Sec. 28-1b. State-wide Emergency Management and Homeland Security Coordinating Council: Duties; members; chairpersons; meetings; vacancies; annual
report. (a) There is established a state-wide Emergency Management and Homeland
Security Coordinating Council to advise the Department of Public Safety, the Office of
Emergency Management and, on and after January 1, 2005, the Department of Emergency Management and Homeland Security with respect to: (1) Application and distribution of federal or state funds for emergency management and homeland security; (2)
planning, design, implementation and coordination of state-wide emergency response
systems; (3) assessing the state's overall emergency management and homeland security
preparedness, policies and communications; (4) the recommendation of strategies to
improve emergency response and incident management including, but not limited to,
training and exercises, volunteer management, communications and use of technology,
intelligence gathering, compilation and dissemination, the development, coordination
and implementation of state and federally required emergency response plans, and the
assessment of the state's use of regional management structures; and (5) strengthening
consultation, planning, cooperation and communication among federal, state and local
governments, the Connecticut National Guard, police, fire, emergency medical and other
first responders, emergency managers, public health officials, private industry and community organizations. The council shall advise the Governor and the General Assembly
on its findings and efforts to secure the state from all disasters and emergencies and to
enhance the protection of the citizens of the state.
(b) The council shall consist of: (1) The Commissioner of Emergency Management
and Homeland Security; the Secretary of the Office of Policy and Management; the
Commissioner of Public Safety; the Commissioner of Public Health; the Commissioner
of Mental Health and Addiction Services; the Commissioner of Environmental Protection; the Commissioner of Public Works; the Commissioner of Transportation; the Adjutant General of the Military Department; the chairperson of the Department of Public
Utility Control; the Chief Information Officer, as defined in section 4d-1; the State Fire
Administrator; or their designees; and (2) the following members appointed as follows
not later than July 1, 2004: Two municipal police chiefs, one appointed by the speaker
of the House of Representatives and one appointed by the Governor; two municipal fire
chiefs, one appointed by the president pro tempore of the Senate and one appointed by
the Governor; one volunteer fire chief appointed by the minority leader of the Senate;
one representative of the Connecticut Conference of Municipalities appointed by the
majority leader of the Senate; one representative of the Council of Small Towns appointed by the minority leader of the House of Representatives; one local or regional
civil preparedness director appointed by the speaker of the House of Representatives;
one local or regional health director appointed by the president pro tempore of the Senate;
one emergency medical services professional appointed by the Governor; one nonprofit
hospital administrator appointed by the majority leader of the House of Representatives;
and one manager or coordinator of 9-1-1 public safety answering points appointed by
the Governor. Each member appointed under this subdivision shall serve for a term of
three years from July 1, 2004, or until a qualified successor has been appointed to replace
such member. No member appointed under this subdivision shall receive any compensation for such member's service on the council.
(c) The Secretary of the Office of Policy and Management, or the secretary's designee who shall be an employee of said office, shall serve as chairperson of the council
until January 1, 2005. On and after January 1, 2005, the Commissioner of Emergency
Management and Homeland Security shall serve as chairperson.
(d) The council shall hold its first meeting not later than August 1, 2004, and shall
meet at least monthly thereafter.
(e) The chairperson of the council may request the participation of other representatives of federal, state, regional and local agencies as nonvoting members for purposes
of consultation, planning and communication.
(f) Any vacancy on the council shall be filled for the unexpired portion of the term
by the appointing authority having the power to make the original appointment. Any
vacancy occurring on the council shall be filled within thirty days.
(g) The council shall submit a report to the General Assembly not later than January
1, 2005, and annually thereafter.
(P.A. 04-219, S. 27.)
History: P.A. 04-219 effective June 8, 2004.
Secs. 28-1c to 28-1g. Reserved for future use.
Sec. 28-1h. Direct allocation of financial assistance to municipalities or local
or regional agencies. Nothing in this chapter shall be deemed to require municipalities
or local or regional agencies otherwise eligible for federal or state financial assistance
for purposes of emergency management or homeland security to agree that such financial
assistance shall not be allocated directly to such municipalities or local or regional
agencies.
(P.A. 04-219, S. 28.)
History: P.A. 04-219 effective January 1, 2005.
Sec. 28-1i. Annual report to General Assembly re state-wide emergency management and homeland security activites. Not later than January 1, 2006, and annually
thereafter, the Commissioner of Emergency Management and Homeland Security shall
submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to public safety that specifies and evaluates state-wide emergency management and homeland security activities during the preceding calendar year.
(P.A. 04-219, S. 29.)
History: P.A. 04-219 effective January 1, 2005.
Sec. 28-2. Emergency management. Director. Office. Section 28-2 is repealed,
effective January 1, 2005.
(June, 1951, S. 1906d; November, 1955, S. N183; 1957, P.A. 420, S. 1; 1959, P.A. 333, S. 1; 1961, P.A. 322; 1963,
P.A. 642, S. 31; 1969, P.A. 768, S. 259; P.A. 73-296; 73-335; 73-517; 73-544, S. 2; P.A. 75-333, S. 2; 75-486, S. 60, 69;
P.A. 77-568, S. 1, 2; 77-614, S. 19, 511, 610; P.A. 80-483, S. 152, 186; P.A. 81-472, S. 57, 159; P.A. 88-1, S. 11, 13; 88-135, S. 6; P.A. 93-66; P.A. 99-190, S. 2, 9; P.A. 04-219, S. 31.)
Sec. 28-3. Political activity. No organization for civil preparedness established
under the authority of this chapter shall be used directly or indirectly for political purposes. Full-time, regularly-paid officers, employees or members of such organizations
shall be subject to the provisions of sections 5-266a to 5-266d, inclusive.
(June, 1951, S. 1907d; 1972, P.A. 294, S. 27; P.A. 73-544, S. 3.)
History: 1972 act substituted reference to Secs. 5-266a to 5-266d for reference to Sec. 5-61; P.A. 73-544 substituted
"civil preparedness" for "civil defense".
Sec. 28-4. Agreements with other states. Local offices. With the approval of the
Governor, the commissioner or the commissioner's designee may: (1) Represent the
state on any regional or interstate organization for civil preparedness and may, on behalf
of the state, enter into reciprocal mutual aid arrangements with other states; (2) establish
and operate such area or district offices as may be necessary to control and coordinate
civil preparedness preparations and mutual aid among communities.
(June, 1951, S. 1908d; P.A. 73-544, S. 4; P.A. 04-219, S. 14.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" where appearing; P.A. 04-219 substituted
commissioner or commissioner's designee for director and substituted numerical Subdiv. designators for Subsec. designators, effective January 1, 2005.
Sec. 28-5. Preparation for civil preparedness. Subpoenas. Comprehensive
plan and program for civil preparedness. Training programs. Cooperation by
other state agencies. Orders and regulations. (a) The commissioner may make studies
and surveys of the manpower, industries, resources and facilities of the state to ascertain
the capabilities of the state for civil preparedness and to plan for their most efficient use
in time of emergency. The commissioner may apply to the superior court for the judicial
district of Hartford, or to a judge of said court if the court is not in session, for a subpoena
to compel the attendance of witnesses or the production of books, papers, records or
documents of individuals, firms, associations or corporations as may be necessary to
the effective preparation of the civil preparedness of the state. Said court or such judge
shall, before issuing such subpoena, provide adequate opportunity for the commissioner
and the party against whom the subpoena is requested to be heard. No such subpoena
shall issue unless the court or judge certifies that the attendance of such witness or the
production of such books, papers, records or documents is reasonably necessary to the
effective preparation of the civil preparedness of the state and that the commissioner
has made reasonable efforts to secure such attendance or such books, papers, records
or documents without recourse to compulsory process.
(b) The commissioner shall direct the preparation of a comprehensive plan and
program for the civil preparedness of the state and integrate and coordinate that plan
and program to the fullest extent possible with the civil preparedness plans of the federal
government and of other states. When the plan and program has been prepared, the
commissioner shall present it to the Governor for his approval. When the Governor
approves the plan, all government agencies, state or local, and all civil preparedness
forces in the state shall carry out the duties and functions assigned by the plan and
program as approved. The plan and program may, from time to time, be amended or
modified in like manner. The commissioner shall coordinate the civil preparedness activities of the towns and cities of the state to the end that they shall be fully integrated with
the state civil preparedness plan and program.
(c) In accordance with the state civil preparedness plan and program, the commissioner shall institute such training programs and public information programs, shall take
all other preparatory steps, including the partial or full mobilization of civil preparedness
forces in advance of actual disaster, as may be necessary to the prompt and effective
operation of the state civil preparedness plan in time of emergency and may, from time
to time, conduct such practice blackouts or radio silences as may be authorized by the
United States Army or its duly designated agency, and such practice air raid alerts or
other civil preparedness exercises as the commissioner may deem necessary.
(d) The commissioner shall utilize the personnel, services, equipment, supplies and
facilities of existing departments, offices and agencies of the state to the maximum
extent possible. The head of each such department, office or agency, in cooperation
with and under the direction of the commissioner, shall be responsible for the planning
and programming of such activities in the civil preparedness programs as will involve
the utilization of the facilities of his department, office, institution or agency and shall
implement and carry out such activities whenever necessary for the welfare and safety
of the state.
(e) In order to accomplish the purposes of this chapter, the commissioner may make
such orders and such regulations as may be necessary to develop and implement the
civil preparedness plan and program. Subject to the provisions of chapter 54, all such
orders and regulations shall have the full force and effect of law.
(June, 1951, S. 1909d; 1972, P.A. 294, S. 28; P.A. 73-544, S. 5; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; 88-317,
S. 88, 107; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-12, S. 3, 10; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-190, S. 3, 9; P.A. 04-219, S. 15.)
History: 1972 act substituted "joint committee on legislative management" for "legislative council"; P.A. 73-544 substituted "civil preparedness" for "civil defense" throughout; P.A. 78-280 substituted "for the judicial district of Hartford-New Britain" for "for Hartford county" following "superior court"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended reference to Secs.
4-168 to 4-173 in Subsec. (e) to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1,
1991, to September 1, 1993; May Sp. Sess. P.A. 92-12 amended Subsec. (e) to authorize commissioner of public safety
to make regulations in lieu of director; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1,
1996, to September 1, 1998, effective July 1, 1995; P.A. 99-190 amended Subsec. (e) by substituting "Adjutant General"
for "Commissioner of Public Safety", effective July 1, 1999; P.A. 04-219 substituted commissioner for director throughout,
required commissioner to direct the preparation of comprehensive plan and program for the civil preparedness of the state
and made a technical change in Subsec. (b), made technical changes in Subsec. (c), and eliminated references to authorization
of the Adjutant General to make regulations and to "sections 4-168 to 4-173, inclusive", added reference to chapter 54,
and eliminated procedures re suspension of conflicting orders or regulations in Subsec. (e), effective January 1, 2005.
Sec. 28-6. Mutual aid or mobile support units. (a) All civil preparedness units,
forces, facilities, supplies and equipment in the state are deemed to be available for
employment as mutual aid or mobile support. They may be ordered to duty by the
Governor or the commissioner only under the conditions defined in subsection (f) of
section 28-7 or section 28-9, except that such civil preparedness units, forces, facilities,
supplies and equipment may be employed in another state under the conditions specified
in subsection (e) of this section.
(b) Personnel of such civil preparedness units or forces, while engaged in officially
authorized civil preparedness duty, shall: (1) If they are employees of the state, have
the powers, duties, rights, privileges and immunities and receive the compensation incident to their employment; (2) if they are employees of a political subdivision of the
state, and whether serving within or without such political subdivision, have the powers,
duties, rights, privileges and immunities and receive the compensation incident to their
employment; and (3) if they are not employees of the state or a political subdivision
thereof, be entitled to such compensation from the state as is determined by the Commissioner of Administrative Services under the provisions of section 4-40 and to the same
rights and immunities as are provided by law for the employees of this state, provided
in no instance shall such compensation be determined at a rate less than the minimum
wage as determined by the Labor Commissioner. All personnel of mobile support units
shall, while on duty, be subject to the operational control of the authority in charge of
civil preparedness activities in the area in which they are serving.
(c) The state shall reimburse a political subdivision for the compensation paid and
actual and necessary travel, subsistence and maintenance expenses of employees of the
political subdivision while in training or on call by the Governor for emergency duty
as members of a mobile support unit, and for all payments for death, disability or injury
of such employees incurred in the course of such training or duty, and for all losses of
or damage to supplies and equipment of such political subdivisions used by such mobile
support units.
(d) Whenever the mobile support unit of another state renders aid pursuant to the
orders of the Governor of its home state and upon the request of the Governor of this
state, this state shall reimburse such other state for the compensation paid and actual
and necessary travel, subsistence and maintenance expenses of the personnel of such
mobile support units incurred in rendering such aid, and for all payments for death,
disability or injury of such personnel incurred in rendering such aid, and for all losses
of or damage to supplies and equipment of such other state or a political subdivision
thereof resulting from rendering such aid, provided the laws of such other state shall
contain provisions substantially similar to those of this section.
(e) No personnel of mobile support units of this state shall be ordered by the Governor to operate in any other state unless the laws of such other state contain provisions
substantially similar to those of this section.
(June, 1951, S. 1910d; 1959, P.A. 192; P.A. 73-544, S. 6; P.A. 78-324, S. 2; P.A. 79-83, S. 1, 2; P.A. 80-483, S. 153,
186; P.A. 04-219, S. 16.)
History: 1959 act made all civil defense forces available for duty instead of mobile support units only; P.A. 73-544
substituted "civil preparedness" for "civil defense" throughout; P.A. 78-324 provided in Subsec. (b) for compensation at
not less than minimum wage for a period to be determined by the compensation commissioner of area in which injured
person resides; P.A. 79-83 deleted in Subsec. (b) reference to period to be determined by the compensation commissioner
as added in foregoing amendment; P.A. 80-483 substituted in Subsec. (b) "commissioner of administrative services under
the provisions of section 4-40" for "board provided in section 4-40"; P.A. 04-219 amended Subsec. (a) to substitute
commissioner for state director, effective January 1, 2005.
Sec. 28-7. Local and joint organizations. (a) Each town or city of the state shall
establish a local organization for civil preparedness in accordance with the state civil
preparedness plan and program, provided any two or more towns or cities may, with
the approval of the commissioner, establish a joint organization for civil preparedness.
The authority of such local or joint organization for civil preparedness shall not supersede that of any regularly organized police or fire department. No town or city of the
state shall be eligible for any state or federal benefits under this chapter until such town
or city has submitted to the commissioner an emergency plan of operations approved
by the local director of civil preparedness and the local chief executive which is subsequently approved by the commissioner.
(b) Each local organization for civil preparedness shall consist of an advisory council and a director appointed by the chief executive officer. The advisory council shall
contain representatives of city or town agencies concerned with civil preparedness and
representatives of interests, including business, labor, agriculture, veterans, women's
groups and others, which are important to the civil preparedness program in the particular
community. The director shall be responsible for the organization, administration and
operation of such local organization, subject to the direction and control of the commissioner. The chief executive officer may remove any local director for cause.
(c) Each local or joint organization shall perform such civil preparedness functions
in the territorial limits within which it is organized as the commissioner prescribes. In
addition, such local or joint organization shall conduct such functions outside such
territorial limits as are prescribed by the state civil preparedness plan and program or
by the terms of any mutual aid agreements to which the town is a party.
(d) The director of each local or joint organization may, with the approval of the
commissioner, collaborate with other public and private agencies within the state and
develop or cause to be developed mutual aid agreements for civil preparedness aid and
assistance in case of disaster too great to be dealt with unassisted. The director of such
joint or local organization may, with the approval of the commissioner, enter into such
mutual aid agreements with civil preparedness agencies or organizations in other states.
Such agreements shall be consistent with the state civil preparedness plan and program
and, in time of emergency, each local or joint organization shall render assistance in
accordance with the provisions of such agreements to which it is a party unless otherwise
ordered by the commissioner.
(e) Each town or city shall have the power to make appropriations for the payment
of salaries and expenses of its local or joint organization or any other civil preparedness
agencies or instrumentalities.
(f) In the event of a serious disaster or of a sudden emergency, when such action is
deemed necessary for the protection of the health and safety of the people, and upon
request of the local chief executive authority, the Governor or the commissioner, without
regard to the provisions of section 22a-148, may authorize the temporary use of such
civil preparedness forces, including civil preparedness auxiliary police and firemen, as
he deems necessary. Personnel of such civil preparedness forces shall be so employed
only with their consent. The provisions of section 28-14 shall apply to personnel so
employed.
(g) The state shall reimburse any town or city rendering aid under this section for
the compensation paid and actual and necessary travel, subsistence and maintenance
expenses of employees of such town or city while rendering such aid, and for all payments for death, disability or injury of such employees in the course of rendering such
aid and for all losses of or damage to supplies or equipment of such town or city incurred
in the course of rendering such aid.
(h) Whenever, in the judgment of a local civil preparedness director, with prior
approval of the commissioner, it is deemed essential to authorize the temporary assignment, with their consent, of any members of civil preparedness forces who are not
paid employees of the state or any political subdivision thereof, for a temporary civil
preparedness mission, the provisions of section 28-14 shall apply. A complete written
record of the conditions and dates of such assignment shall be maintained by the local
director concerned and such record shall be available for examination by the commissioner and the Attorney General. The commissioner shall establish the necessary procedures to administer this section.
(June, 1951, S. 1911d; 1957, P.A. 469, S. 2; September, 1957, P.A. 2, S. 1; 1959, P.A. 214, S. 1; 275, S. 1; P.A. 73-544, S. 7; P.A. 75-567, S. 51, 80; P.A. 77-571, S. 1-3; P.A. 79-417, S. 2; P.A. 90-230, S. 39, 40, 101; P.A. 04-219, S. 17.)
History: 1959 acts provided in new Subsec. (h) for temporary civil defense mission as determined essential by local
civil defense director with prior approval of state director and amended Subsec. (f) to provide for the governor to authorize
temporary use of civil defense forces upon request of the local chief executive authority in event of serious natural disaster
or sudden emergency, personnel to be employed only with their consent; P.A. 73-544 substituted "civil preparedness" for
"civil defense" throughout; P.A. 75-567 deleted in Subsec. (f) the word "natural" in characterizing "serious disaster"; P.A.
77-571 provided in Subsec. (a) for municipalities to submit an emergency plan of operation in order to be eligible for
benefits, substituted in Subsec. (b) the chief executive officer for the state director as authority to remove any local director
for cause; P.A. 79-417 provided in amendment of Subsec. (a) by P.A. 77-571 that plan submitted be subsequently approved
by the state director; P.A. 90-230 and editorial change corrected a reference to the state director of emergency management
in Subsecs. (a) and (h); P.A. 04-219 substituted "commissioner" for references to director, state director and state director
of emergency management, effective January 1, 2005.
Sec. 28-8. Outside aid by local police, fire or other preparedness forces. (a) At
the request of the chief executive authority of any town or city, the appropriate authority
of any other town or city may, with the approval of the commissioner, or, if so ordered
by the commissioner, shall, assign and make available for duty and use outside his own
town or city, under the direction and command of an officer designated for the purpose,
any part of the police, fire fighting or other civil preparedness forces under his control.
(b) The officers and members of police, fire fighting or other civil preparedness
forces rendering outside aid pursuant to this section shall have the same powers, duties,
rights, privileges and immunities as if they were performing their duties in their home
town or city.
(c) The state shall reimburse any town or city rendering aid under this section for
the compensation paid and actual and necessary travel, subsistence and maintenance
expenses of employees of such town or city while rendering such aid, and for all payments for death, disability or injury of such employees in the course of rendering such
aid and for all losses of or damage to supplies or equipment of such town or city incurred
in the course of rendering such aid.
(June, 1951, S. 1912d; 1959, P.A. 65, S. 2; P.A. 73-544, S. 8; P.A. 04-219, S. 18.)
History: 1959 act included police and fire fighting forces in category of civil defense forces; P.A. 73-544 substituted
"civil preparedness" for "civil defense" throughout; P.A. 04-219 amended Subsec. (a) to substitute "commissioner" for
"state director", effective January 1, 2005.
Sec. 28-8a. Municipal chief executive officers' powers during emergency. Benefits for certain persons assisting during emergency. Procedure for payment. (a)
The chief executive officer of the municipality in which a major disaster or emergency
occurs, or his designee, may take such action as he deems necessary to mitigate the
major disaster or emergency and to secure and preserve any documents and evidence
pertinent to and necessary for a future investigation.
(b) Any person who is not a member of a civil preparedness force and who is requested by the chief executive officer of a municipality or his designee to render aid in
any major disaster, emergency, disaster emergency or attack shall register, as soon as
practicable, with the local chief executive authority of the municipality requesting such
aid, or his designee. Any such person for whom workers' compensation benefits are not
otherwise provided shall be compensated for death, disability or injury resulting from
the rendering of such aid pursuant to the provisions of chapter 568, except that (1) such
person shall be construed to be an employee of the municipality where the aid was
rendered and (2) the person's average weekly wage, as said term is used in chapter 568,
shall be ascertained pursuant to the provisions of subdivision (2) of subsection (a) of
section 28-14. All claims under this subsection shall be determined according to the
procedures specified in chapter 568.
(P.A. 88-359, S. 8, 12; P.A. 89-316, S. 3.)
History: P.A. 89-316 added Subsec. (b) concerning workers' compensation benefits for certain persons injured while
assisting in a major disaster, emergency, disaster emergency or attack.
Sec. 28-8b. Use of nerve agent antidote medications. Any paid or volunteer firefighter, police officer or emergency medical service personnel who successfully completes a training course in the use of automatic prefilled cartridge injectors may carry
and use such injectors containing nerve agent antidote medications in the event of a
nerve agent exposure for self-preservation or unit preservation. Such training course
shall be approved by the commissioner and provided by the Connecticut Fire Academy,
the Capitol Region Metropolitan Medical Response System or the federal government.
(June 30 Sp. Sess. P.A. 03-6, S. 168; P.A. 04-219, S. 26.)
History: June 30 Sp. Sess. P.A. 03-6 effective August 20, 2003; P.A. 04-219 substituted commissioner for director of
the Office of Emergency Management, effective January 1, 2005.
Sec. 28-9. Civil preparedness emergency; Governor's powers. In the event of
serious disaster, enemy attack, sabotage or other hostile action or in the event of the
imminence thereof, the Governor may proclaim that a state of civil preparedness emergency exists, in which event he may personally take direct operational control of any or
all parts of the civil preparedness forces and functions in the state. Any such proclamation
shall be effective upon filing with the Secretary of the State. Any such proclamation,
or order issued pursuant thereto, issued by the Governor because of a disaster resulting
from man-made cause may be disapproved by majority vote of a joint legislative committee consisting of the president pro tempore of the Senate, the speaker of the House of
Representatives and the majority and minority leaders of both houses of the General
Assembly, provided at least one of the minority leaders votes for such disapproval. Such
disapproval shall not be effective unless filed with the Secretary of the State within
seventy-two hours of the filing of the Governor's proclamation with the Secretary of
the State. As soon as possible after such proclamation, if the General Assembly is not
then in session, the Governor shall meet with the president pro tempore of the Senate,
the speaker of the House of Representatives, and the majority and minority leaders of
both houses of the General Assembly and shall confer with them on the advisability of
calling a special session of the General Assembly. Upon such proclamation, the following provisions of this section and the provisions of section 28-11 shall immediately
become effective and shall continue in effect until the Governor proclaims the end of
the civil preparedness emergency:
(a) The Governor is authorized and empowered to modify or suspend in whole or
in part, by order as hereinafter provided, any statute, regulation or requirement or part
thereof whenever in his opinion it is in conflict with the efficient and expeditious execution of civil preparedness functions. The Governor shall specify in such order the reason
or reasons therefor and any statute, regulation or requirement or part thereof to be modified or suspended and the period, not exceeding six months unless sooner revoked,
during which such order, modification or suspension shall be enforced. Any such order
shall have the full force and effect of law upon the filing of the full text thereof in the
office of the Secretary of the State. The Secretary of the State shall, within four days
after receipt of the order, cause such order to be printed and published in full in at least
one issue of a newspaper published in each county and having general circulation therein,
but failure to publish shall not impair the validity of such order. Any statute, regulation
or requirement inconsistent therewith shall be inoperative for the effective period of
such order or suspension. Any such order shall be communicated by the Governor at
the earliest date to both houses of the General Assembly.
(b) The Governor may order into action all or any part of the department or local
or joint organizations for civil preparedness mobile support units or any other civil
preparedness forces.
(c) The Governor shall order and enforce such blackouts and radio silences as are
authorized by the United States Army or its duly designated agency and may take any
other precautionary measures reasonably necessary in the light of the emergency.
(d) The Governor may designate such vehicles and persons as shall be permitted
to move and the routes which they shall follow.
(e) The Governor shall take appropriate measures for protecting the health and
safety of inmates of state institutions and children in schools.
(f) The Governor may order the evacuation of all or part of the population of stricken
or threatened areas and may take such steps as are necessary for the receipt and care of
such evacuees.
(g) The Governor may take such other steps as are reasonably necessary in the light
of the emergency to protect the health, safety and welfare of the people of the state, to
prevent or minimize loss or destruction of property and to minimize the effects of hostile
action.
(h) In order to insure the automatic and effective operation of civil preparedness in
the event of enemy attack, sabotage or other hostile action, or in the event of the imminence thereof, the Governor may, at his discretion, at any time prior to actual development of such conditions, issue such proclamations and executive orders as he deems
necessary, such proclamations and orders to become effective only under such conditions.
(June, 1951, 1953, S. 1913d; 1959, P.A. 120; 333, S. 2; P.A. 73-544, S. 9; P.A. 75-643, S. 2; P.A. 81-472, S. 58, 159;
P.A. 88-135, S. 7; P.A. 04-219, S. 19.)
History: 1959 acts added new Subsec. (h) authorizing prior issuance of proclamations and executive orders by the
governor which would become effective only in the event of enemy action or imminence thereof and substituted in Subsec.
(b) "the civil defense branch of the military department" for "state civil defense agency"; P.A. 73-544 substituted "civil
preparedness" for "civil defense" throughout; P.A. 75-643 provided for the proclamation to be effective upon filing with
the secretary of the state and that proclamation of disaster from a man-made cause may be disapproved by a majority vote
of a joint legislative committee specially created; P.A. 81-472 made technical changes; P.A. 88-135 substituted office of
"emergency management" for office of "civil preparedness" in Subsec. (b); P.A. 04-219 amended Subsec. (b) to substitute
department for Office of Emergency Management, effective January 1, 2005.
See Sec. 28-8a re powers of chief executive officers of municipalities during major disasters or emergencies.
Sec. 28-9a. Governor's further powers. (a) Whenever the Governor proclaims
a disaster emergency under the laws of this state, or the President declares an emergency
or a major disaster to exist in this state, the Governor is authorized: (1) To enter into
purchase, lease, or other arrangements with any agency of the United States for temporary housing units to be occupied by disaster victims and to make such units available
to any political subdivision of the state; (2) to assist any political subdivision of this
state which is the locus of such housing to acquire sites necessary for such housing and
to do all things required to prepare such sites to receive and utilize such housing units
by: (A) Advancing or lending funds available to the Governor from any appropriation
made by the legislature, the contingency fund established by section 4-84, or from any
other source, (B) "passing through" funds made available by any agency, public or
private, or (C) becoming a copartner with the political subdivision for the execution
and performance of any temporary housing for disaster victims' project and for such
purposes to pledge the credit of the state on such terms as he deems appropriate, having
due regard for current debt transactions of the state; (3) under such regulations as he
shall prescribe, to temporarily suspend or modify for not to exceed sixty days any public
health, safety, zoning, transportation or other requirement of law or regulation within
this state when by proclamation he deems such suspension or modification essential to
provide temporary housing for disaster victims.
(b) Any political subdivision of this state is expressly authorized to acquire, temporarily or permanently, by purchase, lease, or otherwise, sites required for installation of
temporary housing units for disaster victims, and to enter into whatever arrangements,
including purchase of temporary housing units and payment of transportation charges,
which are necessary to prepare or equip such sites to utilize such housing units.
(c) Nothing contained in this section shall be construed to limit the Governor's
authority to apply for, administer, and expend any grant, gifts, or payments in aid of
disaster prevention, preparedness, response or recovery.
(d) "Major disaster", "emergency", and "temporary housing" as used in this section
shall have the same meaning as the terms are defined, or used, in the Disaster Relief
Act of 1974 (P.L. 93-288, 88 Stat. 143).
(P.A. 75-643, S. 5.)
Sec. 28-9b. Governor's authority concerning federal loans to state political
subdivisions. Whenever, at the request of the Governor, the President has declared a
"major disaster" to exist in this state, the Governor is authorized: (a) Upon his determination that a political subdivision of the state will suffer a substantial loss of tax and other
revenues from a disaster and has demonstrated a need for financial assistance to perform
its governmental functions, to apply to the federal government, on behalf of such political
subdivision, for a loan; and to receive and disburse the proceeds of any approved loan
to such political subdivision; (b) to determine the amount needed by any such political
subdivision to restore or resume its governmental functions, and to certify the same to
the federal government, provided, however no application amount shall exceed twenty-five per cent of the annual operating budget of such political subdivision for the fiscal
year in which such disaster occurs; and (c) to recommend to the federal government,
based upon his review, the cancellation of all or any part of repayment when, in the
first three full fiscal year period following such disaster, the revenues of such political
subdivision are insufficient to meet its operating expenses, including additional disaster-related expenses of a political subdivision character.
(P.A. 75-643, S. 6.)
Sec. 28-9c. Removal of debris or wreckage. Governor's powers. (a) Whenever
the Governor has declared a disaster emergency to exist under the laws of this state, or
the President, at the request of the Governor, has declared a major disaster or emergency
to exist in this state, the Governor is authorized: (1) Notwithstanding any other provision
of law, through the use of state departments or agencies, or the use of any of the state's
instrumentalities, to clear or remove from publicly or privately owned land or water,
debris and wreckage which may threaten public health or safety, or public or private
property; (2) to accept funds from the federal government and utilize such funds to make
grants to any political subdivision for the purpose of removing debris or wreckage from
publicly or privately owned land or water.
(b) (1) Authority under this section shall not be exercised unless the affected political subdivision, corporation, organization or individual owning such property shall first
present an unconditional authorization for removal of such debris or wreckage from
public and private property and, in the case of removal of debris or wreckage from
private property, shall first agree to indemnify the state against any claim arising from
such removal; (2) whenever the Governor provides for clearance of debris or wreckage
pursuant to subsection (a), employees of the designated state agencies or individuals
appointed by the state are authorized to enter upon private land or waters and perform
any tasks necessary to the removal or clearance operation.
(P.A. 75-643, S. 7; P.A. 79-417, S. 3.)
History: P.A. 79-417 added "major" to disaster as declared by the President at the request of the governor.
Sec. 28-9d. Federal assistance for individual or family expenses. (a) Whenever
the President, at the request of the Governor, has declared a disaster to exist in this
state, the Governor is authorized: (1) Upon his determination that financial assistance
is essential to meet disaster-related necessary expenses or serious needs of individuals
or families adversely affected by such disaster that cannot be otherwise adequately met
from other means of assistance, to accept a grant by the federal government to fund such
financial assistance, subject to such terms and conditions as may be imposed upon the
grant; (2) to enter into an agreement with the federal government, or any officer or
agency thereof, pledging the state to participate in the funding of the financial assistance
authorized in subdivision (1), in an amount not to exceed twenty-five per cent thereof
and, if state funds are not otherwise available to the Governor, to accept an advance of
the state share from the federal government to be repaid when the state is able to do so.
(b) Notwithstanding any other provision of law or regulation, the Governor is authorized to make financial grants to meet disaster-related necessary expenses or serious
needs of individuals or families adversely affected by a disaster which cannot otherwise
adequately be met from other means of assistance, which shall not exceed in the aggregate the maximum payment established by the Federal Emergency Management
Agency, to an individual or family in any single disaster declared by the President.
(c) The Governor shall make such regulations as are necessary for carrying out the
purposes of this section, including, but not limited to, standards of eligibility for persons
applying for benefits; procedures for application and administration; methods of investigation, filing and approving applications; and formation of local or state-wide boards
to pass upon applications and procedures for appeals.
(d) Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance under this section shall, upon conviction
of each offense, be subject to a fine of not more than five thousand dollars, or imprisonment for not more than one year, or both.
(P.A. 75-643, S. 8; P.A. 00-117, S. 1, 2.)
History: (Revisor's note: In 1995 the words "subparagraph (1)" in Subsec. (a) were replaced editorially by the Revisors
with "subdivision (1)" for consistency with customary general statutes usage); P.A. 00-117 amended Subsec. (b) to provide
that grants shall not exceed in the aggregate the maximum payment established by FEMA, rather than five thousand dollars,
effective May 26, 2000.
Sec. 28-10. Special session of General Assembly. Section 28-10 is repealed.
(June, 1951, S. 1914d; P.A. 73-544, S. 10; P.A. 79-184.)
Sec. 28-11. Taking of property during emergency. (a) During the existence of
a civil preparedness or public health emergency, as defined in section 19a-131, the
Governor may, in the event of shortage or disaster making such action necessary for
the protection of the public, take possession (1) of any land or buildings, machinery or
equipment; (2) of any horses, vehicles, motor vehicles, aircraft, ships, boats, rolling
stock of steam, diesel or electric railroads or any other means of conveyance whatsoever;
(3) of any antitoxins, pharmaceutical products, vaccines or other biological products;
and (4) of any cattle, poultry or any provisions for persons or beast, and any fuel, gasoline
or other means of propulsion necessary or convenient for the use of the military or naval
forces of the state or of the United States, or for the better protection of the welfare of
the state or its inhabitants according to the purposes of this chapter.
(b) He may use and employ all property of which possession is taken, for such times
and in such manner as he deems for the best interests of the state or its inhabitants, and
may, in particular, when in his opinion the public exigency so requires, lease, sell or,
when conditions warrant, distribute gratuitously to or among any or all of the persons
within the state anything taken under this section.
(c) If real estate is seized under this section, a declaration of the property seized,
containing a full and complete description, shall within a reasonable time be filed with
the Secretary of the State and with the town clerk of the town in which the property is
located, and a copy of the declaration shall be furnished the owner. If personal property
is seized under this section, the civil preparedness authorities by whom it is seized
shall maintain a docket containing a permanent record of such personal property and
its condition when seized, and shall furnish a true copy of the docket recording to the
owner of the seized property.
(d) The owner of any property taken under this section shall receive just compensation therefor as follows: (1) If property is taken for temporary use, the Governor shall,
as soon as possible after the taking, fix the amount of compensation to be paid therefor.
If such property is returned to the owner in a damaged condition or is not returned to
the owner, the Governor shall fix forthwith the amount of compensation to be paid for
such damages or failure to return. Whenever the Governor deems it advisable for the
state to become the owner of property taken under this section, he shall forthwith cause
the owner of the property to be notified in writing by registered or certified mail, postage
prepaid, and shall file a copy of the notice with the Secretary of the State. (2) If the
owner of property taken under this section refuses to accept the amount of compensation
fixed in accordance with subdivision (1) of this subsection, he may prefer a petition to
the superior court for the judicial district in which the property was taken or to a judge of
said court if the court is not in session, praying that just compensation may be determined,
which petition shall be accompanied by a summons signed by competent authority, to
serve as process in civil actions before said court, notifying the Governor and all persons
interested in such property to appear before the court or judge. The court or judge shall
refer the determination of the amount of damages to a state referee as provided in section
48-10. The state referee, after giving reasonable notice to the parties, shall, if possible,
view the property in question, hear the evidence, ascertain the value, assess just damages
to the owner or parties interested in the property taken and report his doings to the court
or judge. The court or judge may accept the report or may reject it for irregular or
improper conduct by the state referee in the course of his duties. If the report is rejected,
the court or judge shall appoint another state referee, who shall proceed in the same
manner as the first referee was required to proceed. If the report is accepted, such acceptance shall have the effect of a judgment in favor of the owner of the property against
the state for the amount of the assessment made by the referee, and, except as otherwise
provided by law, execution may issue therefor. The court or judge shall make any order
necessary to protect the rights of all parties interested, but in no event shall the Governor
be prevented from taking immediate possession and use of the property in question. The
expenses and costs of such hearings shall be taxed against the petitioner except in cases
where the assessment of damages made by the referee is larger than the amount fixed
by the Governor under subdivision (1) of this subsection, in which case they shall be
taxed against the state, audited and allowed by the Comptroller and paid by the state
upon his order.
(e) Whenever the Governor determines that any real property acquired and retained
under the provisions of this chapter is no longer needed for the preparedness of the state
or for purposes under this chapter, he shall so notify the original owner of such property
and, upon the request of such owner and upon payment of the fair value thereof, the
Governor shall return such property to such owner. If the Governor and the original
owner do not agree as to the fair value of the property, such value shall be determined
by three appraisers, one of whom shall be chosen by the Governor, one by the original
owner and the third by the first two appraisers. The expenses of such determination shall
be paid in equal shares by the state and the original owner.
(f) Whenever the need for any personal property requisitioned under this chapter
for the preparedness of the state terminates, the Governor may dispose of such property
on such terms and conditions as he deems appropriate, but to the extent feasible and
practicable he shall give the former owner of such property an opportunity to reacquire
it (1) at its then fair value as determined by the Governor or (2) if it is to be disposed
of at less than such value, otherwise than at a public sale of which such owner is given
notice, at the highest price any other person is willing to pay therefor; provided the
provisions of this subsection shall not apply in the case of fungibles or items having a
fair value of less than one thousand dollars.
(June, 1951, S. 1915d; P.A. 73-544, S. 11; P.A. 78-280, S. 2, 127; P.A. 85-246, S. 17; P.A. 03-236, S. 13.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" throughout; P.A. 78-280 substituted "for the
judicial district" for "for the county" following "superior court" in Subsec. (d); P.A. 85-246 deleted reference to street
railways in Subsec. (a); (Revisor's note: In 1995 the words "clause (1)" in Subsec. (d) were replaced editorially by the
Revisors with "subdivision (1)" for consistency with customary general statutory usage); P.A. 03-236 amended Subsec.
(a) by adding public health emergency as defined in Sec. 19a-131, adding new Subdiv. (3) re taking of biological products,
redesignating existing Subdiv. (3) as Subdiv. (4) and making a technical change, effective July 9, 2003.
See Sec. 28-9 re Governor's powers during civil preparedness emergency.
Sec. 28-12. Loyalty oath. No person shall be employed or associated in any capacity in any civil preparedness organization established under this chapter who advocates
a change by force or violence in the constitutional form of the government of the United
States or of this state or the overthrow of any government in the United States by force
or violence, or who has been convicted of or is under indictment or information charging
any subversive act against the United States. Each person who is appointed to serve in
an organization for civil preparedness shall, before entering upon his duties, take an
oath verbally before a local civil preparedness officer or officers empowered by the
director to enlist volunteers, which oath shall be substantially as follows: "I, ...., do
solemnly swear (or affirm) that I will support and defend the Constitution of the United
States and the Constitution of the state of Connecticut, against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the same; that I take this obligation
freely, without any mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duties upon which I am about to enter."
(June, 1951, S. 1916d; 1957, P.A. 380; 1959, P.A. 142; P.A. 73-544, S. 12; P.A. 79-61, S. 1, 2.)
History: 1959 act removed reference to past activities with subversive organizations from bar to employment and from
oath and revised oath; P.A. 73-544 substituted "civil preparedness" for "civil defense" throughout; P.A. 79-61 deleted from
the loyalty oath all reference to present activities and affiliations having to do with subversive acts and advocacy thereof.
Sec. 28-13. Immunity from liability. (a) Neither the state nor any political subdivision of the state nor, except in cases of wilful misconduct, the agents or representatives
of the state or any political subdivision thereof nor any member of the civil preparedness
forces of the state nor any person authorized by such civil preparedness forces or by
any member of such civil preparedness forces complying with or attempting to comply
with this chapter or any order or regulation promulgated pursuant to the provisions of
this chapter, or pursuant to any ordinance relating to blackout or other precautionary
measures enacted by any political subdivision of the state nor any person employed by
or authorized to assist any agency of the federal government in the prevention or mitigation of any major disaster or emergency, shall be liable for the death of or injury to
persons or for damage to property as a result of any such activity. The Attorney General
shall appear for and defend the state, any political subdivision of the state and the agents
or representatives of the state or any political subdivision thereof or any member of the
civil preparedness forces of the state or any other person exempted from liability for
his acts under this section in any civil action brought for the death of or injury to persons
or for damage to property as a result of any civil preparedness activity.
(b) Any person, corporation, partnership or association who denies access to property owned or under the control of such entity to any person acting in accordance with
this chapter during a civil preparedness emergency, shall be fined not less than fifty
dollars nor more than five hundred dollars.
(June, 1951, S. 1917d; P.A. 73-544, S. 13; P.A. 79-417, S. 4.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" throughout; P.A. 79-417 extended exemption
from liability and subsequent defense by attorney general to persons authorized by civil preparedness forces or any of its
members to act within provisions of the chapter and to persons employed by or authorized to assist agency of federal
government in cases of major disasters or emergencies and added new Subsec. (b) providing for fines for those who deny
access to property for those acting in accordance with provisions of chapter.
Sec. 28-14. Compensation for death, disability or injury. (a) All members of
any auxiliary police, auxiliary fire or other civil preparedness force shall be compensated
for death, disability or injury incurred while in training for or on civil preparedness duty
under the provisions of this chapter as follows: (1) Employees of the state, municipalities
or political subdivisions of the state who are members of civil preparedness forces and
for whom such compensation is provided by any provision of existing law shall be
construed to be acting within the scope of their employment while in training for or
engaged in civil preparedness duties and shall be compensated in accordance with the
provisions of chapter 568, section 5-142 or any special act concerning compensation to
certain employees: Regular policemen or firemen who are members of the State Police
Association or the State Firemen's Association shall be construed to be acting within
the scope of their employment while in training for or engaged in civil preparedness
duties and shall be entitled to all the benefits as members of said associations; (2) any
persons who are engaged in regular employment apart and separate from their duties
as members of civil preparedness forces and for whom such compensation is not so
provided shall, while in training for or engaged in civil preparedness duty under the
provisions of this chapter, be construed to be employees of the state for the purposes of
chapter 568 and section 5-142 and shall be compensated by the state in accordance with
the provisions of said chapter 568 and section 5-142. For the purposes of this subsection,
the average weekly wage, as said term is used in said chapter 568, shall be ascertained
by dividing the total wages received by the injured person from all employers during
the twenty-six calendar weeks immediately preceding that in which he was injured by
the number of calendar weeks during which, or any portion of which, such person was
actually employed, but, in making such computation, absence for seven consecutive
calendar days, though not in the same calendar week, shall be considered as absence
for a calendar week. For the purpose of determining the amount of compensation to be
paid in the case of a minor under the age of eighteen years who has sustained an injury
entitling him to compensation for total or partial incapacity for a period of fifty-two or
more weeks, or to specific indemnity for any of the injuries enumerated in section 31-308, fifty per cent may be added to the average weekly wage. When the injured person
is a trainee or apprentice receiving a subsistence allowance from the United States because of war service, such allowance shall be added to his actual earnings in determining
the average weekly wage. All claims under this subsection shall be determined according
to the procedures specified in chapter 568. For the purpose of this subsection, no person
shall be considered regularly employed unless his total employment previous to injury
as provided above exceeds a net period of thirteen calendar weeks; (3) any member of
the civil preparedness forces not covered in subdivision (1) or (2) hereof, for disability
or injury incurred while in training or on civil preparedness duty under the provisions
of this chapter, or his dependents in the event of his death while in such training or on
such civil preparedness duty, shall be compensated by the state in such amount as is
determined to be just and reasonable by the compensation commissioner for the district
in which such member resides or resided, provided a claim shall be made in writing to
the commissioner for the district in which the claimant resides within one year from the
date of injury or death. In no event shall such amount exceed the maximum payments
provided in chapter 568 or be less than the minimum wage as determined by the Labor
Commissioner for a period of recovery from injury to be determined by such compensation commissioner.
(b) Any sums payable under any Act of Congress or other federal program as compensation for death, disability or injury of civil preparedness workers shall be deducted
from the amount payable under subsection (a) of this section.
(June, 1951, S. 1918d; 1959, P.A. 65, S. 3; P.A. 73-544, S. 14; P.A. 78-324, S. 1.)
History: 1959 act included auxiliary police and fire forces in section; P.A. 73-544 substituted "civil preparedness" for
"civil defense" throughout; P.A. 78-324 provided that compensation be no less than minimum wage for period of recovery.
See Sec. 28-1 for applicable definitions.
Sec. 28-15. Federal aid. (a) Whenever the federal government or any agency or
officer thereof or any person, firm or corporation offers to the state, or through the state
to any political subdivision thereof, services, equipment, supplies, materials or funds
by way of gift, grant or loan, for purposes of civil preparedness or as assistance for the
response or recovery activities of any civil preparedness force, the state, acting through
the Governor, or such political subdivision, acting through its chief executive officer,
may accept such offer. Upon such acceptance, the Governor of the state or executive
officer of such political subdivision may authorize any officer of the state or of the
political subdivision, as the case may be, to receive such services, equipment, supplies,
materials or funds on behalf of the state or such political subdivision and subject to the
terms of the offer and the rules and regulations, if any, of the agency making the offer.
(b) No person shall discriminate on the basis of race, color, religious creed, sex,
age, national origin, ancestry or economic status in carrying out any provision of this
chapter or any federal major disaster or emergency assistance function in this state.
(June, 1951, S. 1919d; P.A. 73-544, S. 15; P.A. 79-417, S. 5.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" where appearing; P.A. 79-417 added to the
offers for purposes of civil preparedness that may be accepted by governor "or as assistance for the response or recovery
activities ..." and added as new Subsec. (b) ban against discrimination.
Sec. 28-16. Stockpile of supplies. The commissioner is empowered, in anticipation of war, attack, sabotage or other hostile action or any disaster, to purchase and
maintain a stockpile of medical supplies, blankets, food and provisions, fuel, equipment
and any other supplies which in his opinion are necessary and desirable to afford relief
and assistance to the people of the state in an emergency.
(June, 1951, S. 1921d; November, 1955, S. N184; P.A. 75-643, S. 3; P.A. 04-219, S. 20.)
History: P.A. 75-643 substituted "any" for "natural" before "disaster"; P.A. 04-219 substituted commissioner for director, effective January 1, 2005.
Sec. 28-17. Employees not to be discharged for civil preparedness activity or
eligibility for induction. No employee shall be discharged because he is a member of
any organization engaged in civil preparedness or because he is eligible for induction
into the armed forces of the United States.
(June, 1951, S. 1922d; P.A. 73-544, S. 16.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense".
Sec. 28-18. Execution of orders and regulations. All civil preparedness forces
established pursuant to this chapter and the officers thereof shall execute such orders
and regulations as are made under the authority of this chapter. Each civil preparedness
organization shall have available for inspection at its office all such orders and regulations.
(June, 1951, S. 1923d; P.A. 73-544, S. 17.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" where appearing.
Sec. 28-19. Appointees to be fingerprinted. Section 28-19 is repealed.
(1953, S. 1924d; 1959, P.A. 134.)
Sec. 28-20. Agreements for storage of federally-owned property. The commissioner and the director of any local civil preparedness organization may make
agreements with the federal government or any agency or officer thereof to provide
storage space on state or local premises, as the case may be, for federally-owned supplies
and equipment to be used for civil preparedness purposes, provided such space shall be
available without additional cost to the state and provided the commissioner or such
director may revoke any such agreement upon thirty days' notice if such space is required
for state or local use.
(1953, S. 1925d; P.A. 73-544, S. 18; P.A. 90-230, S. 41, 101; P.A. 04-219, S. 21.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" where appearing; P.A. 90-230 and editorial
change corrected reference to director of emergency management; P.A. 04-219 substituted commissioner for state director
of emergency management and made a technical change, effective January 1, 2005.
Sec. 28-21. Use of premises as shelter. Any person owning or controlling real
estate or other premises, together with his successors in interest, if any, who voluntarily
and without compensation grants to the state or any municipality a license or privilege,
or otherwise permits the designation or use of the whole or any part of such real estate
or premises, for the purpose of sheltering persons during an actual, impending, mock
or practice attack or other disaster shall not be civilly liable for negligently causing the
death of, or injury to, any person using such real estate or premises for the purpose of
shelter during such an attack, or for loss of, or damage to, the property of such person.
(1953, S. 1926d; P.A. 75-643, S. 4.)
History: P.A. 75-643 added "or other disaster" to application of section.
Sec. 28-22. Penalty. Any person who, wilfully and without lawful authority, destroys or injures any device, wires or equipment used or maintained for transmitting or
signalling an air raid warning or alarm or makes connection with or in any way tampers
or interferes with the same, or any person who reports, transmits or circulates, or causes
to be reported, transmitted or circulated, a false alarm or warning of an air raid or of
any enemy action, knowing that the same is false, or any person who unlawfully poses
as or impersonates a police officer, air raid warden or other person engaged in civilian
preparedness emergency service, or who unlawfully and in violation of federal or state
regulations manufactures, sells, offers for sale, wears or uses the uniform, insignia or
identification, or any simulation thereof, of any such police officer, warden or other
person so engaged, or who wilfully impedes, interferes with or otherwise obstructs any
lawful civil preparedness activity or other preparedness function of the national or state
government or of the government of any political subdivision of the state, or who violates
any provision of this chapter, shall be fined not more than one thousand dollars or
imprisoned not more than five years or both.
(June, 1951, S. 1920d; P.A. 73-544, S. 19.)
History: P.A. 73-544 substituted "civil preparedness" for "civil defense" throughout.