own person. I make up my own mind. And when I look at policy like this, I shake my head because I see why it's here. It's just another in a long chain of politically motivated bills, because it is an election year folks. pg/rr 212 We had the ICE Bill the other day. We'll be doing a Gun Control Bill pretty soon. Oh, must be an election year. Is it good policy? Heck no. It's garbage policy. And it's so funny because I'm asking these questions about the extent of what the bill does, and most of the answers I get are, well, it doesn't do that. It doesn't do that either. So the bill doesn't do anything? So why are we doing the bill? The real issue here is not public health or vaccines. The debate is not about vaccines, it's about freedom. It's about religious freedom. It's about philosophical freedom. It's about plain old American freedom. The freedom to make decisions about your own life, your own family, your own body. And most of the people that are here watching us, and people that are watching at home, are really concerned because it's also about their right to make decisions for their own children. Before I go any further, I just want to say a quick word about the whole vaccine issue, really. My objection to this bill has nothing to do with my opinion about vaccines. Vaccines have saved countless lives throughout history. That's undeniable. I'm not going to say that I fully endorse the notion of vaccines, though, especially in recent years. I think the COVID vaccine was rushed through. It has been proven repeatedly now to have questionable veracity and the potential for serious, serious damage to some individuals. What we're debating here is something fundamentally different, which is people's ability to make their own determinations themselves in light of the fact that there is a recognized, scientifically documented association between some vaccines, past and present, and certain medical conditions. pg/rr 213 And these new generation of vaccines, mRNA vaccines, for example, the COVID vaccine was developed rapidly, introduced under extraordinary circumstances, to say the least. And of course, accompanied by an insane amount of government force, effectively going beyond simply informing people about what their options are and coercing them into getting a medical treatment that they did not ask for. And I'll just say that for me, I didn't think much about vaccines my whole life. I was vaccinated as a kid, didn't really think about it. I'm 56 years old. I don't know how many vaccines I got, but I got to tell you, in 2021, when I started to learn that people are getting 70 something vaccines, I was starting to shake my head like, gee. And then I started to talk to people about the fact that their kids were harmed in some cases by getting numerous vaccines in a short period of time. Read a couple of books on the subject, particularly about autism. There's a lot of questions there. And even if, even if vaccines were 99.9.9.9999% completely safe, they are not 100% safe. And for anyone to say that you have to do something that is not 100% safe should not be allowed. But we saw all that coercion during the pandemic. People lost jobs, people were excluded from society, people were told that they could not participate in normal daily life kind of things. I wrote down a bunch of examples. I know folks that couldn't get their pediatrician to treat their child because they didn't have the full schedule of vaccines. I know teachers that lost their jobs because they wouldn't get the full array of booster vaccines for COVID. State employees were terminated for not getting the jab. People in the military. My concern about this is because when the government goes from simply informing people about your options to coercing them pg/rr 214 into compliance, once government crosses that line, it fundamentally changes the relationship that we have in this country between citizens and the state, which is what I opened up with. The bottom line also is that if vaccines are actually beneficial, you do not need to mandate them. You don't even need to go through the trouble of making some schedule and overtly encouraging their adoption by the citizens. Trust me when I tell you they will run to go get them. It's like anything. If people truly believed that the vaccine was going to save them during the COVID pandemic, there would be a line out the door to get it. And in some cases, there were. You don't need to go out of your way to create a mandate. I want to confront something a little bit deeper in this debate, something that I have mentioned a number of times in recent days, and that is that we are seeing not just a policy debate. We are seeing an arrogance coming from the Majority Party in the state of Connecticut, an arrogance that says that because they were elected, they now have the authority to tell their neighbors how to live. And that's just not the concept of America. We are not elected to rule over people. We are elected to represent them. We are not here sent to manage people's lives and decide for them what is best for them. We are here sent by them to protect their rights. And when lawmakers pass laws that take away liberty, especially when we're talking about a deeply personal liberty, like control over your own body, those lawmakers are no longer acting as if they are representatives. They're acting out of an extreme level of arrogance that should concern every person in the state. Back in 2021, when I debated this bill, I did a lot of research, the similar bill, frankly, not this bill, but the similar bill about the repeal of the pg/rr 215 religious exemption for children. And what I found was really interesting that in 1959, polio was the big concern. And the legislature met repeatedly to determine exactly how they would react to that. But I was reading through the transcripts, and the one thing that stood out to me was that the conversation among all of the lawmakers was about how certain they were that they had to, above everything else, maintain the religious liberty and autonomy of their constituents. They were afraid. They were actually afraid to pass any kind of legislation that might even hint at running a foul of the personal liberty and the rights of the people they represent. How different it is today where some folks cannot get here fast enough to tell other people how to live their lives? This is not an isolated issue, it's a pattern. On one side, on my side, we believe that people should be able to make their own choices. They should be able to chart their own course. They should choose the best path for themselves. On the other side, it's all about control. Control over employee arrangements, control over housing decisions, control over business, the amount of bills that come through this place regulating all of those things for the benefit of the people. You're denying people freedom every time you put your own stamp of what's best for them, so they can no longer decide for themselves. And, now, we're talking about control over what people can and cannot put into their own bodies. I reject this philosophy out of hand. It is not our role. And I believe that once the government crosses the line, once it claims authority over your body, there is no meaningful limit of freedom left anymore. One thing I said in 2021 that I remembered after looking back at my notes from that was that I pg/rr 216 said at the time that even if they came up with a vaccine for immortality, still up to me, whether I want to take it. That's what freedom means. Not a commissioner that issues directives, but individuals making their own choices. This bill expands power beyond today. Because it's really about what's going to come next. Because once the commissioner defines this standard and that standard automatically flows into the rest of our laws, then future decisions are going to happen. And many of them are going to happen without this legislature, without any debate, without any votes, without accountability to the people. And that's how power expands in our government, quietly, incrementally, and sometimes permanently. And we can take this one step further. By limiting the ability to challenge these policies under religious protections, we are not just expanding power. We are weakening the ability for citizens to defend themselves against that power. And rights that cannot be defended are no longer rights at all. Madam President, I would guess that there are thousands of people that are paying attention to what happens in this Chamber today and this vote on this bill. Most of them are opposed to this legislation. If I had to put a number on it, I'd say 90-plus percent. They are not extremists. They are not unreasonable people. They are parents. They're families. They're citizens, free citizens of our great state, the constitution state. And they are angry that this is happening despite their objections. I think it's also fair to say that a number of them are afraid, not because of vaccines, but because they see their government gaining more and more control over their lives than it should ever have. pg/rr 217 And they're asking a simple question, which is, are we still free in Connecticut? I believe in large measure that really depends on what this body does on this vote and the rest of this legislative session as we decide more and more whether the government is going to have more and more say over the individual decisions that people make, if the majority continues to expand government authority into deeply personal decisions and pass what I consider to be a disgusting and disgraceful bill like this one. If they continue to act like they know better than the people they represent, they are not preserving freedom; they are eroding it piece by piece, bill by bill, and this is one of those bills. I'll just end with a quote that I wrote down, "We were not elected to control our neighbors. We were elected to protect them from government just like this." Thank you, Madam President.
Thank you, sir. Will you remark further on the bill? Will you remark further on the bill? We will stand at ease, and let Senator Perillo get to his seat. Senator Perillo, will you remark on the bill, sir?
Madam President, thank you, and I appreciate your patience for me. This is something we've talked about here in this building for a very long time. We've talked about it for very good reason because it's about people's health. And here in Connecticut, we have prided ourselves for many years on our ability to choose and make choices about our health. We've done that. We've done it well. But we've always done that with the understanding that no one individual had the authority to decide what vaccines we may or must take. No one person. pg/rr 218 And I think that's important. However, we do run the risk here today of eroding that. At the same time, we want to ensure that individuals here in Connecticut are guaranteed to obtain the insurance coverage they need when they need it. So we balance that, right? We want to ensure that we're keeping people healthy. We're allowing them to make the choices they deserve to make. And we want to make sure that they're insured properly, and that they're not unfairly denied access to proper health insurance coverage. We've done that in Connecticut. But I'm concerned very much that in this bill, we compromise that. We do it because in this bill, insurance companies may terminate coverage for individuals who are not vaccinated, who were not met at the new standard of care. This bill does that. And we, as a Senate, have always prided ourselves on ensuring that individuals have access to quality health insurance. We do it all the time. We've done it. We've said it over and over and over. And I think that's important, and we should be proud of that. But this bill flies in the face of that because the bill says, you know what, though, if your vaccinations don't meet the standard of care, your insurance company can choose not to insure you, or can choose to charge you higher premiums. And that's a little shocking to me because it's so inconsistent with all the things that we have done in this Senate to ensure that people have proper care, proper insurance. So Madam President, with that, the clerk is in possession of an amendment. It is LCO 4626. And I ask that he please call it, and I'd be given leave to summarize.
Thank you. Mr. Clerk. pg/rr 219
LCO No. 4626, Senate Amendment "D".
Thank you. Senator Perillo.
Thank you, Madam President. This amendment ensures that insurance companies cannot rescind, cancel, or otherwise terminate coverage solely on the basis that such individual provider has deviated from the standard of care, particularly pertaining to vaccinations, because the underlying bill would permit that. This amendment would prohibit such termination. Madam President, I move adoption.
Thank you. The question is on adoption. Will you remark on the amendment before the Chamber? Senator Anwar.
Thank you, Madam President. I wanted to clarify a couple of things. One is that there's nothing in this bill which would have an impact on the insurance company's choice of patients. So the bill is not in any way impacting the insurance company's capacity to make a difference of restricting a person or increasing the premium. So, that's the part of the bill. But having said that, I have complete recognition and respect of the fact that insurance does not need a bill to find a reason to increase the premiums for individuals, because that's what they have done at times. And I know we all have had experienced some pg/rr 220 of those aspects ourselves, that if you did not have your certain test, then there's going to be a problem and you have to fulfill those. So, I have complete respect and empathy for this. I would say the following, and this is just me speaking, that we have to have a bill together on this topic in future, for sure, to address, make sure that the heavy handedness of the insurance company does not impact us, not only on vaccine, but many other aspects as well. The logistical part of this is that if we passed this amendment, the bill would change, and this is, obviously, a talker bill, as we call it. And going back downstairs, it's going to be next to impossible for this to move forward. So, while emotionally I connect with this amendment, practically, it's going to be logistically a problem, so I would encourage everybody to vote no for this. But I would also say that we have to work on this topic in more depth, and I appreciate the thought process behind this. Thank you, Madam President.
Thank you. Will you remark further? Senator Perillo.
Madam President, thank you. And I appreciate the Senator's remarks and his agreement that this is something we need to tackle. But, Madam President, I believe this is something we need to tackle now. We have pursued issues like this, issues of equity, issues of fairness when it comes to coverage by insurance companies. We have pursued it with vigor in the past, immediacy, illustrating how urgently we believe this needs to be dealt with and how important it is. pg/rr 221 We can do it right now. We can do it today. And I appreciate that we want to take measured steps. I truly do. But if we move this bill forward without these protections contained in this amendment, we do sincerely run the risk of individuals paying higher premiums, losing access to their coverage because their provider hasn't administered vaccines according to the standard of care. And, Madam President, that's just not fair. We don't want to put residents of Connecticut in a situation where they could lose coverage because they don't have the "right vaccinations." We don't want to do that. I don't think anybody in this circle wants to do that. This amendment helps to fix it. It solves that problem. It eliminates that risk. So, Madam President, I strongly urge, and again, I respect the gentleman's points here, but I strongly urge that we pass this amendment now to ensure that if and when this bill passes, residents are protected, and residents do not have to experience the hardship of losing their insurance coverage just because they don't have certain vaccines. And, Madam President, I would ask that when the vote be taken, it'd be taken by roll.
Thank you. We will have a roll call vote. Will you remark on the amendment before the Chamber? Senator Martin.
Yes. Thank you, Madam President. I rise just to express my concern as well, and maybe the good Senator of the Amendment could probably elaborate just a little bit more on his fear, because he just raised my peak of interest regarding this. I had to step outside and just came in and heard the back end of his summary here. So through you, Madam pg/rr 222 President, maybe he could explain the fear that you have a little bit more. Thank you.
Thank you. Senator Anwar. Oh, I do apologize. That's unusual. Senator Perillo. Sorry about that.
Thank you, Madam President. I appreciate and I appreciate the Senator's question. So my fear is this, the bill establishes a new standard of care related specifically to vaccinations. And we have seen instances in the past where insurance companies make decisions based upon whether or not their members meet certain guidelines, meet certain benchmarks, do certain things to keep themselves healthy. We have it in our own state insurance, right? We have the Health Enhancement Plan where you have to do certain things. You have to go to the doctor every year. You have to get this exam by this age. You have to go to the eye doctor. You got to go to the dentist twice a year. So, those are things that an insurance company can actually use against you if you don't do them. What the amendment here does is it ensures that insurance companies cannot penalize their members because they haven't gotten the specific vaccinations in the so-called standard of care. So it's really a protection for insured individuals to make sure that they don't lose coverage or have to pay higher premiums.
Thank you. Senator Martin. pg/rr 223
Thank you, Madam President. It makes a lot of sense to me that we should be, aggressive is probably too strong of a word, but I think raising that concern and addressing that concern now rather than later because of the process itself of us having to go through next year or the year after. I think it's important for us to address that now because without a doubt, if there's an opportunity to limit their risk, the insurance companies, they will definitely use it to their advantage rather than just allow it to continue without it being addressed. So, Madam President, I am in full favor of this amendment, and I will be voting for it. Thank you.
Thank you, Senator Martin. Will you remark further on the amendment? Senator Anwar.
Thank you, Madam President. Madam President, I rise again to make a couple of comments and, again, wanted to thank my colleague for proposing this amendment. It's important to recognize that the CDC does not have mandates. The CDC has their own recommendations, which is the standard of care. They actually use the term standard of care as well. So, if the CDC recommends things based on standard of care which has been there for a long time, the people who have not followed those standard of care have not lost their insurance. Their insurance premium has not gone up. That's important to note because for all these decades, that's not happened. And even in this situation, the likelihood of that happening is extremely low, but we have all low grade PTSD from insurance companies. pg/rr 224 So, that's why I recognize where it's coming from, and that's why I feel it's worthy to have further exploration at a later time. Today, I would just ask my colleagues to vote no because of the logistical part of it. Thank you, Madam President.
Thank you. Will you remark on the amendment before the Chamber? Senator Martin.
Yes. Thank you, Madam President. Just to follow-up a little bit with Senator Anwar, I'm a little confused. It seems to me that the bill is we're bifurcating ourselves from the CDC with some of the language that we've proposed here on this bill. Now I'm a little bit confused as to if what we're doing is -- why would you object to this in particular? I don't understand it. Through you, Madam President.
Thank you. Senator Anwar.
Madam President, so I guess we are talking about the amendment, but I made a comment, so I guess that's the question. So usually, we'd pass the amendment and have the question, but I'll move forward again. We are not bifurcating from CDC by any stretch. This bill is saying that we are going beyond CDC. So, because of the recent changes at the CDC and the ACIP, we are saying we are going to follow their guidelines, but we'll add other organizations to include in those guidelines. So the CDC, when they work on this, they call this as a standard of care. We, in this bill, are calling the standard of care. pg/rr 225 That's what the CDC does, and that's what we are doing. But we are giving broader guideline to the commissioner to make those decisions in that situation. So, it's not a bifurcation. It's actually enhancement and protection because of the pattern that we have already seen, and multiple other states are doing the same thing because of what they have heard the people speak who are making those decisions. I hope that clarifies that aspect. Thank you.
Thank you. Senator Martin.
Thank you, Madam President. We can move along with the vote of the amendment. Thank you.
Thank you. Will you remark further on the amendment? If not, will you remark further? The machine is open. Mr. Clerk, please announce the vote.
An immediate roll call vote has been ordered in the is not the bill. This is Senate Amendment "D" substitute for H.B. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. This is not the bill. An immediate roll call vote has been ordered in the on Senate Amendment "D" substitute for H.B. No. 5044
Have all the Senators voted? Have all the Senators pg/rr 226 voted? The machine is locked. Mr. Clerk, the tally, please.
Total number Voting 32 Total voting Yea 11 Total voting Nay 21 Absent and not voting 4
Thank you. Amendment fails. Senator Perillo.
Madam President, thank you. One of the things, and again, along the same lines is what I just said. We have taken a strong stand here in Connecticut that individuals shouldn't be treated differently from one another for arbitrary reasons. We have made it very clear to the residents of Connecticut, we do not tolerate discrimination of any kind. And I think we have an opportunity to extend that even further into individuals' health care and the choices they make in receiving that care. And we've heard many, many stories, especially in the heart of COVID, where employees who chose not to be vaccinated were discriminated against in some way. They were treated with some sort of adverse action. In some cases, termination was threatened. In some cases, termination was executed, simply because an individual chose not to receive a vaccine. And I think even if you are a strong proponent of vaccination, regardless of your position on being vaccinated or not, I don't think anybody wants to see an employee treated poorly because they've chosen not to be vaccinated. pg/rr 227 We have an opportunity to address that right here and right now. We can add that protection into this bill. And I would like to try and do that, Madam President. So, with that in mind, the clerk is in possession of another amendment. It is LCO 4625. I ask that he please call it, and I'd be given leave to summarize.
Thank you. Mr. clerk.
LCO No. 4625, Senate Amendment "E".
Senator Perillo.
Madam President, thank you. This amendment ensures that no employer shall discharge or, in any way, retaliate, discriminate, or take any adverse action to an employee who does not receive vaccines that are part of the recommended schedules in the standard of care. Madam President, I move adoption. I ask that when the vote be taken, it be taken by roll.
Thank you. The question is on adoption, and we will have a roll call vote when we do that. Will you remark on the amendment? Senator Anwar.
Thank you, Madam President. Madam President, I wanted to thank my colleague for putting forward pg/rr 228 this amendment. I think, and I heard earlier Senator Sampson have similar concerns that he had brought forward as well about, during the pandemic, how many people were treated, how they felt. And at that time, there's no textbook that we knew from the past 100 years when we had a pandemic before. So, a number of things, if we were to go back in time, we would do them very differently. But this is the remnant of what people experienced, and that's why sometimes you're trying to have a way of protecting individuals, protecting the employees. There's nothing in this bill that actually has an impact to the employees in any shape or form. So, this would, again, be one of the situations where it is well-intentioned. It's a very reasonable amendment, but the logistics of it would make this negatively impact the bill. And so with respect, I would just say that we should just vote no for this amendment. Thank you, Madam President.
Thank you, Senator Anwar. Senator Perillo.
Madam President, thank you. And I appreciate again the Senator's remarks and his support and concept of what's here before us. But I have to be honest, I don't think that concern about changing the bill here and sending it back down to the House really holds water, because we do have time. It's the 23rd. There are many days left before us, and we make crazy things happen on very short notice. We do emergency certified stuff all the time that probably doesn't even need it. We can move this bill. We can do it right. We can insert the protections provided in this amendment, and we can make it happen. So I would hate to miss an pg/rr 229 opportunity to do that right here and right now. And again, to the Senator's point, there is nothing in the bill that states discrimination is permissible. But there's nothing in the bill that prevents it. And we have an opportunity to prevent it today. We have an opportunity to take a stand say, employer, no. You cannot mistreat your employee because they've made a choice about their own health care. We have a chance to do it. I would urge us to do it. And I would urge adoption. Thank you, Madam President.
Will you remark further? Will you remark further? If not, a roll call vote is ordered.
An immediate roll call vote has been ordered in the substitute for H.B. No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. This is not the bill. We are now voting on Senate Amendment "E" of H.B. No. 5044. This is Senate Amendment "E" of H.B. No. 5044. An immediate roll call vote has been ordered in the Senate. We're on Senate Amendment "E" of H.B. No. 5044.
Have all the Members voted? If all the Members have voted, the machines will be locked. And would the clerk please announce the tally?
Total number Voting 32 Total voting Yea 11 pg/rr 230 Total voting Nay 21 Absent and not voting 4
The amendment fails. Sorry. Will you remark further on the bill? Senator Perillo.
Thank you, Madam President. Just a few final thoughts on this. In 1993, we, as a state, took a stand on religious rights. We stated very clearly that nothing we did could infringe upon freedom of religion. We made that extraordinarily clear in 1993. But today, we're saying, except for vaccines. I think there's an intellectual inconsistency in that. I think religious freedom and protection of it is protection of it, period. And this bill does the exact opposite. And I think that's a shame, Madam President, because we're either going to be intellectually honest or we're not. In this case, we are not. We are not consistent. We are not not following through on our what we purport our belief to be about freedom of religion. And that's a failure here today. And with all due respect to the Senator and all those who've worked very hard in this bill, they believe in it, and I truly respect that, I do think we have to acknowledge that we are infringing on people's religious rights. We simply are doing that. And let's just acknowledge it and admit it and vote the way we want to vote, but let's not kid ourselves and fool ourselves into thinking that we're not doing that. Let's not pretend we're not infringing on people's religious freedoms, because we are, and that's a shame. So I'm not going to be supporting this bill today for many reasons, but perhaps that's the most pg/rr 231 prominent for me in my head and in my heart. Because we're really failing in that regard. We're failing when it comes to leading, when it comes to freedom. And that's a shame. And I know there are others who want to say a few things, so, Madam President, I'll conclude my time. Thank you very much. It's good to see you up there, by the way.
Thank you. Will you remark further on the bill? Senator Sampson.
For the recognition, Madam President, good seeing you up there. When I was speaking earlier, I was intending on offering an amendment, and I concluded my remarks and realized that I hadn't gotten the chance to do that. So, I am back just to say a couple of quick words. I think that the thesis of my commentary earlier was really about the decision that we're going to make today, that we often make in this Chamber, which is about how we want our government to operate. Do we want our government to be dictating what our lives look like and what decisions we're allowed to make as free citizens? Or are we going to be free people who make our own choices, decide our own fate? That's really the bottom line. So, earlier, when we were sitting around in the Minority Caucus room, discussing what kind of amendments we might run, I chose one that I thought kind of boiled it down to a very simple choice of what policy we should have when it comes to vaccinations in Connecticut. There's the policy that the Majority has been working on incrementally, considering what happened in 2021 with the removal of the religious exemption for children, and today with this expansion in the pg/rr 232 standard of care, which I believe will ultimately lead to a mandate on even adults in the state. And my view, which is that free people in the state of Connecticut should be able to make up their own mind, period. And there are states that have different types of policies on this. Some states have religious exemptions. Some have philosophical exemptions. In fact, I think that Connecticut is one of only four states that actually doesn't offer a religious exemption. So, what we have in Connecticut is an unbelievable level of control from our state government on the ability of individuals to exercise their religious freedom in medical decisions. For me, I don't think you even should have to declare a reason. I don't think you should have to declare that it's part of your religion, or your philosophy of life, just simply that you're a free citizen, damn it. And it's my choice what goes into my body. So, with that, Madam President, I have an amendment. It is LCO 4630. I ask that the clerk call this amendment, and I'd be given leave of the Chamber to summarize.
The question is on adoption. Will you remark? Oh, sorry.
LCO No. 4630, Senate Amendment "F".
The question is on adoption. Will you remark?
Thank you very much, Madam President. I will remark. pg/rr 233 I will move adoption. I will ask for a roll call vote. And I will just simply state that this amendment, very simply, would replace everything that's in our current statute regarding the requirements for a citizen to deny the mandate requirement of a vaccine by simply stating that it is contrary to his or her personal beliefs. And that would apply to adults, to children, to everyone. So, this is a very simple amendment, folks. It's either you want the government to decide how you live, how your family lives, whether your child gets a vaccine or not, or you do. It's a freedom amendment, for lack of a better term. We're going to live free, or the government's going to tell you what to do. A yes vote is for freedom. I encourage my colleagues to vote yes.
Will you remark? Senator Gordon.
Thank you, Madam President. And I just want to support this amendment. There are many times when I stand up for amendments and say it's common sense. This is common sense. As my good colleague said, this is a freedom of amendment. We've heard a lot of discussion here today that this is not about public health, that the real issue at hand is making certain we're standing up for and defending people's rights to decide for themselves in a free society. And this country was founded on that, and for 250 years, people have defended that. This amendment is something that Connecticut does not have now, and in fact, is in a very small minority of states that does not have a religious exemption and/or a personal/philosophical exemption. Vast majority, overwhelmingly vast majority of states in this country have an exemption to some degree or other. pg/rr 234 Why? Because number one, the people of those states don't want to be told by their government, micromanage how to live their lives and raise their kids. They're law-abiding, they pay their taxes. They work hard. They want a fair deal, and they speak with their elected officials on those states. And the legislators in those states listen to their constituents and don't put in various exemptions that their constituents don't want. So, we should bring Connecticut within the huge majority of states that recognize what a free society is, an individual decision making is. And this amendment will restore that to me, that common sense. So I urge my colleagues to support this amendment. It's a very good one, and it doesn't at all do anything that will hurt public health, but it does very much to restore what I believe is people's ability to decide for themselves as law-abiding adults and law-abiding parents. Thank you, Madam President.
Thank you, Senator Gordon. Senator Anwar.
Thank you, Madam President. Madam President, I rise to make a few comments. I think it's an important opportunity to illustrate an important issue. Now, we are going back to 2021 partially through this amendment. I want to try to share a story about one of my patients to illustrate something that I hope it would make sense to some of my colleagues. A few months ago, I saw this woman in her 70s, and she had a lung cancer. She had never smoked in her life, and I was trying to understand what happened. And in her case, for the past 50 some years, she was married to the gentleman who would smoke in front of pg/rr 235 her. And I said, why didn't you stop him from smoking? She said, well, he felt it was his right to do that. And it was his right to do that was fair, but what he was doing was from a secondhand smoking, he basically killed his wife. She's going to die, unfortunately. And that's a problem because you have your responsibilities, you have your rights, as long as they are not harming somebody else. And that's what the public health mindset comes from as well. While an individual has every right, and to be able to have whatever they decide, as soon as their decision is going to harm somebody else, that becomes a different issue. And that was the case that I wanted to illustrate because that's how we have to have a public health mindset in some situations. It makes perfect sense when you look at this, but the issue that is what in front of us is exactly what we had in 2021. When somebody is not vaccinated and they get an infection, they are spreading the infection to the others. And to illustrate again the issue that the fact that we are vaccinated when measles came to our state, measles had to leave. As opposed to other states, measles tends to stay and spread to everybody else who's not vaccinated. So, Madam President, I respect the intention, I respect the perspective, but I would urge my colleagues to vote no as a bigger issue is to be looked at. Thank you.
Thank you. A roll call vote will be ordered. Will you remark further? If not, would the clerk please announce a roll call vote? And the machine will be opened.
pg/rr 236 An immediate roll call vote has been ordered in the is not the bill. We're voting on Senate Amendment "F", substitute for H.B. No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. An immediate roll call vote has been ordered in the No. 5044. We're voting on the amendment. This is
Have all the Members voted? If all the Members have voted, the machine will be locked. Will the clerk please announce the tally?
Total number Voting 32 Total voting Yea 11 Total voting Nay 21 Absent and not voting 4
The amendment fails. Will you remark further? Senator Fazio.
Thank you, Madam President. I rise today in strong opposition of this bill and in defense of personal freedom, religious freedom, and against the unnecessary concentration of power in our state government. This proposal today is a solution in search of a problem, highly politicized and entirely unnecessary. It doesn't and isn't necessary to achieve valid public health goals. And in the process, it pg/rr 237 undermines our basic freedoms as American citizens, as Connecticut residents. That should never be in question in the constitution state. In the introduction of this legislation, justification was discussed that because of decisions being made in our federal government, that this proposal is necessary. I do not think that logic follows, but it is one of the reasons I would rise to ask a question or two of my good colleague and the proponent of the legislation. Is the main justification of this legislation, as I heard in your introductory remarks, decisions or potential decisions that will be made in our federal government, whether HHS or the CDC, and changes to what would be called either the standard of care or vaccination recommendations being made there? Through you, Madam President.
Senator Anwar.
Thank you, Madam President. Thank you for my colleague for this important question. That's one of them. There are two broad categories. This is one of the categories where we've already seen a decision on Hepatitis B, but there's conversation on multiple other vaccines. And the people who are on the ACIP group, they have already made statements that are quite concerning to everyone. And because of Hepatitis B issue and then potentially other vaccines that we are looking at, this is an opportunity to make sure that we are able to buy the vaccines should there be a situation that develops. So that's one big part of it, and the other one is the RFRA law that's separate from this concern. Thank you. Through you, Madam President. pg/rr 238
Senator Fazio.
Thank you, Senator, and thank you, Madam President. So, if there is concerns about specific decisions about specific vaccines, like Hepatitis B, securing the vaccines themselves, why not make the legislation very specific to maintaining the current, "standard of care" buying specific vaccinations rather than expanding power, expanding the purview of our state regulation and state law? For instance, changing the standard of care in the law from just applying to children to the broad population, creating new emergency powers for the governor, among other expansions of state power? Through you, Madam President.
Senator Anwar.
Thank you, Madam President. It's a very fair question. The rationale for this broadening is because we do not meet on a regular basis. We know which the direction is. This is the time to strategize, to get ready to be able to buy the vaccines should we be able to buy it. There's a weakness in our existing law that would restrict us to only buying from CDC or through the federal government. So, in order to be able to address that, we need to fix this right now so that we can actually buy those things. Moreover, it was important that we, at least in our legislative language, just had a requirement that we'd only hear from ACIP and CDC. And right pg/rr 239 now, if we would not change this, while they are not mandates, we want to make sure that we have the option of looking at other professional organizations who have been decades of experience, over 100 years for American Academy of Pediatrics, they would make recommendations. So, this allows us to be prepared to look at broader guidelines rather than just the ones from ACIP and CDC. So, this was a weakness in our existing legislation that we are trying to fix at the same time because when the legislation was written, we had never imagined to see what has happened at the national level. So now we have seen what has happened, so we are trying to make sure that we are protecting in advance because we've already seen the first few steps that have happened. Through you.
Thank you, Senator Anwar. Senator Fazio.
Thank you, Madam President. Thank you, Senator, for your answer. And so, whether or not I would agree with the rationale on that, that would make sense as to broadening the justification for the existing standard of care which is an early part of the bill through the state health commissioner. It would make sense for purchasing of vaccinations for Connecticut, but much of the rest of the bill, it wouldn't apply. Certainly, we've seen outside of this legislative session and within this legislation that our state has been very willing to meet on an emergency basis without public hearings at the drop of a hat to pass legislation if an issue arises, and that's always the case with our state government. pg/rr 240 But if the stated concern, again, is that we maintain the existing "standard of care" vaccine schedule, if we purchase vaccines as inventory for the state, why would we also have such an expansionary piece of legislation that includes, for instance, changing the standard of care from applying to children who go to public schools to a very broad categorization of all residents in Connecticut, possibly applying to all adults, all residents, whether it's in their place of employment, nursing homes with their insurance, etc., etc? You probably would not, for instance, see the opposition, see kind of the fraught nature of this debate if it was narrowed to just those two issues as you set out to address. Through you, Madam President.
Senator Anwar.
Thank you, Madam President. It's very clear that the vaccine issue is a very emotional issue for a lot of people. There are concerns. There's recent post- pandemic or intra-pandemic experience that people have had that has raised a lot of concerns around how things are managed. One of the reason was to be able to address these aspects. So, to do it in a manner where it's in the session, but also do it with a public hearing. Now, with multiple states that have had public hearings, the longest public hearing in the entire United States was in the state of Connecticut. Despite some of the complaints that people have, in the entire United States, wherever vaccines were pg/rr 241
Discuss the longest public hearing was in Connecticut. We wanted to make sure that there was a public hearing. We did not have to do this in an emergency. But also ACIP and CDC foresee and make regulations on all age groups. They do not necessarily do it for children. They do it for everybody else as well. So, it was very clear the direction that people were moving in, the statements that they had made. So, you look at the members of ACIP that have been appointed by RFK who actually made the statement that they don't understand immunology and they don't understand vaccine, but they are sitting making that guideline. The other person made the statement that COVID vaccine gave AIDS to people, which when you hear the perspective and the capacity of the individual sitting there, you have to prevent a human made disaster to the best that you can. And then that's one of the aspects. It had already started. It started to show. Thankfully, the courts have intervened for the time being. We probably may hear more about the changes that are there. With respect to the insurance part, we had to cover that as well. The reason being that the insurance would find a reason not to cover something. But they have been excellent partners in our state, and they're willing to work with the standard of care to be able to follow the insurance coverage for our patients. So, that was some of the other parts to that reason on the rationale. Thank you for your question. Through you, Madam President.
Senator Fazio. pg/rr 242
Thank you, Madam President. Thank you, Senator, for the dialogue. I don't think I'm satisfied with the rationale. Again, if we wanted to grandfather the existing standard of care because of the concerns about decisions made, if we wanted to broaden the authorities on which the health commissioner could rule, if we wanted to expand our purchasing of certain vaccinations for public availability, I would understand the rationale. I might not vote for the bill, but I would understand. But more broadly applying the standard of care, potentially catching up all adults, all residents in the State of Connecticut, giving the Governor special emergency powers and the ability to declare emergency powers on his own or her own, among other regulations, seems far afield from those justifications that were set out in the beginning. For now, I think I have completed the questions I would like to ask of the good Senator. Unfortunately, I was not satisfied with the explanations. You know, I remember the old quotation, never let a good crisis go to waste. I think that when there is a controversy at hand, that too often government uses it and members of government use it as a pretext for expanding and concentrating power in ways that they always wanted to, and to make every citizen and conscientious objector break to the saddle of government and its desires. I do not think that that is how we should govern and how we should lead in a great state with a great history of freedom in this country. I have great concerns about this legislation today for any number of reasons. I believe that we can protect the public health and preserve personal freedom, and that preserving personal freedom goes hand in hand with pg/rr 243 protecting the public health. They are not actually in opposition. And imposing more controls and more mandates on individuals across our state will actually do harm across all dimensions. The only thing that it will accomplish is the desires of many in government to impose decisions on so many who do not see life their way. Giving the commissioner of health new and broader discretion will obviously concentrate more power in a single individual, an appointed health commissioner. I have heard that under present law, that the health commissioner could be interpreted to already having fairly broad powers over what can be considered as part of the vaccination schedule or the standard of care. If that is the case already in current law, then even under the rationale of the proponents of the legislation, this section of the bill would not be necessary. I remain concerned that explicitly broadening the powers of one individual in this state over health decisions for so many is a bad precedent. But at least if that was the sole justification, the sole purpose of the law, we probably would be having a less fraught debate today. Giving so much or so much more power to a single individual is likely to result in unforeseen consequences that will come into the future. The individual making those decisions will not always be that individual whom you envisioned from the onset. It will not always end up exactly how the proponents of the legislation intended. It was very curious and surprising, and concerning, that minors or children who were the under existing law, the area of cognizance for the standard of care for the vaccination schedule would now be expanded pg/rr 244 to all residents under this proposal, potentially catching up millions and millions of Connecticut residents under the mandates of the state government. We saw during COVID all the mistakes that were made by government at the federal and the state level, and how it ruined people's lives and ruined people's livelihoods. People had their jobs and their sources of income taken from them for reasons and decisions that months or years later, most people recognize were mistaken, or at least overreach. This could mean, as I read it, any number of things, any number of potential consequences for regular people in their daily lives, significantly disrupting their livelihoods and their lives here in our great state. It could mean that people in state government work could be subject to new mandates and standards that if they do not comply, they could lose their jobs. It could mean local government employees, including teachers, losing their jobs. It could mean that people even working at private companies, if they have any sort of contract or work with government, could be in jeopardy as well. I'm concerned that students going to university or college in this state, people with insurance coverage in this state could potentially have consequences for themselves, for their lives in Connecticut. These people deserve protection and consideration, just like everybody else. Just because they are conscientious objectors shouldn't mean that they should now fear potential loss of their income, their jobs, their educational opportunities, their ability to reside in a nursing home, or other sorts of residences. It is yet to be seen exactly what the consequences of this section of the bill will be in reality, but pg/rr 245 it is not a far conclusion that changing the regulation from minors and applying it mostly to public schools, to all residents, could have the potential of negative consequences for adults, for seniors, in the workplace, in their healthcare and insurance, in their areas of residence, and so much more. I have difficulty understanding what the potential benefits or purposes of this regulation would be otherwise. The upside is difficult to see. It's not obvious. But the downside is enormous. To individuals who we represent, who we should all care about, who we should all want to see succeed and remain in our great state, the downside could be almost everything. They could lose everything. Many people here did lose so much during that hour of pandemic and government overreach. It shouldn't be the standard that we set going forward. We should learn from our mistakes as a state government, as a state, and as a nation, and correct them. We should not be doubling down on those mistakes of the recent past. My memory is not so long, and ours are so short, and ours in this state government should not be so short. It was referenced before that mistakes were made. Excessive intervention, excessive elimination of people's personal freedoms during the COVID pandemic. They were more than just minor mistakes. Government makes mistakes. We all make mistakes. These were historic errors. Historic errors that took away people's livelihoods, destroyed their small businesses, that jeopardized their mental health, that took lives from loneliness and depression, that potentially caught up an entire generation in lost learning, in lost socialization, in lost development. pg/rr 246 The consequences of these highly interventionist denials of people's freedoms during the pandemic should be a lesson that we heed, not a lesson that we double down on in our state. Again, we can protect the public health, public safety, and protect people's personal freedoms. It has worked historically in Connecticut, and it should continue to work in Connecticut. Likewise, giving the ability to the Governor himself to declare a statewide public health emergency and act in a unilateral fashion for any number of reasons and in any number of ways is a violation of our own identity as a state in Connecticut, the constitution state. Constitutions imply that there are checks on the power of government, and especially checks on the executive branch. Maybe to put it more colloquially, no kings. We should not be acting as a constitution state to concentrate powers in a single individual like this as a matter of course. Even during the pandemic, my very first vote in this Senate was to extend or not extend the emergency powers of the Governor. But there was a vote of the legislature to do that. As adamantly opposed as I was to it, there was a vote. And there were repeated votes to extend that power for a couple of years; longer than it should have been, more power than it ever should have been. But there was a vote, and there was repeated votes. Here, we would just be casting one vote as a legislature to surrender even more of our powers to a Governor who could unilaterally declare an emergency. Again, never let a crisis go to waste. To act without checks or without sufficient checks from a legislature that should always exist, and that regularly exists. That is deeply troubling. It is deeply troubling. We should not be concentrating powers. We should, in fact, have no kings. pg/rr 247 The policy interventions, the justification for them, the public health justification for them, I do not think align with the actual policy presented in this legislation. For major diseases and vaccinations, we have well above herd immunity, and we have always had well above herd immunity, even with allowing conscientious objectors for religious reasons, for philosophical reasons, for personal reasons, not to vaccinate. For measles, we have a vaccination rate of 98% in Connecticut. Very important, very good. Herd immunity is considered around 95%. And we have always had well above the herd immunity level before we eliminated the religious exemption, before we took away more personal discretion. For polio, we have a 98% vaccination rate. The herd immunity rate is 80%. That is great, and that was always the case before we took away the religious exemption and discretion. For Hib, likewise, 99% vaccination rate. Herd immunity, 70 or 80%. That is excellent. And that was always the case well before we took away more personal discretion and the religious exemption. So, Connecticut has vaccination levels well above the national average. In so many departments, well above the required percentages for herd immunity. And we have always been that way as a state, and we have always been that way even when we had a religious exemption, we had discretion for individuals to choose how they should treat themselves and their families. It is almost as if persuasion and freedom works better than government force. What period did we see a decline in vaccination levels across different treatments? It was during COVID. First of all, because we closed down so many doctors' offices and ways to access medical treatment. That had any number of deleterious health pg/rr 248 effects, yes. But also, because the imposition of so much more force on people's personal choices actually generated more skepticism than trust in government in these directions. So many of the great vaccinations like measles, the measles vaccine, the polio vaccine, they were proven to work and have positive health consequences to the public, and the rates at which we vaccinated here in Connecticut were extraordinarily high because people chose to do it, because people saw the benefits. It is when government consolidated more power and imposed more and more of their force on individual decision making that we actually have seen trust decline. This is why I say that personal freedom and persuasion works hand in hand with public health. They're not in opposition. And I think that those who might vote with good intentions today in favor of this legislation, which is so flawed, they might come to regret their vote because this will only generate more distrust in the public for authority, and for these guidances that are being set out. If it's so good, why do you have to force so many to do it, who do not otherwise feel inclined to do so? Let's not generate distrust in government. Let's have government do its basic job well, and that is how you actually generate more trust in our institutions in our country. It is no surprise that as government in Connecticut and government elsewhere has become more and more powerful and asserted more and more force over the population, that you've seen distrust in our institutions and our government and our leaders rise. When we do a few things well and effectively, we will see more trust. I think we will see more comedy in our country, in our state, and in our government. Religious liberty is a basic tenet of our country and our state. It's written into the very first pg/rr 249 amendment of our US Constitution. It's written into our state constitution. It was, in fact, even before then, a reason for settlers to come to the colonies, especially in New England. And it's a tradition that we should protect and embrace in our country. So much so that in the 1990s, a set of prominent Democrats with Republicans in Congress, including a man named Chuck Schumer, authored the Religious Freedom Restoration Act. They authored it in order to protect Native American tribes who had deeply held beliefs against laws prohibiting use of certain substances. And so, Schumer and others in both parties set out to pass in bipartisan fashion the Religious Freedom Restoration Act. The State of Connecticut acted in concert, passing its own Religious Freedom Restoration Act in 1993. What that law says is that the state can undermine deeply held religious beliefs only in very, very unusual, rare circumstances where the public interest is so enormous, and where the measure undertaken by the government is the least restrictive option. That seems like a good balance of the different considerations. None of us should be extremists or radicals in government. We should all understand that anyone and any policy can go too far. You need balance. You need to balance public interest, sometimes with certain rights. Rights should come first, but there are some cases where government needs to act. And so, the Religious Freedom Restoration Act was passed on a bipartisan basis at the federal level and the state level. And it was done so for the hard cases. It was done so to protect minority beliefs. It was done so to protect the unpopular beliefs, not the popular beliefs. Freedom does not exist. Our individual rights are not written into our pg/rr 250 constitutions in order to protect the majorities, in order to protect those who are popular. It is and exists because we must write it there to guide ourselves in the future, and protect those who are unpopular, who are minorities. That is what freedom exists for. And that's why we set out in our laws, in our constitutions, for ourselves in the future, for our posterity, that they remember these values are important. And even when momentary temptation says otherwise, that we do not violate people's freedoms and rights, and deeply held beliefs. And if we are ever to do so, it must be in the least restrictive fashion, and for the highest level of public interest and concern. That's exactly what RFRA said. And it should not be something we reverse course on today. This legislation that turns back RFRA in the State of Connecticut is not adequately justified. The fact that it is retroactive and specific to the standard of medical care discussed in this bill kind of gives away the problems with it. It's not broad based. It's not saying the principle is wrong. It's saying that we're going to violate our principles because we want to, because we feel like it in this case. The US Constitution also talks about the fact that there should not be ex post facto laws. Those are criminal laws that look back in the past and assign a crime to an activity that wasn't a crime at the time. For criminal law, that's very important to write into a constitution. It's not written into the US Constitution for civil or other types of laws, but the principle exists that law and lawmaking and legislating is prospective. Because it's fair that you set out the standard everyone agrees on or the majority agrees on now, and that people have an opportunity to know about it and obey it into the future. It gives the law more pg/rr 251 weight. It gives the policy more weight. That it's for everything going forward, and we are not going to unfairly impose on people retroactively for actions that were already undertaken, and that were understood to be valid when they were taken. Here we are saying retroactively that your freedoms, which were guaranteed, which were written into our law, we had a religious exemption, that retroactively those freedoms aren't valid. As a resident of Connecticut, as someone who might move to Connecticut, what would you think when we start retroactively taking away rights? What should I think about my rights today and exercising them? What if tomorrow this state starts eroding more and more of them retroactively? Does that mean we should be calling into question all our rights today because tomorrow they might be taken away? It raises a significant concern. It's why freedom is supposed to be across the board. It's why rights are supposed to be across the board, because it's too tempting to take it away when it's popular. It's too tempting to take away when it's popular. Our framers, our founders understood that. The founders of our state and the past leaders of our state understood that, including as recently as the 1990s. Only five states in our country do not have a philosophical or a religious exemption for vaccination schedules. California, Connecticut, Maine, New York, West Virginia. Beautiful states, many poorly run. Very unfortunate that we are in a minority of just five states. And yet, even then, even though we are currently in a minority of five states, we still don't believe that our government has intervened enough. We still don't believe our government has violated enough individual liberty in our state. Even though we are one of just five currently, we do not think the state government is powerful enough. pg/rr 252 Come on. Give me a break. I truly believe that we can protect the public health, that we can make these vaccinations widely available, easily accessible to everyone in this state. That if there is a problem elsewhere, that we can react to it directly. And at the same time, protect people's deeply held beliefs, their religious beliefs, their personal liberty, their medical liberty. And that persuasion and freedom go hand in hand with the public interest and the public health. This standard that we are passing today, this concentration of power that we are advancing today, will in the long run undermine the public health in addition to personal liberty. Madam President, I would at least like to attempt to make the proposal better. I believe that there will be well meaning people voting in favor of it today. I would like to attempt to amend it and make it better. Madam President, the Clerk is in possession of a few amendments that I would like to introduce in that endeavor. The first is LCO No. 4624, and I would ask the Clerk to please call that amendment.
LCO 4624, Senate Amendment "G".
The question is on adoption. Will you remark?
Thank you, Madam President. I move adoption of the amendment, waive the reading, and seek leave to summarize. pg/rr 253
Please summarize.
Thank you, Madam President. This amendment would simply remove the date that makes the change to the Religious Freedom Restoration Act retroactive. We want to change the RFRA in the state. We want to constrict religious freedoms in the state. I don't like that. So be it. But let's not make it retroactive. Let's not go back in the past and penalize people for exercising their rights that were recognized in the law retroactively. It's a simple concept. It's fair. I don't think this state legislature should be unfairly putting its thumb on the scale of a lawsuit where the people fighting for their own rights are clearly winning. It's a simple policy. It's fair. I would urge adoption. And when the vote is taken, I would ask that it be taken by roll. Thank you, Madam President.
A roll call vote will be ordered. Will you remark further? Senator Anwar.
Thank you, Madam President. Madam President, I would urge my colleagues to vote no. I've already explain the rationale and the reasoning in the beginning of my conversation. Thank you.
Thank you. Will you remark further? If not, the Clerk please announce the roll call vote. The machine will be opened. pg/rr 254
Immediate role call vote has been ordered in the the Senate. We're voting on Senate Amendment "G", House Bill No. 5044. This is not the bill. We're voting on the amendment. This is Amendment "G" of VACCINE STANDARDS. An immediate roll call vote in the Senate.
Have all the members voted? If all the members have voted, the machines will be locked. Will the Clerk please announce the tally?
Total number voting 33 Total voting Yea 11 Total voting Nay 22 Absent not voting 3
The amendment fails. Will you remark further?
Yes, Madam President. Madam President, the Clerk is also in possession of another amendment that I wish to call, LCO No. 4628. I would ask the Clerk to please call that amendment.
LCO No. 4628, Senate Amendment "H". pg/rr 255
The question is on adoption. Will you remark?
Thank you, Madam President. I move adoption of the amendment, waive the reading, and seek leave to summarize.
Please summarize.
Thank you, Madam President. This amendment would do something similar. It would restore the religious exemption here in Connecticut on the vaccination schedule. The system in Connecticut for many years worked well. There was a religious exemption. We only, in the last several years, joined just four other states with no philosophical or religious exemption to make us one of the least free states in the country in this area of policy. Our vaccination rates were among the highest in the country before we adopted this policy, taking away the religious exemption. And now, I think we only see more skepticism and concern and distrust of government because of it without any public health benefit. Let's go back to how it was in Connecticut, where there was religious liberty and conscientious objection recognized by the state. There was not a public health crisis then. There was personal liberty. There was the recognition of religious objectors. And there was no crisis to find because of it. This amendment would do just that. It would restore the religious exemption, how it long was, how it should be, and how it is in most places in the country, blue states and red states for that pg/rr 256 matter. I would urge adoption from my colleagues. And when the vote is taken, I would urge that it be taken by roll call vote. Thank you, Madam President.
We will have a roll call vote, sir. Will you remark further on the amendment. Senator Anwar.
Thank you, Madam President. I wanted to thank my colleague for proposing this amendment. This brings us back to 2021. I think that's something that's a policy difference between the two parties, and I would urge my colleagues to vote no. Thank you.
Thank you. Will your mark on the amendment? Will your remark on the amendment? If not, the machine is open. Mr. Clerk, please announce the roll call vote.
An immediate roll call vote has been ordered in the is Senate Amendment "H" of House Bill No. 5044. This is not the bill. We're voting on Senate Amendment "H" of House Bill No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. An immediate roll call vote has been ordered in the Senate on Senate Amendment "H" of House Bill No. 5044. An immediate roll call vote in the Senate.
Have all the Senators voted? The machine is locked. Mr. Clerk, give us the tally, please. pg/rr 257
Total number voting 33 Total voting Yea 11 Total voting Nay 22 Absent not voting 3
Thank you. Will you remark further on the bill? Senator Fazio.
Thank you, Madam President. I'm disappointed that the last two amendments to defend religious freedoms failed in the chamber. I have one more amendment that I would like to introduce. Madam President, the Clerk is in possession of LCO No. 4621. I would ask the Clerk to please call that amendment.
LCO No. 4621, Senate Amendment "I".
Senator Fazio.
Thank you, Madam President. I move adoption of the amendment, waive the reading, and seek leave to summarize. pg/rr 258
Please do summarize.
Thank you, Madam President. Many people run for office and hold office to accumulate more power. I think that we should trust officials and candidates who run for office to exercise only limited powers and give more power back to the people. This amendment would strike the section of the bill that gives the Governor new special powers to declare an emergency and exercise new powers to force certain medical interventions and potentially undermine people's individual liberties here in the State of Connecticut. I do not think one man or woman should have that right, especially without the approval of the legislative branch, without checks and balances. And I think we should elect people to positions of power like these who want to give back more of their powers, not accumulate more and more power for themselves. Madam President, when the vote on this amendment takes place, I would like it to be done by a roll call vote. Thank you.
We will have a roll call vote, sir. And the question is on adoption of the amendment. Will you remark on the amendment before the chamber? Senator Anwar.
Thank you, Madam President. Madam President, I rise to just make a couple of comments on this amendment. Madam President, the Governor already has the rights to declare an emergency. Every Governor in the country has a right to declare an emergency in their pg/rr 259 state. This is about infectious disease emergency to have that option available. The federal government also has the right to define an emergency. So, it would not be a safe plan to restrict the Governor to be able to declare an emergency and manage that because that's one of the Governor's responsibilities. So, I would urge my colleagues to vote no. Thank you.
Thank you, Senator Anwar. Will you remark further on the amendment? Will you remark further on the amendment? If not, the machine is open. Mr. Clerk, would you announce the vote on the amendment?
Immediate role call vote has been ordered in the House Bill No. 5044. This is not the bill. We're voting on Senate Amendment "I" of House Bill No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS. An immediate roll call vote has been ordered in the Senate. An immediate roll call vote has been ordered in the Senate. We're voting on immediate roll call vote in the Senate.
Have all the Senators voted? Have all the Senators voted? The machine is locked. Mr. Clerk, please announce the tally.
Total number voting 33 Total voting Yea 11 pg/rr 260 Total voting Nay 22 Absent not voting 3
Amendment fails. Will you remark further on the bill before the chamber? Senator Cicarella.
Thank you, Madam President. I was thinking about what I was going to say here today, and I think I'm still somewhat at a loss for words. I can only speak for myself, but how I govern, how I approach the position that I'm in right now, which is a great honor, is by listening to my constituents. Taking into consideration all of the angles. One industry's position and then the opposite on a topic. I listen to the right. I listen to the left. I pride myself in that. And I weigh out the decisions that I have to make by a couple of things. The majority of my constituents want me to support or oppose this legislation. If I support or oppose the legislation, will it do the most good it can for the most people in my district? That's how I try to do this job. And sometimes my personal opinions or something that I hear may trigger something that I had, a life experience, so I feel maybe I know a little bit more about it. But never will I, just take my opinion, or maybe my party's opinion, over my constituent's opinions. And you have a lot of constituents. We all have a lot of constituents. So, you say, okay. Well, how do you do that? If it's $50.50, okay. Then I got to flip a coin. Right? If it's $70.30, I'm going to have a a a darn good reason, to vote against the bill if 70% of my constituents want it. And when I stand here today and I look at what we're doing, I'm just scratching my head on on why we're here and how we got here. We've seen that the public hearing raised a lot of concerns. There was a lot of people pg/rr 261 that came out, a lot of people that emailed and called us, all of us I'm sure. And I would say a majority of the testimony was in opposition. And that alone has to be an indicator that we might not be doing the right thing here today. Now, I'm going to say a little bit about personally why I think that this might not be the right thing. So, my wife is not political. She rarely talks to me about politics. And my wife is a nurse. And when we had our two children, specifically my daughter first, I remember she was, you know, a little baby. We go to the doctors, and a nurse comes in with a tray of needles. And I'm like, "You're not putting that in my kid. I don't know what it is. I don't know enough about it." My wife goes, "Calm down." She goes, "Some of this stuff's needed. It is. It's needed." And I trusted my wife and I said, "Okay. Well, let's at least divide it up. We don't want to poke my little baby like 25 times." I said, "Let's divide it up." And doctor was nice enough, did it. My wife was like, "Okay, we could do this one. We don't need that one." And I had some comfort. But that was my wife and I's decision. We got to do that together. And she was the one that said, "No, we got to get some of these." I said, "Okay." But the fact that my wife has been talking to me about this got me really thinking. What's going on here? She is deeply concerned. She hears it from her other friends that are parents. They're very, very concerned about why is this necessary. And I know, I would hope all of us around this circle come here to do the right thing and help our constituents, and sometimes we have to make hard decisions. But I firmly believe, based upon the opposition of this bill, I believe the right decision is rather pg/rr 262 easy here. But my comment in no way will attack at anyone around this circle or anyone that may support it or anyone that wrote in favor of the bill or came and testified in favor. And, you know, it's challenging because a lot of doctors are the ones that are saying this is necessary and right. I'm not going to tell a doctor what to do. I call an electrician. I'm not going to tell the guy how to wire the house. I'm going to listen to my electrician. So, I take value and respect people's professions and their education, and I take that into consideration. But some strange things happened over the last couple of years, personally with me, where I would have doctors say, specifically my wife. Sorry if you get mad at me, Christy, for saying this. We went to the doctors, and she had a little health concern. Everything's all good. One of the questions from the doctor was, "Hey, did you get vaccinated?" My wife and I look at each other and we're like -- she goes, "No." And the doctor goes, "That's good." He's like, "Don't say anything, but that's good. You're healthy. You don't need it." Why in the world would a doctor have to say, I'm talking about quiet. It's good you didn't get it. I was there. I was in the room. I have other doctors that left the profession or the standard profession and went into preventative health or age prevention health. I don't know what it is. But still a doctor nonetheless and left the profession. So, I know this just isn't about the COVID vaccination or just about the flu shot. But my wife's concern is where are we going? What's next? That's the concern. And if someone's going to say because I'm saying this, I'm an anti-vaxxer, you're wrong. You could go talk to my wife. She got me to get my kids vaccinated with certain vaccines because I guess it was science based and there was a long history of pg/rr 263 the benefit. But some of the stuff that we're seeing might not be in the best interest, and we don't know yet. And we've seen that with the COVID vaccine. We've seen that. And the concerns that my wife and I share, other parents also share those same concerns. You know, there's one thing that I firmly believe government should have a very, very minimal role, if at all, is in a parent/children relationship unless the parent is neglecting or abusing the child. Then by all means, there's laws in place and go get them. Lock them up. But we should never co-parent with the government. And I think this just pushes us one step forward. And I think a lot of people around the circle here don't see me talk much about this type of stuff or try to really get overly political. I debate a bill. I debate an issue. And I'm not making this about politics. I do believe maybe it's definitely weighing on why this is before us. But that's not how I govern. That's not who I am. But I am a little frustrated, not only for myself, but for the many constituents that have reached out, not only in my district. And we've seen this debate that we've had. We ran 10+ amendments. Maybe some were good ideas. Maybe not all of them. But I couldn't believe not one. I'm sorry. Well, on the first one, I think one of my colleagues on the other side of the aisle supported. But other than that, there wasn't one other good idea that someone across the aisle could have said, "They're on to something. Let me get on board with that." Not one besides the first vote. That also leads me to believe why. I vote against my party all the time. I actually take pride in it. Because if I think it's a good idea and I think it's better for my constituents, I'll gladly vote against my party if I believe I could justify that to my pg/rr 264 constituents why I voted that way. And I didn't see that. And that makes me think why. Doctor whispering to me, "All good. Don't get it." Why? And it wasn't just that one doctor. Why? When my wife was asking me about this, you know, what's going to be in the schedule? Are they going to mandate COVID? Do they have to get the flu shot? You know, Paulie doesn't react well to that. I'm like, "I don't know. We'll have to find out." We talk about HPV. They're trying to push a vaccination on children at a very young age. I'm not a doctor and I know there's doctors around this circle, but I hope that my 10-year-old is not sexually active. So, I don't know why they would have to be worried about getting that type of a vaccination. And my wife goes, "Well, will that be one of them to go to school?" I said, "I don't know." So, I have more to say on that, more examples, and more stories that I heard from other constituents. But I do know that we're trying to get our points across and get through our votes. So, I'm not going to say all these different stories that I've seen, heard, and triggered questions or thoughts that I had and wanted to get it out here in front of all of my colleagues. I'm going to just ask some questions to the good proponent of the bill, if he can prepare himself, through you, Madam President.
Thank you. Please prepare yourself, Senator Anwar. Go ahead, Senator Cicarella.
Thank you, Madam President. And through you, Madam President, to the good Senator. Right now, we're going to be changing the way we determine what pg/rr 265 vaccinations individuals will be getting. The schedule of vaccinations is going to change. There's going to be a few different ways throughout the bill that it changes, whether who makes a decision, where we get it from. But if you could help me understand, what are the changes going to be? Do we know what vaccinations are going to be required, through you, Madam President?
Thank you. Senator Anwar.
Thank you, Madam President. Thank you for that question, and this gives us an opportunity to clarify a few more things. So, as of right now, there is no change in any schedule. So, if we were to say that the schedule that was in December of 2025 is going to be the schedule that is today. While the CDC has made some changes, most of the country is not following those because that's part of what people are afraid of. Those guidelines are not scientifically proven or effective at this point. So, most of the country is not following it. We are trying to make sure there's a legislative protection around that. So, that's one part. The bill is actually asking and mentioning that there would be the guidelines set in the past. So, the existing law says that the commissioner would follow what the CDC and ACIP would recommend. Now we are saying is the commissioner will follow and have the standard of care recommendations like before, including CDC and ACIP, but also include three organizations. One is American Academy of Pediatrics, American College of OB/GYN, and American Academy of Family Practice. pg/rr 266 What that does is it actually expands the number of organization that have been at the forefront of making recommendations. In the past, all of these entities were on the same page with the CDC and ACIP. And from January of this year, everything has changed quite a bit. And because of this radical change that has happened, a lot of people are concerned about the safety and well-being of the community, and they want to make sure there's a path forward available should there be a major change that would happen. So, that's the purpose of this. But to specifically answer the question, today, there's no difference than what it was in December what the CDC recommendations had been. And we are going to continue to hopefully follow the same, through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you, the good Senator, for answering that question. So, that's today, and it's not going to change. But in this legislation, it's saying that one person could decide, well, taking the consideration of all of these professionals and associations, but that one person gets to decide what may be added, may be taken away. And is there any guarantee that no more vaccines will be added to this schedule over the next couple years, 10 years, 20 years, through you, Madam President?
Thank you. Senator Anwar. pg/rr 267
Thank you, Madam President. Again, a very good question, and thank you for this opportunity. So, the commissioner would have the ability to make changes to the standard of care, but there is nothing in the standard of care that is a mandate. So, there's not going to be a mandate if there was a change that was going to be made, and that would be based on the guidelines that we have given within this legislation. So, we are saying that you can make recommendation based on these five entities, if you will, and only those. You cannot take something from outside of those entities. So, let's say, theoretically, there's a new infection that comes forward. And I'll make it a practical example and the most concerning one. If there is a new infection by the name of X, Y and Z, and that has a vaccine that's available to prevent that from happening, the commissioner cannot unilaterally place that on the child schedule, the school schedule. He or she cannot. And in this particular case, if that was the case, there would be a recommendation made. And only after the recommendation has been made, it would go through the Regs Review Committee. And the Regs Review Committee, in our state, we have equal number of Democrats and Republicans. It is a legislative committee that would actually look at the pros and cons of the various options, and they will vote on that, and only then it would become part of the schedule. So, she/he does not have any power to be able to make a change in the children's vaccine. However, the recommendations can be made. The standard of care can be made, but that would not have to be followed by any stretch. So, that should hopefully clarify for some people too. Thank you. Through you, Madam President. pg/rr 268
Thank you. Senator Cicarella?
Thank you, Madam President. And thank you to the good Senator because that does clarify the question clearly that one person cannot say one of these associations make this recommendation, I like that, I'm going to do it. Now all the kids have to get it. It has to go through Reg Review, which in my opinion is one of the best committees, not just because I'm on it, not only because Senator Kissel is on it as well, but it's balanced. And that's what I think is so important is the balance. There's an equal number of Republicans and Democrats, and I think that's where the best work gets done. That does alleviate a small concern that I do have, and I thank you for answering that question for me. In the first section, it talks about vaccines will be provided at no cost. If the good Senator could elaborate. You know, when you say no cost, so if someone doesn't have insurance, they need a vaccine that's on the schedule, they could get it at no cost. Is that a fair assessment, through you, Madam President?
Thank you. Senator Anwar?
Thank you, Madam President. Again, a very valid and a good question. So, the children's vaccine are at no cost. The federal government has been providing them. But let's say, hypothetically, tomorrow they say that we are eliminating five of the various vaccine that they have. In that case, those vaccines pg/rr 269 would not be available. And if that happens, then the State of Connecticut will intervene and be able to help out and make sure that the children, the vaccine that they have would be able to take care of those. So, that's part of the no cost part for the children. But then there is a pilot that if you're talking about as well where there will be vaccines for uninsured individuals or the ones who are under- insured individuals who can get the vaccines as adults. And that would be in some of the specific clinics that they could be able to get some help because of the public health implication for that. Thank you for your question. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you, the good Senator, for answering my question. So, right now, we get drugs from the CDC or vaccines from the CDC. And are those at no cost to the State of Connecticut, through you, Madam President?
Thank you. Senator Anwar.
Yes. Correct. Thank you.
Senator Cicarella. pg/rr 270
Thank you, Madam President. And now we will, if this passes, have the ability to get vaccinations from somewhere else. Can you let me know where we would maybe be able to get those vaccines? And then the follow-up question just to save the whole through you and to you, would we have to pay for them wherever we may get them next? Through you, Madam President.
Thank you. Senator Anwar.
Thank you, Madam President. Again, very valid question. So, the first part of the question is that if we pass the law, only then we can purchase it from outside of CDC. And then what is happening at the national level was never contemplated by any state that we would be at such a far distance from the science and technology, and the states would be at such a different frequency. So, that's why these laws were not anticipating such a situation. So, because of that unanticipated situation that has been created since January, we are actually reassessing the laws, and we are placing in the law the ability for the state to purchase outside of CDC because if the law changes at the CDC level, sorry, a recommendation changes at the CDC level, then those vaccines would not be available to us. So, as a result, the state would have to get them from other sources. The state would have to buy them. And for the children, it would be at no cost. But for the adults and through the insurance, there may be a different formula for that. Thank you. Through you, Madam President. pg/rr 271
Thank you. Senator Cicarella.
Thank you, Madam President. And currently, right now, did the federal government stop giving us all the vaccines that we need right now? Through you, Madam President.
Thank you. Senator Anwar.
No. Thankfully, no.
Thank you. Senator Cicarella.
Thank you, Madam President. So, again, I have a bit of concern. I think we're putting the cart before the horse. We're doing this because maybe something is going to happen. And I just don't think that's the right way to approach things. My father, simple man, he always says, work smarter, not harder. Do things in the right order. And I think that we're taking a knee jerk reaction to something that may happen and not realizing the possible unintended consequences. So, some of the unattended consequences, I know that we're going to be upsetting a lot of residents that we're passing this legislation right now. Two, we're going to be spending more money, more taxpayer dollars, when we could essentially continue to get them from the federal government. pg/rr 272 And now, we're going to have to buy these, just in case the federal government doesn't do the right thing. And that just brings a little concern and confusion. But I will move on, and I thank the good Senator for answering my questions. Do we know if any other states are doing this, through you, Madam President?
Thank you. Senator Anwar.
Thank you. I just want to mention a couple of clarifications, and I want to take this opportunity quickly. So, this is getting the rights to be able to do it, but nothing is being spent to do it. And the only reason we can get from the federal government right now is because the courts have intervened. Had the courts not intervened, we would be in a different situation. So, the timing of what we are trying to do is actually perhaps late. Thankfully, the courts have made it easy for us to survive at this point, but the plans that were suggested by the CDC were going to have a major impact on the vaccine schedule. But, thankfully, because of the loss, the federal government is being -- the CDC recommendations have been stopped by the court. We are able to continue the status quo. So, that's a background of that part. The other states are doing this. I was looking about I think 28 states are looking at ways to be able to manage and keep the existing formula, and I think more are going to join in as well. This is where major conversation are happening across the country. Thank you for that question. Through you, Madam President. pg/rr 273
Thank you. Senator Cicarella.
Thank you, Madam President. And I don't know if the good Senator knows this. I think he may. Do you know how many vaccinations a child needs to take prior to going to elementary school? Through you, Madam President.
Senator Anwar.
Thank you, Madam President. So, depending on their immune system and their status, I know people talk about 73 or so that's been said. But that's not accurate because what they're looking at is every different component and the number of viruses that they're treating, they count them, including the influenza and so on. So, there are about 20 or so if you exclude the flu vaccines and some of the others. So, it's in that range. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. So, I hear we kind of fluctuate between 20, and then maybe 70 something depending on someone's immune system or influenza or you said a couple of others. And I'm not going to put words in your mouth, and I'm not going to question a doctor. You're a doctor, so I know that you're educated and know these things. pg/rr 274 I do believe that, I'm going to give you my opinion, that there are a lot of individuals like myself and my wife that would say there's a fair amount of vaccines that do a lot of good, and it would be in my children's best interest to give them these vaccines. But there may be one or two, three, four, I don't know, based upon my child, their immune system, our family history, that maybe we don't want to run that risk. As adults and parents, we're going to say, we're going to weigh that cost benefit analysis for our child and say that we don't want to give them all of them. And I don't know what the federal government's doing. I scratch my head all the time. I don't know what they're doing there. And that's been for years. But I do believe it may be in response to a lot of people saying maybe they don't want to pump their kids full of every single vaccine that's recommended. So, maybe that could be why that's happening, and I'm not going to claim to say that's fact. But the good Senator said it could depend on their immune system. It could depend on a couple of other things. I think that's how we should approach it by a case by case basis, not just a blanket across the board approach. But I do thank the good Senator for answering those questions and clarifying that we're still able to get them at this time. And then if not, we would be purchasing them. If the good Senator would know, if this passes, are we going to purchase them in advance prior to the court decision or in any other scenario? Through you, Madam President.
Senator Anwar. pg/rr 275
Thank you, Madam President. So, that's a very good question as well. They're not physically purchased and kept over here. They're actually stored at the source, and when they're needed, they can be actually asked for. So, that's one way to keep the money safe, if you will, and the vaccine safe as well, and reduces the risk on our side. Can I make a quick little comment on the previous, one of the comments?
Please go ahead, sir.
I think my esteemed colleague had made a comment about many vaccines and the families being concerned about them. I think it's very fair to be concerned, and there are enough reasons to be worried. And we can do a better job as a society to be inclusive and respectful and give space to the people who are hesitant for one reason or the other. That's important. But at the same time, there's a public health component. But while that's happening, the access to the clinicians that they are not getting is not right. So, we have said that from the public health pulpit as well and from here as well that if a family is hesitant to get vaccines, they should still be seen by pediatricians to get the full care because they're not getting the full care. And we have had conversations with the pediatricians about this as well. And the concern is that they're seeing a number of children who are getting chemotherapy because of cancers or other illnesses, and they sometimes are worried about mixing of the children who may have infections and the one who are pg/rr 276 immunocompromised. And one way to deal with that is to have different days and discussion about how you can work on those things. So, I respect the fact that there's difference in opinion on that aspect, but also recognizing from a larger public health perspective we need to have frank conversation on this topic so that there is inclusion of care for the children on all aspects. And if there are medical rationale, there's opportunity to look at them and expand them and improve them further. So, through you, Madam President, I just wanted to make that.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you to the good Senator for that comment. And I hope maybe that would be a bill next year is to find a way to find that balance. Because I do hear from constituents saying they go to their pediatrician with their infant. And they're like, "I don't want all of them." And they say, "Well, if you don't get all of them, you got to go." I don't know how that's helping. So, I appreciate you bringing that up. And maybe we could co-sponsor a bill next year to find a way to address that, because I think that's really, really important. I will try to summarize. Just get a couple of quick questions. It says that it's going to change higher ed. If you could elaborate on how this may affect higher ed, and what changes this would bring for college students. I think it starts Section 7, lines 203 to 216. pg/rr 277
Thank you. Senator Anwar.
Madam President, through you. In principle, there's no change for higher ed. It's just the same principle. If there's a need, they will be addressed accordingly. So, there's no new mandate or anything for the higher ed. If there's going to be a change that would be there, it would still have to go through the process. The commissioner does not have the capacity to unilaterally change the recommendation in that case either. Through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And I thank the good Senator for answering that question. And I thank you for answering all of my questions. But, you know, I'm just curious. And this isn't a question. It's more of my my self curiosity. It's like, then why is this bill here? Why is all of this language here? Someone put it in here for a reason. So, if it's going to be that if there is a need, then they're going to do it, it just raises concerns and creates concerns for constituents. Like when they read this, they ask me that question. I can't answer it. And then it's for, okay, well, maybe we're going to need it. I think we address it then. We come in for emergencies all the time. It is our job to react. And I think that we have the ability to do that. And when we see a bill like this on such a sensitive subject, you know, there's pg/rr 278 probably nothing more important to a parent than their children. And you have to understand -- This is generalized statement, not directed towards you, Senator. This is problematic. This is concerning. We talk about our first amendment, second amendment. I don't care about the amendments. Mess with my kid, you're in trouble. And I'm sure I'm not the only parent that feels that way. So, you know, I hope people are paying attention to what we're doing here. And they're asking, why are we doing this? Why? You know, I just have one other question that there are other states, countries, they all do things differently. And we have people come visit this great state all the time. Is that taken into consideration at all when we're putting this mandate and burden on our families here in the State of Connecticut? But people could come and go as they please. They come. They stay as long as they want. How does that not affect the public health, that concern, through you, Madam President?
Thank you. Senator Anwar.
Thank you, Madam President. So, if somebody comes from another state and they're going to be part of our education system in a congregant setting, that's where the infectious diseases spread. And that's the difference between for an individual right versus a collective right. And if that person is going to come and be here alone and visit their family and loved ones, they have every right to be who they are and exactly have a vaccine or not. That's their choice. pg/rr 279 If they are going to be, let's for the sake of an example say they're going to be homeschooled, they have a right not to be vaccinated. That's their choice. And that's completely up to the families and the patient and the individuals. But when they're in a congregant setting, then you become an impact of either being a vector of spreading the infection towards others, and that's where the rub is, if you will. And that the rub is that if you are going to make a choice for yourself, good luck. It's a good thing. But if your choice is going to impact somebody else, that's where the public health mindset comes in. So, when somebody comes from another state, they're welcome to do so. When they're going to be part of the school system, that's where actually they will have to go through the background and make sure that they're vaccinated or not, and have the requirements. That excludes the ones who are grandfathered. There are some 9,000 of our children in our state who grandfathered back in 2021, and they're excluded from that part because we had that short luxury at the time when we passed that bill to make sure that because of the herd immunity that we had, that we could listen to the people and adjust it at that point. So, through you, Madam President.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you to the good Senator. And I truly thank him for his very genuine and thorough responses. And some of them really did help, especially with the Regs Review and being able to make those decisions in a truly bipartisan fashion. That gave me some relief. But pg/rr 280 when we talk about a luxury, you know, they're giving that luxury to have that medical exemption, I just, I don't think that's a luxury. I firmly believe that's a right. And that's my belief. It's not a question. I don't need to ask any questions on that. But the good Senator did bring up schooling. And if someone does not want to get all the vaccines for whatever reason and they can't find a doctor for a medical exemption, and they have to homeschool, does the State of Connecticut provide any resources to families that decide to homeschool? Through you, Madam President.
Thank you. Senator Anwar.
Thank you, Madam President. Madam President, I don't know the answer to that. I'm sorry. I can look it up, though. Thank you.
Thank you. Senator Cicarella.
Thank you, Madam President. And thank you to the good Senator. I'm done with my questions. I truly appreciate all of your answers. You know, I don't think they're provided any resources. And in fact, we see, over the last couple of years, there's legislation that's going to possibly put more burden on homeschoolers or more regulation on homeschoolers. So, it's something that is confusing me and frustrating me too because when I have a constituent that ask me a question, and they say, "Okay, well, pg/rr 281 I'm not going to vaccinate my children, and I'm just going to homeschool. But now they're going to be coming after me because I'm homeschooling." And they go, "What are you doing about it?" I'm asking myself, you know, why are we doing that? But we will continue to talk about this, debate this. The good Senator talked about possibly addressing some other areas where maybe children don't have to get all the vaccines and they still could go to their pediatrician. And maybe we'll work on a bill next year together to provide some funding and resources for homeschooling parents that unfortunately do not want to vaccinate their children for whatever reason, not fully but partially or whatever the case may be, that we could provide some relief and take into consideration the people's, you know, rights, feelings, and concerns that are going to be affected by this legislation. Again, I want to thank you, Senator, for answering my questions. And thank you, Madam President.
Thank you, Senator Cicarella. Will you remark on the bill? Senator Martin, good evening.
Good evening, Madam President. I'm going to start and go back to the religious exemption back in 2021. You know, back then, we targeted a certain group, and those that were using the religious exemption in order to not perhaps give the vaccinations to their children. And some of the information that we heard was, you know, there was an increase in unvaccinated children throughout the whole state. And when we dug into it, I know I did, what made me remember it was Senator Somers when she testified, and that was the outbreak of the unvaccinated pg/rr 282 children primarily were in the urban communities with a few exceptions into the smaller communities. So, we created this division, so to speak, and upset many parents. And if you recall, on the north side of the building, we had thousands of people. We heard them through the walls chanting, and they were on megaphones and we could hear their anger trying to let us know, "Please don't do this." And I think I put it mildly, please. But they were passionately talking and trying to let us know, please don't force this on us. It would be good to know if that data regarding the how many children are unvaccinated currently, and compare it to 2021. It would be really good before we adopt some new regulations or new statutes. My guess, it's only me, but my guess is probably going to be the same. It's going to be the same areas, the concentrated areas where there's a high number of unvaccinated children in the urban communities and the smaller communities, whatever they were, you know, whatever towns there may be. That's what we should have been addressing. Try to solve that problem specifically. If all the rest of the state was doing pretty well without us legislatively forcing a statute on them and creating this division would have been much better than what we did then and what we're doing again today. I had a constituent in '21 come into my office, husband and wife, never met them before. I don't remember if they were from Bristol or from Plainville, but one of the towns. She was a nurse. They had children, two, three, I don't know. But they were telling me, and tears in their eyes, about their child and how they went, they followed the vaccination schedule that was being provided by their physician. pg/rr 283 And the moment that a particular vaccination or vaccinations were given to them or to the child, they saw immediately something's wrong. Something is wrong with our child. To find out later that they had an autistic child. The behavior before the vaccination was normal. A nurse knows the development stages in a child or an infant to adolescence and, you know, toddlers, etc. She knew what was to be expected. But the moment the vaccination entered the child or is given the vaccination, something happened to her child. Tears in her eyes, I listened. And they left me with a book. I didn't think anything of it, but they said, "Please read this." I think the rally took place, we went home after the session, and I read the book. And I would encourage my colleagues and parents to read the book. It will make you think whether or not if what we're doing with the quantity of vaccinations, the number of doses, the dosage that our children are receiving, whether or not they're safe and effective. I am not anti-vaccination. Not at all. But I think a pause needs to be taken and looked at the industry itself. The name of the book is How to End the Autism Epidemic. And like I said, every parent should really read the book. A few pages in the book speaks to the insufficient testing and the combination, the combining of multiple vaccines and the quantity of the dosage. And it expose the epidemic of a chronic disease among our children. I'd like to read a paragraph. Dr. Rachael Rose. Some of you may recognize the name. She spent three seasons co-hosting an Emmy Award Winning and national syndicated television show, The Doctors. That was the name of the show, The Doctors. When she wasn't hosting the show, she would commute back home to run to her family practice in Indiana, pg/rr 284 alongside her father and her brother, who are both physicians. And Dr. Rose changed her tune about using vaccines in her practice. The main street media met her announcement with silence, but her words were powerful and clear. In 2016, Dr. Rose explained her change of heart in a widely read blog post titled Vaccines, Vaccine Injury, & My Perspective as a Doctor & Mom. And she goes on and writes, I have witnessed the vaccine schedule grow from 16 dosages of four vaccines from birth to six years old when I was a child to the current recommendation of 49 dosage of 14 vaccines between birth and age six, and 69 dosage of 16 vaccines between birth and the age of 18. And we've been given them on time, sometimes five shots a day to help kids catch up, and all without question. Medical schools and residency taught us all to do this. I guess I can't help but wonder if this is a connection between the fact that when we had to give fewer vaccines, we had fewer childhood diseases. It is only human to wonder. We had fewer learning disabilities, less asthma, less autism, and less diabetes. Autism, in particular, was a 1 in 5 in the late '70s, and it has now skyrocketed to 1 in 50. Why so many, and why so soon? Pause vaccines, further studying, particularly the combination and multi-dosages in order to catch up. When I was done reading the book, that's what I remember the most is, gee, the schedule. Because they have a graph in here, and they show the trajectory of the years. 1962 when there was a minimum amount of vaccines, and then the number of autistic children, and how it has just skyrocketed to where we are today. So, I hope you can understand why the objection from our side of the aisle and from the parents that have came here and protested. You know, now we're looking to our objection of updating and establishing new pg/rr 285 vaccine standards for an adult program, going from not only children but to include adults, nursing homes, higher education institutions, and expanding the Governor's powers. We shouldn't be taking away further liberties, in my opinion, from our parents and from individuals, and be giving them over to the Governor or to the Commissioner of Department of Health. You know, the bill moves, you know, another part of the bill. You know, it moves to preemptively rewrite the religious freedom laws and to obstruct or usurping a lawsuit that's pending right now. And I can only believe that why this is in the bill is that there's a good possibility we will lose in the courts. And if that happens, then that preemptive bill that we established literally goes away. I just want to -- I'm sort of wrapping up here a little bit, but I just want to read what the Connecticut examiner wrote regarding that lawsuit. The legislation essentially removes the legal test at the heart of the lawsuit - this legislation that we're looking at today - while the case is still pending and were being argued, ensuring that the lawsuit is rendered moot if passed. So, think about that. We lose that lawsuit -- excuse me. If we pass this legislation, then that lawsuit becomes moot. I have to believe that's what's taking place with that section of the bill. And we fear that, depending in the bill or that section of the bill, fears that the pending lawsuit, which we argue, and this is part of the examiner's comments, we argued it in 2021, and that is the exemption, is going to be repealed because it violates the RFRA statute and result in the restoration of the exemption. I feel and I believe, and I encourage my colleagues that we should reject this bill and allow the courts to make their decision. pg/rr 286 And if they decide the exemption repeal violates the statute, then so be it. But we need to reject this bill, allow the courts to make their decision. If they do, then we come back here. We target the groups that are truly violating the vaccine, and we see the unvaccinated children. We address that problem and not, I guess, burden and take liberties away from the rest of the constituents in our state. So, thank you, Madam President.
Thank you, Senator Martin. We will stand at ease for just a moment until Senator Duff gets to his seat. And we wonder why our microphones don't work. Good evening, Senator Duff.
Good evening, Madam President. Thank you. I rise in support of legislation this evening and believe that this is an important bill that is a continuation of the work that we started years ago, some would say decades ago, to ensure the health and safety of our residents in the State of Connecticut. There is no greater task for any state or nation or city than the health and safety of its residents. And while we may be in a moment in our history when we are in a disagreement about the effectiveness of vaccinations, I don't know that science disagrees with the effectiveness of vaccinations. I can tell you that, for me anyway, I have received emails from constituents about supporting this bill because they understand that it is something that will protect our residents and keep them healthy and safe. All one has to do is look at the news these days to see the measles outbreaks, to see flu outbreaks, to see disease that is spreading in places where it has not spread in decades. And at a time when we are now questioning whether or not children should receive pg/rr 287 necessary vaccinations that have literally saved millions of lives for decades, millions of lives for decades, somehow we're questioning that science, and I'm not really sure why we are doing that. I know there are some people who are making a lot of money by putting out conspiracy theories, who blog online, who make YouTube videos, who get people all excited, who question things and bring people down these rabbit holes and get them to question whether or not these vaccinations have actually saved lives or not, or have kept people healthy. But the science is the science. And what we had prior to vaccinations were people who were dying because they did not have the proper protections from various diseases. Many of us can probably talk about relatives of ours who contracted measles, which is also coming back with a vengeance, that had done some damage to people that we know. I know one myself. And yet, because the history is so long ago that we don't remember or we weren't alive for that time, somehow, we can now question the science that has been settled for decades. Vaccinations were so important that George Washington made sure that his soldiers were vaccinated against the smallpox during the revolutionary war. This is not some new fangled type of science that was just created over the last couple years. This is medicine that has been around for a long time that has literally saved millions of lives. We talk about individual freedom. And, yes, of course, we support freedoms in this country. But our country was also founded on the general good, which is why we built public libraries, which is why we built public schools. We built roads for people to go on that was good for everyone. We built pg/rr 288 interstates so people can go from state to state. They can go across this country if they want to. We did that for the general welfare, not just for one person or two persons. That's why we don't have private roads all across the country and somehow, if I want to go from Hartford to Norwalk, I got to go through three different roads because there's four different owners and five different tolls. That's not how we do it. The roads that I go on are public roadways, paid for by taxpayers, supported by taxpayers, and that's for the general welfare. And you think about the preamble of this constitution that says in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. It's right there in the preamble to the United States Constitution that I had to memorize in Ms. Kinloch's class in the 8th grade at Nathan Hale Middle School. It's right there, for the general welfare. That's why vaccinations are important in our state. And we think about the fact where we see how measles are ravaging across this country, and thankfully, we have a 98.2% vaccination rate, which is one of the best in the country. And we're not seeing what we have seen in other states like Texas and South Carolina and Utah where we see hundreds of outbreaks of infections since late 2024. Because somehow, thanks to the misinformation that we've seen of people who are profiting off of people who might not accept science, we now have the Secretary of the Health and Human Services Department, the lead person who's supposed to be keeping us safe and healthy, who's also the lead anti-vaxxer in this nation, who's telling people you pg/rr 289 don't need to get a flu shot, you don't need to get a vaccination. And there is no science that actually would support that. And I have to say poll after poll after poll shows how unpopular that is. Extremely unpopular. People want to be safe. They want to be healthy. They don't want to go back to a time where they're worried about whether their kid's going to get polio, whether or not there's going to be a measles outbreak in our community, whether or not their kid's going to die from a high fever or from the flu. Because let's just put the cards on the table here. Some of these common ailments do cause death, especially amongst our children. And so, we should be doing everything we can to promote science and to promote safety, and to promote what is the right information. We have a responsibility as legislators in this state to put forward the right information no matter the political winds that are blowing at the moment. No matter who may or may not support us, or who may or may not vote for us, it's our responsibility as elected officials, with our bully pulpits around this circle, to make sure we are putting out correct and accurate information. So, Madam President, I believe that it is the right thing to do to have a strong and a well thought out and a clear policy for vaccinations for our population. I believe that it's important to have a vaccination schedule for our schools. That kids can go to school knowing that they're going to be healthy or stay healthy as possible. And that we're not going to go back decades ago for when kids contracted diseases because it was all around them. So, Madam President, I ask my colleagues to support this legislation because it is an important bill for us, just like our bill in 2021 was as well. And that we have to not turn our back on science, but we have pg/rr 290 to lean into science. Lean into the progress we've made over decades that have saved millions of lives. Lean into all the good things that we've done in science over the last few years, the medical miracles that have happened with so many diseases, vaccinations or not, that literally when somebody goes into the hospital, they say to the doctor, "Do whatever you got to do. Whatever it is, do it. I want to save my loved one." That's leaning into science. That's what we've got to do. That's what we have to continue to do. And I think by voting yes on this legislation, that we're putting our votes where our mouths are. Thank you, Madam President.
Thank you, Senator Duff, for your remark. Senator Harding, good evening.
Good evening, Madam President. I want to start tonight by stating this. 250 years. 250 years. What's the significance of that? Well, many of us in this chamber will tell you the significance of that is the inception of our nation. My opinion, the greatest country in the world. And for years, I've always thought about what makes us the greatest nation in the world. And there's a lot of things that make us the greatest nation in the world. But I think at its crux, what makes this the greatest country in the world is we're not a country founded on a nationality. We come from all different cultures, all different backgrounds. We're a country formed on the basis of individualized liberties and freedoms and rights for one and for all. That, that at its core is what has made this nation the greatest nation on earth. And that at its core will continue to maintain America as the greatest nation on earth. pg/rr 291 Now, you may say, Senator Harding, why would you mention that tonight? What does that have anything to do with vaccine standards? What does that have anything to do with House Bill 5044? And I'll tell you that you're right. Vaccines in general, medical practices in general, have very minimal correlation to the 250th anniversary of our nation, and freedoms and rights and liberties granted to us by not government but by God. But in a lot of ways, it has everything to do with why we're standing here tonight. Because this is not truly a debate about the efficacy of vaccines or not. I have my opinion. Other people have theirs. My children have vaccines. As their parent, that's my decision. I believe it's the right decision for them. But I know friends, family members that don't. And that's their decision. That's their right. That's their liberty. It's not my right, whether I'm a Senator or not, to tell someone else how to medicate themselves or their children. That's their right. That's their freedom. That's their liberty. That's what the 250th anniversary of this nation has to do with what we're talking about tonight. Rights, freedoms, liberties granted to us by God in this great nation, and decisions made by parents and individuals themselves. And although I may disagree with you vehemently, we as elected officials, abiding by our great constitution, should be the first one standing there telling them that I will fight for your right to do that because that's what this country is founded on. What we have here tonight is a bill that is in my opinion antithetical to every single aspect of that. It is a bill that tells parents, that tells individuals when it comes down to medicine for you, when it comes down to medicine for your children, we pg/rr 292 in government know better than you. And I can tell you that when I speak with parents who love their children more than life itself, who am I to tell them how to parent their children? No one elected me to have that power. They may elect me to vote for them, but they sure as heck don't elect me to tell them what to do with their kids and with their body. And that's what tonight is about. And that's exactly why I stand here tonight in strong opposition to what is before us. Government officials, unelected bureaucrats, should not have this ability. And if you tell me that it's not mandatory, it's not. It is. Because when you start dictating standards of care, putting power in the hands of unelected bureaucrats within our state government, we've seen what happened just five or six years ago. We've seen people lose their jobs. We've seen children taken out of schools. And when you think about life, how do we fund living in our home? How do we feed our families? Work. You take that away from me, you take away my life. So, don't tell me it's not mandatory. And we don't have to look all that long ago, as I said, to see times in which this was dictated in that type of manner. In the 250th anniversary of our country, join me tonight in opposing this bill and standing up for everything our constitution and our nation is founded on. Stand up for liberty and stand up for freedom and vote against this bill.
Thank you, Senator. Good evening, Senator Looney.
Good evening, Madam President. Thank you. I rise in strong support of this bill. I wanted to thank pg/rr 293 Senator Anwar for his leadership on this throughout, our Majority Leader, Senator Duff, for all of his work on this as well. This is a critically important bill, Madam President, because it does relate to, as our Majority Leader said, the principle of promoting the general welfare. We know that in our system, we have enormous respect, and the constitution mandates that there be respect for individual rights and individual conscience. But there are times when those individual rights or expression of individual rights have to give way to the protection of the public. It's been said, Oliver Wendell Holmes just one time said that your First Amendment right to stand up and self-express does not include the right to yell fire in a crowded theater. It's also been said, I think by Holmes also, that your right to extend your arm ends at the tip of my nose. So, we live in a society of rights, but also responsibilities. And if we are to be truly the society that we need to be, we need to pay attention to our responsibilities to others as much as the rights that we claim for ourselves. Madam President, one of the purposes of the bill that we passed in 2021, Public Act 21-6, one of the things that was most on our minds at the time was the issue of herd immunity. We were told that schools needed to have at least 95% of vaccinations in order to make it safe for children to go to school who have compromised immune systems and depend upon the vaccinated status of their fellow students in order to make it safe for them to go to school. What about their rights? What about their needs? What about their health? How about their right to go to school safely? That has to be in this equation just as much as rights claimed by others who have doubts about vaccines. pg/rr 294 Madam President, we have had great success in this state since 2021. Immunization rates have risen in the years since the passage of 21-6, exceeding even the pre-pandemic levels. This is a public health success, of which we should be very proud. And what this bill do is help us to sustain that momentum. So, what does it do? What does the amendment do to RFRA? And the bill would explicitly state there is no religious exemption from the vaccine mandates for children and students and schools and so on. It does not in any way change the exemption for those with medical conditions that we clearly established five years ago. In passage of that bill, we removed explicitly the religious exemption. What maintained, of course, was the medical exemption. And it's been very clear that that bill has been a success for the last five years. And that's why what we are doing now is trying to remove any obfuscation, any lack of clarity about what we meant because nothing in this bill or current law on vaccines targets religion at all. It's entirely silent on religion. And it does, in fact, maintain the status quo since 2021. And there are some who are saying that we are doing something new in this bill, that it is somehow an erosion of religious rights. It is somehow an expansion of what we did in 2021. That is not true. It is a clarification, not an expansion, and just continues to implement the policy that we believe we were adopting in 2021 in passing Public Act 21-6. So, the intent has always been and will continue to be to uphold the constitutional right to religious exercise while protecting the public health and protecting public safety. Madam President, we know that there have been circumstances where the expression of religious expression has been limited for reasons of public health and public safety. pg/rr 295 There are a number of cases where incarcerated prisoners have sought the right to wear religious emblems or religious signage, or religious medallions of some kind, and challenged that when the corrections official said that they could not wear those, and those decisions were challenged and the corrections actions were generally upheld on the ground that any object made of metal could be dangerous and potentially fashioned into a weapon that could be dangerous to other prisoners and also to corrections personnel. So, that is a case where the claimed religious right was in effect limited by the need to protect the general public. So, what we are doing here is just trying to make exactly clear once again what we said in 2021. To recognize the medical exception, and that is the sole exception, except for the grandfathering that was part of that bill. Nothing else has changed. So, Madam President, we embrace the entire constitution, not just the Second Amendment as some people do or others. But we recognize that the rights of individuals and the rights of society as a whole, especially those who depend upon the conduct of others to make it safe for them to act in certain ways, has to be looked at. We have to take a broad, rather than a narrow view of rights and responsibilities if we are to have the comedy that makes us what we should -- pg/rr 296
As The United States Of America, the power to vaccine, the right to compel vaccines goes back to George Washington's army during the American Revolution, when there was a danger there of a smallpox outbreak and other diseases. At that time, it was far more risky because the vaccines were really experimental, but yet it was done with a degree to protecting the army, protecting the public health. So, we cannot take a narrow view. We have to take the broader view. Everything is a balance between individual rights and liberties and societal needs, especially protecting public health and public safety, and the right of states to regulate in the area of public health and public safety have been well established by decisions down through the years. Again, it has to be reasonable, it can't be an overreach, it can't be something that selects, pre- selects one religion for favorable treatment as opposed to another, has to be even handed, has to be fair. That's what we are doing here. We are not in any way impinging upon religious rights. We are asserting the right of our people to be safe and to celebrate the success that we've had for the last five years since the passage of that act, increasing our vaccination rates, increasing the safety of our students in the schools. That's what we're all about with the needs in mind of those poor children with compromised immune systems who are at risk every single day if they go to school and their classmates are not sufficiently vaccinated. That's what we're about here. That's what the focus should be on. That's why this is truly a good bill in the American tradition, Madam President, and I urge support tonight in concurrence pg/rr 297 with the House of Representatives. Thank you, Madam President.
Thank you. Will you remark further? Will you remark further? If not, the machine is open. Mr. Clerk, kindly announce the vote.
An immediate roll call vote has been ordered in the Bill No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS as amended by House Amendment Schedule "A" and "B". An immediate roll call vote in the Senate. We are now voting on the bill. This is House Bill No. 5044, AN ACT ESTABLISHING CONNECTICUT VACCINE STANDARDS as amended by House Amendment Schedule "A" and "B". We're now voting on the bill. An immediate roll call vote has been ordered in the Senate on House Bill No. 5044. An immediate roll call vote in the Senate.
Have all the Senators voted? Have all the Senators voted? The machine will be locked. Mr. Clerk, would you give me the tally, please?
House Bill 5044. Total number voting 34 Total voting Yea 22 Total voting Nay 12 Absent not voting 2 pg/rr 298
(gavel) Legislation passes.
Madam President.
Senator Duff.
Thank you, Madam President. Madam President, I move for immediate transmittal to the Governor.
Off it goes.
Thank you. And on Senate Bill 4, I move for immediate transmittal to the House of Representatives.
So ordered, Sir.
Thank you, Madam President. Madam President, we have a few more items.
Yes. Please proceed and I just ask our staff and members to give their attention to Senator Duff, so that we can hear. pg/rr 299
Thank you, Madam President. Madam President, on Calendar Page 39. On Calendar Page 39, Calendar 375, substitute for House Bill 5289, I'd like to recommit that bill, please.
So ordered.
Thank you, Madam President. On Calendar Page 16, Calendar 184, substitute for Senate Bill 445, I'd like to move that item to the foot of the calendar.
So ordered.
Thank you, Madam President. And on Calendar Page 32, Calendar 327, substitute for Senate Bill 307, I'd like to move that item to the foot of the calendar, please.
So ordered, Sir.
Thank you, Madam President. It is our intention to be back in session on Tuesday at 10:00, and we will let people know schedule then. But I would urge people to hold -- We'll be in session Tuesday, Wednesday, Thursday, Friday. Hold Saturday, please, because it's our last Saturday before session ends. pg/rr 300 And then, we'll be in session Monday, Tuesday, Wednesday. And for journal notations, Senator Miller, Senator McCrory, Senator Needleman, Senator Flexer, and Senator Osten missed votes because of business outside the Chamber.
And, sorry, Senator Duff. It was very loud in here. And this coming Monday, we are in at 10AM.
We're not in on Monday.
We're not in Monday.
Tuesday, Wednesday, Thursday, Friday. Hold Saturday, please.
Thank you so much, Sir.
Thank you, Madam President. And with that, I move that we adjourn subject to the call of the Chair.
We are adjourned. Go forth and govern. (On motion of Senator Duff of the 25th, the Senate at 8:38 p.m. adjourned subject to the call of the chair.)