General Assembly Substitute Bill No. 1073
January Session, 2013 *_____SB01073PS____032113____*
General Assembly
Substitute Bill No. 1073
January Session, 2013
*_____SB01073PS____032113____*
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 Subsection (a) of section 28-30a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):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 Section 28-30b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):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, as amended by this act, 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.
Sec. 11. Section 29-10b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
The Commissioner of Emergency Services and Public Protection shall charge the following fees for the item or service indicated:
(1) Each search of the record files made pursuant to a request for a copy of an accident or investigative report which results in no document being produced, [six dollars, and on and after July 1, 1993,] sixteen dollars.
(2) Each copy of an accident or investigative report, [six dollars, and on and after July 1, 1993,] sixteen dollars.
Sec. 12. Subsection (a) of section 29-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The bureau in the Division of State Police within the Department of Emergency Services and Public Protection known as the State Police Bureau of Identification shall be maintained for the purposes of (1) [of] providing an authentic record of each person sixteen years of age or over who is charged with the commission of any crime involving moral turpitude, (2) [of] providing definite information relative to the identity of each person so arrested, (3) [of] providing a record of the final judgment of the court resulting from such arrest, unless such record has been erased pursuant to section 54-142a, and (4) [for] maintaining a central repository of complete criminal history record disposition information. The Commissioner of Emergency Services and Public Protection is directed to maintain the State Police Bureau of Identification, which bureau shall receive, classify and file in an orderly manner all fingerprints, pictures and descriptions, including previous criminal records as far as known of all persons so arrested, and shall classify and file in a like manner all identification material and records received from the government of the United States and from the various state governments and subdivisions thereof, and shall cooperate with such governmental units in the exchange of information relative to criminals. The State Police Bureau of Identification shall accept fingerprints of applicants for admission to the bar of the state and, to the extent permitted by federal law, shall exchange state, multistate and federal criminal history records with the State Bar Examining Committee for purposes of investigation of the qualifications of any applicant for admission as an attorney under section 51-80. The record of all arrests reported to the bureau after March 16, 1976, shall contain information of any disposition within ninety days after the disposition has occurred.
Sec. 13. Section 29-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
There shall be (1) an Office of the State Fire Marshal, and (2) an Office of the State Building Inspector, within the Department of Construction Services. The head of each [such] office shall report to the Commissioner of Construction Services.
Sec. 14. Subsection (b) of section 19a-491c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) (1) On or before July 1, 2012, the Department of Public Health shall create and implement a criminal history and patient abuse background search program, within available appropriations, in order to facilitate the performance, processing and analysis of the criminal history and patient abuse background search of individuals who have direct access.
(2) The Department of Public Health shall develop a plan to implement the criminal history and patient abuse background search program, in accordance with this section. In developing such plan, the department shall (A) consult with the Commissioners of Emergency Services and Public Protection, Developmental Services, Mental Health and Addiction Services, Social Services and Consumer Protection, or their designees, the State Long-Term Care Ombudsman, or a designee, the chairperson [for] of the Board of Pardons and Paroles, or a designee, a representative of each category of long-term care facility and representatives from any other agency or organization the Commissioner of Public Health deems appropriate, (B) evaluate factors including, but not limited to, the administrative and fiscal impact of components of the program on state agencies and long-term care facilities, background check procedures currently used by long-term care facilities, federal requirements pursuant to Section 6201 of the Patient Protection and Affordable Care Act, P.L. 111-148, as amended from time to time, and the effect of full and provisional pardons on employment, and (C) outline (i) an integrated process with the Department of [Public Safety] Emergency Services and Public Protection to cross-check and periodically update criminal information collected in criminal databases, (ii) a process by which individuals with disqualifying offenses can apply for a waiver, and (iii) the structure of an Internet-based portal to streamline the criminal history and patient abuse background search program. The Department of Public Health shall submit such plan, including a recommendation as to whether homemaker-companion agencies should be included in the scope of the background search program, to the joint standing committees of the General Assembly having cognizance of matters relating to aging, appropriations and the budgets of state agencies, and public health, in accordance with the provisions of section 11-4a, not later than February 1, 2012.
Sec. 15. Subsection (a) of section 19a-510a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) The attending physician, the director of a health care institution, his designee, or any health care provider shall report the provision of treatment for (1) a second or third degree burn to five per cent or more of the body, (2) any burn to the upper respiratory tract, (3) laryngeal edema due to the inhalation of superheated air, (4) each case of a burn injury which is likely to or may result in death, and (5) any injury resulting from the use of fireworks, immediately, by telephone, to the local fire marshal of the jurisdiction where the incident which caused the burn occurred, and within forty-eight hours, in writing, to the [State Fire Marshal's] Office of the State Fire Marshal on forms provided by that office. The [report shall be sent to the Bureau of State Fire Marshal and Safety Services which] office shall compile the information and publish a statistical abstract to be submitted annually to local fire marshals and the General Assembly.
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)
Sec. 11 July 1, 2013 29-10b
Sec. 12 July 1, 2013 29-11(a)
Sec. 13 July 1, 2013 29-250
Sec. 14 July 1, 2013 19a-491c(b)
Sec. 15 July 1, 2013 19a-510a(a)
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)
Sec. 11
July 1, 2013
29-10b
Sec. 12
July 1, 2013
29-11(a)
Sec. 13
July 1, 2013
29-250
Sec. 14
July 1, 2013
19a-491c(b)
Sec. 15
July 1, 2013
19a-510a(a)
PS Joint Favorable Subst.
PS
Joint Favorable Subst.