| No Luck About It |
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It seems like a strange time to begin talking about
campaigns again, but with only a few weeks
remaining until local town committees nominate their
local candidates, Governor Rell has signed legislation
that will take the luck out of politics.
Since Connecticut's leaders pulled the state
constitution out of the Charter Oak, it has been
common practice to decide a tied election using a
coin toss. Well, maybe not that long ago, the
Secretary of State tells us it was actually formally
enacted in 1955. It is unclear how many times this
method has been used throughout history, but we
know for certain that this luck of the toss was
instrumental in changing the face of CT politics
in the 70's and was utilized again just recently in
the 2006 elections.
Infamous former Speaker of the House Irv Stolberg (D-
New Haven) was first elected in a primary in 1971
by winning a coin toss. During his time in office,
Stolberg chaired the Finance, Revenue & Bonding
Committee. He held the coveted position of Speaker
of the House for two terms in '85-'86 and then again
when the Dem's took back control of the House in '89-
'90. He then went on to be Speaker-at-Large in '91
and '93 prior to retiring. His biggest legacy is what is
now called the LOB (Legislative Office Building) and
the modern day legislature complete with full time
staff and a budget, now at $36 billion, to manage and
operate the state legislature. All of that from one lucky
flip!
The most recent use of the coin toss was in
2006. Two Democratic candidates for the 41st
House Seat, Elissa Wright and Rita Schmidt, were
neck and neck going into primary day. When all was
said and done, each candidate managed to earn 457
votes. The election was dead even and something
had to be done to break the tie. Political scholars
studied the issue and found that the matter was to be
decided by a coin toss (or in other words: luck). In the
end, Elissa Wright came out the winner as the Charter
Oak Quarter lands tails up.
Even though a dead even race is a rarity in the political
world, it seems to be occurring more frequently. More
and more races are being won by the narrowest of
margins, with the 2000 presidential race being the
most famous example in recent history, or even the
2nd Congressional district race in 2006
where now Congressman Joe Courtney defeated
former Congressman Rob Simmons by a mere 83
votes. In the 2006 elections in CT, there was one race
decided within one vote and several more under 20.
In Connecticut, there is an automatic recount
triggered if the margin of votes between the
winner and loser is less than 20 votes and/or less
than one half of one percent of all ballots cast.
But luck will not prevail here in Connecticut any
longer. Governor Rell signed a bill recently that would
require a special run-off election to be held in
the case of a tie, whether it is a primary or general
election. This law would also apply to statewide
elections as well. Previously, when candidates
running for statewide office tied, the General
Assembly picked a winner.
It is a benefit to all of Connecticut's citizens that the
choosing of our elected officials will no longer be left
up to lucky coin tosses. The power will reside where it
is meant to be - in the voters' hands. Some may say
that if more residents got out to vote then maybe this
new law may not have been needed!
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| Six vetoes of separation |
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This week, Governor Rell offered her sixth veto
on HB 7338 AAC the Implementation of Generally
Accepted Accounting Principles (GAAP). As its title
implies, this bill may not be as "sexy" as some of the
other recently vetoed issues such as the legalization
of marijuana for patients with prescriptions or offering
in-state tuition to illegal immigrants. Nonetheless, the
issue is still important as it illustrates the eye for detail
that the administration must have when sifting through
mounds of passed bills.
The intended purpose of the bill according to the
Governor was, "to allow both the Office of the
Comptroller and the Office of Policy and Management
greater flexibility with regard to the preparation of the
annual state budget." However, rather than limiting
that authority to the preparation of the state budget, the
language as drafted was much broader.
Essentially, the bill could allow the state comptroller to
prepare financial statements in whatever manner he
or she saw fit, rather than following GAAP guidelines,
the industry standard. "There is no doubt our State
Comptroller [Nancy Wyman] does not intend to
deviate from GAAP for financial reporting
purposes, but there is nothing in HB 7338 that would
prevent a future Comptroller from doing so," said the
Governor in her veto statement.
While Governor Rell vetoed this piece of legislation,
she did articulate that she is more than willing to the
support the original intention of the bill. While
the Governor has a slew of attorneys, commissioners,
and staff members who help review the mountains of
legislation that reach her desk, she too scrutinizes
every bill. Clearly, even when the issue is not big and
controversial, sometimes big problems can arise
from even the smallest, overlooked, or even
unintentional, sections of bills. Looks like the
Governor caught the problem this time; just 44 bills
left to inspect. We'll see if the rest of the bunch will
make the grade.
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| Newly passed legislation |
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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.
The Governor signed the following regular session
bills:
PA 07-170 (SB 1249) AN ACT CONCERNING TAX
ABATEMENTS FOR PROPERTY CONVEYED TO A
NONPROFIT LAND CONSERVATION ORGANIZATION
PA 07-173 (HB 7025) AN ACT CONCERNING CIVIL
PREPAREDNESS
PA 07-176 (HB 7210) AN ACT CONCERNING THE
PREVENTION OF ABUSIVE AND DECEPTIVE DEBT
COLLECTION PRACTICES
PA 07-177 (HB 7231) AN ACT INCLUDING ON-
BOARD OIL REFINING SYSTEMS IN THE DEFINITION
OF LOCAL CAPITAL IMPROVEMENT PROJECTS
PA 07-178 (HB 7263) AN ACT CONCERNING THE
HEALTH CARE CENTERS AND INSOLVENCY
PROTECTION
PA 07-179 (SB 429) AN ACT CONCERNING LAW
ENFORCEMENT AND FIRE RESCUE VESSELS
PA 07-180 (SB 703) AN ACT CONCERNING FIRE
SAFE CIGARETTES
PA 07-185 (SB 1484) AN ACT CONCERNING THE
HEALTHFIRST CONNECTICUT AND HEALTHY KIDS
INITIATIVES
PA 07-189 (HB 7249) AN ACT CONCERNING THE
COLLECTION AND RECYCLING OF COVERED
ELECTRONIC DEVICES
PA 07-191 (SB 1213) AN ACT CONCERNING THE
FINANCIAL SECURITY REQUIREMENT FOR
PREFERRED PROVIDER NETWORKS
PA 07-192 (SB 1258) AN ACT CONCERNING
UNDERGROUND STORAGE TANKS
PA 07-197 (SB 66) AN ACT EXPANDING INSURANCE
COVERAGE FOR SPECIALIZED FORMULAS FOR
CHILDREN
PA 07-198 (SB 1172) AN ACT CONCERNING
WHOLESALE BEER PRICE POSTING AND
MODIFYING BEER PACKAGING FOR CONSUMPTION
ON AND OFF PREMISES
PA 07-199 (SB 1392) AN ACT CONCERNING THE
DIESEL FUEL TAX
PA 07-200 (SB 74) AN ACT REQUIRING THE
REGISTRATION OF PHARMACY BENEFITS
MANAGERS
PA 07-201 (SB 145) AN ACT CONCERNING THE
FILING OF CERTAIN STATEMENTS OF FINANCIAL
INTEREST AND ESTABLISHING A TASK FORCE TO
STUDY THE RECOMMENDATIONS OF THE OFFICE
OF STATE ETHICS CONCERNING MUNICIPAL
ETHICS
PA 07-203 (SB 761) AN ACT CONCERNING
REIMBURSEMENT FOR PAYMENTS MADE BY THE
DEPARTMENT OF CHILDREN AND FAMILIES FOR
THE CARE OF A CHILD
PA 07-204 (SB 848) AN ACT CONCERNING LOANS
TO MUNICIPALITIES TO FULLY FUND PENSION
SYSTEMS
PA 07-207 (SB 1054) AN ACT CONCERNING THE
DEFINITION OF DETERIORATING AND
DETERIORATED PROPERTY IN REDEVELOPMENT
AREAS, REFERRAL OF STATEMENTS OF
COMPENSATION TO THE OMBUDSMAN FOR
PROPERTY RIGHTS, A STUDY OF THE
CALCULATION OF LOST GOOD WILL FOR
RELOCATION ASSISTANCE FOR DISPLACED
BUSINESSES AND COMPENSATION FOR OUTDOOR
ADVERTISING STRUCTURES
PA 07-208 (SB 1110) AN ACT CONCERNING
SECURITY ASSESSMENTS AND ASSISTANCE FOR
SCHOOLS AND EMERGENCY RESPONSE PLANS
FOR INSTITUTIONS OF HIGHER EDUCATION
PA 07-209 (HB 5639) AN ACT CONCERNING THE
CLOSING OF A LONG-TERM CARE FACILITY
PA 07-210 (HB 6897) AN ACT CONCERNING
LIQUIDATED DAMAGES PROVISIONS IN
CONTRACTS AND REQUESTS FOR MORTGAGE
PAYOFF STATEMENTS
PA 07-211 (HB 6988) AN ACT UPDATING THE
SOCIAL SECURITY RETIREMENT AGE TO REFLECT
FEDERAL CHANGES AND CONCERNING A
RETIREMENT ANNUITY PROGRAM FOR MUNICIPAL
EMPLOYEES
PA 07-212 (SB 739) AN ACT CONCERNING THE
NEW MOTOR VEHICLE LEMON LAW
PA 07-215 (HB 7204) AN ACT CONCERNING THE
ENFORCEABILITY OF AUTOMATIC CONTRACT
RENEWAL PROVISIONS
PA 07-219 (HB 5751) AN ACT ESTABLISHING A
PILOT FAMILY NURSE PRACTITIONER TRAINING
PROGRAM
PA 07-220 (SB 1277) AN ACT CONCERNING
TOURISM DISTRICT REPRESENTATION AND THE
CONNECTICUT MUSIC HALL OF FAME
PA 07-253 (HB 7182) AN ACT CONCERNING
CERTIFIED COMPETITIVE VIDEO SERVICE
The Governor vetoed the following bill:
PA 07-229 (HB 7338) AN ACT CONCERNING THE
IMPLEMENTATION OF GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES (GAAP)
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Almost to the finish line |
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After a slow holiday week at the Capitol, legislators
are gearing up to finish the special session. While
the budget and several budget implementers were
voted on by the legislature and signed by Governor
Rell just before the holiday break, the bonding
package and transportation budget implementer
still need to be hammered out.
The rumor is that the legislature will take up these
items the week of the 23rd. They will also be counting
heads to see if they have the votes to override
the Governor's most recent vetoes. The vetoed
bills include the controversial legislation legalizing
marijuana for patients with prescriptions and
another bill that would offer in-state tuition to
illegal immigrants for CT state colleges and
universities.
In the meantime, here's a breakdown of where things
are at:
Total number of bills signed by Governor to date:
229
Total number of bills vetoed: 6
Total number of vetoes overridden: 1
Total number of bills left to be acted upon: 44
Total number of bills S&L lobbied/monitored still to be
acted upon: 31
The Sullivan & LeShane team will continue to keep
you up to date as things wind down in special session
and as we prepare for the 2008 session that is just
around the corner!
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