OLR Bill Analysis
AN ACT CONCERNING THE CONSOLIDATION OF THE DEPARTMENT OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY AND THE BOARD OF FIREARMS PERMIT EXAMINERS INTO THE DEPARTMENT OF PUBLIC SAFETY, AND TRANSFERRING RESPONSIBILITY FOR AMUSEMENT PARK OVERSIGHT TO THE DEPARTMENT OF CONSUMER PROTECTION.
This bill eliminates the Department of Emergency Management and Homeland Security (DEMHS) and transfers its functions and responsibilities to the Department of Public Safety (DPS) and the functions and responsibilities of the DEMHS' commissioner to the public safety commissioner.
Under current law, DEMHS is responsible for providing a coordinated, integrated program for statewide emergency management and homeland security. The bill creates a Division of Emergency Management and Homeland Security in DPS, but the division's duties are unclear (§ 23).
The bill puts the Board of Firearm Permit Examiners in DPS for all purposes, instead of for administrative purposes only. By law, the board hears appeals of gun permit decisions (§ 35).
The bill transfers responsibility for regulating amusement parks from DPS to the Department of Consumer Protection (DCP) (§ 36 et seq. ).
Finally, the bill makes numerous technical and conforming changes.
EFFECTIVE DATE: July 1, 2011
§§ 1-22 — TRANSFER OF FUNCTIONS
The bill requires DPS to assume all of DEMHS' responsibilities, functions, powers, duties, and obligations. Any DEMHS order or regulation in force on July 1, 2011 remains in force as a DPS order until amended, repealed, or superseded. If any of the departments' orders or regulations conflict, the bill allows the DPS commissioner to implement policies and procedures, consistent with law, until final regulations are adopted. The bill makes technical and conforming changes.
§§ 23-34 — EMERGENCY MANAGEMENT AND HOMELAND SECURITY DIVISION
The bill replaces DEMHS with a Division of Emergency Management and Homeland Security within DPS, designating the department, not the division, as the designated emergency management and homeland security agency for the state. It does not define the division's role. It also makes technical and conforming changes.
The bill eliminates a provision authorizing the DEMHS commissioner to enter into contracts for furnishing goods and services to carry out his duties. It does not include a contracting provision for DPS. It also eliminates a provision that allows the removal of personnel for security reasons or incompetence, subject to reinstatement by the Employees' Review Board.
Under current law, the DEMHS commissioner, in consultation with the state police union, must enter into an interagency memorandum with DPS and the Military Department to provide for the temporary assignment and retrenchment rights of state police and employees of the Military Department to work with DEMHS. The bill eliminates the requirement that the memorandum provide for retrenchment rights.
§ 35 — BOARD OF FIREARMS PERMIT EXAMINERS
The bill puts the Board of Firearm Permit Examiners in DPS for all purposes, instead of for administrative purposes only.
By law, the board hears appeals from people aggrieved by an official's decision to deny, revoke, or refuse to issue a gun permit. The board conducts informal hearings.
§§ 36-46 —REGULATION OF AMUSEMENTS AND EXHIBITIONS
The bill transfers responsibility for regulating amusements and exhibitions parks from DPS to DCP and makes technical and conforming changes.
BACKGROUND
Related Bills
sSB 997, reported favorably by the Public Safety and Security Committee, broadens DEMHS' jurisdiction by putting it in charge of fire service personnel, municipal police, emergency medical services, and emergency telecommunications.
HB 6650 (Emergency Certification), which the House passed on May 24, eliminates DPS and DEMHS and creates the Department of Emergency Services and Public Protection (DESPP) to take over DEMHS' functions and most of DPS' functions. It (1) puts the State Police, currently within DPS for administrative purposes only, within DESPP and (2) establishes a Division of Emergency Management and Homeland Security within DESPP to carry out emergency management, civil preparedness, and homeland security functions currently performed by DEMHS. It transfers the responsibility for regulating amusements and exhibitions to DCP.
Legislative History
The Senate referred the bill (File 290) to the General Law, Government Administration and Elections, Planning and Development, and Appropriations committees. The Appropriations Committee eliminated a provision in the original bill that increased, from 70% to 100%, the amount towns must pay resident troopers for overtime and fringe benefits directly associated with overtime costs.
COMMITTEE ACTION
Public Safety and Security Committee
Joint Favorable
Yea |
14 |
Nay |
9 |
(03/15/2011) |
General Law Committee
Joint Favorable
Yea |
9 |
Nay |
6 |
(04/13/2011) |
Government Administration and Elections Committee
Joint Favorable
Yea |
8 |
Nay |
5 |
(05/03/2011) |
Planning and Development Committee
Joint Favorable
Yea |
10 |
Nay |
6 |
(05/16/2011) |
Appropriations Committee
Joint Favorable Substitute
Yea |
50 |
Nay |
0 |
(05/23/2011) |