CHAPTER 528
DEPARTMENT OF EMERGENCY SERVICES
AND PUBLIC PROTECTION

Table of Contents

Sec. 29-1b. (Formerly Sec. 28e-1). Department of Emergency Services and Public Protection: Division of State Police; Division of Emergency Management and Homeland Security.
Sec. 29-1i. Missing adult persons.
Sec. 29-1p. Determination of genuine terrorist threat.
Sec. 29-1r. Department of Emergency Services and Public Protection. Appointment of commissioner. Successor to Departments of Public Safety and Emergency Management and Homeland Security.
Sec. 29-1s. Commissioner and Department of Emergency Services and Public Protection substituted for former commissioners and departments.
Sec. 29-1t. Coordinating Advisory Board. Annual report.

      Sec. 29-1b. (Formerly Sec. 28e-1). Department of Emergency Services and Public Protection: Division of State Police; Division of Emergency Management and Homeland Security. (a) There shall be within the Department of Emergency Services and Public Protection a Division of State Police. The Commissioner of Emergency Services and Public Protection shall serve as administrative head and commanding officer of the State Police Division. As administrative head, said commanding officer of the Division of State Police shall delegate said commanding officer's jurisdiction of the affairs of the Division of State Police to a deputy commissioner who shall have the powers and privileges conferred by statute upon a state policeman.

      (b) There shall be within said department a Division of Emergency Management and Homeland Security. The commissioner shall serve as administrative head of said division. As administrative head, said commissioner shall delegate said commissioner's jurisdiction of the Division of Emergency Management and Homeland Security to a deputy commissioner. The deputy 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 deputy 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.

      (P.A. 77-614, S. 485, 610; P.A. 90-337, S. 1, 8; P.A. 99-218, S. 2, 16; P.A. 11-51, S. 136.)

      History: (Revisor's note: Sec. 29-1b was formerly published as Sec. 28e-1. In 1983 it was decided that a separate title 28e devoted to public safety was unnecessary and the title was abolished and this section transferred to its present number. At the same time title 29 was expanded with the transfer from title 19 of several topics which were brought under the jurisdiction of the department of public safety by public act 77-614, entitled An Act Concerning the Reorganization of the Executive Branch of State Government, and subsequent legislation); P.A. 90-337 amended Subsec. (a) to permit commissioner to appoint not more than two deputy commissioners; P.A. 99-218 amended Subsec. (a) to permit the commissioner to appoint not more than three deputy commissioners, effective July 1, 1999; P.A. 11-51 deleted former Subsecs. (a) and (c) re Department of Public Safety, redesignated existing Subsec. (b) as Subsec. (a) and amended same by changing "Department of Public Safety" and "Commissioner of Public Safety" to "Department of Emergency Services and Public Protection" and "Commissioner of Emergency Services and Public Protection", respectively, changing "may" to "shall" re delegation of jurisdiction and making technical changes, and added new Subsec. (b) re Division of Emergency Management and Homeland Security, effective July 1, 2011.

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      Sec. 29-1i. Missing adult persons. (a) For the purposes of this section and section 7-294o, "law enforcement agency" means the Division of State Police within the Department of Emergency Services and Public Protection or any municipal police department, and "adult person" means an individual who has attained the age of eighteen years.

      (b) A law enforcement agency shall accept without delay any report of a missing adult person.

      (c) The unit of the Division of State Police within the Department of Emergency Services and Public Protection that investigates missing adult persons shall, as appropriate, enter all collected information relating to a missing adult person case into the National Crime Information Center database and any other applicable federal database with all practicable speed.

      (P.A. 11-51, S. 134; 11-102, S. 1.)

      History: Pursuant to P.A. 11-51, "Division of State Police within the Department of Public Safety" was changed editorially by the Revisors to "Division of State Police within the Department of Emergency Services and Public Protection", effective July 1, 2011.

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      Sec. 29-1p. Determination of genuine terrorist threat. The Commissioner of Emergency Services and Public Protection may assess threats to public safety to determine when a threat qualifies as a genuine terrorist threat. The commissioner may consult with whatever agencies or officials the commissioner deems appropriate for such evaluation.

      (P.A. 06-151, S. 2; P.A. 11-51, S. 166.)

      History: P.A. 11-51 replaced "Commissioner of Public Safety" with "Commissioner of Emergency Services and Public Protection", deleted former Subsec. (b) re reporting genuine terrorist threats and made a technical change, effective July 1, 2011.

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      Sec. 29-1r. Department of Emergency Services and Public Protection. Appointment of commissioner. Successor to Departments of Public Safety and Emergency Management and Homeland Security. (a) There is established a Department of Emergency Services and Public Protection. Said department shall be the designated emergency management and homeland security agency for the state. The department head shall be the Commissioner of Emergency Services and Public Protection, who shall be appointed by the Governor in accordance with sections 4-5 to 4-8, inclusive, with the powers and duties prescribed in said sections. The commissioner shall be responsible for providing a coordinated, integrated program for the protection of life and property and for state-wide emergency management and homeland security. The commissioner shall appoint not more than two deputy commissioners who shall, under the direction of the commissioner, assist in the administration of the department. 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 for emergency management or homeland security.

      (b) The Department of Emergency Services and Public Protection shall constitute a successor agency to the Department of Emergency Management and Homeland Security in accordance with the provisions of sections 4-38d, 4-38e and 4-39.

      (c) The Department of Emergency Services and Public Protection shall constitute a successor agency to the Department of Public Safety, except as to chapters 531, 532 and 538 to 541a, inclusive, in accordance with the provisions of sections 4-38d, 4-38e and 4-39.

      (d) Any order or regulation of the Department of Public Safety, which is in force on July 1, 2011, except those orders or regulations pertaining to chapters 531, 532 and 538 to 541a, inclusive, shall continue in force and effect as an order or regulation of the Department of Emergency Services and Public Protection until amended, repealed or superseded pursuant to law. Where any order or regulation of said departments or the Department of Emergency Management and Homeland Security conflict, the Commissioner of Emergency Services and Public Protection may implement policies and procedures consistent with the provisions of this section and sections 3-122, 3-123, 3-123e, 4-5 and 4-38c, subsections (k) and (l) of section 4a-100 and sections 4b-136, 4d-90, 5-182, 7-294b, 7-294d, 7-294e, 7-294p, 7-323k, 7-323l, 7-323p, 7-521, 10a-55a, 14-283a, 16a-13b, 16a-106, 19a-487, 21a-274a, 22a-601, 28-1, 28-1a, 28-1i, 28-24, 28-29a, 29-1b, 29-1p, 29-4, 29-5, 29-36l, 29-179i, 51-291, 51-293, 51-296, 53-202d, 54-1m, 54-64g and 54-142q while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.

      (P.A. 11-51, S. 133.)

      History: P.A. 11-51 effective July 1, 2011.

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      Sec. 29-1s. Commissioner and Department of Emergency Services and Public Protection substituted for former commissioners and departments. (a)(1) Wherever the term "Department of Public Safety" is used in the following general statutes, the term "Department of Emergency Services and Public Protection" shall be substituted in lieu thereof; and (2) wherever the term "Commissioner of Public Safety" is used in the following general statutes, the term "Commissioner of Emergency Services and Public Protection" shall be substituted in lieu thereof: 1-24, 1-84b, 1-217, 2-90b, 3-2b, 4-68m, 4a-2a, 4a-18, 4a-67d, 4b-1, 4b-130, 5-142, 5-146, 5-149, 5-150, 5-169, 5-173, 5-192f, 5-192t, 5-246, 6-32g, 7-169, 7-285, 7-294f to 7-294h, inclusive, 7-294l, 7-294n, 7-294y, 7-425, 9-7a, 10-233h, 12-562, 12-564a, 12-586f, 12-586g, 13a-123, 13b-69, 13b-376, 14-10, 14-64, 14-67j, 14-67m, 14-67w, 14-103, 14-108a, 14-138, 14-152, 14-163c, 14-211a, 14-212a, 14-212f, 14-219c, 14-227a, 14-227c, 14-267a, 14-270c to 14-270f, inclusive, 14-283, 14-291, 14-298, 14-315, 15-98, 15-140r, 15-140u, 16-256g, 16a-103, 17a-105a, 17a-106a, 17a-500, 17b-90, 17b-137, 17b-192, 17b-225, 17b-279, 17b-490, 18-87k, 19a-112a, 19a-112f, 19a-179b, 19a-409, 19a-904, 20-12c, 20-327b, 21a-36, 21a-283, 22a-2, 23-8b, 23-18, 26-5, 26-67b, 27-19a, 27-107, 28-25b, 28-27, 28-27a, 28-30a, 29-1c, 29-1e to 29-1h, inclusive, 29-1q, 29-1zz, 29-2, 29-2a, 29-2b, 29-3a, 29-3b, 29-4a, 29-6a, 29-7, 29-7b, 29-7c, 29-7h, 29-7m, 29-7n, 29-8, 29-9, 29-10, 29-10a, 29-10c, 29-11, 29-12, 29-17a, 29-17b, 29-17c, 29-18 to 29-23a, inclusive, 29-25, 29-26, 29-28, 29-28a, 29-30 to 29-32, inclusive, 29-32b, 29-33, 29-36f to 29-36i, inclusive, 29-36k, 29-36m, 29-36n, 29-37a, 29-37f, 29-38b, 29-38e, 29-38f, 29-108b, 29-143i, 29-143j, 29-145 to 29-151, inclusive, 29-152f to 29-152j, inclusive, 29-152m, 29-152o, 29-152u, 29-153, 29-155d, 29-156a, 29-161g to 29-161i, inclusive, 29-161k to 29-161m, inclusive, 29-161o to 29-161t, inclusive, 29-161v to 29-161z, inclusive, 29-163, 29-164g, 29-166, 29-176 to 29-179, inclusive, 29-179f to 29-179h, 31-275, 38a-18, 38a-356, 45a-63, 46a-4b, 46a-170, 46b-15a, 46b-38d, 46b-38f, 51-5c, 51-10c, 51-51o, 51-277a, 52-11, 53-39a, 53-134, 53-199, 53-202, 53-202b, 53-202c, 53-202g, 53-202l, 53-202n, 53-202o, 53-278c, 53-341b, 53a-3, 53a-30, 53a-54b, 53a-130, 53a-130a, 54-1f, 54-1l, 54-36e, 54-36i, 54-36n, 54-47aa, 54-63c, 54-76l, 54-86k, 54-102g to 54-102j, inclusive, 54-102m, 54-102pp, 54-142j, 54-222a, 54-240, 54-240m, 54-250 to 54-258, inclusive, 54-259a, 54-260b, and 54-300.

      (b) (1) Wherever the term "Department of Emergency Management and Homeland Security" is used in the following general statutes, the term "Department of Emergency Services and Public Protection" shall be substituted in lieu thereof; and (2) wherever the term "Commissioner of Emergency Management and Homeland Security" is used in the following general statutes, the term "Commissioner of Emergency Services and Public Protection" shall be substituted in lieu thereof: 1-210, 4-66f, 5-213, 16-32e, 16-245n, 16-245aa, 19a-131g, 21a-70c, 22a-603, 28-1j to 28-1k, inclusive, 28-14a, 28-22a, 28-28a, and 28-31.

      (c) Wherever the term "Department of Emergency Management and Homeland Security" is used in any special or public act of 2011, the term "Department of Emergency Services and Public Protection" shall be substituted in lieu thereof. Wherever the term "Commissioner of Emergency Management and Homeland Security" is used in any special or public act of 2011, the term "Commissioner of Emergency Services and Public Protection" shall be substituted in lieu thereof.

      (d) Wherever the term "Division of State Police within the Department of Public Safety" is used in any special or public act of 2011, the term "Division of State Police within the Department of Emergency Services and Public Protection" shall be substituted in lieu thereof.

      (e) The Legislative Commissioners' Office shall, in codifying the provisions of this section, make such technical, grammatical and punctuation changes as are necessary to carry out the purposes of this section.

      (P.A. 11-51, S. 134.)

      History: P.A. 11-51 effective July 1, 2011.

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      Sec. 29-1t. Coordinating Advisory Board. Annual report. (a) There is established a Coordinating Advisory Board to advise the Department of Emergency Services and Public Protection with respect to: (1) Strategies to improve internal and external communication and cooperation in the provision of emergency response services on the state and local level; (2) strategies to improve emergency response and incident management in areas including, but not limited to, communications and use of technology and the coordination and implementation of state and federally required emergency response plans; (3) improvements in the state's use of regional management structures; and (4) strengthening cooperation and communication among federal, state and local governments, the Connecticut National Guard, police, fire, emergency medical and other first responders, emergency managers and public health officials.

      (b) The Commissioner of Emergency Services and Public Protection, or said commissioner's designee, shall serve as the chairperson of the Coordinating Advisory Board. The board shall consist of: (1) The president of the Connecticut State Firefighters Association or a designee, representing volunteer firefighters; (2) the president of the Uniformed Professional Firefighters Association or a designee, representing professional firefighters; (3) the president of the American Federation of State County and Municipal Employees, Council 15, or a designee, representing municipal police officers; (4) the executive director of the Connecticut Conference of Municipalities or a designee; (5) a member of the Police Officer Standards Training Council, designated by the chairperson of said council; (6) a member of the Commission on Fire Prevention and Control, designated by the chairperson of said commission; (7) the president of the Connecticut Emergency Management Association or a designee; (8) the president of the Connecticut Police Chiefs Association or a designee; (9) the president of the Connecticut Fire Chiefs Association or a designee; (10) the president of the Connecticut Career Fire Chiefs Association or a designee; (11) the Commissioner of Public Health; and (12) one representative, designated by the Commissioner of Emergency Services and Public Protection, from the Office of State-Wide Emergency Telecommunications and from each of the divisions of Emergency Management and Homeland Security, State Police and Scientific Services within the Department of Emergency Services and Public Protection. Said board shall convene quarterly and at such other times as the chairperson deems necessary.

      (c) Not later than January 2, 2012, and annually thereafter, the board shall submit a report, in accordance with section 11-4a, to the Governor and to the joint standing committee of the General Assembly having cognizance of matters relating to public safety concerning its findings and recommendations with respect to any communication and cooperation necessary to enhance state and local government emergency response and the protection of the citizens of the state.

      (P.A. 11-51, S. 137; 11-61, S. 95.)

      History: P.A. 11-51 effective July 1, 2011; P.A. 11-61 amended Subsec. (b) by adding new Subdiv. (8) re president of Connecticut Police Chiefs Association, adding new Subdiv. (9) re president of Connecticut Fire Chiefs Association, adding new Subdiv. (10) re president of Connecticut Career Fire Chiefs Association, adding new Subdiv. (11) re Commissioner of Public Health, and redesignating existing Subdiv. (8) as Subdiv. (12), effective July 1, 2011.

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