Connecticut 2019 Regular Session

Connecticut Senate Bill SB01016 Compare Versions

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Version 2 (New)

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7	5		General Assembly Raised Bill No. 1016
8	6		January Session, 2019
9	7		LCO No. 5278
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12		-	Referred to Committee on PUBLIC SAFETY AND
13		-	SECURITY
	10	+	Referred to Committee on PUBLIC SAFETY AND SECURITY
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15	12
16	13		Introduced by:
17	14		(PS)
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21	19		AN ACT CONCERNING EM ERGENCY PREPAREDNESS.
22	20		Be it enacted by the Senate and House of Representatives in General
23	21		Assembly convened:
24	22
25	23		Section 1. Section 28-8a of the general statutes is repealed and the 1
26	24		following is substituted in lieu thereof (Effective from passage): 2
27	25		(a) The chief executive officer of the municipality in which a major 3
28	26		disaster or emergency occurs, or his or her designee, may take such 4
29	27		action as he or she deems necessary to mitigate the major disaster or 5
30	28		emergency and to secure and preserve any documents and evidence 6
31	29		pertinent to and necessary for a future investigation. 7
32	30		(b) Any person who is not a member of a civil preparedness force 8
33	31		and who is requested by the chief executive officer of a municipality or 9
34	32		his or her designee to render aid in any major disaster, emergency, 10
35	33		disaster emergency or attack shall register, as soon as practicable, with 11
36	34		the local chief executive authority of the municipality requesting such 12
37	35		aid, or his or her designee. Any such person for whom workers' 13
38	36		compensation benefits are not otherwise provided shall be 14
39	37		compensated for death, disability or injury resulting from the 15 Raised Bill No. 1016
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46	43		rendering of such aid pursuant to the provisions of chapter 568, except 16
47	44		that (1) such person shall be construed to be an employee of the 17
48	45		municipality where the aid was rendered and (2) the person's average 18
49	46		weekly wage, as said term is used in chapter 568, shall be ascertained 19
50	47		pursuant to the provisions of subdivision (2) of subsection (a) of 20
51	48		section 28-14. All claims under this subsection shall be determined 21
52	49		according to the procedures specified in chapter 568. 22
53	50		Sec. 2. Section 28-9a of the general statutes is repealed and the 23
54	51		following is substituted in lieu thereof (Effective from passage): 24
55	52		(a) Whenever the Governor proclaims a disaster emergency under 25
56	53		the laws of this state, or the President declares an emergency or a 26
57	54		major disaster to exist in this state, the Governor is authorized: (1) To 27
58	55		enter into purchase, lease, or other arrangements with any agency of 28
59	56		the United States for temporary housing units to be occupied by 29
60	57		disaster victims and to make such units available to any political 30
61	58		subdivision of the state; (2) to assist any political subdivision of this 31
62	59		state which is the locus of such housing to acquire sites necessary for 32
63	60		such housing and to do all things required to prepare such sites to 33
64	61		receive and utilize such housing units by: (A) Advancing or lending 34
65	62		funds available to the Governor from any appropriation made by the 35
66	63		legislature, or from any other source, (B) "passing through" funds 36
67	64		made available by any agency, public or private, or (C) becoming a 37
68	65		copartner with the political subdivision for the execution and 38
69	66		performance of any temporary housing for disaster victims' project 39
70	67		and for such purposes to pledge the credit of the state on such terms as 40
71	68		[he] the Governor deems appropriate, having due regard for current 41
72	69		debt transactions of the state; (3) under such regulations as [he] the 42
73	70		Governor shall prescribe, to temporarily suspend or modify for not to 43
74	71		exceed sixty days any public health, safety, zoning, transportation or 44
75	72		other requirement of law or regulation within this state when by 45
76	73		proclamation [he] the Governor deems such suspension or 46
77	74		modification essential to provide temporary housing for disaster 47
78	75		victims. 48 Raised Bill No. 1016
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85	81		(b) Any political subdivision of this state is expressly authorized to 49
86	82		acquire, temporarily or permanently, by purchase, lease, or otherwise, 50
87	83		sites required for installation of temporary housing units for disaster 51
88	84		victims, and to enter into whatever arrangements, including purchase 52
89	85		of temporary housing units and payment of transportation charges, 53
90	86		which are necessary to prepare or equip such sites to utilize such 54
91	87		housing units. 55
92	88		(c) Nothing contained in this section shall be construed to limit the 56
93	89		Governor's authority to apply for, administer, and expend any grant, 57
94	90		gifts, or payments in aid of disaster prevention, preparedness, 58
95	91		response or recovery. 59
96	92		(d) "Major disaster", "emergency" and "temporary housing" as used 60
97	93		in this section have the same meanings as the terms are defined, or 61
98	94		used, in the Disaster Relief Act of 1974 (P.L. 93-288, 88 Stat. 143). 62
99	95		Sec. 3. Section 28-11 of the general statutes is repealed and the 63
100	96		following is substituted in lieu thereof (Effective from passage): 64
101	97		(a) During the existence of a civil preparedness or public health 65
102	98		emergency, as defined in section 19a-131, the Governor may, in the 66
103	99		event of shortage or disaster making such action necessary for the 67
104	100		protection of the public, take possession (1) of any land or buildings, 68
105	101		machinery or equipment; (2) of any horses, vehicles, motor vehicles, 69
106	102		aircraft, ships, boats, rolling stock of steam, diesel or electric railroads 70
107	103		or any other means of conveyance whatsoever; (3) of any antitoxins, 71
108	104		pharmaceutical products, vaccines or other biological products; and (4) 72
109	105		of any cattle, poultry or any provisions for persons or beast, and any 73
110	106		fuel, gasoline or other means of propulsion necessary or convenient for 74
111	107		the use of the military or naval forces of the state or of the United 75
112	108		States, or for the better protection of the welfare of the state or its 76
113	109		inhabitants according to the purposes of this chapter. 77
114	110		(b) [He] The Governor may use and employ all property of which 78
115		-	possession is taken, for such times and in such manner as [he] the 79 Raised Bill No. 1016
	111	+	possession is taken, for such times and in such manner as [he] the 79
	112	+	Governor deems for the best interests of the state or its inhabitants, 80 Raised Bill No. 1016
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122		-	Governor deems for the best interests of the state or its inhabitants, 80
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123	118		and may, in particular, when in [his] the Governor's opinion the public 81
124	119		exigency so requires, lease, sell or, when conditions warrant, distribute 82
125	120		gratuitously to or among any or all of the persons within the state 83
126	121		anything taken under this section. 84
127	122		(c) If real estate is seized under this section, a declaration of the 85
128	123		property seized, containing a full and complete description, shall 86
129	124		within a reasonable time be filed with the Secretary of the State and 87
130	125		with the town clerk of the town in which the property is located, and a 88
131	126		copy of the declaration shall be furnished the owner. If personal 89
132	127		property is seized under this section, the civil preparedness authorities 90
133	128		by whom it is seized shall maintain a docket containing a permanent 91
134	129		record of such personal property and its condition when seized, and 92
135	130		shall furnish a true copy of the docket recording to the owner of the 93
136	131		seized property. 94
137	132		(d) The owner of any property taken under this section shall receive 95
138	133		just compensation therefor as follows: (1) If property is taken for 96
139	134		temporary use, the Governor shall, as soon as possible after the taking, 97
140	135		fix the amount of compensation to be paid therefor. If such property is 98
141	136		returned to the owner in a damaged condition or is not returned to the 99
142	137		owner, the Governor shall fix forthwith the amount of compensation to 100
143	138		be paid for such damages or failure to return. Whenever the Governor 101
144	139		deems it advisable for the state to become the owner of property taken 102
145	140		under this section, [he] the Governor shall forthwith cause the owner 103
146	141		of the property to be notified in writing by registered or certified mail, 104
147	142		postage prepaid, and shall file a copy of the notice with the Secretary 105
148	143		of the State. (2) If the owner of property taken under this section 106
149	144		refuses to accept the amount of compensation fixed in accordance with 107
150	145		subdivision (1) of this subsection, [he] the owner may prefer a petition 108
151	146		to the superior court for the judicial district in which the property was 109
152	147		taken or to a judge of said court if the court is not in session, praying 110
153	148		that just compensation may be determined, which petition shall be 111
154		-	accompanied by a summons signed by competent authority, to serve 112 Raised Bill No. 1016
	149	+	accompanied by a summons signed by competent authority, to serve 112
	150	+	as process in civil actions before said court, notifying the Governor and 113
	151	+	all persons interested in such property to appear before the court or 114 Raised Bill No. 1016
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161		-	~~as process in civil actions before said court,~~ ~~notifying the Governor and 113~~
162		-	~~all persons interested in such property to appear before the court or 114~~
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163	157		judge. The court or judge shall refer the determination of the amount 115
164	158		of damages to a state referee as provided in section 48-10. The state 116
165	159		referee, after giving reasonable notice to the parties, shall, if possible, 117
166	160		view the property in question, hear the evidence, ascertain the value, 118
167	161		assess just damages to the owner or parties interested in the property 119
168	162		taken and report [his] the referee's doings to the court or judge. The 120
169	163		court or judge may accept the report or may reject it for irregular or 121
170	164		improper conduct by the state referee in the course of [his] the referee's 122
171	165		duties. If the report is rejected, the court or judge shall appoint another 123
172	166		state referee, who shall proceed in the same manner as the first referee 124
173	167		was required to proceed. If the report is accepted, such acceptance 125
174	168		shall have the effect of a judgment in favor of the owner of the 126
175	169		property against the state for the amount of the assessment made by 127
176	170		the referee, and, except as otherwise provided by law, execution may 128
177	171		issue therefor. The court or judge shall make any order necessary to 129
178	172		protect the rights of all parties interested, but in no event shall the 130
179	173		Governor be prevented from taking immediate possession and use of 131
180	174		the property in question. The expenses and costs of such hearings shall 132
181	175		be taxed against the petitioner except in cases where the assessment of 133
182	176		damages made by the referee is larger than the amount fixed by the 134
183	177		Governor under subdivision (1) of this subsection, in which case they 135
184	178		shall be taxed against the state, audited and allowed by the 136
185	179		Comptroller and paid by the state upon [his] the Comptroller's order. 137
186	180		(e) Whenever the Governor determines that any real property 138
187	181		acquired and retained under the provisions of this chapter is no longer 139
188	182		needed for the preparedness of the state or for purposes under this 140
189	183		chapter, [he] the Governor shall so notify the original owner of such 141
190	184		property and, upon the request of such owner and upon payment of 142
191	185		the fair value thereof, the Governor shall return such property to such 143
192	186		owner. If the Governor and the original owner do not agree as to the 144
193	187		fair value of the property, such value shall be determined by three 145
194		-	appraisers, one of whom shall be chosen by the Governor, one by the 146 Raised Bill No. 1016
	188	+	appraisers, one of whom shall be chosen by the Governor, one by the 146
	189	+	original owner and the third by the first two appraisers. The expenses 147
	190	+	of such determination shall be paid in equal shares by the state and the 148 Raised Bill No. 1016
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201		-	~~original owner and the third by the first two appraisers~~. ~~The expenses 147~~
202		-	~~of such determination shall be paid in equal shares by the state and the 148~~
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203	196		original owner. 149
204	197		(f) Whenever the need for any personal property requisitioned 150
205	198		under this chapter for the preparedness of the state terminates, the 151
206	199		Governor may dispose of such property on such terms and conditions 152
207	200		as [he] the Governor deems appropriate, but to the extent feasible and 153
208	201		practicable [he] the Governor shall give the former owner of such 154
209	202		property an opportunity to reacquire it (1) at its then fair value as 155
210	203		determined by the Governor or (2) if it is to be disposed of at less than 156
211	204		such value, otherwise than at a public sale of which such owner is 157
212	205		given notice, at the highest price any other person is willing to pay 158
213	206		therefor; provided the provisions of this subsection shall not apply in 159
214	207		the case of fungibles or items having a fair value of less than one 160
215	208		thousand dollars. 161
216	209		Sec. 4. Section 28-17 of the general statutes is repealed and the 162
217	210		following is substituted in lieu thereof (Effective from passage): 163
218	211		No employee shall be discharged because [he] the employee is a 164
219	212		member of any organization engaged in civil preparedness or because 165
220	213		he is eligible for induction into the armed forces of the United States. 166
221	214		This act shall take effect as follows and shall amend the following
222	215		sections:
223	216
224	217		Section 1 from passage 28-8a
225	218		Sec. 2 from passage 28-9a
226	219		Sec. 3 from passage 28-11
227	220		Sec. 4 from passage 28-17
228	221
229		-	PS Joint Favorable
	222	+	Statement of Purpose:
	223	+	To make technical corrections in the emergency preparedness statutes.
	224	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	225	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	226	+	not underlined.]
230	227