Topic:
LEGISLATION; LEGISLATIVE COMMITTEES; PUBLIC SAFETY COMMITTEE;
Location:
LEGISLATIVE COMMITTEES;

OLR Research Report


March 14, 2007

 

2007-R-0238

SYNOPSES OF SELECT BILLS BEFORE THE PUBLIC SAFETY AND SECURITY COMMITTEE

By: Veronica Rose, Principal Analyst

You asked for synopses of, and public hearing and historical information on, bills currently before the Public Safety and Security Committee.

COMMITTEE BILL 708—AN ACT CREATING A VIOLENT OFFENDER REGISTRY

This bill establishes a violent offender registry, similar to the state's sex offender registry (see CGS §§ 54-250 to 54-261). It requires anyone convicted, or acquitted on grounds of insanity, of certain offenses in Connecticut, or substantially the same offenses in another state or jurisdiction, to register with the State Police following specified procedures and within a defined timeframe. The offenses are:

1. murder (including felony murder and arson murder),

2. first-degree manslaughter,

3. 1st-degree manslaughter with a firearm,

4. 1st–degree kidnapping of a minor,

5. 1st–degree assault, or

6. conspiracy or criminal intent to commit any of the above crimes.

The bill requires (1) first-time offenders to register for 10 years and repeat offenders, for life. It applies to (1) residents (including people convicted in another state but living here after October 1, 2007) and (2) nonresidents registered in another state but who work, study, or carry on a vocation here. Out-of-state registrants who travel in Connecticut repeatedly for less than five days must inform the public safety commissioner of their residence while in state and a telephone contact number. The bill applies retroactively to people released on or after October 1, 1996.

Failure to register is a class D felony, punishable by one to five years imprisonment, a fine of up to $ 5,000, or both (see Committee Bill [pdf]).

Sources of Support or Opposition

The Division of Criminal Justice and Office of Victim Advocate requested legislative appropriations to create and maintain the registry. No one testified against the bill.

Additional and Historical Information

At least three states—Kansas, Montana, and Oklahoma—require violent offenders to register. They (1) have websites to search for offender information, (2) require registration for homicides and other specified crimes (which vary by state), and (3) require first-time offenders to register for 10 years and repeat offenders to register for life.

In 2006, the Public Safety and Security Committee referred a similar bill to the Judiciary Committee, which took no action on it (2006SB-00308-R01-SB. HTM).

The committee reported the bill to the Judiciary Committee on February 27.

(SEE OLR Report 2006-R-0071).

RAISED BILL 1071—AN ACT CONCERNING GAMING PRODUCTS AND RAFFLE SERVICES

This bill:

1. authorizes qualified organizations to conduct special tuition raffles under Division of Special Revenue (DSR) regulation and offer tuition payments as prizes;

2. requires dealers and manufacturers who sell or rent bingo products, bingo equipment, or sealed ticket machines to DSR permittees to register annually with DSR and pay a fee ($ 500 for sealed ticket applicants and $ 1,500 for bingo applicants);

3. allows three classes of raffle permittees to award cash prizes (with a maximum allowable prize of $ 15,000 for class 1 raffles based on existing law); and

4. allows the sale of sheet tickets in teacup raffles. (With sheet tickets, a player can complete one stub that has multiple coupons, instead of multiple stubs, as is the case with single tickets. ) (see Raised Bill [pdf])

Sources of Support and Opposition

DSR says the bill will improve its ability to regulate bingo and sealed ticket activities. No one testified against it.

Historical Information

In 2006, the Public Safety and Security Committee reported an identical bill to the floor. The House amended the bill to allow lottery winners who miss the deadline for claiming their prizes to do so under certain limited circumstances (the “give the kid the money” amendment). It referred the amended bill to the Senate and it died on the calendar (2006HB-05486-R02-HB. HTM).

On February 27, the committee reported this bill favorably to the Finance, Revenue and Bonding Committee.

SUBSTITUTE SENATE BILL 1072—AN ACT REQUIRING CRIMINAL HISTORY RECORDS CHECKS FOR LOTTERY SALES AGENT APPLICANTS

This bill requires every first-time applicant for a lottery sales agent license and any employee the applicant designates to oversee ticket sales to undergo state and national criminal history record checks before DSR issues the license. Current law already requires such checks for other gaming license applicants.

The bill requires that when anyone redeems a lottery ticket worth $ 5,000 or more at the Connecticut Lottery Corporation, the corporation must check the person's name and other identifying information against a list of delinquent taxpayers supplied by the revenue service commissioner. If the claimant is delinquent, the corporation must withhold the amount of taxes owed plus any penalties and interest the commissioner identifies (see PS Joint Favorable Substitute Change of Reference [pdf]).

Sources of Support and Opposition

No one testified against the bill. The New England Convenience Store Association says it supports the idea of criminal history record checks but opposes any requirement that lottery agents pay for them.

Historical Information

In 2006, the Senate referred an identical Public Safety and Security Committee bill to the Finance, Revenue and Bonding Committee, which took no action on it (2006SB-00303-R00-SB. HTM).

On March 6, the committee reported this bill to the Finance, Revenue and Bonding Committee.

RAISED BILL 1092—AN ACT CONCERNING THE REMISSION OF MOTOR VEHICLE SURCHARGES ON LIMITED ACCESS HIGHWAYS

This bill requires fines collected for citations issued by the State Police for certain traffic violations on limited access roads to be remitted to the State Police and used for training, instead of to the municipalities in which the violations occurred (see Raised Bill [pdf]).

Sources of Opposition and Support

No one testified against this bill. The Connecticut Police Chiefs Association recommends that a portion of the fines remitted to municipalities' general fund be used to fund local police training instead. The law places greater training requirements on local police than on State Police, according to the association.

The bill died in committee.

RAISED BILL 1093—AN ACT CONCERNING THE STATE BUILDING CODE

By law, the state building inspector and local building officials must levy an education fee of 16 cents per $ 1,000 of the construction value declared on building permit applications to fund building and fire safety code training and education programs. They may adjust the fees annually by up to 4% (i. e. , up to 0. 64 cents) to reflect program costs. Also, towns may keep up to 3% (i. e. , 0. 48 cents) of the 16 cent fee for administrative expenses and adjust this amount annually to reflect costs.

This bill potentially increases the (1) education fee by allowing an adjustment of up to 4 cents annually, instead of 4%, and (2) amount that towns may withhold for administrative purposes by allowing them to keep up to three cents (instead of 3%).

The bill increases the maximum fine for failing to comply with a building inspector's written order to $ 1,000 and sets a minimum $ 200 fine. Under current law, the maximum fine is $ 500, and there is no minimum.

The bill also allows the state building inspector to waive or modify state boiler regulations if strict compliance is impossible or unwarranted and alternative strategies will provide comparable public safety protection (see Raised Bill [pdf]).

Sources of Support and Opposition

There was no opposition to this bill. The Office of Protection and Advocacy supports it.

The committee referred this bill to the Finance, Revenue and Bonding Committee on February 27.

SUBSTITUTE BILL 1166—AN ACT CONCERNING THE ARREST HISTORY OF APPLICANTS FOR MUNICIPAL POLICE POSITIONS

Under current law, an employer cannot require employees or prospective employees to disclose erased criminal history records. And any employment application containing questions on applicants' criminal history must include a notice informing applicants that they do not have to disclose the existence of such records and may swear under oath that they have never been arrested with respect to such records. The erased records covered by the law pertain to delinquency; family with service needs; youthful offender status; absolute pardons; and criminal charges that have been dismissed, nolled, or resulted in a not guilty finding.

This bill makes police applicants (but not police officers) responsible for reporting all such erased records, except youthful offender records. It requires police employment applications to include a clear conspicuous notice informing applicants that they do not have to disclose the existence of erased youthful offender records and may swear under oath that they have never been arrested with respect to such records (see PS Joint Favorable Substitute [pdf]).

Sources of Support and Opposition

Connecticut Conference on Municipalities (CCM) supports the bill on the grounds “that it makes a reasonable adjustment to current law to better equip local police departments during their officer recruitment process. ” DPS also supports the bill on the grounds that “a law enforcement agency needs to know a candidate's entire arrest history, including non-convictions, in order to ensure they can faithfully discharge their duties.

Historical Information

In 2006, the Public Safety and Security Committee referred a similar bill on peace officer applicants to the Judiciary Committee, which took no action on it (see 2006HB-05124-R00-HB. HTM).

The committee reported the bill to the floor on February 27 (File No. 22 [pdf]).

COMMITTEE BILL 5186—AN ACT CONCERNING THE EVACUATION OF PETS AND SERVICE ANIMALS

This bill requires local civil preparedness plans to include provisions for evacuating pets and service animals of people with disabilities in cases of a major disaster or emergency (see Committee Bill [pdf]).

Sources of Support and Opposition

Arnold Goldman, from the Connecticut State Animal Response Team, spoke in favor of the bill.

Additional Information

The 2006 federal Pets Evacuation and Transportation Standards Act (PL 109-308) requires states accepting federal homeland security funds under the Stafford Act to ensure that state and local emergency preparedness plans “take into account the needs of individuals with household pets and service animals prior to, during, and following a major disaster or emergency.

The committee reported the bill favorably to the Planning and Development Committee on February 27.

COMMITTEE BILL 6338—AN ACT CONCERNING FUNDING FOR FIRE SERVICE TRAINING

This bill appropriates $ 2. 5 million in FY 08 and $ 2. 5 million in FY 09 to the Commission on Fire Prevention and Control to fund entry level firefighter courses for paid, volunteer, and state agency fire departments (see Committee Bill [pdf]).

Sources of Opposition and Support

CCM says the bill will earmark much needed state funds to supplement the cost of firefighter training. The Commission on Fire Prevention and Control says the bill (1) will serve as an incentive to recruit and retain volunteer firefighters in smaller communities and (2) reduce workers' compensation claims because firefighters will be better trained (see attached testimony). No one opposed the bill.

The committee reported the bill favorably to the Appropriations Committee on February 27.

COMMITTEE BILL 6345—AN ACT DESIGNATING THE MONTH OF SEPTEMBER AS PUBLIC SAFETY AWARENESS MONTH

This bill requires the governor to proclaim September of each year as “Public Safety Awareness Month” to heighten public awareness of public safety issues. It requires that suitable exercises to commemorate the day be held in the State Capitol and other places the governor designates (see Committee Bill [pdf]).

The committee reported the bill favorably to the floor on February 27 (see File No. 41 [pdf])

RAISED BILL 7024—AN ACT CREATING AN INTRASTATE MUTUAL AID SYSTEM

This bill enacts and commits towns to the terms of the Intrastate Mutual Aid Compact. The compact provides a legal framework for towns to request and provide mutual aid during any state of emergency declared by a participating town.

Any town may withdraw from the compact by enacting and filing a certified copy of an appropriate resolution with the Department of Emergency Management and Homeland Security commissioner.

The bill outlines responsibilities of local civil preparedness organizations, procedures for activating the compact, permit and license reciprocity, and reimbursement and liability issues.

Sources of Support and Opposition

No one testified against the bill.

The Department of Public Health, American Public Works Association, CCM, among others, testified in favor of the bill, which they say will make it easier for towns to render aid to each other during and after declared disasters. According to DPH:

mutual aid is an indispensable factor in emergency response to all hazards. It is unquestionable that well established comprehensive mutual aid systems are needed not only for state to state assistance, as is facilitated today through the Emergency Management Assistance Compact (EMAC), but also between local jurisdictions and emergency services with the State of Connecticut (see attached DPH testimony).

The committee reported the bill to the floor on February 27 (see File No. 46 [pdf]).

RAISED BILL 7074—AN ACT PROHIBITING THE IMPERSONATION OF AN INSPECTOR OR FIREFIGHTER

This bill creates the crime of criminal impersonation of a police officer, firefighter, or Division of Criminal Justice inspector with the intent of committing a crime and makes it a class C felony, punishable by one to 10 years imprisonment, a fine of up to $ 10,000, or both. A person commits this crime if, in committing any crime, he pretends to be a police officer, firefighter, or criminal justice inspector or wears or displays without authority any uniform, badge, or shield by which the police officer or inspector is lawfully distinguished.

The bill makes it a class D felony to impersonate a firefighter or criminal justice inspector—the same penalty under existing law for impersonating a police officer. A person commits this crime if he pretends to be a firefighter or criminal justice inspector or wears or displays the official's uniform, badge, or shield to induce someone to submit to, or rely on, that pretense. A class D felony is punishable by one to five years imprisonment, a fine of $ 5,000, or both (Raised Bill [pdf]).

Sources of Support and Opposition

There was no opposition to the bill.

Historical Information

In 2006, the Judiciary Committee raised an identical bill, which died in the committee after a public hearing (2006HB-05614-R00-HB. HTM). In 2005, the Public Safety Committee reported Substitute Bill 1275, which applied to criminal justice inspectors, but not firefighters. The bill died on the Senate calendar (2005SB-01275-R02-SB. HTM).

The committee reported the bill to the Judiciary Committee on February 27.

RAISED BILL 7075—AN ACT CONCERNING HUNTING WHILE INTOXICATED

Under current law, carrying a loaded firearm when having a blood alcohol level (BAC) of 0. 10% is a class B misdemeanor, and hunting when having a blood alcohol level of 0. 10% is a class A misdemeanor. This bill reduces the limit to 0. 08%, which is the same level for driving while intoxicated (see Raised Bill [pdf]).

Sources of Support and Opposition

No one testified against the bill. The Division of Criminal Justice supports it.

Additional Information

The committee referred the bill to the Environment Committee on February 27.

SUBSTITUTE BILL 7115—AN ACT CONCERNING THE OFFICE OF THE STATE FIRE MARSHAL

This bill extends the deadline for adopting the State Fire Prevention Code from January 1, 2005 to October 1, 2008. (PA 04-59 required the state fire marshal to adopt this code to (1) enhance the enforcement capabilities of local fire marshals and (2) prevent fire and other related emergencies. )

The bill allows the state fire marshal to reduce the required yearly inspection frequency for certain buildings subject to the State Fire Safety Code, if this action meets the interest of public safety.

The bill streamlines fire incident reporting procedures and expands the kind of fire-related incidents that local fire marshals must report to the state fire marshal.

It authorizes the state fire marshal and Codes and Standards Committee to issue emeritus certificates to certain retired fire code officials (see Raised Bill [pdf]).

Sources of Support and Opposition

CCM supports the bill. No one opposed it.

Additional Information

The committee reported the bill to the floor on February 27 (see File No. 54 [pdf]).

VR: ts