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| 3 | 3 | | LCO No. 2677 1 of 6 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 430 |
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| 6 | 6 | | February Session, 2020 |
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| 7 | 7 | | LCO No. 2677 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (PS) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT MAKING TECHNI CAL CHANGES TO THE E MERGENCY |
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| 20 | 20 | | PREPAREDNESS STATUTE S. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. Section 28-8a of the general statutes is repealed and the 1 |
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| 25 | 25 | | following is substituted in lieu thereof (Effective from passage): 2 |
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| 26 | 26 | | (a) The chief executive officer of the municipality in which a major 3 |
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| 27 | 27 | | disaster or emergency occurs, or his or her designee, may take such 4 |
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| 28 | 28 | | action as he or she deems necessary to mitigate the major disaster or 5 |
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| 29 | 29 | | emergency and to secure and preserve any documents and evidence 6 |
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| 30 | 30 | | pertinent to and necessary for a future investigation. 7 |
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| 31 | 31 | | (b) Any person who is not a member of a civil preparedness force and 8 |
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| 32 | 32 | | who is requested by the chief executive officer of a municipality or his 9 |
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| 33 | 33 | | or her designee to render aid in any major disaster, emergency, disaster 10 |
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| 34 | 34 | | emergency or attack shall register, as soon as practicable, with the local 11 |
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| 35 | 35 | | chief executive authority of the municipality requesting such aid, or his 12 |
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| 36 | 36 | | or her designee. Any such person for whom workers' compensation 13 |
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| 37 | 37 | | benefits are not otherwise provided shall be compensated for death, 14 |
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| 38 | 38 | | disability or injury resulting from the rendering of such aid pursuant to 15 Raised Bill No. 430 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 2677 2 of 6 |
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| 43 | 43 | | |
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| 44 | 44 | | the provisions of chapter 568, except that (1) such person shall be 16 |
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| 45 | 45 | | construed to be an employee of the municipality where the aid was 17 |
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| 46 | 46 | | rendered and (2) the person's average weekly wage, as said term is used 18 |
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| 47 | 47 | | in chapter 568, shall be ascertained pursuant to the provisions of 19 |
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| 48 | 48 | | subdivision (2) of subsection (a) of section 28-14. All claims under this 20 |
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| 49 | 49 | | subsection shall be determined according to the procedures specified in 21 |
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| 50 | 50 | | chapter 568. 22 |
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| 51 | 51 | | Sec. 2. Subsection (a) of section 28-9a of the general statutes is 23 |
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| 52 | 52 | | repealed and the following is substituted in lieu thereof (Effective from 24 |
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| 53 | 53 | | passage): 25 |
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| 54 | 54 | | (a) Whenever the Governor proclaims a disaster emergency under 26 |
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| 55 | 55 | | the laws of this state, or the President declares an emergency or a major 27 |
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| 56 | 56 | | disaster to exist in this state, the Governor is authorized: (1) To enter into 28 |
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| 57 | 57 | | purchase, lease, or other arrangements with any agency of the United 29 |
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| 58 | 58 | | States for temporary housing units to be occupied by disaster victims 30 |
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| 59 | 59 | | and to make such units available to any political subdivision of the state; 31 |
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| 60 | 60 | | (2) to assist any political subdivision of this state which is the locus of 32 |
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| 61 | 61 | | such housing to acquire sites necessary for such housing and to do all 33 |
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| 62 | 62 | | things required to prepare such sites to receive and utilize such housing 34 |
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| 63 | 63 | | units by: (A) Advancing or lending funds available to the Governor 35 |
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| 64 | 64 | | from any appropriation made by the legislature, or from any other 36 |
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| 65 | 65 | | source, (B) "passing through" funds made available by any agency, 37 |
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| 66 | 66 | | public or private, or (C) becoming a copartner with the political 38 |
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| 67 | 67 | | subdivision for the execution and performance of any temporary 39 |
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| 68 | 68 | | housing for disaster victims' project and for such purposes to pledge the 40 |
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| 69 | 69 | | credit of the state on such terms as [he] the Governor deems appropriate, 41 |
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| 70 | 70 | | having due regard for current debt transactions of the state; (3) under 42 |
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| 71 | 71 | | such regulations as [he] the Governor shall prescribe, to temporarily 43 |
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| 72 | 72 | | suspend or modify for not to exceed sixty days any public health, safety, 44 |
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| 73 | 73 | | zoning, transportation or other requirement of law or regulation within 45 |
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| 74 | 74 | | this state when by proclamation [he] the Governor deems such 46 |
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| 75 | 75 | | suspension or modification essential to provide temporary housing for 47 |
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| 76 | 76 | | disaster victims. 48 Raised Bill No. 430 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LCO No. 2677 3 of 6 |
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| 81 | 81 | | |
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| 82 | 82 | | Sec. 3. Section 28-11 of the general statutes is repealed and the 49 |
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| 83 | 83 | | following is substituted in lieu thereof (Effective from passage): 50 |
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| 84 | 84 | | (a) During the existence of a civil preparedness or public health 51 |
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| 85 | 85 | | emergency, as defined in section 19a-131, the Governor may, in the 52 |
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| 86 | 86 | | event of shortage or disaster making such action necessary for the 53 |
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| 87 | 87 | | protection of the public, take possession (1) of any land or buildings, 54 |
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| 88 | 88 | | machinery or equipment; (2) of any horses, vehicles, motor vehicles, 55 |
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| 89 | 89 | | aircraft, ships, boats, rolling stock of steam, diesel or electric railroads or 56 |
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| 90 | 90 | | any other means of conveyance whatsoever; (3) of any antitoxins, 57 |
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| 91 | 91 | | pharmaceutical products, vaccines or other biological products; and (4) 58 |
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| 92 | 92 | | of any cattle, poultry or any provisions for persons or beast, and any 59 |
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| 93 | 93 | | fuel, gasoline or other means of propulsion necessary or convenient for 60 |
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| 94 | 94 | | the use of the military or naval forces of the state or of the United States, 61 |
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| 95 | 95 | | or for the better protection of the welfare of the state or its inhabitants 62 |
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| 96 | 96 | | according to the purposes of this chapter. 63 |
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| 97 | 97 | | (b) [He] The Governor may use and employ all property of which 64 |
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| 98 | 98 | | possession is taken, for such times and in such manner as [he] the 65 |
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| 99 | 99 | | Governor deems for the best interests of the state or its inhabitants, and 66 |
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| 100 | 100 | | may, in particular, when in [his] the Governor's opinion the public 67 |
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| 101 | 101 | | exigency so requires, lease, sell or, when conditions warrant, distribute 68 |
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| 102 | 102 | | gratuitously to or among any or all of the persons within the state 69 |
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| 103 | 103 | | anything taken under this section. 70 |
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| 104 | 104 | | (c) If real estate is seized under this section, a declaration of the 71 |
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| 105 | 105 | | property seized, containing a full and complete description, shall within 72 |
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| 106 | 106 | | a reasonable time be filed with the Secretary of the State and with the 73 |
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| 107 | 107 | | town clerk of the town in which the property is located, and a copy of 74 |
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| 108 | 108 | | the declaration shall be furnished the owner. If personal property is 75 |
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| 109 | 109 | | seized under this section, the civil preparedness authorities by whom it 76 |
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| 110 | 110 | | is seized shall maintain a docket containing a permanent record of such 77 |
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| 111 | 111 | | personal property and its condition when seized, and shall furnish a 78 |
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| 112 | 112 | | true copy of the docket recording to the owner of the seized property. 79 |
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| 113 | 113 | | (d) The owner of any property taken under this section shall receive 80 Raised Bill No. 430 |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LCO No. 2677 4 of 6 |
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| 118 | 118 | | |
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| 119 | 119 | | just compensation therefor as follows: (1) If property is taken for 81 |
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| 120 | 120 | | temporary use, the Governor shall, as soon as possible after the taking, 82 |
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| 121 | 121 | | fix the amount of compensation to be paid therefor. If such property is 83 |
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| 122 | 122 | | returned to the owner in a damaged condition or is not returned to the 84 |
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| 123 | 123 | | owner, the Governor shall fix forthwith the amount of compensation to 85 |
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| 124 | 124 | | be paid for such damages or failure to return. Whenever the Governor 86 |
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| 125 | 125 | | deems it advisable for the state to become the owner of property taken 87 |
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| 126 | 126 | | under this section, [he] the Governor shall forthwith cause the owner of 88 |
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| 127 | 127 | | the property to be notified in writing by registered or certified mail, 89 |
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| 128 | 128 | | postage prepaid, and shall file a copy of the notice with the Secretary of 90 |
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| 129 | 129 | | the State. (2) If the owner of property taken under this section refuses to 91 |
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| 130 | 130 | | accept the amount of compensation fixed in accordance with 92 |
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| 131 | 131 | | subdivision (1) of this subsection, [he] the owner may prefer a petition 93 |
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| 132 | 132 | | to the superior court for the judicial district in which the property was 94 |
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| 133 | 133 | | taken or to a judge of said court if the court is not in session, praying 95 |
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| 134 | 134 | | that just compensation may be determined, which petition shall be 96 |
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| 135 | 135 | | accompanied by a summons signed by competent authority, to serve as 97 |
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| 136 | 136 | | process in civil actions before said court, notifying the Governor and all 98 |
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| 137 | 137 | | persons interested in such property to appear before the court or judge. 99 |
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| 138 | 138 | | The court or judge shall refer the determination of the amount of 100 |
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| 139 | 139 | | damages to a state referee as provided in section 48-10. The state referee, 101 |
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| 140 | 140 | | after giving reasonable notice to the parties, shall, if possible, view the 102 |
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| 141 | 141 | | property in question, hear the evidence, ascertain the value, assess just 103 |
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| 142 | 142 | | damages to the owner or parties interested in the property taken and 104 |
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| 143 | 143 | | report [his] the referee's doings to the court or judge. The court or judge 105 |
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| 144 | 144 | | may accept the report or may reject it for irregular or improper conduct 106 |
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| 145 | 145 | | by the state referee in the course of [his] the referee's duties. If the report 107 |
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| 146 | 146 | | is rejected, the court or judge shall appoint another state referee, who 108 |
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| 147 | 147 | | shall proceed in the same manner as the first referee was required to 109 |
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| 148 | 148 | | proceed. If the report is accepted, such acceptance shall have the effect 110 |
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| 149 | 149 | | of a judgment in favor of the owner of the property against the state for 111 |
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| 150 | 150 | | the amount of the assessment made by the referee, and, except as 112 |
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| 151 | 151 | | otherwise provided by law, execution may issue therefor. The court or 113 |
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| 152 | 152 | | judge shall make any order necessary to protect the rights of all parties 114 |
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| 153 | 153 | | interested, but in no event shall the Governor be prevented from taking 115 Raised Bill No. 430 |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | LCO No. 2677 5 of 6 |
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| 158 | 158 | | |
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| 159 | 159 | | immediate possession and use of the property in question. The expenses 116 |
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| 160 | 160 | | and costs of such hearings shall be taxed against the petitioner except in 117 |
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| 161 | 161 | | cases where the assessment of damages made by the referee is larger 118 |
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| 162 | 162 | | than the amount fixed by the Governor under subdivision (1) of this 119 |
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| 163 | 163 | | subsection, in which case they shall be taxed against the state, audited 120 |
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| 164 | 164 | | and allowed by the Comptroller and paid by the state upon [his] the 121 |
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| 165 | 165 | | Comptroller's order. 122 |
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| 166 | 166 | | (e) Whenever the Governor determines that any real property 123 |
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| 167 | 167 | | acquired and retained under the provisions of this chapter is no longer 124 |
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| 168 | 168 | | needed for the preparedness of the state or for purposes under this 125 |
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| 169 | 169 | | chapter, [he] the Governor shall so notify the original owner of such 126 |
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| 170 | 170 | | property and, upon the request of such owner and upon payment of the 127 |
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| 171 | 171 | | fair value thereof, the Governor shall return such property to such 128 |
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| 172 | 172 | | owner. If the Governor and the original owner do not agree as to the fair 129 |
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| 173 | 173 | | value of the property, such value shall be determined by three 130 |
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| 174 | 174 | | appraisers, one of whom shall be chosen by the Governor, one by the 131 |
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| 175 | 175 | | original owner and the third by the first two appraisers. The expenses 132 |
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| 176 | 176 | | of such determination shall be paid in equal shares by the state and the 133 |
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| 177 | 177 | | original owner. 134 |
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| 178 | 178 | | (f) Whenever the need for any personal property requisitioned under 135 |
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| 179 | 179 | | this chapter for the preparedness of the state terminates, the Governor 136 |
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| 180 | 180 | | may dispose of such property on such terms and conditions as [he] the 137 |
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| 181 | 181 | | Governor deems appropriate, but to the extent feasible and practicable 138 |
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| 182 | 182 | | [he] the Governor shall give the former owner of such property an 139 |
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| 183 | 183 | | opportunity to reacquire it (1) at its then fair value as determined by the 140 |
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| 184 | 184 | | Governor, or (2) if it is to be disposed of at less than such value, 141 |
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| 185 | 185 | | otherwise than at a public sale of which such owner is given notice, at 142 |
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| 186 | 186 | | the highest price any other person is willing to pay therefor; provided 143 |
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| 187 | 187 | | the provisions of this subsection shall not apply in the case of fungibles 144 |
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| 188 | 188 | | or items having a fair value of less than one thousand dollars. 145 |
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| 189 | 189 | | Sec. 4. Section 28-17 of the general statutes is repealed and the 146 |
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| 190 | 190 | | following is substituted in lieu thereof (Effective from passage): 147 Raised Bill No. 430 |
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| 191 | 191 | | |
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| 192 | 192 | | |
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| 193 | 193 | | |
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| 194 | 194 | | LCO No. 2677 6 of 6 |
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| 195 | 195 | | |
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| 196 | 196 | | No employee shall be discharged because [he] the employee is a 148 |
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| 197 | 197 | | member of any organization engaged in civil preparedness or because 149 |
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| 198 | 198 | | [he] the employee is eligible for induction into the armed forces of the 150 |
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| 199 | 199 | | United States. 151 |
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| 200 | 200 | | Sec. 5. Subsection (c) of section 28-30 of the general statutes is 152 |
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| 201 | 201 | | repealed and the following is substituted in lieu thereof (Effective July 1, 153 |
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| 202 | 202 | | 2020): 154 |
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| 203 | 203 | | (c) On and after January 1, 1990, no person may be employed as a 155 |
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| 204 | 204 | | telecommunicator by any public safety agency or private safety agency 156 |
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| 205 | 205 | | for a period exceeding one year unless such person has been certified by 157 |
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| 206 | 206 | | the division upon (1) successfully completing a telecommunicator 158 |
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| 207 | 207 | | training program and demonstrating proficiency in the performance of 159 |
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| 208 | 208 | | telecommunicator training program standards, or (2) successfully 160 |
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| 209 | 209 | | completing a written or oral examination developed by the division. 161 |
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| 210 | 210 | | This act shall take effect as follows and shall amend the following |
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| 211 | 211 | | sections: |
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| 212 | 212 | | |
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| 213 | 213 | | Section 1 from passage 28-8a |
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| 214 | 214 | | Sec. 2 from passage 28-9a(a) |
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| 215 | 215 | | Sec. 3 from passage 28-11 |
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| 216 | 216 | | Sec. 4 from passage 28-17 |
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| 217 | 217 | | Sec. 5 July 1, 2020 28-30(c) |
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| 218 | 218 | | |
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| 219 | 219 | | Statement of Purpose: |
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| 220 | 220 | | To make technical changes to the emergency preparedness statutes. |
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| 221 | 221 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 222 | 222 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 223 | 223 | | underlined.] |
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| 224 | 224 | | |
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