History: P.A. 88-135 substituted office of "emergency management" for office of "civil preparedness"; May Sp. Sess.
P.A. 92-12 deleted phrase "for administrative purposes only" and required said office to be the designated civil defense
organization for state; P.A. 93-206 placed office of emergency management within division of fire, emergency and building
services, effective July 1, 1993; P.A. 99-190 transferred the Office of Emergency Management from the Division of Fire,
Emergency and Building Services within the Department of Public Safety to the Military Department, effective July
1, 1999; P.A. 04-219 eliminated former provisions and substituted provisions establishing Department of Emergency
Management and Homeland Security within the Office of Policy and Management for administrative purposes only,
requiring commissioner to be department head and specifying qualifications and duties of commissioner in Subsec. (a),
requiring commissioner to organize department and personnel as necessary for effective discharge of authorized emergency
management, civil preparedness and homeland security missions, authorizing removal of any department personnel by
commissioner for security reasons or incompetence and authorizing commissioner to enter into contracts for the furnishing
of services necessary for the proper execution of the duties of department in Subsec. (b), specifying responsibilities of
commissioner in Subsec. (c), authorizing commissioner to adopt regulations in Subsec. (d), requiring commissioner to
enter into interagency memorandum of understanding with Department of Public Safety and Military Department in Subsec.
(e), and requiring transfer of functions, powers, duties and personnel of Division of Homeland Security within Department
of Public Safety and Office of Emergency Management within Military Department to new department in Subsec. (f),
effective January 1, 2005; P.A. 05-265 amended Subsec. (e) to provide in Subdiv. (1) that the assignment of personnel is
temporary, to require that any such personnel temporarily assigned act under the direction of the commissioner, deleting
reference to "all such assigned employees" and "sole" direction, and to require Department of Public Safety and Military
Department to retain administrative control over such personnel, added new Subsec. (f) allowing commissioner to request
and receive cooperation and assistance in the performance of the duties of department from any federal, state or local
agency, and redesignated existing Subsec. (f) as Subsec. (g), effective July 13, 2005; P.A. 05-287 amended Subsec. (a) to
delete provision placing Department of Emergency Management and Homeland Security within the Office of Policy and
Management for administrative purposes only, effective July 13, 2005.
Sec. 28-5. Preparation for civil preparedness. Subpoenas. Comprehensive
plan and program for civil preparedness. Training programs. Cooperation by
other state agencies. Orders and regulations. (a) The 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 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 such witnesses or the production of such 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. The court or judge
shall, before issuing such subpoena, provide adequate opportunity for the 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 commissioner
has made reasonable efforts to secure such attendance or such books, papers, records
or documents without recourse to compulsory process.
(b) The commissioner shall direct the preparation of a comprehensive plan and
program for the civil preparedness of the state and 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
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 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 commissioner shall institute such training programs and public information programs, 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 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 such practice air raid alerts or
other civil preparedness exercises as the commissioner may deem necessary.
(d) The 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 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 commissioner may make
such orders and such regulations as may be necessary to develop and implement the
civil preparedness plan and program. Subject to the provisions of chapter 54, all such
orders and regulations shall have the full force and effect of law.
(June, 1951, S. 1909d; 1972, P.A. 294, S. 28; P.A. 73-544, S. 5; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; 88-317,
S. 88, 107; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-12, S. 3, 10; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-190, S. 3, 9; P.A. 04-219, S. 15; P.A. 05-288, S. 191.)
History: 1972 act substituted "joint committee on legislative management" for "legislative council"; P.A. 73-544 substituted "civil preparedness" for "civil defense" throughout; P.A. 78-280 substituted "for the judicial district of Hartford-New Britain" for "for Hartford county" following "superior court"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended reference to Secs.
4-168 to 4-173 in Subsec. (e) to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1,
1991, to September 1, 1993; May Sp. Sess. P.A. 92-12 amended Subsec. (e) to authorize commissioner of public safety
to make regulations in lieu of director; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1,
1996, to September 1, 1998, effective July 1, 1995; P.A. 99-190 amended Subsec. (e) by substituting "Adjutant General"
for "Commissioner of Public Safety", effective July 1, 1999; P.A. 04-219 substituted commissioner for director throughout,
required commissioner to direct the preparation of comprehensive plan and program for the civil preparedness of the state
and made a technical change in Subsec. (b), made technical changes in Subsec. (c), and eliminated references to authorization
of the Adjutant General to make regulations and to "sections 4-168 to 4-173, inclusive", added reference to chapter 54,
and eliminated procedures re suspension of conflicting orders or regulations in Subsec. (e), effective January 1, 2005; P.A.
05-288 made technical changes in Subsec. (a), effective July 13, 2005.
Sec. 28-8b. Use of nerve agent antidote medications. (a) Any paid or volunteer
firefighter, police officer or emergency medical service personnel who successfully
completes a training course in the use of automatic prefilled 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 commissioner and provided by the Connecticut Fire Academy,
the Capitol Region Metropolitan Medical Response System or the federal government.
(b) The state of Connecticut shall save harmless and indemnify any sponsor hospital
or the medical director or designated staff of a sponsor hospital certified by the Department of Public Health to oversee the training, distribution or quality assurance of nerve
agent antidote kits for purposes of subsection (a) of this section, from financial loss and
expense, including legal fees and costs, if any, arising out of any claim, demand, suit
or judgment by reason of alleged negligence or other act resulting in personal injury,
which acts are not wanton, reckless or malicious, provided such person at the time of
the acts resulting in such injury was acting in the discharge of such person's duties in
providing such training, distribution or quality assurance of nerve agent antidote kits.
(c) For purposes of this section, "sponsor hospital" means a hospital that has agreed
to maintain staff for the provision of medical control, supervision and direction to an
emergency medical service organization and its personnel and that has been approved
for such activity by the Office of Emergency Medical Services.
(June 30 Sp. Sess. P.A. 03-6, S. 168; P.A. 04-219, S. 26; P.A. 05-259, S. 4.)
History: June 30 Sp. Sess. P.A. 03-6 effective August 20, 2003; P.A. 04-219 substituted commissioner for director of
the Office of Emergency Management, effective January 1, 2005; P.A. 05-259 designated existing language as Subsec.
(a), added Subsec. (b) to provide immunity from liability, under certain circumstances, to sponsor hospitals and their staff
who oversee the training, distribution or quality assurance of nerve antidote kits for purposes of Subsec. (a), and added
Subsec. (c) to define "sponsor hospital", effective July 13, 2005.
Sec. 28-9c. Removal of debris or wreckage. Governor's powers. (a) Whenever
the Governor has declared a disaster emergency to exist under the laws of this state, or
the President, at the request of the Governor, has declared a major disaster or emergency
to exist in this state, the Governor is authorized: (1) Notwithstanding any other provision
of law, through the use of state departments or agencies, or the use of any of the state's
instrumentalities, to clear or remove from publicly or privately owned land or water,
debris and wreckage which may threaten public health or safety, or public or private
property; (2) to accept funds from the federal government and utilize such funds to make
grants to any political subdivision for the purpose of removing debris or wreckage from
publicly or privately owned land or water.
(b) (1) Authority under this section shall not be exercised unless the affected political subdivision, corporation, organization or individual owning such property shall first
present an unconditional authorization for removal of such debris or wreckage from
public and private property and, in the case of removal of debris or wreckage from
private property, shall first agree to indemnify the state against any claim arising from
such removal. (2) Whenever the Governor provides for clearance of debris or wreckage
pursuant to subsection (a) of this section, employees of the designated state agencies or
individuals appointed by the state are authorized to enter upon private land or waters
and perform any tasks necessary to the removal or clearance operation.
(P.A. 75-643, S. 7; P.A. 79-417, S. 3; P.A. 05-288, S. 126.)
History: P.A. 79-417 added "major" to disaster as declared by the President at the request of the governor; P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005.
Sec. 28-14a. Compensation of volunteers with volunteer organizations that
conduct homeland security drills. Compensation for injury, disability or death. (a)
For the purposes of this section, "volunteer organization" means an organization that
(1) provides first responder, rescue or emergency medical transportation services, or is
a volunteer fire company that provides emergency medical or rescue services, as part
of its duties, and (2) relies exclusively or primarily upon volunteers to provide such
services.
(b) The Department of Emergency Management and Homeland Security shall compensate each volunteer with any volunteer organization that conducts a homeland security drill authorized by said department that exceeds twenty-four consecutive hours in
length who participates in such drill and is otherwise employed, at the same rate as
such volunteer is compensated in his or her employment in the public or private sector,
provided the payment by said department shall be reduced by any amount of compensation such volunteer receives from his or her employer for such drill.
(c) In the event any such volunteer is injured, disabled or dies in the course of any
such drill, such volunteer shall be compensated in accordance with the provisions of
chapter 568 to the same extent that he or she would have been compensated for such
injury, disability or death occurring in the course of his or her employment in the public
or private sector.
(P.A. 05-265, S. 2.)