Ken Dixon's Blog-O-Rama

Connecticut politics is a contact sport

2013 session ends with hugs, not a whimper

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By Ken Dixon

HARTFORD – The 2013 legislative session roared to a close early this morning, with flurries of late-breaking bills in the House and Senate before the 12:01 a.m. deadline, then a cascade of cheers and hugs in the House.

The long, budget-setting session officially began in January, but it stretched back to November, when a huge budget deficit forced Democrats and Republicans to come together and craft special legislation.

The December 14 massacre added a stark urgency and was a major legislative session unto itself until the early April gun reforms were completed and lawmakers began to concentrate on drafting a two-year budget that faced a multi-billion-dollar deficit.

When it came time to finalize a budget, Republicans and Democrats took their separate corners, the latter group with their governor, where they skirted the state spending cap to remove $6.4 billion out of the two-year, $43.8 billion budget.

The move angered minority Republicans, but in the waning moments of the House and Senate Wednesday night, they worked together to punch through dozens of bills.

In the House alone, 19 bills were put on a list for unanimous consent just before the midnight deadline. By 12:30 a.m. Gov. Dannel P. Malloy walked to the House podium for an address to a joint gathering of the House and Senate.

Malloy was complimentary during a 7-minute speech in the packed House chamber.

“No budget is perfect, but let’s be clear, this budget gets the big things right,” Malloy said. “This budget was done on time. This budget refuses to kick the can down the road and properly funds our state pension obligation, saving us billions of dollars over the next 20 years.”

He began remarks recalling the Sandy Hook School shootings.

“It seems hard to believe that more than five months have passed since this legislative session began,” he said. “I think back to that cold day in January when we came together to begin our work, all of us reeling from the worst tragedy we could possibly imagine. Make no mistake about it, the bipartisan gun violence prevention bill that we passed will make our state safer.”

 

kdixon@ctpost.com; 860-549-4670; twitter.com/KenDixonCT; facebook.com/kendixonct.hearst; blog.ctnews.com/dixon

Categories: General

Whiskered little fellow in OPM implementer could result in money loss for Danbury

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Continuing the Blog-o-rama’s late night Rat Patrol, those little slices of special interest legislation buried deep in the legislation that will trigger the new $44 billion budget on July 1:

“Section 381 allows residents of Danbury who failed to file a request to the (state Office of Policy and Management) OPM to reconsider property tax exemption denials for the assessment year beginning October 1, 2006 to file such a request. To the extent this results in an increase in property tax exemptions in the City of Danbury, the City would experience a revenue loss.

Categories: General

Bridgeport Adult Ed will get more money in the new budget

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This from the OPM implementer now under discussion in the state Senate with 45 mins left in the session:

“Sections 172 and 173 establish new adult education programs. Funding of $1. 2 million is provided in HB 6704, for both FY 14 and FY 15 for adult education programs.   This includes $500,000 each for New Haven and Bridgeport Adult Education to provide additional instructional services including but not limited to technology, soft technical skills, counseling, literacy and numeracy; and $200,000 for Literacy How.”

Categories: General

Robed Rat$. Judges will get 5-plus % pay hikes

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This from the rodentia depths (section 240) of the OPM implementer, finds pay hikes for state judges. Superior Court judges currently make about $147,000. Supreme Court judges make $162,520 and Appellate judges collect $160,722.

“JUDICIAL COMPENSATION

● Increases salaries for judges, family support magistrates, family support referees, and judge trial referees by 5. 3% in FY14 and FY15.

● Increases by 5. 3% the additional amounts that certain judges receive for performing certain administrative duties.

● Increases salaries of workers’ compensation commissioners and probate court judges whose salaries are determined in relation to a Superior Court judge’s salary (CGS §§ 31-277 & 45a-95a)”

Categories: General

Rat Patrol in the OPM implementer: Mixed Martial Arts, a minor tweak?

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This off-putting disclaimer, put in the OPM implementer that just passed the House and is Senate-bound, is a fix for the MMA bill that won final approval in the Senate tonight and heads to Governor Malloy’s desk:

“MIXED MARTIAL ARTS (MMA)

● Makes anyone who contracts with a person to compete in a MMA match liable for any health care costs the competitor incurs for injury or illness resulting from participating.”

Categories: General

Early morning lightning. Senate, House approve Sandy Hook/FOIA bill is 45 minutes

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By Ken Dixon

HARTFORD – In a dramatic conclusion to days of negotiations and controversy over access to public records in the aftermath of the Newtown school massacre, lawmakers early this morning approved legislation to make all murder-scene video and photos private and to embargo the December 14 radio recordings of police describing the dead at Sandy Hook Elementary School.

As families of the Newtown victims looked on in the hushed Senate chamber, Senate President Pro Tempore Donald E. Williams Jr. and Senate Minority Leader John McKinney said the bill, brokered among lawmakers and Gov. Dannel P. Malloy’s staff, is their best effort to balance the public’s right to know with the desire to protect the families from the release of graphic depictions of the 20 dead children and six adults at Sandy Hook Elementary School.

The recording embargo does not include the 9-1-1 recordings of the December 14 murders, nor does it allow the Newtown town clerk to withhold death certificates as she has since the slaughter and which would have been allowed in an early draft of the bill.

The identities of minor child witnesses will be redacted from the final report of the crime, as well. The embargo on the police recordings will end on May 7 of next year.

The bill started in the Senate at 1:17 a.m. and was approved 33-2 17 minutes later. The House immediately took up the bill. Three House members who represent Newtown, Rep. DebraLee Hovey, Rep. Dan Carter and Rep. Mitch Bolinsky, spoke briefly and by 2 a.m., the legislation was approved, heading to the governor’s desk for his signature.  The legislative session ends at midnight Wednesday.

“We have tried our best as Democrats and Republicans to work together to protect the interest of these families, these relatives sitting behind me, while honoring our tradition of being as free and open democracy,” said Williams, D-Brooklyn.

“The intent of what we’re doing here is very clear: that the public disclosure of an image of a brutally murdered child or spouse or sibling would cause emotional harm and violate the personal privacy of the parents and other surviving family members,” McKinney said.

“One does not need to see the photos to understand the unwarranted pain and anguish it would cause a parent or other family member to see such photos published and appear on the Internet every time someone searches ‘Sandy Hook’ or ‘school shooting,’ particularly in this case when we know who the perpetrator was and that he is deceased and where there is no legitimate claim of official misconduct there can be no public interest that would require the disclosure of such intensely painful pictures,” McKinney. “In this case it is our clear intent that the privacy interests of the victims and their families out weighs any public interest in the disclosure of the photos of the Sandy Hook victims. This is a narrow protection offered in this bill and it is not unusual or novel.”

The bill uses federal guidelines as the template for the suppression of the photographic evidence of the carnage.

The crux of the bill was one paragraph, sealing all murder photos: “Any record created by a law enforcement agency or other federal, state, or municipal governmental agency consisting of a photograph, film, video or digital or other visual image depicting the victim of a homicide, to the extent that such record could reasonably be expected to constitute an unwarranted invasion of the personal privacy of the victim or the victim’s surviving family members.”

In the House, Rep. Stephen Dargan, D-West Haven and Rep. Peter Tercyak, D-New Britain voted against the bill, which had 110 co-sponsors and was immediately transmitted to the governor for his signature.

In the Senate, opponents to the legislation included Sen. Anthony Musto, D-Trumbull and Sen. Ed Meyer, D-Guilford.

Musto, co-chairman of the Government Administration & Elections Committee, said that while he feels sorry for the families’ horrific losses, he opposes keeping information private.

“I voted no because I think the presumption should be in favor of the government telling the people what’s going on, no matter how horrific the results,” Musto said. “I feel like a government shouldn’t be keeping evidence of a crime secret and the presumption should always be in favor of disclosure unless the government can provide a compelling reason for keeping information confidential. The families in Newtown have all of our sympathies and support, but we can’t keep these things secret. What we should be doing is punishing the people who misuse it, who harass the families or use the images for malicious reasons. To block public access to information is I think contrary to the way government should act toward citizens.”

Malloy, in a statement issued at 2:30 a.m., Wednesday, said he commended the lawmakers for coming to a compromise that respects the grieving families.

“My goal with this legislation was to provide some measure of protection for the families affected by the tragedy at Sandy Hook Elementary School,” Malloy said. “But the fact is, all families have a right to grieve in private.  Those who lose loved ones to violence have a right to protect themselves against further anguish. This is a difficult issue, requiring all of us to balance deeply held beliefs and important public policy values.”

The bill includes a task force to study and make recommendations by next January 1 on victim’s privacy. The panel will include the legislative leaders, the executive director of the state Freedom of Information Commission, an appointee from the Connecticut Council of Freedom of Information, the chief state’s attorney, the chief public defender, the victim advocate, the commissioner of emergency services and public protect protection, two appointees of the governor, a professor of constitutional law and four members appointed by the Connecticut Society of Professional Journalists.

 

kdixon@ctpost.com; 860-549-4670; twitter.com/KenDixonCT; facebook.com/kendixonct.hearst; blog.ctnews.com/dixon

Categories: General

Here’s the Newtown FOIA Bill

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AN ACT MAKING TECHNICAL CHANGES TO THE STATUTE CONCERNING ACCESS TO PUBLIC RECORDS. ”

Strike everything after the enacting clause and substitute the following in lieu thereof:

“Section 1. Subdivision (3) of subsection (b) of section 1-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date):

(3) Records of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of (A) the identity of informants not otherwise known or the identity of witnesses not otherwise known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known, (B) the identity of minor witnesses, (C) signed statements of witnesses, [(C)] (D) information to be used in a prospective law enforcement action if prejudicial to such action, [(D)] (E) investigatory techniques not otherwise known to the general public, [(E)] (F) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes, [(F)] (G) the name and address of the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under section 53-21, or of an attempt thereof, or [(G)] (H) uncorroborated allegations subject to destruction pursuant to section 1-216;

Sec. 2. Subsection (b) of section 1-210 of the general statutes is amended by adding subdivision (27) as follows (Effective from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date):

(NEW) (27) Any record created by a law enforcement agency or other federal, state, or municipal governmental agency consisting of a photograph, film, video or digital or other visual image depicting the victim of a homicide, to the extent that such record could reasonably be expected to constitute an unwarranted invasion of the personal privacy of the victim or the victim’s surviving family members.

Sec. 3. (NEW) (Effective from passage, and applicable to all requests for records under chapter 14 of the general statutes pending on or made on or after said date) Notwithstanding any provision of the general statutes or any special act, a law enforcement agency shall not be required to disclose that portion of an audio tape or other recording where the individual speaking on the recording describes the condition of a victim of homicide, except for a recording that consists of an emergency 9-1-1 call or other call for assistance made by a member of the public to a law enforcement agency. This section shall apply to any request for such audio tape or other recording made on or before May 7, 2014.

Sec. 4. (Effective from passage) (a) There is established a task force to consider and make recommendations regarding the balance between victim privacy under the Freedom of Information Act and the public’s right to know.

(b) The task force shall consist of the following members:

(1) The executive director of the Freedom of Information Commission;

(2) A person appointed by the Connecticut Council of Freedom of Information;

(3) The Chief State’s Attorney;

(4) The Chief Public Defender;

(5) The Victim Advocate;

(6) The Commissioner of Emergency Services and Public Protection;

(7) Two persons appointed by the Governor, one of whom shall represent a crime victim advocacy organization, and one of whom shall be a representative of municipal law enforcement;

(8) A professor of constitutional law who is recommended jointly by the deans of the schools of law of Yale, Quinnipiac University and The University of Connecticut;

(9) Four persons appointed by the Connecticut Society of Professional Journalists, one each representing television, radio, print and electronic media;

(10) The president pro tempore of the Senate, or a member of the General Assembly designated by the president pro tempore;

(11) The speaker of the House of Representatives, or a member of the Black and Puerto Rican Caucus of the General Assembly designated by the speaker;

(12) The minority leader of the Senate, or a member of the General Assembly designated by said minority leader; and

(13) The minority leader of the House of Representatives, or a member of the General Assembly designated by said minority leader.

(c) All appointments to the task force shall be made not later than July 1, 2013. Any vacancy shall be filled by the appointing authority.

(d) The speaker of the House of Representatives and the president pro tempore of the Senate shall select the two chairpersons of the task force from among the members of the task force. Such chairpersons shall schedule the first meeting of the task force, which shall be held not later than August 1, 2013, and additional meetings at least monthly thereafter through December 2013.

(e) Not later than January 1, 2014, the task force shall submit a report on its findings and recommendations to the majority and minority leadership of the Connecticut General Assembly. The task force shall terminate on the date that it submits such report or January 1, 2014, whichever is later. ”

 

Categories: General

Malloy signs “auto glass” bill, finalizes interstellar lobbying fight between former speakers of the House

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Here’s the link to the story I wrote on a couple weeks ago about the inside battle over contracting out auto-glass replacements. Plug it into your browser and dream of political Star Wars. Gov. Dannel P. Malloy announced today that he signed the bill.

 

http://www.ctpost.com/default/article/Political-heavyweights-battle-in-Hartford-4547213.php

 

 

Categories: General
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