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In The Loop 287 Capitol Avenue, Hartford, CT 06106
June 15, 2007

In this issue
  • It's overtime in Hartford
  • Taking the reigns
  • Meet the New Senate Minority Leader John McKinney
  • Senate Dems celebrate success with End of Session wrap-up
  • Newly passed legislation

  • Taking the reigns
    DeLuca

    Senator Louis DeLuca (Woodbury), the Republican leader of the Senate was in the midst of his ninth term as a state senator and his fourth as leader of the Republican Senate when the U.S. Attorney's Office announced his arrest on a misdemeanor charge of conspiring to threaten just days before the 2007 session was about to wrap up. Senator DeLuca pleaded guilty early last week on misdemeanor charges and promised to not let this controversy cloud the Republicans' achievements here in Connecticut. True to his word, on Wednesday, June 13, only 7 days after the close of the 2007 legislative session, DeLuca abruptly resigned his leadership spot to give another Republican Senator a shot at the leadership role.

    Senator John McKinney (Fairfield), who is currently serving his fifth term as a State Senator and his third as second in command as the Minority Leader Pro Tempore, was officially voted into DeLuca's former position just yesterday during a Republican Caucus. Senator McKinney is well respected by both sides of the aisle and there is no one at the Capitol who anticipates a challenge to him taking over. There was talk early on of Senator Roraback (R-Goshen) and Senator Nickerson (R- Greenwich) taking interest in the position, but it seems natural that the second in command would take the helm when needed. Selecting a replacement for McKinney's deputy leadership spot is really the only undecided move under discussion. With McKinney's new leadership responsibilities, we might see some subtle changes in the committee appointments to provide the Senator more time for his expanded duties. We'll keep you posted.

    The leadership change comes at a tumultuous time in CT as the state agencies are preparing their contingency plans in case a budget agreement is not agreed to by July 1. Legislative leaders have and will continue to meet behind closed doors with Governor Rell and her staff to come to a compromise. Senator McKinney in his new role will be thrust into the budget negotiations which will test his quick mind and his often persuasive personality.

    Senator DeLuca has announced his intention to remain in the circle representing the ten town 32nd district. Some discussion has been heard about the Senate Dems seeking formal sanctions, but without bipartisan support, it might not be the best strategy for the times. The Connecticut Constitution only allows for impeachment of the Governor and Executive and Judicial officials. The only mechanism that can be used for a member of the House or Senate is for the chamber involved to expel or punish the member by a two-thirds vote. Since the Constitution was drafted, there has never been a Senator or Representative expelled by their peers. The vote would require 24 of the 36 Senators to vote for this sanction, a partisan effort that might raise eyebrows. It may also set a unique precedent considering that several other sitting members of the legislature have found themselves under legal scrutiny as well and to date, severe actions have not been initiated. When the Senate Dems meet next in caucus, they will address this option.


    Meet the New Senate Minority Leader John McKinney
    McKinney

    John McKinney was born in Fairfield, Connecticut on March 6, 1964. He is the youngest of five children of the late Congressman Stewart and Lucie McKinney. John graduated from Fairfield Prep in 1982, earned a Bachelor of Arts degree from Yale University in 1986, and received his Juris Doctorate with honors from the University of Connecticut School of Law in 1994. John was a law clerk to Connecticut Supreme Court Justice Richard N. Palmer, and later practiced law with the firm of Cummings and Lockwood.

    First elected to represent the people of the 28th District in November 1998, John now is serving his fifth term and serves as the ranking member of the Environment, Transportation, and Housing Committees. He is also a member of the Appropriations and Executive Nominations Committees. The 2007 session marked the beginning of his third term as Minority Leader Pro Tempore. Senator McKinney has also served one term as Assistant Minority Leader.

    In the Senate, John has worked tirelessly to protect our environment. He championed legislation to protect over 18,000 acres of land for open space, and to clean up Long Island Sound. John has also been an outspoken advocate for the homeless, believing that every citizen in Connecticut deserves a home.

    John is actively involved in numerous local nonprofit organizations as well. He serves on the Board of the Center for Women and Families in Bridgeport, and the Fairfield Theatre Foundation. John and his family help provide housing and care for people with AIDS through the Stewart B. McKinney Foundation. John, 43, lives in Fairfield with his wife, Megen, and their three children, Matthew, Graysen, and Kate


    Senate Dems celebrate success with End of Session wrap-up
    CT Seal

    On Thursday, June 7, Senate President Don Williams and Senate Majority Leader Martin Looney outlined their caucus' accomplishments. Their press release read in bold letters: "Senate Democrats' 2007 Session of the General Assembly; Important Legislation in Health Care, Energy, Education, Quality of Life." However, just below that heading, smaller print captured what was really on everyone's minds: "Budget resolution still to come in Special Session."

    Williams admitted that while important legislation was passed during session, there is still no budget deal. He added that parties are "flexible" and that he wished the Governor had been at the table for "less miscommunication" throughout the process. Last Thursday, Williams said he expected an agreement within a week. Apparently the sides are not as close as he expected. Williams said it himself, "When there's more money, there's more to talk about."

    Williams took the opportunity to explain why the Democrats would propose raising taxes with such a large budget surplus. He explained that the surplus is only a snapshot in time and that there are deficits in the out years. "We can't drive the state off a cliff," Williams said. Some challenged him that that may be exactly where CT is headed if budget talks continue to stall.

    One of Williams' most important pieces of legislation on health care (SB 1484) may still hang in the balance due to the budget conundrum. The Governor has threatened to veto the legislation because of its massive price tag - over $300 million. Without a budget in place, passing any legislation requiring budget allocations reaches into uncharted waters. Many Republican legislators voted against the bill for the same reason. For now, the bill is working its way to the Governor's office. As passed, the bill establishes two authorities to move CT toward universal health care, increase provider rates, and expand public programs like HUSKY. "A veto would be a travesty for our state," said Williams.

    Energy was also a major topic left to the very end of session. HB 7432 AAC Electricity and Energy Efficiency was hailed by Williams as going "a long way toward addressing the state's immediate need for rate relief." Among other things, the bill extends and expands sales tax exemptions for energy efficiency products and establishes a statewide energy outreach program to educate consumers on the benefits of energy-efficiency technology. The Governor signed this piece of legislation, but used her line item veto on two sections of the bill since it called for expenditures that both exceeded the spending cap and were not yet passed by the General Assembly and signed by the Governor.

    Senate leaders also highlighted the passage of some controversial legislation that led to spirited debate in chambers including allowing patients to grow medical marijuana (this debate was 6 hours and 14 min. in the House alone!), requiring all hospitals to offer emergency contraception (Plan B) for all victims of sexual assault, requiring the reporting of a lost or stolen firearm within 72 hours, and prohibiting the disruption of a funeral.

    Ultimately, despite the bumpy session and with some major issues continuing to be ironed out, a lot of major legislation was passed before the stroke of midnight on June 6. While many legislators said in the beginning of the session they hoped the supermajority would not have to come into play this session, most thought that the Dems at least had the muscle if they needed it. As it turns out, the Dems were successful in one case where they chose to override the Governor's veto for the DSS Waiver bill.

    With more than 150 bills still requiring the Governor's signature, we'll keep on the watch for the test of the supermajority power. It will be interesting to see if it plays out before the final two-year spending plan and revenue package gets put in place. As they say, its not always easy being in charge.


    Newly passed legislation

    According to the joint rules of the legislature, after a bill is passed by both the House and Senate during session, the Governor has 5 calendar days, exclusive of Sundays and holidays, from when a bill is presented to sign or veto the bill. After session has adjourned, the bill becomes a law unless the Governor vetoes the bill within 15 calendar days after presentment. It takes at least 2/3 of the members of each house to override the Governor's veto. The Democrats currently have the numbers to do so in both chambers.

    As the House and Senate pass bills, S&L will continue to post the bills that are of interest to our clients that have been signed into law and become public acts (PA) or special acts (SA), or vetoed, by Governor Rell. For a list of bills passed, but not yet acted upon by the Governor, please click the link below.

    PA 07-94 (SB 1017) AN ACT CONCERNING THE EMERGENCY PLANS OF OPERATIONS OF SHORELINE COMMUNITIES AND THE DESIGNATION OF LIQUEFIED NATURAL GAS HAZARD AND SECURITY ZONES

    PA 07-95 (HB 5069) AN ACT CONCERNING THE COLLECTION OF MUNICIPAL WATER AND SANITATION CHARGES THROUGH THE USE OF TAX WARRANTS

    PA 07-96 (HB 5496) AN ACT REGULATING LIMITED BENEFIT MEDICAL PLANS

    PA 07-100 (HB 6396) AN ACT CONCERNING THE USE OF CLEANING PRODUCTS IN STATE BUILDINGS

    PA 07-101 AN ACT CONCERNING MEDICAID BILLING PRACTICES FOR FEDERALLY QUALIFIED HEALTH CENTERS

    PA 07-102 (HB 7040) AN ACT CONCERNING RESUBDIVISIONS AND CLARIFYING CONSIDERATIONS OF INLAND WETLANDS DECISIONS BY PLANNING AND ZONING COMMISSIONS

    PA 07-103 (HB 7155) AN ACT CONCERNING A PROFESSIONAL ASSISTANCE PROGRAM FOR HEALTH CARE PROFESSIONALS

    PA 07-105 (HB 7194) AN ACT CONCERNING THE EXPANSION OF THE ANIMAL POPULATION CONTROL PROGRAM

    PA 07-110 (SB 1093) AN ACT CONCERNING THE STATE BUILDING CODE

    PA 07-113 (SB 1214) AN ACT CONCERNING POSTCLAIMS UNDERWRITING

    PA 07-114 (SB 1354) AN ACT CONCERNING THE APPOINTMENT OF THE COMMISSIONER OF EDUCATION

    PA 07-119 (HB 7089) AN ACT CONCERNING SUPERVISING PHYSICIANS FOR PHYSICIAN ASSISTANTS


    It's overtime in Hartford
    capitol

    As the final bells tolled on Wednesday, June 6 and the clock struck midnight, the usual cheers that session had come to an end were instead replaced by deep sighs. Just before the clock ran out, both chambers officially decided what most already knew - special session is a go.

    While a formal session day has not yet been called, backroom budget talks are still ongoing - or some might say hitting a brick wall. As the clock ticks away toward the official end of the current budget at midnight on June 30, the Governor has requested state agencies to prepare contingency plans. If leaders cannot come to a budget agreement by June 30, state government could come to a standstill. Not since the "year of the income tax" and the "year of the state layoffs" has state government had to deal with such what ifs.

    So in the "year of the great surplus", many inside the Capitol and outside the Capitol wonder how it could come to this. Nonetheless, no matter how long negotiations may take, the team at Sullivan & LeShane will continue to bring you all of the details of special session and the debate on the budget.

    Below is a report card of the bills to date that Sullivan & LeShane has watched and lobbied for our clients:

    Number of bills signed by Governor: 84

    Number of bills awaiting Governor's signature: 75

    Number of bills we actively lobbied: 269

    Total number of bills we worked on: 1674

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