General Assembly Raised Bill No. 1073
January Session, 2013 LCO No. 4097
*04097_______PS_*
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
General Assembly
Raised Bill No. 1073
January Session, 2013
LCO No. 4097
*04097_______PS_*
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING MINOR AND TECHNICAL CHANGES TO PUBLIC SAFETY STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 28-30a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) There is established a fund to be known as the "Enhanced 9-1-1 Telecommunications Fund". The fund shall contain any moneys required by law to be deposited in the fund, including, but not limited to, any federal funds collected pursuant to subsection (d) of section 28-24, [and] fees assessed against subscribers of local telephone service [,] and subscribers of commercial mobile radio services pursuant to section 16-256g, as amended by this act, and [revenues from the] prepaid wireless E 9-1-1 [fee imposed] fees collected pursuant to section 28-30e, as amended by this act. The Enhanced 9-1-1 Telecommunications Fund shall be held separate and apart from all other moneys, funds and accounts. Interest derived from the investment of the fund shall be credited to the assets of the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.
Sec. 2. Section 28-30b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in sections 28-30a, as amended by this act, 28-30b, 28-30d, [and] 28-30e, as amended by this act, and 28-30f, as amended by this act:
(1) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.
(2) "Prepaid wireless E 9-1-1 fee" means the [charge] fee that [any] a seller collects from a consumer in an amount established by section 28-30e, as amended by this act.
(3) "Prepaid wireless telecommunications service" means a wireless telephone service that a consumer pays for in advance, that allows the consumer to access the E 9-1-1 system by dialing 9-1-1, and that is sold in predetermined units or dollars and such units or dollars decline with use.
(4) "Provider" means any person who provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.
(5) "Retail transaction" means a purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
(6) "Seller" means a person who sells prepaid wireless telecommunications service to a consumer.
(7) "Voice over Internet protocol service" or "VOIP" means a service that has the following characteristics: (A) Enables real-time, two-way voice communication; (B) requires a broadband connection from the users' locations; (C) requires IP-compatible customer premises equipment; and (D) allows subscribers generally to receive calls that originate on the public switched telephone network and to terminate calls on the public switched telephone.
(8) "Voice over Internet protocol service provider" or "VOIP service provider" means a company that provides VOIP telephone service.
(9) "Wireless telecommunications service" means commercial mobile radio service, as defined in 47 CFR Section 20.3, as from time to time amended.
Sec. 3. Subsection (a) of section 28-30e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Each consumer shall be assessed a prepaid wireless E 9-1-1 fee. Such fee shall be equal to the [rate] fee determined by the Public Utilities Regulatory Authority in accordance with subsection (a) of section 16-256g, as amended by this act, for each retail transaction. For the purposes of this section, if a consumer purchase includes multiple prepaid wireless telecommunications services, each such individual service shall constitute a retail transaction.
Sec. 4. Subsection (a) of section 28-30f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) Any seller who collects a prepaid wireless E 9-1-1 [charge] fee shall remit such fee to the Department of Revenue Services at such time and in such manner as required by chapter 219. The department shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to retail sellers under chapter 219.
Sec. 5. Subsection (a) of section 16-256g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) By June first of each year, the Public Utilities Regulatory Authority shall conduct a proceeding to determine the amount of the monthly fee to be assessed against each subscriber of: (1) Local telephone service, (2) commercial mobile radio service, as defined in 47 CFR Section 20.3, and (3) voice over Internet protocol service, as defined in section 28-30b, to fund the development and administration of the enhanced emergency 9-1-1 program. The authority shall base such fee on the findings of the Commissioner of Emergency Services and Public Protection, pursuant to subsection (c) of section 28-24, taking into consideration any existing moneys available in the Enhanced 9-1-1 Telecommunications Fund. The authority shall consider the progressive wire line inclusion schedule contained in the final report of the task force to study enhanced 9-1-1 telecommunications services established by public act 95-318. The authority shall not approve any fee (A) greater than seventy-five cents per month per access line, (B) that does not include the progressive wire line inclusion schedule, or (C) for commercial mobile radio service, as defined in 47 CFR Section 20.3, that includes the progressive wire line inclusion schedule.
Sec. 6. Subsection (b) of section 29-349 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) No person, firm or corporation shall engage in any activity concerning the storage, transportation or use of explosives unless such person, firm or corporation has obtained a license therefor from the Commissioner of Construction Services. Such license shall be issued upon payment of a fee of two hundred dollars and upon submission by the applicant of evidence of good moral character and of competence in the control and handling of explosives, provided, if such license is for the use of explosives, it may be issued only to an individual [person] after demonstration that such individual is technically qualified to detonate explosives. Any such license to use explosives shall bear both the fingerprints of the licensee obtained by the Commissioner of Construction Services at the time of licensing, and the licensee's photograph, furnished by the licensee, of a size specified by the commissioner and taken not more than one year prior to the issuance of the license. Each such license shall be valid for one year from the date of its issuance, unless sooner revoked or suspended, and may be renewed annually thereafter upon a payment of one hundred fifty dollars.
Sec. 7. Subsection (g) of section 29-349 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(g) Any person who, by himself or herself or by such person's employee or agent or as the employee or agent of another, violates any provision of this section, or any regulation [made] adopted by the Commissioner of Construction Services pursuant to the provisions of this section, shall be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
Sec. 8. Subsection (i) of section 29-349 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(i) Notwithstanding the provisions of this section, the Labor Commissioner shall regulate the storage, transportation and use of explosives and blasting agents in places of employment insofar as such activities relate to employee health and safety, provided such regulations shall be no less stringent than those [prepared] adopted and enforced by the Commissioner of Construction Services pursuant to this section.
Sec. 9. Subsection (a) of section 29-1s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(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, 14-67m, 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, as amended by this act, 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, as amended by this act, 29-1c, 29-1e to 29-1h, inclusive, 29-1q, 29-1zz, 29-2, 29-2a, 29-2b, 29-3a, 29-4a, 29-6a, 29-7, 29-7b, 29-7c, 29-7h, 29-7m, 29-7n, 29-8, 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, inclusive, 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.
Sec. 10. Subsection (b) of section 29-1t of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(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) the executive director of the Connecticut Council of Small Towns or a designee; (6) a member of the Police Officer Standards Training Council, designated by the chairperson of said council; (7) a member of the Commission on Fire Prevention and Control, designated by the chairperson of said commission; (8) the president of the Connecticut Emergency Management Association or a designee; (9) the president of the Connecticut Police Chiefs Association or a designee; (10) the president of the Connecticut Fire Chiefs Association or a designee; (11) the president of the Connecticut Career Fire Chiefs Association or a designee; (12) the Commissioner of Public Health; and (13) 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2013 28-30a(a)
Sec. 2 July 1, 2013 28-30b
Sec. 3 July 1, 2013 28-30e(a)
Sec. 4 July 1, 2013 28-30f(a)
Sec. 5 July 1, 2013 16-256g(a)
Sec. 6 July 1, 2013 29-349(b)
Sec. 7 July 1, 2013 29-349(g)
Sec. 8 July 1, 2013 29-349(i)
Sec. 9 July 1, 2013 29-1s(a)
Sec. 10 July 1, 2013 29-1t(b)
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2013
28-30a(a)
Sec. 2
July 1, 2013
28-30b
Sec. 3
July 1, 2013
28-30e(a)
Sec. 4
July 1, 2013
28-30f(a)
Sec. 5
July 1, 2013
16-256g(a)
Sec. 6
July 1, 2013
29-349(b)
Sec. 7
July 1, 2013
29-349(g)
Sec. 8
July 1, 2013
29-349(i)
Sec. 9
July 1, 2013
29-1s(a)
Sec. 10
July 1, 2013
29-1t(b)
Statement of Purpose:
To make minor and technical changes to various statutes concerning emergency services and public safety.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]