Connecticut 2011 Regular Session

Connecticut Senate Bill SB01016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		General Assembly Substitute Bill No. 1016
2		-	January Session, 2011 _____~~SB01016GAE~~___~~041311~~____
	2	+	January Session, 2011 _____SB01016PS____031511____
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4	4		General Assembly
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6	6		Substitute Bill No. 1016
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8	8		January Session, 2011
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10		-	_____~~SB01016GAE~~___~~041311~~____
	10	+	_____SB01016PS____031511____
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12	12		AN ACT ESTABLISHING A DEPARTMENT OF EMERGENCY RESPONDER TRAINING.
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14	14		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16	16		Section 1. (NEW) (Effective July 1, 2011) (a) There is established a Department of Emergency Responder Training. Said department shall be responsible for the training of police officers and firefighters in this state. The department head shall be the executive director, who shall be appointed by the Governor in accordance with the provisions of sections 4-6 and 4-7 of the general statutes, with the powers and duties prescribed in section 4-8 of the general statutes. The executive director shall possess knowledge in matters relating to training standards and methods relating to law enforcement or fire prevention and control. No person possessing a record of any criminal, unlawful or unethical conduct shall be eligible for or hold such position. The executive director shall be the chief administrative officer of the department and shall develop and periodically update and revise a comprehensive municipal police training plan and establish standards for a fire service training and education program. The executive director 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 police officer and firefighter training.
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18	18		(b) The executive director may, within available appropriations, employ any other personnel that may be necessary in the performance of the department's functions.
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20	20		(c) The executive director 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.
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22	22		(d) The executive director may accept contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector and is authorized to apply for, receive and distribute any federal or private funds or contributions available for training and education of police or fire fighting personnel.
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24	24		(e) The executive director may perform any other acts that may be necessary and appropriate to carry out the functions of the department as set forth in sections 1 and 2 of this act and sections 3-122, 3-123, 3-123e, 7-294a, 7-294b, 7-294d, 7-294e, 7-294f, 7-294g, 7-294l, 7-294m, 7-294n, 7-294o, 7-294p, 7-294x, 7-294aa, 7-323j, 7-323k, 7-323l, 7-323p, 7-323q, 14-286e, 21a-274a, 29-179i and 31-294i of the general statutes, as amended by this act.
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26	26		(f) The executive director shall annually submit a report to the Governor and, in accordance with section 11-4a of the general statutes, to the Joint Committee on Legislative Management relating to the activities, recommendations and accomplishments of the department.
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28	28		(g) The executive director may adopt such regulations, in accordance with the provisions of chapter 54 of the general statutes, as necessary to implement the duties of the department.
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30	30		(h) The executive director shall, with respect to municipal police officer training, be responsible for:
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32	32		(1) Requiring that all probationary candidates receive the hours of basic training deemed necessary before being eligible for certification, such basic training to be completed within one year following the appointment as a probationary candidate, unless the candidate is granted additional time to complete such basic training by the executive director;
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34	34		(2) Requiring the registration of probationary candidates with the academy not later than ten days after hiring for the purpose of scheduling training;
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36	36		(3) Issuing the appropriate certification to police officers who have satisfactorily completed minimum basic training programs;
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38	38		(4) Requiring that each police officer satisfactorily complete at least forty hours of certified review training every three years in order to maintain certification, unless the officer is granted additional time not to exceed one year to complete such training by the council;
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40	40		(5) Renewing the certification of those police officers who have satisfactorily completed review training programs;
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42	42		(6) Visiting and inspecting police basic training schools and inspecting each school at least once each year;
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44	44		(7) Consulting with and cooperating with universities, colleges and institutions of higher education for the development of specialized courses of study for police officers in police science and police administration;
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46	46		(8) Consulting with and cooperating with departments and agencies of this state and other states and the federal government concerning police training;
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48	48		(9) Conducting any inspection and evaluation that may be necessary to determine if a law enforcement unit is complying with the provisions of this section;
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50	50		(10) At the request and expense of any law enforcement unit, conducting general or specific management surveys;
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52	52		(11) Developing objective and uniform criteria for granting any waiver of regulations or procedures;
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54	54		(12) Appointing any council training instructor, or such other person as determined by the council, to act as a special police officer throughout the state as such instructor or other person's official duties may require, provided any such instructor or other person so appointed shall be a certified police officer and further provided each such special police officer be sworn and be vested with the authority to arrest and present before a competent authority any person for any offense committed within the officer's precinct; and
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56	56		(13) Recruiting, selecting and appointing candidates to the position of probationary candidate, as defined in section 7-294a of the general statutes, as amended by this act, and to provide recruit training for candidates of the Connecticut Police Corps program in accordance with the Police Corps Act, 42 USC 14091 et seq., as amended from time to time.
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58	58		(i) The executive director, with respect to the state fire training, shall: (1) Administer the state's responsibilities under federal laws relevant to fire service; and (2) develop a master plan for fire prevention and control.
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60	60		Sec. 2. (NEW) (Effective July 1, 2011) (a) The Department of Emergency Responder Training shall maintain and operate a municipal police officer training school. The department shall fix tuition and fees for training and education programs and sessions and for such other purposes deemed necessary for the operation and support of the school, subject to the approval of the Office of Policy and Management. Such fees shall be used solely for training and educational purposes.
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62	62		(b) The department may establish and maintain a municipal police officer training school training and education extension account, which shall be a separate, nonlapsing account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The account may be used for the operation of such training and education extension programs and sessions as the Department of Emergency Responder Training may establish. All proceeds derived from the operation of the training and education extension programs and sessions shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses incurred in the conduct of the training, certification and education programs and sessions shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for its training and education programs and sessions.
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64	64		Sec. 3. Section 4-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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66	66		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 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 Agriculture, 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 Developmental Services, Commissioner of Motor Vehicles, Commissioner of Transportation, Commissioner of Public Works, Commissioner of Veterans' Affairs, Chief Information Officer, the chairperson of the Public Utilities Control Authority, the executive director of the Board of Education and Services for the Blind, the executive director of the Connecticut Commission on Culture and Tourism, the executive director of the Department of Emergency Responder Training and the executive director of the Office of Military Affairs. As used in sections 4-6 and 4-7, "department head" also means the Commissioner of Education.
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68	68		Sec. 4. Section 4-38c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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70	70		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 Agriculture, Department of Children and Families, Department of Consumer Protection, Department of Correction, Department of Economic and Community Development, State Board of Education, Department of Emergency Management and Homeland Security, Department of Emergency Responder Training, 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 Developmental Services, 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.
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72	72		Sec. 5. Section 7-294a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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74	74		As used in this section and sections 7-294b to 7-294e, inclusive, as amended by this act, "academy" means the Connecticut Police Academy; "applicant" means a prospective police officer who has not commenced employment or service with a law enforcement unit; "basic training" means the minimum basic law enforcement training received by a police officer at the academy or at any other certified law enforcement training academy; "certification" means the issuance by the [Police Officer Standards and Training Council] Department of Emergency Responder Training to a police officer, police training school or law enforcement instructor of a signed instrument evidencing satisfaction of the certification requirements imposed by section 7-294d, as amended by this act, and signed by the [council] department; "council" means the Police Officer Standards and Training Council; "executive director" means the executive director of the Department of Emergency Responder Training; "Governor" includes any person performing the functions of the Governor by authority of the law of this state; "review training" means training received after minimum basic law enforcement training; "law enforcement unit" means any agency, organ or department of this state or a subdivision or municipality thereof, whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection or investigation of crime; "police officer" means a sworn member of an organized local police department, an appointed constable who performs criminal law enforcement duties, a special policeman appointed under section 29-18, 29-18a or 29-19 or any member of a law enforcement unit who performs police duties; "probationary candidate" means a police officer who, having satisfied preemployment requirements, has commenced employment with a law enforcement unit but who has not satisfied the training requirements provided for in section 7-294d, as amended by this act; and "school" means any school, college, university, academy or training program approved by the council which offers law enforcement training and includes a combination of a course curriculum, instructors and facilities.
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76	76		Sec. 6. Subsection (a) of section 7-294b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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78	78		(a) There shall be a Police Officer Standards and Training Council which shall be within the [Division of State Police of the Department of Public Safety] Department of Emergency Responder Training for administrative purposes only and which shall consist of the following members appointed by the Governor: (1) A chief administrative officer of a town or city in Connecticut; (2) the chief elected official or chief executive officer of a town or city in Connecticut with a population under twelve thousand which does not have an organized police department; (3) a member of the faculty of The University of Connecticut; (4) eight members of the Connecticut Police Chiefs Association who are holding office or employed as chief of police or the highest ranking professional police officer of an organized police department of a municipality within the state; (5) the Chief State's Attorney; (6) a sworn municipal police officer whose rank is sergeant or lower; and (7) five public members. The Commissioner of Public Safety and the Federal Bureau of Investigation special agent-in-charge in Connecticut or their designees shall be voting ex-officio members of the council. Any nonpublic member of the council shall immediately upon the termination of his holding the office or employment which qualified him for appointment cease to be a member of the council. A member appointed to fill a vacancy shall be appointed for the unexpired term of the member whom he is to succeed in the same manner as the original appointment. The Governor shall appoint a chairperson and the council shall appoint a vice-chairperson and a secretary from among the members. The members of the council shall serve without compensation but shall be entitled to actual expenses involved in the performance of their duties.
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80	80		Sec. 7. Section 7-294d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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82	82		(a) The Police Officer Standards and Training Council shall [have the following powers] make recommendations to the executive director on the following:
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84	84		(1) [To develop and periodically update and revise a] A comprehensive municipal police training plan;
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86	86		(2) [To approve, or revoke the] The approval of [,] any police training school and [to issue] the issuance of certification to such schools and [to revoke] the revocation of such certification;
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88	88		(3) [To set the] The minimum courses of study and attendance required and the equipment and facilities to be required of approved police training schools;
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90	90		(4) [To set the] The minimum qualifications for law enforcement instructors and [to issue] the issuance of appropriate certification to such instructors;
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92	92		[(5) To require that all probationary candidates receive the hours of basic training deemed necessary before being eligible for certification, such basic training to be completed within one year following the appointment as a probationary candidate, unless the candidate is granted additional time to complete such basic training by the council;
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94	94		(6) To require the registration of probationary candidates with the academy within ten days of hiring for the purpose of scheduling training;
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96	96		(7) To issue appropriate certification to police officers who have satisfactorily completed minimum basic training programs;
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98	98		(8) To require that each police officer satisfactorily complete at least forty hours of certified review training every three years in order to maintain certification, unless the officer is granted additional time not to exceed one year to complete such training by the council;
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100	100		(9) To renew the certification of those police officers who have satisfactorily completed review training programs;]
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102	102		[(10) To establish] (5) The establishment of uniform minimum educational and training standards for employment as a police officer in full-time positions, temporary or probationary positions and part-time or voluntary positions; and
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104	104		[(11) To visit and inspect police basic training schools and to inspect each school at least once each year;
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106	106		(12) To consult with and cooperate with universities, colleges and institutes for the development of specialized courses of study for police officers in police science and police administration;
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108	108		(13) To consult with and cooperate with departments and agencies of this state and other states and the federal government concerned with police training;
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110	110		(14) To employ an executive director and, within available appropriations, to employ any other personnel that may be necessary in the performance of its functions;
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112	112		(15) To perform any other acts that may be necessary and appropriate to carry out the functions of the council as set forth in sections 7-294a to 7-294e, inclusive;
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114	114		(16) To accept contributions, grants, gifts, donations, services or other financial assistance from any governmental unit, public agency or the private sector;
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116	116		(17) To conduct any inspection and evaluation that may be necessary to determine if a law enforcement unit is complying with the provisions of this section;
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118	118		(18) At the request and expense of any law enforcement unit, to conduct general or specific management surveys;
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120	120		(19) To develop objective and uniform criteria for granting any waiver of regulations or procedures established by the council;
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122	122		(20) To recruit, select and appoint candidates to the position of probationary candidate, as defined in section 7-294a, and provide recruit training for candidates of the Connecticut Police Corps program in accordance with the Police Corps Act, 42 USC 14091 et seq., as amended from time to time;]
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124	124		[(21) To develop, adopt and revise,] (6) The development, adoption and revision, as necessary, of comprehensive accreditation standards for the administration and management of law enforcement units, to grant accreditation to those law enforcement units that demonstrate their compliance with such standards and, at the request and expense of any law enforcement unit, to conduct such surveys as may be necessary to determine such unit's compliance with such standards. [; and]
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126	126		[(22) To appoint any council training instructor, or such other person as determined by the council, to act as a special police officer throughout the state as such instructor or other person's official duties may require, provided any such instructor or other person so appointed shall be a certified police officer. Each such special police officer shall be sworn and may arrest and present before a competent authority any person for any offense committed within the officer's precinct.]
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128	128		(b) No person may be employed as a police officer by any law enforcement unit for a period exceeding one year unless he or she has been certified under the provisions of subsection (a) of this section or has been granted an extension by the [council] executive director. No person may serve as a police officer during any period when his certification has been cancelled or revoked pursuant to the provisions of subsection (c) of this section. In addition to the requirements of this subsection, the [council] executive director may establish other qualifications for the employment of police officers and require evidence of fulfillment of these qualifications. The certification of any police officer who is not employed by a law enforcement unit for a period of time in excess of two years, unless such officer is on leave of absence, shall be considered lapsed. Upon reemployment as a police officer, such officer shall apply for recertification in a manner provided by the [council] executive director. The [council] executive director shall certify any applicant who presents evidence of satisfactory completion of a program or course of instruction in another state equivalent in content and quality to that required in this state, provided he or she passes an examination or evaluation as required by the [council] executive director.
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130	130		(c) (1) The [council] executive director may refuse to renew any certificate if the holder fails to meet the requirements for renewal of his or her certification.
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132	132		(2) The [council] executive director may cancel or revoke any certificate if: (A) The certificate was issued by administrative error, (B) the certificate was obtained through misrepresentation or fraud, (C) the holder falsified any document in order to obtain or renew any certificate, (D) the holder has been convicted of a felony, (E) the holder has been found not guilty of a felony by reason of mental disease or defect pursuant to section 53a-13, (F) the holder has been convicted of a violation of subsection (c) of section 21a-279 or section 29-9, (G) the holder has been refused issuance of a certificate or similar authorization or has had his or her certificate or other authorization cancelled or revoked by another jurisdiction on grounds which would authorize cancellation or revocation under the provisions of this subdivision, (H) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have used a firearm in an improper manner which resulted in the death or serious physical injury of another person, or (I) the holder has been found by a law enforcement unit, pursuant to procedures established by such unit, to have committed any act that would constitute tampering with or fabricating physical evidence in violation of section 53a-155, perjury in violation of section 53a-156 or false statement in the second degree in violation of section 53a-157b. Whenever the [council] executive director believes there is a reasonable basis for cancellation or revocation of the certification of a police officer, police training school or law enforcement instructor, [it] he or she shall give notice and an adequate opportunity for a hearing prior to such cancellation or revocation. The [council] executive director may cancel or revoke any certificate if, after a de novo review, [it] he or she finds by clear and convincing evidence (i) a basis set forth in subparagraphs (A) to (G), inclusive, of this subdivision, or (ii) that the holder of the certificate committed an act set forth in subparagraph (H) or (I) of this subdivision. Any police officer or law enforcement instructor whose certification is cancelled or revoked pursuant to this section may reapply for certification no sooner than two years after the date on which the cancellation or revocation order becomes final. Any police training school whose certification is cancelled or revoked pursuant to this section may reapply for certification at any time after the date on which such order becomes final.
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134	134		(d) Notwithstanding the provisions of subsection (b) of this section, any police officer, except a probationary candidate, who is serving under full-time appointment on July 1, 1982, shall be deemed to have met all certification requirements and shall be automatically certified by the [council] executive director in accordance with the provisions of subsection (a) of section 7-294e, as amended by this act.
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136	136		(e) The provisions of this section shall apply to any person who performs police functions. As used in this subsection, "performs police functions" for a person who is not a police officer, as defined in section 7-294a, as amended by this act, means that in the course of his or her official duties, such person carries a firearm and exercises arrest powers pursuant to section 54-1f or engages in the prevention, detection or investigation of crime, as defined in section 53a-24. The [council] executive director shall establish criteria by which the certification process required by this section shall apply to police officers.
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138	138		(f) The provisions of this section shall not apply to (1) any state police training school or program, (2) any sworn member of the Division of State Police within the Department of Public Safety, (3) Connecticut National Guard security personnel, when acting within the scope of their National Guard duties, who have satisfactorily completed a program of police training conducted by the United States Army or Air Force, (4) employees of the Judicial Department, (5) municipal animal control officers appointed pursuant to section 22-331, or (6) fire police appointed pursuant to section 7-313a. The provisions of this section with respect to renewal of certification upon satisfactory completion of review training programs shall not apply to any chief inspector or inspector in the Division of Criminal Justice who has satisfactorily completed a program of police training conducted by the division.
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140	140		Sec. 8. Section 7-294e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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142	142		(a) Notwithstanding the provisions of any general statute or special act or local law, ordinance or charter to the contrary, each police officer shall forfeit his or her appointment and position unless recertified by the [council] executive director according to procedures and within the time frame established by [the council] said director.
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144	144		(b) The [Police Officer Standards and Training Council] Department of Emergency Responder Training may adopt any regulations [it] the executive director deems necessary to carry out the provisions of section 7-294a, as amended by this act, subsection (a) of section 7-294b, as amended by this act, sections 7-294c, 7-294d, as amended by this act, and this section in accordance with the provisions of chapter 54, giving due consideration to the varying factors and special requirements of law enforcement units. Such regulations shall be binding upon all law enforcement units, except the Division of State Police within the Department of Public Safety.
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146	146		Sec. 9. Section 7-294f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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148	148		Each police basic training program conducted or administered by the Division of State Police within the Department of Public Safety, the [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training or municipal police department in the state shall include a course on sexual assault investigation and rape crisis intervention and each review training program conducted by such agencies shall make provision for such a course.
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150	150		Sec. 10. Section 7-294g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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152	152		(a) Each police basic or review training program conducted or administered by the Division of State Police within the Department of Public Safety, by the [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training or by a municipal police department in the state shall provide a minimum of two hours of training on the subject of domestic violence that includes, but is not limited to, the following: (1) Enforcement of criminal laws applicable in cases involving domestic violence; (2) techniques for handling incidents of domestic violence which promote the safety of the victim and the officer and which reduce the likelihood of recurrence; (3) organizations in the state that offer aid or shelter to victims of domestic violence; (4) applicable procedures in the prosecution of cases involving domestic violence; (5) orders issued by a court pursuant to chapter 815a. The Division of State Police, the [Police Officer Standards and Training Council] Department of Emergency Responder Training or municipal police departments, in consultation with the Connecticut Task Force on Abused Women, shall develop a program curriculum and shall submit such curriculum to the task force for approval. Individual shelter programs in the task force may also conduct domestic violence training in conjunction with any police training program.
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154	154		(b) Each police basic training program conducted or administered by the Division of State Police within the Department of Public Safety, by the [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training or by a municipal police department in the state shall include a course on the recognition and management of child abuse and suicide intervention procedures.
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156	156		Sec. 11. Section 7-294l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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158	158		Each police basic or review training program conducted or administered by the Division of State Police within the Department of Public Safety, the [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training or a municipal police department in the state shall include training on gang-related violence.
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160	160		Sec. 12. Section 7-294m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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162	162		(1) The [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training, in conjunction with the office of the Chief State's Attorney and the Connecticut Police Chiefs Association, and (2) the Division of State Police within the Department of Public Safety, in conjunction with the office of the Chief State's Attorney, shall provide instruction on the subject of new legal developments which affect police policies and practices concerning the investigation, detection and prosecution of criminal matters, each year to the chief law enforcement officer of each municipality and any person designated by such officer to serve in such capacity in such officer's absence. Each such officer may be given credit for such course of instruction toward the certified review training required by subsection (a) of section 7-294d, as amended by this act. Such training program shall be named "The John M. Bailey Seminar on New Legal Developments Impacting Police Policies and Practices".
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164	164		Sec. 13. Section 7-294n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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166	166		Each police basic or review training program conducted or administered by the Division of State Police within the Department of Public Safety, the [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training or a municipal police department in the state shall include training relative to crimes motivated by bigotry or bias.
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168	168		Sec. 14. Section 7-294o of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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170	170		Not later than January 1, [2008] 2012, the [Police Officer Standards and Training Council] Department of Emergency Responder Training shall develop and implement a policy concerning the acceptance of missing person reports by law enforcement agencies in this state and such agencies' response thereto. Such policy shall include, but not be limited to, guidelines for the acceptance of a missing person report, the types of information that a law enforcement agency should seek to ascertain and record concerning the missing person that would aid in locating the missing person, the circumstances that indicate that a missing person is a high risk missing person, the types of information that a law enforcement agency should provide to the person making the missing person report, a family member or any other person in a position to assist the law enforcement agency in its efforts to locate the missing person and the responsibilities of a law enforcement agency in responding to a missing person report and the manner of such response.
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172	172		Sec. 15. Section 7-294p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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174	174		The [Police Officer Standards and Training Council] Department of Emergency Responder Training may recover from any municipality [that (1) operated a local police training school, and (2) ceased the operation of such school on or after January 1, 2007,] the costs of providing law enforcement training [at the Connecticut Police Academy] for such municipality's recruits.
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176	176		Sec. 16. Section 7-294x of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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178	178		The [Police Officer Standards and Training Council established under section 7-294b] Department of Emergency Responder Training shall provide training to security personnel employed in the public schools by a local or regional board of education. Such training shall include drug detection and gang identification.
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180	180		Sec. 17. Section 7-294aa of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
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182	182		(a) Any sworn police officer employed by the state or a municipality who takes a leave of absence or resigns from such officer's employment on or after September 11, 2001, to volunteer for participation in international peacekeeping operations, is selected for such participation by a company which the United States Department of State has contracted with to recruit, select, equip and deploy police officers for such peacekeeping operations, and participates in such peacekeeping operations under the supervision of the United Nations, the Organization for Security and Cooperation in Europe or other sponsoring organization, shall be entitled, upon return to the United States, (1) to be restored by such officer's employer to the position of employment held by the officer when the leave commenced, or (2) if the original position of employment is not available, to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment, provided not later than six months after such return such officer notifies such officer's employer of such return and such officer's desire to be restored to such officer's original position of employment or an equivalent position of employment.
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184	184		(b) The [Police Officer Standards and Training Council] Department of Emergency Responder Training shall not cancel or revoke the certification of a police officer during the period such officer is participating in international peacekeeping operations outside the United States in accordance with subsection (a) of this section and for a period of six months after such officer returns to the United States, except for a reason specified in subsection (c) of section 7-294d, as amended by this act.
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186	186		Sec. 18. Section 14-286e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
187	187
188	188		(a) Any police officer, firefighter or person engaged in providing emergency services who operates a bicycle in response to an emergency call or while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law shall be exempt from the provisions of sections 14-286, 14-286a, 14-286b, 14-286c and 14-289 provided (1) the police officer, firefighter or person engaged in providing emergency services is sixteen years of age or older, (2) the police officer, firefighter or person engaged in providing emergency services is wearing a distinctive uniform, and (3) the police officer has completed a course of instruction in basic police bicycle patrol certified by the [Police Officer Standards and Training Council] Department of Emergency Responder Training or an equivalent course of instruction, and the firefighter or person engaged in providing emergency services has completed an equivalent course of basic bicycle patrol.
189	189
190	190		(b) The exemptions granted in subsection (a) of this section shall apply only when such bicycle is making use of an audible warning signal device, including, but not limited to a siren, whistle or bell.
191	191
192	192		(c) The provisions of this section shall not relieve the operator of a bicycle from the duty to drive with due regard for the safety of all persons and property.
193	193
194	194		Sec. 19. Subsection (b) of section 21a-274a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
195	195
196	196		(b) There is established a safe neighborhoods grant program which shall be administered by the Office of Policy and Management. Grants may be made, on a competitive basis, to the cities of Bridgeport, Danbury, Hartford, Meriden, Middletown, New Britain, New Haven, New London, Norwalk, Norwich, Stamford, Waterbury and Windham, and to the [Police Officer Standards and Training Council] Department of Emergency Responder Training for the purpose of (1) improving public safety in urban neighborhoods through programs which increase police presence by hiring additional police officers and establishing police substations for those neighborhoods, (2) involving residents in crime prevention activities, including security enhancements to neighborhood residences and business establishments, and (3) improving public safety in urban neighborhoods through programs which increase police presence by increasing the hours worked by police officers during times when such increased presence is most needed to deter and control illegal use of firearms in those neighborhoods where there has been a high incidence of illegal use of firearms in the commission of crime. A grantee shall use the grant to increase police presence within the grantee's safe neighborhoods project area and, with the approval of the Office of Policy and Management, a grantee may use such grant to temporarily increase police presence in high crime areas outside such project area. The Secretary of the Office of Policy and Management shall adopt regulations in accordance with chapter 54 for the administration of this section. Such regulations shall include provisions for the establishment of programs, the allocation of funds and the application process. For purposes of this subsection, the term "safe neighborhoods project area" means a single neighborhood within a municipality selected by the municipality to be eligible for a safe neighborhoods grant.
197	197
198	198		Sec. 20. Subsection (a) of section 29-179i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
199	199
200	200		(a) There shall be a State-Wide Cooperative Crime Control Task Force Policy Board which shall be in the Division of State Police within the Department of Public Safety for administrative purposes only. The policy board shall consist of a state committee and municipal subcommittees representing each municipality participating in the state-wide cooperative crime control task force. The state committee shall consist of the Commissioner of Public Safety who shall be the chairperson, the Chief Court Administrator or his or her designee, the Chief State's Attorney or his or her designee, the Commissioner of Correction or his designee, the executive director of the [Police Officer Standards and Training Council] Department of Emergency Responder Training or his or her designee, the Deputy Commissioner of the Department of Public Safety, Division of State Police or his designee, and the commanding officer of the task force. The municipal subcommittees shall consist of the chief executive officer of the participating municipality, the chief of police of the participating municipality and three other members appointed by such chief executive officer representing, but not limited to, the interests of the business community, social and community services and education.
201	201
202	202		Sec. 21. Section 31-294i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
203	203
204	204		For the purpose of adjudication of claims for payment of benefits under the provisions of this chapter to a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department or constable who began such employment on or after July 1, 1996, any condition or impairment of health caused by a cardiac emergency occurring to such member on or after July 1, 2009, while such member is in training for or engaged in fire duty at the site of an accident or fire, or other public safety operation within the scope of such member's employment for such member's municipal employer that results in death or temporary or permanent total or partial disability, shall be presumed to have been suffered in the line of duty and within the scope of such member's employment, unless the contrary is shown by a preponderance of the evidence, provided such member successfully passed a physical examination on entry into service conducted by a licensed physician designated by such department which examination failed to reveal any evidence of such condition. For the purposes of this section, "cardiac emergency" means cardiac arrest or myocardial infarction, and "constable" means any municipal law enforcement officer who is authorized to make arrests and has completed [Police Officer Standards and Training Council] Department of Emergency Responder Training certification pursuant to section 7-294a, as amended by this act.
205	205
206	206		Sec. 22. Section 7-323j of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
207	207
208	208		As used in this part, "executive director" means the executive director of the Department of Emergency Responder Training; "commission" means the Commission on Fire Prevention and Control; "municipality" means town, city, consolidated town and city, consolidated town and borough, borough, school district, fire district, fire and sewer district, sewer district, lighting district or any other municipal corporation or taxing district upon which is placed the duty of, or which has itself assumed the duty of, protecting its inhabitants from loss by fire; "fire fighting duties" means and includes duties performed in connection with the suppression and prevention of fires, fire training and rescue, fire investigation, arson investigation, details and assignments to protect the public safety against fire and other related work; "firefighters" means any person who is regularly employed and paid by any municipality or by a contractor which is a nonprofit corporation for the purpose of performing fire fighting duties for a municipality on an average of not less than thirty-five hours per week or any volunteer who performs fire fighting duties and who elects to cooperate with the [commission] Department of Emergency Responder Training in accordance with section 7-323m.
209	209
210	210		Sec. 23. Section 7-323k of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
211	211
212	212		(a) There is established a Commission on Fire Prevention and Control to consist of twelve members appointed by the Governor. The State Fire Marshal or his designee and the chancellor of the community-technical colleges or his designee shall serve as ex-officio, voting members of said commission. Of the twelve members appointed by the Governor, two shall represent The Connecticut State Firemen's Association, two shall represent the Connecticut Fire Chiefs Association, two shall represent the Uniformed Firefighters of the International Association of Firefighters, AFL-CIO, two shall represent the Connecticut Fire Marshals Association, two shall represent the Connecticut Fire Department Instructors Association and two shall represent the Connecticut Conference of Municipalities.
213	213
214	214		(b) On or before July fifteenth, annually, each organization to be represented on said commission shall submit to the Governor a list of nominees for appointment to said commission, which list the Governor may use when making his appointments to said commission. On or before September 1, 1975, the Governor shall appoint eight members of said commission to serve for a term of three years and on or before September 1, 1976, he shall appoint four members for a term of one year. Thereafter he shall appoint members to said commission, to replace those whose terms have expired, to serve for three years. Persons appointed to said commission shall be qualified, by experience or education, in the fields of fire protection, fire prevention, fire suppression, fire fighting and related fields.
215	215
216	216		(c) The commission shall meet at such times and at such places as it deems proper. Said commission shall elect from its membership a chairman, vice chairman and secretary who shall serve a one year term commencing on October first of the year in which they are elected, provided nothing contained herein shall prevent their reelection to such office. No member of said commission shall receive compensation for his or her services.
217	217
218	218		(d) Members of the commission shall not be considered as holding public office solely by virtue of their membership on said commission.
219	219
220	220		(e) The commission shall be within the Department of [Public Safety] Emergency Responder Training for administrative purposes only.
221	221
222	222		Sec. 24. Section 7-323l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
223	223
224	224		[(a)] The commission shall provide recommendations to the executive director on the following:
225	225
226	226		(1) [Recommend minimum] Minimum standards of education and physical condition required of each candidate for any firefighter position;
227	227
228	228		(2) [Establish standards] Standards for a fire service training and education program, on a voluntary basis, and [develop and conduct] for an examination program to certify those fire service personnel who satisfactorily demonstrate their ability to meet the requirements of the fire service training and education program standards;
229	229
230	230		(3) [Conduct fire] Fire fighting training and education programs designed to assist firefighters in developing and maintaining their skills and keeping abreast of technological advances in fire suppression, fire protection, fire prevention and related fields; and
231	231
232	232		(4) [Recommend standards] Standards for promotion to the various ranks of fire departments. [;]
233	233
234	234		[(5) Be authorized to apply for, receive and distribute any federal or private funds or contributions available for training and education of fire fighting personnel; and
235	235
236	236		(6) Submit to the Governor and Joint Legislative Management Committee of the General Assembly an annual report relating to the activities, recommendations and accomplishments of the commission.
237	237
238	238		(b) The commission may adopt regulations, in accordance with the provisions of chapter 54, as are necessary to implement the provisions of this section.]
239	239
240	240		Sec. 25. Section 7-323p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
241	241
242	242		(a) The [Office of State Fire Administration] Department of Emergency Responder Training shall maintain and operate a state fire school which shall [serve as the] provide training and education. [arm of the Commission on Fire Prevention and Control.] The use of any hazardous material, as defined in section 29-307a, except a virgin fuel, is prohibited in the simulation of any fire. The [office] department shall fix fees for training and education programs and sessions and for such other purposes deemed necessary for the operation and support of the school, subject to the approval of the [commission] Secretary of the Office of Policy and Management. Such fees shall be used solely for training and education purposes.
243	243
244	244		(b) The [commission] department may establish and maintain a state fire school training and education extension account, which shall be a separate account within the General Fund. The account shall contain any moneys required by law to be deposited in the account. The account may be used for the operation of such training and education extension programs and sessions as the [Office of State Fire Administration] department may establish, for the purchase of such equipment as is required for use in the operation of such programs and sessions. [, and for (1) reimbursement to municipalities and municipal fire departments for one-half of the costs of Firefighter I certification and recruit training of municipal volunteer and paid fire service personnel, and (2) reimbursement to state agencies for one-half of the costs of Firefighter I certification and recruit training of state agency fire service personnel.] All proceeds derived from the operation of the training and education extension programs and sessions shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses incurred in the conduct of the training, certification and education programs and sessions shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for its training and education programs and sessions, and for the acquisition, as provided by section 4b-21, alteration and repairs of real property for educational facilities, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided repairs, alterations or additions to educational facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Public Works, and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee.
245	245
246	246		(c) The [commission] department may establish and maintain a state fire school auxiliary services account, which shall be a separate account within the General Fund. The account shall be used for the operation, maintenance and repair of auxiliary service facilities and for such other auxiliary activities of the state fire school as the [Office of State Fire Administration] department determines. The proceeds of such activities shall be deposited in the General Fund and shall be credited to and become a part of the resources of the account. All direct expenses of operation, maintenance and repair of facilities, food services and other auxiliary activities shall be charged, and any payments of interest and principal of bonds or any sums transferable to any fund for the payment of interest and principal of bonds and any cost of equipment for such operations may be charged, against the account on order of the State Comptroller. Any balance of receipts above expenditures shall remain in the account to be used for the improvement and extension of such activities, except such sums as may be required to be transferred from time to time to any fund for the redemption of bonds and payment of interest on bonds, provided repairs, alterations or additions to auxiliary service facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Public Works, and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly or, when the General Assembly is not in session, of the Finance Advisory Committee. The [commission] department, with the approval of the Secretary of the Office of Policy and Management and the Finance Advisory Committee, may borrow from the resources of the General Fund at any time such sum or sums as it deems advisable, to establish or continue auxiliary services activities, such sums to be repaid in accordance with such schedule as the Secretary of the Office of Policy and Management shall establish.
247	247
248	248		Sec. 26. Section 7-323q of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
249	249
250	250		The state shall save harmless and indemnify any person certified as a fire service instructor by the [Commission on Fire Prevention and Control] Department of Emergency Responder Training under section 7-323l, as amended by this act, 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 or property damage, which acts are not wanton, reckless or malicious, provided such person, at the time of the acts resulting in such injury or damage, was acting in the discharge of such person's duties (1) as an employee or member of a municipal, state or tribal nation fire department to provide fire service training and instruction for the other members or employees of such municipal, state or tribal nation fire department, (2) as a fire service instructor employed by said [commission] department to provide fire service training and instruction on behalf of said [commission] department, or (3) as a fire service instructor employed by a regional fire school to provide fire service training and instruction on behalf of such school.
251	251
252	252		Sec. 27. Section 3-122 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
253	253
254	254		When any person, under the provisions of the constitution and bylaws of the Police Association of Connecticut, is entitled to relief from said association as a police officer injured in the line of duty, or rendered sick by disease contracted while in the line of duty, or as the widow, child or dependent mother of a police officer killed in the line of duty, the [Comptroller] executive director of the Department of Emergency Responder Training shall, upon the delivery to him or her of adequate proof from said association of the right of such person to such relief as aforesaid, [draw his order upon the Treasurer in favor of the] process payment for such person or persons entitled to such relief, or their legal representatives, for the amount to which such person or persons may be entitled as relief as aforesaid, provided such orders shall be limited to available appropriations.
255	255
256	256		Sec. 28. Section 3-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
257	257
258	258		Whenever a person, under the provisions of the constitution and bylaws of The Connecticut State Firefighters Association, is entitled to relief from said association, as a firefighter injured in the line of duty, or rendered sick by disease contracted while in the line of duty, or as the widow or child of a firefighter killed in the line of duty, the [Comptroller] executive director of the Department of Emergency Responder Training shall, upon the delivery to him or her of proper proofs from said association of the right of such person to relief as aforesaid, [draw his order upon the Treasurer in favor of the] process payment for such person or persons entitled to such relief, or their legal representative, for the amount to which such person or persons are entitled as relief as aforesaid, provided such orders shall be limited to available appropriations.
259	259
260	260		Sec. 29. Section 3-123e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2011):
261	261
262	262		The Comptroller, upon request of the executive director of the Department of Emergency Responder Training, shall disburse to any regional fire school, regional emergency dispatch center or any state or county-wide fire radio base network, in the form of a grant, such funds as may be appropriated to the [Comptroller] Department of Emergency Responder Training for the purposes of such fire school, emergency dispatch center or fire radio base network. Each such grant shall be disbursed in equal quarterly amounts at the beginning of each quarter of the state fiscal year. After the close of each fiscal year, each such fire school, emergency dispatch center or fire radio base network shall submit to the [Comptroller] executive director of the Department of Emergency Responder Training, through the Connecticut State Firemen's Association, an audited report concerning the disbursement of such grant funds.
263	263
264	264		Sec. 30. Sections 7-323n, 7-323o and 7-323r of the general statutes are repealed. (Effective July 1, 2011)
265	265
266	266
267	267
268	268
269	269		This act shall take effect as follows and shall amend the following sections:
270	270		Section 1 July 1, 2011 New section
271	271		Sec. 2 July 1, 2011 New section
272	272		Sec. 3 July 1, 2011 4-5
273	273		Sec. 4 July 1, 2011 4-38c
274	274		Sec. 5 July 1, 2011 7-294a
275	275		Sec. 6 July 1, 2011 7-294b(a)
276	276		Sec. 7 July 1, 2011 7-294d
277	277		Sec. 8 July 1, 2011 7-294e
278	278		Sec. 9 July 1, 2011 7-294f
279	279		Sec. 10 July 1, 2011 7-294g
280	280		Sec. 11 July 1, 2011 7-294l
281	281		Sec. 12 July 1, 2011 7-294m
282	282		Sec. 13 July 1, 2011 7-294n
283	283		Sec. 14 July 1, 2011 7-294o
284	284		Sec. 15 July 1, 2011 7-294p
285	285		Sec. 16 July 1, 2011 7-294x
286	286		Sec. 17 July 1, 2011 7-294aa
287	287		Sec. 18 July 1, 2011 14-286e
288	288		Sec. 19 July 1, 2011 21a-274a(b)
289	289		Sec. 20 July 1, 2011 29-179i(a)
290	290		Sec. 21 July 1, 2011 31-294i
291	291		Sec. 22 July 1, 2011 7-323j
292	292		Sec. 23 July 1, 2011 7-323k
293	293		Sec. 24 July 1, 2011 7-323l
294	294		Sec. 25 July 1, 2011 7-323p
295	295		Sec. 26 July 1, 2011 7-323q
296	296		Sec. 27 July 1, 2011 3-122
297	297		Sec. 28 July 1, 2011 3-123
298	298		Sec. 29 July 1, 2011 3-123e
299	299		Sec. 30 July 1, 2011 Repealer section
300	300
301	301		This act shall take effect as follows and shall amend the following sections:
302	302
303	303		Section 1
304	304
305	305		July 1, 2011
306	306
307	307		New section
308	308
309	309		Sec. 2
310	310
311	311		July 1, 2011
312	312
313	313		New section
314	314
315	315		Sec. 3
316	316
317	317		July 1, 2011
318	318
319	319		4-5
320	320
321	321		Sec. 4
322	322
323	323		July 1, 2011
324	324
325	325		4-38c
326	326
327	327		Sec. 5
328	328
329	329		July 1, 2011
330	330
331	331		7-294a
332	332
333	333		Sec. 6
334	334
335	335		July 1, 2011
336	336
337	337		7-294b(a)
338	338
339	339		Sec. 7
340	340
341	341		July 1, 2011
342	342
343	343		7-294d
344	344
345	345		Sec. 8
346	346
347	347		July 1, 2011
348	348
349	349		7-294e
350	350
351	351		Sec. 9
352	352
353	353		July 1, 2011
354	354
355	355		7-294f
356	356
357	357		Sec. 10
358	358
359	359		July 1, 2011
360	360
361	361		7-294g
362	362
363	363		Sec. 11
364	364
365	365		July 1, 2011
366	366
367	367		7-294l
368	368
369	369		Sec. 12
370	370
371	371		July 1, 2011
372	372
373	373		7-294m
374	374
375	375		Sec. 13
376	376
377	377		July 1, 2011
378	378
379	379		7-294n
380	380
381	381		Sec. 14
382	382
383	383		July 1, 2011
384	384
385	385		7-294o
386	386
387	387		Sec. 15
388	388
389	389		July 1, 2011
390	390
391	391		7-294p
392	392
393	393		Sec. 16
394	394
395	395		July 1, 2011
396	396
397	397		7-294x
398	398
399	399		Sec. 17
400	400
401	401		July 1, 2011
402	402
403	403		7-294aa
404	404
405	405		Sec. 18
406	406
407	407		July 1, 2011
408	408
409	409		14-286e
410	410
411	411		Sec. 19
412	412
413	413		July 1, 2011
414	414
415	415		21a-274a(b)
416	416
417	417		Sec. 20
418	418
419	419		July 1, 2011
420	420
421	421		29-179i(a)
422	422
423	423		Sec. 21
424	424
425	425		July 1, 2011
426	426
427	427		31-294i
428	428
429	429		Sec. 22
430	430
431	431		July 1, 2011
432	432
433	433		7-323j
434	434
435	435		Sec. 23
436	436
437	437		July 1, 2011
438	438
439	439		7-323k
440	440
441	441		Sec. 24
442	442
443	443		July 1, 2011
444	444
445	445		7-323l
446	446
447	447		Sec. 25
448	448
449	449		July 1, 2011
450	450
451	451		7-323p
452	452
453	453		Sec. 26
454	454
455	455		July 1, 2011
456	456
457	457		7-323q
458	458
459	459		Sec. 27
460	460
461	461		July 1, 2011
462	462
463	463		3-122
464	464
465	465		Sec. 28
466	466
467	467		July 1, 2011
468	468
469	469		3-123
470	470
471	471		Sec. 29
472	472
473	473		July 1, 2011
474	474
475	475		3-123e
476	476
477	477		Sec. 30
478	478
479	479		July 1, 2011
480	480
481	481		Repealer section
482	482
	483	+	Statement of Legislative Commissioners:
	484	+
	485	+	In sections 1(a) and (e), 5, 7(a)(15), 8(b) and 26, technical changes were made for clarity of reference.
	486	+
483	487
484	488
485	489		PS Joint Favorable Subst.-LCO
486		-	GAE Joint Favorable
487	490
488	491		PS
489	492
490	493		Joint Favorable Subst.-LCO
491		-
492		-	GAE
493		-
494		-	Joint Favorable