Connecticut Seal

Substitute Senate Bill No. 478

Public Act No. 04-219

AN ACT ENHANCING THE PROTECTION AND SECURITY OF THE CITIZENS OF CONNECTICUT BY ESTABLISHING THE DEPARTMENT OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 4-5 of the general statutes, as amended by section 4 of public act 03-84, section 2 of public act 03-217 and sections 146, 147 and 241 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

As used in sections 4-6, 4-7 and 4-8, the term "department head" means Secretary of the Office of Policy and Management, Commissioner of Administrative Services, Commissioner of Revenue Services, Banking Commissioner, Commissioner of Children and Families, Commissioner of Agriculture and Consumer Protection, Commissioner of Correction, Commissioner of Economic and Community Development, State Board of Education, Commissioner of Emergency Management and Homeland Security, Commissioner of Environmental Protection, Commissioner of Public Health, Insurance Commissioner, Labor Commissioner, Liquor Control Commission, Commissioner of Mental Health and Addiction Services, Commissioner of Public Safety, Commissioner of Social Services, Commissioner of Mental Retardation, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Commissioner of Health Care Access, Chief Information Officer, the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind and the executive director of the Connecticut Commission on Arts, Tourism, Culture, History and Film.

Sec. 2. Section 4-38c of the general statutes, as amended by sections 146 and 148 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

There shall be within the executive branch of state government the following departments: Office of Policy and Management, Department of Administrative Services, Department of Revenue Services, Department of Banking, Department of Children and Families, Department of Agriculture and Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Management and Homeland Security, Department of Environmental Protection, Department of Public Health, Board of Governors of Higher Education, Insurance Department, Labor Department, Department of Mental Health and Addiction Services, Department of Mental Retardation, Department of Public Safety, Department of Social Services, Department of Transportation, Department of Motor Vehicles, Department of Veterans' Affairs, Department of Public Works and Department of Public Utility Control.

Sec. 3. Subsection (d) of section 5-182 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(d) Any employee of the radiological maintenance and calibration facility shall be credited for retirement purposes under this chapter with his period of full-time service commencing with the date upon which such employee began work at said facility under individual contract with the [Director] Commissioner of Emergency Management and Homeland Security upon payment into the State Employees Retirement Fund of such contributions as he would have paid if he had been a state employee during the period of such service and his salary for such service had been paid by the state, with five per cent interest on such contribution from the date of his entry into such service to the date of payment.

Sec. 4. Subsection (d) of section 5-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(d) The term of employment in state service shall be construed to include, in the case of an employee of the radiological maintenance and calibration facility, the term of his service from the date upon which he began work at said facility under individual contract with the [Director] Commissioner of Emergency Management and Homeland Security, upon receipt of data satisfactory to the Commissioner of Administrative Services showing the time such employee worked for said facility. All records of the state which show the length of service in the employment of the state of any employee of said facility shall be maintained to show the length of such service and the total time of state service.

Sec. 5. Section 7-521 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) There is established a Local Emergency Relief Advisory Committee comprised of: The Secretary of the Office of Policy and Management, the Commissioner of Administrative Services, the Commissioner of Transportation, the Commissioner of Public Safety, the Adjutant General of the Military Department, and the [director] Commissioner of [the Office of] Emergency Management and Homeland Security, or their designees; the president pro tempore of the Senate, the minority leader of the Senate, the speaker of the House of Representatives, and the minority leader of the House of Representatives, or their designees; a member of the Senate who shall be appointed by the president pro tempore of the Senate and a member of the House of Representatives who shall be appointed by the speaker of the House of Representatives.

(b) The [Secretary of the Office of Policy and Management] Commissioner of Emergency Management and Homeland Security shall serve as the chairman of the Local Emergency Relief Advisory Committee. The committee may adopt such bylaws and guidelines and shall adopt such eligibility standards as it deems advisable to carry out the purposes of sections 7-520 to 7-522, inclusive. The Local Emergency Relief Advisory Committee shall not be deemed to be an agency for the purposes of chapter 54.

Sec. 6. Subsection (b) of section 16-32e of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(b) Not later than June 1, 1996, and every five years thereafter, each public service company, as defined in section 16-1, as amended, each telecommunications company, as defined in said section, that installs, maintains, operates or controls poles, wires, conduits or other fixtures under or over any public highway for the provision of telecommunications service authorized by section 16-247c, and each municipal utility furnishing electric, gas or water service shall file with the Department of Public Utility Control, the [Office] Department of Emergency Management and Homeland Security and each municipality located within the service area of the public service company, telecommunications company or municipal utility an updated plan for restoring service which is interrupted as a result of an emergency. except no such plan shall be required of a public service company or municipal utility that submits a water supply plan pursuant to section 25-32d, as amended. Plans filed by public service companies and municipal utilities furnishing water shall be prepared in accordance with the memorandum of understanding entered into pursuant to section 4-67e. Not later than September 15, 1996, and every five years thereafter, the Department of Public Utility Control may conduct public hearings on such plans and, in consultation with the [Office] Department of Emergency Management and Homeland Security, the Department of Public Health and the joint standing committee of the General Assembly having cognizance of matters relating to public utilities, revise such plans to the extent necessary to provide properly for the public convenience, necessity and welfare. If the Department of Public Utility Control revises the emergency plan of a public service company, telecommunications company or municipal utility, such company or municipal utility shall file a copy of the revised plan with each municipality located within the service area of the company.

Sec. 7. Subsection (b) of section 16a-13b of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(b) In exercising the responsibilities under subsection (a) of this section, the secretary shall consult with the [Office] Department of Emergency Management and Homeland Security, the Department of Public Safety, the Department of Public Utility Control, the Department of Transportation and such other state agencies as the secretary deems appropriate. Each state agency shall assist the secretary in carrying out the responsibilities assigned by sections 16a-9 to 16a-13d, inclusive.

Sec. 8. Subsection (c) of section 16a-106 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(c) The Commissioner of Transportation shall, not later than November 1, 1976, and after consultation with the Commissioners of Environmental Protection, [and] Public Safety and Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, [the director of emergency management and] representatives of the federal Nuclear Regulatory Commission and the United States Department of Transportation, adopt regulations pursuant to chapter 54, to carry out the provisions of this section. The Commissioner of Transportation shall, after consultation with the Commissioner of Public Safety, establish by regulations adopted pursuant to chapter 54 a permit fee schedule commensurate with the cost of administering the provisions of this section.

Sec. 9. Subsection (a) of section 22a-601 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) There is established a Connecticut Emergency Response Commission which shall be within the Department of Environmental Protection. The commission shall consist of nineteen members as follows: The Commissioners of Environmental Protection, Emergency Management and Homeland Security, Public Safety, Public Health and Transportation, the Labor Commissioner, the Secretary of the Office of Policy and Management, the Adjutant General of the Military Department, [the director of the Office of Emergency Management,] the State Fire Marshal and the State Fire Administrator, or their designees, and nine members appointed by the Governor, four of whom shall represent the public, three of whom shall represent owners or operators of facilities, one of whom shall be the fire chief of a municipal fire department whose employees are compensated for their services and one of whom shall be the fire chief of a volunteer fire department. Members of the commission appointed by the Governor shall serve for two years. The Governor shall fill any vacancy in the office of an appointed member for the unexpired portion of the term. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The chairperson of the commission shall be appointed by the Governor and shall serve at his pleasure.

Sec. 10. Section 22a-603 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

The [director of the Office] Commissioner of Emergency Management and Homeland Security shall implement the state emergency planning activities required pursuant to the Emergency Planning and Community Right-to-Know Act.

Sec. 11. Section 27-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

The Adjutant General shall make such returns and reports to such officers as may be prescribed by the Department of Defense in regulations pertaining to the National Guard and naval militia, at such times and in such form as may, from time to time, be prescribed. The Adjutant General shall keep a record of all officers and enlisted personnel and shall also keep in the office all records and papers required by law or regulations to be filed therein. The Adjutant General is charged, in all matters pertaining to the command, discipline or administration of the military establishment of this state, with the duty of recording, authenticating and communicating to troops and individuals in the military service of this state all orders, instructions and regulations issued by order of the Governor for the National Guard, naval militia and organized militia and by the Secretary of Defense for the National Guard and the naval militia; of preparing and distributing commissions; of compiling and issuing the register of the National Guard, naval militia and organized militia; of conducting internal audits and investigations; of organizing and coordinating the participation of the organized militia in military and civic ceremonies; of organizing and coordinating inaugurals; and of managing the recruiting for the National Guard, naval militia and organized militia. In event of emergency use of the militia and with the approval of the Governor, the Adjutant General may be disbursing officer of all funds appropriated by the General Assembly for the expense of the office of the Adjutant General. The Adjutant General may make such regulations pertaining to the preparation and rendering of reports and returns and to the care and preservation of public property as in the Adjutant General's opinion the conditions demand, such regulations to be operative and in force when promulgated in the form of general orders, circulars or circular letters. The Adjutant General shall have charge and care of all state military property and all United States military property issued to the state of Connecticut, and shall cause to be kept an accurate and careful account of all receipts and issues of the same. The Adjutant General shall require to be kept a careful memorandum of all public military property on hand in the state arsenal or storehouses and in the possession of the several organizations of the military forces of the state and shall guard such property against injury and loss to the greatest extent possible. The Adjutant General shall require each accountable and responsible officer of the state military forces to account for any deficiency in public military property in such officer's possession immediately after such deficiency is discovered. The Adjutant General shall cause annual inspections to be made of all public military property and a complete inventory of such property and the places where it is deposited shall be kept. The Adjutant General may adopt a seal for use in the office of the Adjutant General. The Adjutant General shall require that each unit of the armed forces of the state be inspected at least twice in each calendar year and issue service medals and service records. The Adjutant General shall, annually, as provided in section 4-60, make a report to the Governor of the strength, condition and equipment of the military and naval forces of the state and of the expenditures of the office since the last annual report. The Adjutant General may enter into contracts for the furnishing by any person or agency, public or private, of services necessary to the proper execution of the duties of the Adjutant General's office subject to the approval of the Attorney General. [The Adjutant General shall have charge of the Office of Emergency Management established under chapter 517. ]

Sec. 12. Section 28-1 of the general statutes, as amended by section 89 of public act 03-278 and section 166 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

As used in this chapter:

[(a)] (1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.

[(b)] (2) "Major disaster" means any hurricane, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of this state which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Federal Disaster Relief Act of 1974, above and beyond emergency services by the federal government, to supplement the efforts and available resources of this state, local governments thereof, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

[(c)] (3) "Emergency" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of this state which requires federal emergency assistance to supplement state and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster.

[(d)] (4) "Civil preparedness" means all those activities and measures designed or undertaken [(1)] (A) to minimize or control the effects upon the civilian population of major disaster, [(2)] (B) to minimize the effects upon the civilian population caused or which would be caused by an attack upon the United States, [(3)] (C) to deal with the immediate emergency conditions which would be created by any such attack, major disaster or emergency, and [(4)] (D) to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack, major disaster or emergency. Such term shall include, but shall not be limited to, [(A)] (i) measures to be taken in preparation for anticipated attack, major disaster or emergency, including the establishment of appropriate organizations, operational plans and supporting agreements; the recruitment and training of personnel; the conduct of research; the procurement and stockpiling of necessary materials and supplies; the provision of suitable warning systems; the construction and preparation of shelters, shelter areas and control centers; and, when appropriate, the nonmilitary evacuation of the civilian population; [(B)] (ii) measures to be taken during attack, major disaster or emergency, including the enforcement of passive defense regulations prescribed by duly established military or civil authorities; the evacuation of personnel to shelter areas; the control of traffic and panic; and the control and use of lighting and civil communication; and [(C)] (iii) measures to be taken following attack, major disaster or emergency, including activities for fire fighting; rescue, emergency medical, health and sanitation services; monitoring for specific hazards of special weapons; unexploded bomb reconnaissance; essential debris clearance; emergency welfare measures; and immediately essential emergency repair or restoration of damaged vital facilities.

[(e)] (5) "Civil preparedness forces" means any organized personnel engaged in carrying out civil preparedness functions in accordance with the provisions of this chapter or any regulation or order thereunder. All the police and fire forces of the state or any political subdivision of the state, or any part of any political subdivision, including all the auxiliaries of these forces, shall be construed to be a part of the civil preparedness forces. The Connecticut Disaster Medical Assistance Team and the Medical Reserve Corps, under the auspices of the Department of Public Health, the Connecticut Urban Search and Rescue Team, under the auspices of the Department of [Public Safety] Emergency Management and Homeland Security, and the Connecticut behavioral health regional crisis response teams, under the auspices of the Department of Mental Health and Addiction Services and the Department of Children and Families, and their members, shall be construed to be a part of the civil preparedness forces while engaging in authorized civil preparedness duty or while assisting or engaging in authorized training for the purpose of eligibility for immunity from liability as provided in section 28-13 and for death, disability and injury benefits as provided in section 28-14. Any member of the civil preparedness forces who is called upon either by civil preparedness personnel or state or municipal police personnel to assist in any emergency shall be deemed to be engaging in civil preparedness duty while assisting in such emergency or while engaging in training under the auspices of the [Office] Department of Emergency Management and Homeland Security, the Department of Public Safety or the state or municipal police department, for the purpose of eligibility for death, disability and injury benefits as provided in section 28-14.

[(f)] (6) "Mobile support unit" means an organization of civil preparedness forces created in accordance with the provisions of this chapter to be dispatched by the Governor or [state director] Commissioner of [emergency management] Emergency Management and Homeland Security to supplement civil preparedness forces in a stricken or threatened area.

[(g)] (7) "Civil preparedness emergency" or "disaster emergency" means an emergency declared by the Governor under the provisions of this chapter in the event of serious disaster or of enemy attack, sabotage or other hostile action within the state or a neighboring state, or in the event of the imminence thereof.

[(h)] (8) "Local civil preparedness emergency" or "disaster emergency" means an emergency declared by the chief executive officer of any town or city in the event of serious disaster affecting such town or city.

[(i)] (9) "Governor" means the Governor or anyone legally administering the office of Governor.

(10) "Commissioner" means the Commissioner of Emergency Management and Homeland Security.

(11) "Department" means the Department of Emergency Management and Homeland Security.

[(j)] (12) "Political subdivision" means any city, town, municipality, borough or other unit of local government.

Sec. 13. Section 28-1a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

[The Office of Emergency Management established under this chapter shall be in the Military Department and shall be the designated civil defense organization for the state. ]

(a) There is established a Department of Emergency Management and Homeland Security, which shall be within the Office of Policy and Management for administrative purposes only. Said department shall be the designated emergency management and homeland security agency for the state. The department head shall be the commissioner, who shall be appointed by the Governor in accordance with the provisions of sections 4-5, as amended by this act, 4-6, 4-7 and 4-8 with the powers and duties prescribed in said sections. The commissioner shall possess professional training and knowledge consisting of not less than five years of managerial or strategic planning experience in matters relating to public safety, security, emergency services and emergency response. No person possessing a record of any criminal, unlawful or unethical conduct shall be eligible for or hold such position. Any person with any present or past political activities or financial interests that may substantially conflict with the duties of the commissioner or expose such person to potential undue influence or compromise such person's ability to be entrusted with necessary state or federal security clearances or information shall be deemed unqualified for such position and shall not be eligible to hold such position. The commissioner shall be the chief administrative officer of the department and shall have the responsibility for providing a coordinated, integrated program for state-wide emergency management and homeland security. The commissioner may do all things necessary to apply for, qualify for and accept any federal funds made available or allotted under any federal act relative to emergency management or homeland security.

(b) With reasonable conformance to applicable federal statutes and administrative regulations of the Federal Emergency Management Agency and the requirements of the Connecticut emergency operations plan, the commissioner shall organize the department and the personnel of the department as may be necessary for the effective discharge of the authorized emergency management, civil preparedness and homeland security missions, including, but not limited to, the provisions of the Connecticut emergency operations plan and the national plan for civil preparedness. Any department personnel may be removed by the commissioner for security reasons or for incompetence, subject to reinstatement by the Employees' Review Board. The commissioner may enter into contracts for the furnishing by any person or agency, public or private, of services necessary for the proper execution of the duties of the department. Any such contract that has a cost of three thousand dollars or more shall be subject to the approval of the Attorney General.

(c) The commissioner shall be responsible for: (1) Coordinating with state and local government personnel, agencies, authorities and the private sector to ensure adequate planning, equipment, training and exercise activities by such personnel, agencies, authorities and the private sector with regard to homeland security; (2) coordinating, and as may be necessary, consolidating homeland security communications and communications systems of the state government with state and local government personnel, agencies, authorities, the general public and the private sector; (3) distributing and, as may be appropriate, coordinating the distribution of information and security warnings to state and local government personnel, agencies, authorities and the general public; and (4) establishing standards and security protocols for the use of any intelligence information.

(d) The commissioner may adopt such regulations, in accordance with the provisions of chapter 54, as necessary to implement the duties of the department.

(e) The commissioner shall, in consultation with the bargaining unit representing state police, enter into an interagency memorandum of understanding with the Department of Public Safety and the Military Department to provide for (1) the assignment and retrenchment rights of state police and employees of the Military Department to work in the department, and (2) interagency information sharing. All such assigned employees shall be under the sole direction of the commissioner.

(f) The functions, powers, duties and, as determined to be necessary by the commissioner, personnel of the Division of Homeland Security within the Department of Public Safety and the Office of Emergency Management within the Military Department shall be transferred to the Department of Emergency Management and Homeland Security in accordance with the provisions of sections 4-38d, 4-38e and 4-39.

Sec. 14. Section 28-4 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

With the approval of the Governor, the [director] commissioner or the commissioner's designee may: [(a)] (1) Represent the state on any regional or interstate organization for civil preparedness and may, on behalf of the state, enter into reciprocal mutual aid arrangements with other states; [(b)] (2) establish and operate such area or district offices as may be necessary to control and coordinate civil preparedness preparations and mutual aid among communities.

Sec. 15. Section 28-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) The [director] commissioner may make studies and surveys of the manpower, industries, resources and facilities of the state to ascertain the capabilities of the state for civil preparedness and to plan for their most efficient use in time of emergency. The [director] commissioner may apply to the superior court for the judicial district of Hartford, or to a judge of said court if the court is not in session, for a subpoena to compel the attendance of witnesses or the production of books, papers, records or documents of individuals, firms, associations or corporations as may be necessary to the effective preparation of the civil preparedness of the state. Said court or such judge shall, before issuing such subpoena, provide adequate opportunity for the [director] commissioner and the party against whom the subpoena is requested to be heard. No such subpoena shall issue unless the court or judge certifies that the attendance of such witness or the production of such books, papers, records or documents is reasonably necessary to the effective preparation of the civil preparedness of the state and that the [director] commissioner has made reasonable efforts to secure such attendance or such books, papers, records or documents without recourse to compulsory process.

(b) The [director shall prepare] commissioner shall direct the preparation of a comprehensive plan and program for the civil preparedness of the state and [shall] integrate and coordinate that plan and program to the fullest extent possible with the civil preparedness plans of the federal government and of other states. When the plan and program has been prepared, the [director] commissioner shall present it to the Governor for his approval. When the Governor approves the plan, all government agencies, state or local, and all civil preparedness forces in the state shall carry out the duties and functions assigned by the plan and program as approved. The plan and program may, from time to time, be amended or modified in like manner. The [director] commissioner shall coordinate the civil preparedness activities of the towns and cities of the state to the end that they shall be fully integrated with the state civil preparedness plan and program.

(c) In accordance with the state civil preparedness plan and program, the [director] commissioner shall institute such training programs and public information programs, [and] shall take all other preparatory steps, including the partial or full mobilization of civil preparedness forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the state civil preparedness plan in time of emergency [. He] and may, from time to time, conduct such practice blackouts or radio silences as may be authorized by the United States Army or its duly designated agency, and [may conduct] such practice air raid alerts or other civil preparedness exercises as [he] the commissioner may deem necessary.

(d) The [director] commissioner shall utilize the personnel, services, equipment, supplies and facilities of existing departments, offices and agencies of the state to the maximum extent possible. The head of each such department, office or agency, in cooperation with and under the direction of the [director] commissioner, shall be responsible for the planning and programming of such activities in the civil preparedness programs as will involve the utilization of the facilities of his department, office, institution or agency and shall implement and carry out such activities whenever necessary for the welfare and safety of the state.

(e) In order to accomplish the purposes of this chapter, the [director] commissioner may make such orders and [the Adjutant General may make] such regulations as may be necessary to develop and implement the civil preparedness plan and program. Subject to the provisions of [sections 4-168 to 4-173, inclusive] chapter 54, all such orders and regulations shall have the full force and effect of law. [Each such order or regulation, when filed with the Secretary of the State, shall be accompanied by a statement of the considerations therefore. If the Attorney General finds that such order or regulation is in conflict with any provision of any existing law, ordinance, rule or regulation, he shall inform the director of this fact. The director may then present such order or regulation to the Governor and to the Joint Committee on Legislative Management for approval. If both the Governor and a majority of the membership of the Joint Committee on Legislative Management approve the order or regulation, it shall be effective on notice, in writing, filed in the office of the Secretary of the State, and any conflicting provisions of any existing law, ordinance, rule or regulation shall be suspended to the extent that such conflict exists, but in no event longer than six months. The Secretary of the State shall, within four days after receipt of such notice, cause the order or regulation so approved to be printed and published in full in at least one issue of a newspaper published in each county and having a general circulation therein, but failure to publish shall not impair the validity of such order. ]

Sec. 16. Subsection (a) of section 28-6 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) All civil preparedness units, forces, facilities, supplies and equipment in the state are deemed to be available for employment as mutual aid or mobile support. They may be ordered to duty by the Governor or [state director] the commissioner only under the conditions defined in subsection (f) of section 28-7 or section 28-9, except that such civil preparedness units, forces, facilities, supplies and equipment may be employed in another state under the conditions specified in subsection (e) of this section.

Sec. 17. Section 28-7 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) Each town or city of the state shall establish a local organization for civil preparedness in accordance with the state civil preparedness plan and program, provided any two or more towns or cities may, with the approval of the [director] commissioner, establish a joint organization for civil preparedness. The authority of such local or joint organization for civil preparedness shall not supersede that of any regularly organized police or fire department. No town or city of the state shall be eligible for any state or federal benefits under this chapter until such town or city has submitted to the [state director of emergency management] commissioner an emergency plan of operations approved by the local director of civil preparedness and the local chief executive which is subsequently approved by [said state director] the commissioner.

(b) Each local organization for civil preparedness shall consist of an advisory council and a director appointed by the chief executive officer. The advisory council shall contain representatives of city or town agencies concerned with civil preparedness and representatives of interests, including business, labor, agriculture, veterans, women's groups and others, which are important to the civil preparedness program in the particular community. The director shall be responsible for the organization, administration and operation of such local organization, subject to the direction and control of the [state director] commissioner. The chief executive officer may remove any local director for cause.

(c) Each local or joint organization shall perform such civil preparedness functions in the territorial limits within which it is organized as the [state director] commissioner prescribes. In addition, such local or joint organization shall conduct such functions outside such territorial limits as are prescribed by the state civil preparedness plan and program or by the terms of any mutual aid agreements to which the town is a party.

(d) The director of each local or joint organization may, with the approval of the [state director] commissioner, collaborate with other public and private agencies within the state and develop or cause to be developed mutual aid agreements for civil preparedness aid and assistance in case of disaster too great to be dealt with unassisted. The director of such joint or local organization may, with the approval of the [state director] commissioner, enter into such mutual aid agreements with civil preparedness agencies or organizations in other states. Such agreements shall be consistent with the state civil preparedness plan and program and, in time of emergency, each local or joint organization shall render assistance in accordance with the provisions of such agreements to which it is a party unless otherwise ordered by the [state director] commissioner.

(e) Each town or city shall have the power to make appropriations for the payment of salaries and expenses of its local or joint organization or any other civil preparedness agencies or instrumentalities.

(f) In the event of a serious disaster or of a sudden emergency, when such action is deemed necessary for the protection of the health and safety of the people, and upon request of the local chief executive authority, the Governor or the [state director] commissioner, without regard to the provisions of section 22a-148, as amended, may authorize the temporary use of such civil preparedness forces, including civil preparedness auxiliary police and firemen, as he deems necessary. Personnel of such civil preparedness forces shall be so employed only with their consent. The provisions of section 28-14 shall apply to personnel so employed.

(g) The state shall reimburse any town or city rendering aid under this section for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such town or city while rendering such aid, and for all payments for death, disability or injury of such employees in the course of rendering such aid and for all losses of or damage to supplies or equipment of such town or city incurred in the course of rendering such aid.

(h) Whenever, in the judgment of a local civil preparedness director, with prior approval of the [state director of emergency management] commissioner, it is deemed essential to authorize the temporary assignment, with their consent, of any members of civil preparedness forces who are not paid employees of the state or any political subdivision thereof, for a temporary civil preparedness mission, the provisions of section 28-14 shall apply. A complete written record of the conditions and dates of such assignment shall be maintained by the local director concerned and such record shall be available for examination by the [state director of emergency management] commissioner and the Attorney General. The [state director] commissioner shall establish the necessary procedures to administer this section.

Sec. 18. Subsection (a) of section 28-8 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) At the request of the chief executive authority of any town or city, the appropriate authority of any other town or city may, with the approval of the [state director] commissioner, or, if so ordered by the [state director] commissioner, shall, assign and make available for duty and use outside his own town or city, under the direction and command of an officer designated for the purpose, any part of the police, fire fighting or other civil preparedness forces under his control.

Sec. 19. Subsection (b) of section 28-9 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(b) The Governor may order into action all or any part of the [Office of Emergency Management] department or local or joint organizations for civil preparedness mobile support units or any other civil preparedness forces.

Sec. 20. Section 28-16 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

The [director] commissioner is empowered, in anticipation of war, attack, sabotage or other hostile action or any disaster, to purchase and maintain a stockpile of medical supplies, blankets, food and provisions, fuel, equipment and any other supplies which in his opinion are necessary and desirable to afford relief and assistance to the people of the state in an emergency.

Sec. 21. Section 28-20 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

The [state director of emergency management] commissioner and the director of any local civil preparedness organization may make agreements with the federal government or any agency or officer thereof to provide storage space on state or local premises, as the case may be, for federally-owned supplies and equipment to be used for civil preparedness purposes, provided such space shall be available without additional cost to the state and provided the commissioner or such director may revoke any such agreement upon thirty days' notice if such space is required for state or local use.

Sec. 22. Section 28-29a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

There is established an E 9-1-1 Commission to advise the office in the planning, design, implementation and coordination of the state-wide emergency 9-1-1 telephone system to be created pursuant to sections 28-25, 28-25a, 28-25b, 28-26, 28-27, 28-27a, 28-28, 28-28a, 28-28b, 28-29 and 28-29b. The commission shall be appointed by the Governor on or before October 1, 1984, and shall consist of the following members: (1) One representative of the technical support services unit of the Division of State Police within the Department of Public Safety; (2) the State Fire Administrator; (3) one representative from the Office of Emergency Medical Services; (4) one representative from the [Office] Department of Emergency Management and Homeland Security; (5) one municipal police chief; (6) one municipal fire chief; (7) one volunteer fireman; (8) one representative of the Connecticut Conference of Municipalities; (9) one representative of the Council of Small Towns; (10) one manager or coordinator of 9-1-1 public safety answering points serving areas of differing population concentration; and (11) one representative of providers of commercial mobile radio services, as defined in 47 Code of Federal Regulations 20. 3, as amended. Each member shall serve for a term of three years from July 1, 1984, or until a successor has been appointed and qualified. No member of the commission shall receive compensation for such member's services.

Sec. 23. Subsection (e) of section 28-31 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(e) Notwithstanding the provisions of subsection (a) of this section, the Department of Public Utility Control may allow an additional assessment of the licensees to supplement the initial assessment of such licensees if either the Nuclear Regulatory Commission or the Federal Emergency Management Agency disapproves or informs, in writing, the [director of the Office] Commissioner of Emergency Management and Homeland Security that it is likely to disapprove the nuclear safety emergency preparedness plan and additional funds are or would be needed to conform the plan to acceptable standards.

Sec. 24. Section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

(a) There shall be a Criminal Justice Information System Governing Board, hereinafter referred to as the governing board, which shall oversee an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, and the Division of Public Defender Services to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions. For purposes of this section, "offender-based tracking system" shall mean such information system.

(b) The governing board shall be composed of the Chief Court Administrator, who shall serve as chairperson, the Commissioner of Public Safety, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Parole, the chairperson of the Board of Pardons, the Chief State's Attorney, the Chief Public Defender, the Chief Information Officer of the Department of Information Technology, the Victim Advocate, the Commissioner of Motor Vehicles and the president of the Connecticut Police Chiefs Association. Each member of the governing board may appoint a designee who shall have the same powers as such member.

(c) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

(d) The duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of the offender-based tracking system; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of the offender-based tracking system; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of the offender-based tracking system.

(e) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the offender-based tracking system shall be deemed to be "state officers and employees" for the purposes of chapter 53 and section 5-141d.

(f) Information that may be accessed by the Division of Public Defender Services pursuant to subsection (a) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g, (2) information that is otherwise available to the public, and (3) information, including no conviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.

Sec. 25. Section 8 of public act 03-236 is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

The Commissioner of Public Health shall establish a Public Health Preparedness Advisory Committee. The advisory committee shall consist of the Commissioner of Public Health, the Commissioner of Emergency Management and Homeland Security, the president pro tempore of the Senate, the speaker of the House of Representatives, the majority and minority leaders of both houses of the General Assembly and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to public health, public safety and the judiciary, [the director of the Office of Emergency Management,] and representatives of town, city, borough and district directors of health, as appointed by the commissioner, and any other organization or persons that the commissioner deems relevant to the issues of public health preparedness. The Public Health Preparedness Advisory Committee shall develop the plan for emergency responses to a public health emergency. Such plan may include an emergency notification service. Not later than January 1, 2004, and annually thereafter, the committee shall submit a report, in accordance with section 11-4a of the general statutes, to the Governor and the joint standing committees of the General Assembly having cognizance of matters relating to public health and public safety, on the status of a public health emergency plan and the resources needed for implementation of such plan.

Sec. 26. Section 168 of public act 03-6 of the June 30 special session is repealed and the following is substituted in lieu thereof (Effective January 1, 2005):

Any paid or volunteer firefighter, police officer or emergency medical service personnel who successfully completes a training course in the use of automatic profiled cartridge injectors may carry and use such injectors containing nerve agent antidote medications in the event of a nerve agent exposure for self-preservation or unit preservation. Such training course shall be approved by the [director of the Office of Emergency Management] commissioner and provided by the Connecticut Fire Academy, the Capitol Region Metropolitan Medical Response System or the federal government.

Sec. 27. (NEW) (Effective from passage) (a) There is established a state-wide Emergency Management and Homeland Security Coordinating Council to advise the Department of Public Safety, the Office of Emergency Management and, on and after January 1, 2005, the Department of Emergency Management and Homeland Security with respect to: (1) Application and distribution of federal or state funds for emergency management and homeland security; (2) planning, design, implementation and coordination of state-wide emergency response systems; (3) assessing the state's overall emergency management and homeland security preparedness, policies and communications; (4) the recommendation of strategies to improve emergency response and incident management including, but not limited to, training and exercises, volunteer management, communications and use of technology, intelligence gathering, compilation and dissemination, the development, coordination and implementation of state and federally required emergency response plans, and the assessment of the state's use of regional management structures; and (5) strengthening consultation, planning, cooperation and communication among federal, state and local governments, the Connecticut National Guard, police, fire, emergency medical and other first responders, emergency managers, public health officials, private industry and  community organizations. The council shall advise the Governor and the General Assembly on its findings and efforts to secure the state from all disasters and emergencies and to enhance the protection of the citizens of the state.

(b) The council shall consist of: (1) The Commissioner of Emergency Management and Homeland Security; the Secretary of the Office of Policy and Management; the Commissioner of Public Safety; the Commissioner of Public Health; the Commissioner of Mental Health and Addiction Services; the Commissioner of Environmental Protection; the Commissioner of Public Works; the Commissioner of Transportation; the Adjutant General of the Military Department; the chairperson of the Department of Public Utility Control; the Chief Information Officer, as defined in section 4d-1 of the general statutes; the State Fire Administrator; or their designees; and (2) the following members appointed as follows not later than July 1, 2004: Two municipal police chiefs, one appointed by the speaker of the House of Representatives and one appointed by the Governor; two municipal fire chiefs, one appointed by the president pro tempore of the Senate and one appointed by the Governor; one volunteer fire chief appointed by the minority leader of the Senate; one representative of the Connecticut Conference of Municipalities appointed by the majority leader of the Senate; one representative of the Council of Small Towns appointed by the minority leader of the House of Representatives; one local or regional civil preparedness director appointed by the speaker of the House of Representatives; one local or regional health director appointed by the president pro tempore of the Senate; one emergency medical services professional appointed by the Governor; one nonprofit hospital administrator appointed by the majority leader of the House of Representatives; and one manager or coordinator of 9-1-1 public safety answering points appointed by the Governor.   Each member appointed under this subdivision shall serve for a term of three years from July 1, 2004, or until a qualified successor has been appointed to replace such member. No member appointed under this subdivision shall receive any compensation for such member's service on the council.

(c) The Secretary of the Office of Policy and Management, or the secretary's designee who shall be an employee of said office, shall serve as chairperson of the council until January 1, 2005. On and after January 1, 2005, the Commissioner of Emergency Management and Homeland Security shall serve as chairperson.

(d) The council shall hold its first meeting not later than August 1, 2004, and shall meet at least monthly thereafter.

(e) The chairperson of the council may request the participation of other representatives of federal, state, regional and local agencies as nonvoting members for purposes of consultation, planning and communication.

(f) Any vacancy on the council shall be filled for the unexpired portion of the term by the appointing authority having the power to make the original appointment. Any vacancy occurring on the council shall be filled within thirty days.

(g) The council shall submit a report to the General Assembly not later than January 1, 2005, and annually thereafter.

Sec. 28. (NEW) (Effective January 1, 2005) Nothing in chapter 517 of the general statutes shall be deemed to require municipalities or local or regional agencies otherwise eligible for federal or state financial assistance for purposes of emergency management or homeland security to agree that such financial assistance shall not be allocated directly to such municipalities or local or regional agencies.

Sec. 29. (Effective from passage) Not later than January 1, 2005, the Secretary of the Office of Policy and Management shall submit a report to the joint standing committees of the General Assembly having cognizance of matters relating to appropriations and public safety concerning the implementation of the reorganization of state emergency management and homeland security in accordance with chapter 517 of the general statutes. The report shall include, but need not be limited to, a description of (1) the organization of the Department of Emergency Management and Homeland Security and such internal agency divisions as may be established, (2) the transfer of any state agency personnel or budgeted funds, and (3) any necessary federal, state or local interagency procedures, agreements or protocols.

Sec. 30. (NEW) (Effective January 1, 2005) Not later than January 1, 2006, and annually thereafter, the Commissioner of Emergency Management and Homeland Security shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to public safety that specifies and evaluates state-wide emergency management and homeland security activities during the preceding calendar year.

Sec. 31. (Effective January 1, 2005) Section 28-2 of the general statutes is repealed.

Approved on June 8, 2004