CHAPTER 517
CIVIL PREPAREDNESS, EMERGENCY MANAGEMENT
AND HOMELAND SECURITY

Table of Contents

Sec. 28-1. Definitions.
Sec. 28-1a. Division of Emergency Management and Homeland Security. Powers and duties of commissioner. Regulations. Memorandum of understanding.
Sec. 28-1b. State-wide Emergency Management and Homeland Security Coordinating Council: Duties; members; chairpersons; meetings; vacancies; annual report.
Sec. 28-1i. Annual report to General Assembly re state-wide emergency management and homeland security activities.
Sec. 28-1l. Annual report to General Assembly re homeland preparedness and emergency response planning and activities for children.
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.
Sec. 28-7. Local and joint organizations: Organization; powers; temporary aid.
Sec. 28-9d. Federal assistance for individual or family disaster-related expenses.
Sec. 28-15. Acceptance of federal or other assistance. Nondiscrimination.

      Sec. 28-1. Definitions. As used in this chapter:

      (1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.

      (2) "Major disaster" means any catastrophe including, but not limited to, any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm or drought, or, regardless of cause, any fire, flood, explosion, or manmade disaster in any part of this state that, (A) in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121 et seq., as amended from time to time, to supplement the efforts and available resources of this state, local governments within the state, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused by such catastrophe, or (B) in the determination of the Governor, requires the declaration of a civil preparedness emergency pursuant to section 28-9.

      (3) "Emergency" means any occasion or instance for which, in the determination of the Governor or the President, state or federal assistance is needed to supplement state or local efforts and capabilities to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster or catastrophe in any part of this state.

      (4) "Civil preparedness" means all those activities and measures designed or undertaken (A) to minimize or control the effects upon the civilian population of major disaster or emergency, (B) to minimize the effects upon the civilian population caused or which would be caused by an attack upon the United States, (C) to deal with the immediate emergency conditions which would be created by any such attack, major disaster or emergency, and (D) to effectuate emergency repairs to, or the emergency restoration of, vital utilities and facilities destroyed or damaged by any such attack, major disaster or emergency. Such term shall include, but shall not be limited to, (i) measures to be taken in preparation for anticipated attack, major disaster or emergency, including the establishment of appropriate organizations, operational plans and supporting agreements; the recruitment and training of personnel; the conduct of research; the procurement and stockpiling of necessary materials and supplies; the provision of suitable warning systems; the construction and preparation of shelters, shelter areas and control centers; and, when appropriate, the nonmilitary evacuation of the civilian population, pets and service animals; (ii) measures to be taken during attack, major disaster or emergency, including the enforcement of passive defense regulations prescribed by duly established military or civil authorities; the evacuation of personnel to shelter areas; the control of traffic and panic; and the control and use of lighting and civil communication; and (iii) measures to be taken following attack, major disaster or emergency, including activities for firefighting; rescue, emergency medical, health and sanitation services; monitoring for specific hazards of special weapons; unexploded bomb reconnaissance; essential debris clearance; emergency welfare measures; and immediately essential emergency repair or restoration of damaged vital facilities.

      (5) "Civil preparedness forces" means any organized personnel engaged in carrying out civil preparedness functions in accordance with the provisions of this chapter or any regulation or order adopted pursuant to this chapter. All the police and fire forces of the state or any political subdivision of the state, or any part of any political subdivision, including all the auxiliaries of these forces and emergency medical service personnel licensed or certified pursuant to section 19a-179, shall be construed to be a part of the civil preparedness forces. The Connecticut Disaster Medical Assistance Team and the Medical Reserve Corps, under the auspices of the Department of Public Health, the Connecticut Urban Search and Rescue Team, under the auspices of the Department of Emergency Services and Public Protection, and the Connecticut behavioral health regional crisis response teams, under the auspices of the Department of Mental Health and Addiction Services and the Department of Children and Families, and their members, shall be construed to be a part of the civil preparedness forces while engaging in authorized civil preparedness duty or while assisting or engaging in authorized training for the purpose of eligibility for immunity from liability as provided in section 28-13 and for death, disability and injury benefits as provided in section 28-14. Any member of the civil preparedness forces who is called upon either by civil preparedness personnel or state or municipal police personnel to assist in any emergency shall be deemed to be engaging in civil preparedness duty while assisting in such emergency or while engaging in training under the auspices of the Department of Emergency Services and Public Protection, the Divisions of State Police and Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection or a municipal police department, for the purpose of eligibility for death, disability and injury benefits as provided in section 28-14.

      (6) "Mobile support unit" means an organization of civil preparedness forces created in accordance with the provisions of this chapter to be dispatched by the Governor or Commissioner of Emergency Services and Public Protection to supplement civil preparedness forces in a stricken or threatened area.

      (7) "Civil preparedness emergency" or "disaster emergency" means an emergency declared by the Governor under the provisions of this chapter in the event of serious disaster or of enemy attack, sabotage or other hostile action within the state or a neighboring state, or in the event of the imminence of such an event.

      (8) "Local civil preparedness emergency" or "disaster emergency" means an emergency declared by the chief executive officer of any town or city in the event of serious disaster affecting such town or city.

      (9) "Governor" means the Governor or anyone legally administering the office of Governor.

      (10) "Commissioner" means the Commissioner of Emergency Services and Public Protection.

      (11) "Department" means the Department of Emergency Services and Public Protection.

      (12) "Political subdivision" means any city, town, municipality, borough or other unit of local government.

      (June, 1951, 1953, S. 1905d; 1957, P.A. 469, S. 1; 1959, P.A. 65, S. 1; 135; 1961, P.A. 455; P.A. 73-544, S. 1; P.A. 74-296; P.A. 75-643, S. 1; P.A. 79-417, S. 1; P.A. 88-135, S. 4; P.A. 03-278, S. 89; June 30 Sp. Sess. P.A. 03-6, S. 166; P.A. 04-219, S. 12; 04-257, S. 45; P.A. 05-259, S. 3; P.A. 06-15, S. 1; P.A. 07-11, S. 1; P.A. 11-21, S. 1; 11-51, S. 161.)

      History: 1959 acts defined attack and governor, and redefined civil defense and civil defense forces; 1961 act further defined civil defense forces to add provision re skindivers; P.A. 73-544 substituted "civil preparedness" for "civil defense" where appearing; P.A. 74-296 deleted in Subsec. (c) references to skindiving and added "municipal" to references to "state police"; P.A. 75-643 defined "disaster" in new Subsec. (b) and relettered the Subsecs. accordingly, added the unorganized militia to civil preparedness forces defined in new Subsec. (d), added "disaster emergency" in new Subsec. (f) and added new Subsec. (i) defining political subdivision; P.A. 79-417 deleted definition for "disaster" in Subsec. (b) and substituted definition for "major disaster", added new Subsec. (c) defining "emergency", relettered Subsec. (c) as (d) and incorporated references to major disaster or emergency in definition of "civil preparedness", relettered subsequent Subsecs. accordingly in sequence and deleted reference to the unorganized militia in new Subsec. (e); P.A. 88-135 substituted "emergency management" for "civil preparedness" in Subsecs. (e) and (f); P.A. 03-278 made a technical change in Subsecs. (g) and (h), effective July 9, 2003; June 30 Sp. Sess. P.A. 03-6 made technical changes in Subsecs. (c) and (d) and amended Subsec. (e) by adding provisions re the Connecticut Disaster Medical Assistance Team, the Medical Reserve Corps, the Connecticut Urban Search and Rescue Team and the Connecticut behavioral health regional crisis response teams as part of the civil preparedness forces, effective August 20, 2003; P.A. 04-219 substituted numerical Subdiv. designators for Subsec. designators, changing internal subdesignators accordingly, substituted Department of Emergency Management and Homeland Security for Department of Public Safety and for Office of Emergency Management and added reference to Department of Public Safety in Subdiv. (5), substituted Commissioner of Emergency Management and Homeland Security for state director of emergency management in Subdiv. (6), and added definitions of "commissioner" and "department" in Subdivs. (10) and (11), effective January 1, 2005; P.A. 04-257 made technical changes in definition of "civil preparedness forces", effective June 14, 2004; P.A. 05-259 amended Subdiv. (5) by making a technical change and including emergency medical service personnel licensed or certified pursuant to Sec. 19a-179 within the definition of "civil preparedness forces", effective July 13, 2005; P.A. 06-15 redefined "major disaster" in Subdiv. (2) and "emergency" in Subdiv. (3); P.A. 07-11 redefined "civil preparedness" to include the nonmilitary evacuation of pets and service animals in Subdiv. (4); P.A. 11-21 redefined "major disaster" in Subdiv. (2), redefined "emergency" in Subdiv. (3), redefined "civil preparedness" in Subdiv. (4) and made technical changes; P.A. 11-51 redefined "civil preparedness forces" in Subdiv. (5), redefined "mobile support unit" in Subdiv. (6), redefined "commissioner" in Subdiv. (10), redefined "department" in Subdiv. (11) and made a technical change, effective July 1, 2011.

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      Sec. 28-1a. Division of Emergency Management and Homeland Security. Powers and duties of commissioner. Regulations. Memorandum of understanding. (a) With reasonable conformance to applicable federal statutes and administrative regulations of the Federal Emergency Management Agency and the requirements of the Connecticut emergency operations plan, the Commissioner of Emergency Services and Public Protection shall organize the Division of Emergency Management and Homeland Security and the personnel of said division as may be necessary for the effective discharge of the authorized emergency management, civil preparedness and homeland security missions, including, but not limited to, the provisions of the Connecticut emergency operations plan and the national plan for civil preparedness. Any personnel assigned to said division may be removed by the commissioner for security reasons or for incompetence, subject to reinstatement by the Employees' Review Board.

      (b) The commissioner shall be responsible for: (1) Coordinating with state and local government personnel, agencies and authorities and the private sector to ensure adequate planning, equipment, training and exercise activities by such personnel, agencies and authorities and the private sector with regard to homeland security; (2) coordinating, and as may be necessary, consolidating homeland security communications and communications systems of the state government with state and local government personnel, agencies and authorities, the general public and the private sector; (3) distributing and, as may be appropriate, coordinating the distribution of information and security warnings to state and local government personnel, agencies and authorities and the general public; and (4) establishing standards and security protocols for the use of any intelligence information.

      (c) The commissioner may adopt such regulations, in accordance with the provisions of chapter 54, as necessary to implement the duties of the department.

      (d) The commissioner shall enter into a memorandum of understanding with the Military Department to provide for (1) the temporary assignment of employees of the Military Department to work in the department, and (2) interagency information sharing. Any such personnel temporarily assigned shall act under the direction of the commissioner. The Military Department shall retain administrative control over such personnel.

      (e) The commissioner may request and may receive from any federal, state or local agency, cooperation and assistance in the performance of the duties of the department, including the temporary assignment of personnel necessary to perform the functions of the department. Any such personnel temporarily assigned shall act under the direction of the commissioner. The federal, state or local agency shall retain administrative control over such personnel. For purposes of section 5-141d, such personnel temporarily assigned shall be deemed to be acting as state employees while assigned to, and performing the duties of, the department.

      (P.A. 77-614, S. 510, 610; P.A. 88-135, S. 5; May Sp. Sess. P.A. 92-12, S. 2, 10; P.A. 93-206, S. 4, 16; P.A. 99-190, S. 1, 9; P.A. 04-219, S. 13; P.A. 05-265, S. 1; 05-287, S. 6; P.A. 06-196, S. 156; P.A. 11-51, S. 162.)

      History: P.A. 88-135 substituted office of "emergency management" for office of "civil preparedness"; May Sp. Sess. P.A. 92-12 deleted phrase "for administrative purposes only" and required said office to be the designated civil defense organization for state; P.A. 93-206 placed office of emergency management within division of fire, emergency and building services, effective July 1, 1993; P.A. 99-190 transferred the Office of Emergency Management from the Division of Fire, Emergency and Building Services within the Department of Public Safety to the Military Department, effective July 1, 1999; P.A. 04-219 eliminated former provisions and substituted provisions establishing Department of Emergency Management and Homeland Security within the Office of Policy and Management for administrative purposes only, requiring commissioner to be department head and specifying qualifications and duties of commissioner in Subsec. (a), requiring commissioner to organize department and personnel as necessary for effective discharge of authorized emergency management, civil preparedness and homeland security missions, authorizing removal of any department personnel by commissioner for security reasons or incompetence and authorizing commissioner to enter into contracts for the furnishing of services necessary for the proper execution of the duties of department in Subsec. (b), specifying responsibilities of commissioner in Subsec. (c), authorizing commissioner to adopt regulations in Subsec. (d), requiring commissioner to enter into interagency memorandum of understanding with Department of Public Safety and Military Department in Subsec. (e), and requiring transfer of functions, powers, duties and personnel of Division of Homeland Security within Department of Public Safety and Office of Emergency Management within Military Department to new department in Subsec. (f), effective January 1, 2005; P.A. 05-265 amended Subsec. (e)(1) to provide that the assignment of personnel is temporary, to require that any such personnel temporarily assigned act under the direction of the commissioner, deleting reference to "all such assigned employees" and "sole" direction, and to require Department of Public Safety and Military Department to retain administrative control over such personnel, added new Subsec. (f) allowing commissioner to request and receive cooperation and assistance in the performance of the duties of department from any federal, state or local agency, and redesignated existing Subsec. (f) as Subsec. (g), effective July 13, 2005; P.A. 05-287 amended Subsec. (a) to delete provision placing Department of Emergency Management and Homeland Security within the Office of Policy and Management for administrative purposes only, effective July 13, 2005; P.A. 06-196 made technical changes in Subsec. (c), effective June 7, 2006; P.A. 11-51 deleted former Subsec. (a) re Department of Emergency Management and Homeland Security, redesignated existing Subsecs. (b) to (f) as Subsecs. (a) to (e), amended Subsec. (a) by replacing "commissioner" with "Commissioner of Emergency Services and Public Protection", by replacing "department" with "Division of Emergency Management and Homeland Security", and by deleting provisions re commissioner entering into contracts for proper execution of duties of department and requiring Attorney General's approval, amended Subsec. (d) by deleting provisions authorizing commissioner to enter into interagency memorandum of understanding with Department of Public Safety, requiring commissioner to consult with bargaining unit representing state police re such memorandum and requiring such memorandum to provide for retrenchment rights of state police, deleted former Subsec. (g) re transfer of powers, and made conforming changes, effective July 1, 2011.

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      Sec. 28-1b. State-wide Emergency Management and Homeland Security Coordinating Council: Duties; members; chairpersons; meetings; vacancies; annual report. Section 28-1b is repealed, effective July 1, 2011.

      (P.A. 04-219, S. 27; P.A. 07-106, S. 7; 07-173, S. 1; P.A. 11-51, S. 90, 223; 11-80, S. 1.)

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      Sec. 28-1i. Annual report to General Assembly re state-wide emergency management and homeland security activities. Not later than January first, annually, the Commissioner of Emergency Services and Public Protection 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. 30; P.A. 11-51, S. 163.)

      History: P.A. 04-219 effective January 1, 2005; P.A. 11-51 replaced "January 1, 2006, and annually thereafter" with "January first, annually" and replaced "Commissioner of Emergency Management and Homeland Security" with "Commissioner of Emergency Services and Public Protection", effective July 1, 2011.

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      Sec. 28-1l. Annual report to General Assembly re homeland preparedness and emergency response planning and activities for children. On or before January 1, 2012, and annually thereafter, the Commissioner of Emergency Services and Public Protection shall report to the General Assembly, in accordance with section 11-4a, on planning and activities for children and youth as part of homeland preparedness and emergency response planning for natural disasters, man-made disasters and terrorism. The report shall include provisions that address (1) the distinct health needs of children for purposes of bioterrorism and other public health emergency preparedness, (2) public education and communications for families concerning public safety issues relating to disasters and terrorism, (3) training in safety and security measures and multihazard response plans for child care providers, school personnel and personnel in before and after school programs, family homeless shelters, summer camps and juvenile justice system facilities, (4) coordination of school health and mental health strategies, and (5) the amendments to the state civil preparedness plan and program made pursuant to subsection (c) of section 28-5.

      (P.A. 11-51, S. 134; 11-66, S. 1.)

      History: P.A. 11-66 effective July 1, 2011; pursuant to P.A. 11-51, "Commissioner of Emergency Management and Homeland Security" was changed editorially by the Revisors to "Commissioner of Emergency Services and Public Protection", effective July 1, 2011.

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      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 such witnesses or the production of such 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. The court or 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 or her 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) The Commissioner of Emergency Services and Public Protection shall, within available appropriations and in consultation with the Commissioners of Social Services, Public Health, Children and Families, Mental Health and Addiction Services and Education, and the Commission on Children, update and amend the state civil preparedness plan and program established pursuant to subsection (b) of this section to address the needs of children during natural disasters, man-made disasters and terrorism. The plan may also be amended in consultation with parents, local emergency services and child care providers. The amended plan shall include, but not be limited to, a requirement that all schools and licensed and regulated child day care services, as defined in section 19a-77, have written multihazard disaster response plans that address (1) the evacuation and removal of children to a safe location, (2) notification of parents in the event of a disaster or terrorism, (3) reunification of parents with their children, and (4) care for children with special needs during a disaster or terrorism.

      (d) 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.

      (e) 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 or her department, office, institution or agency and shall implement and carry out such activities whenever necessary for the welfare and safety of the state.

      (f) 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; P.A. 05-288, S. 191; P.A. 11-51, S. 134; 11-66, S. 2.)

      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; P.A. 05-288 made technical changes in Subsec. (a), effective July 13, 2005; P.A. 11-66 added new Subsec. (c) re amending state civil preparedness plan and program to address the needs of children, redesignated existing Subsecs. (c) to (e) as Subsecs. (d) to (f) and made technical changes, effective July 1, 2011; pursuant to P.A. 11-51, "Commissioner of Emergency Management and Homeland Security" was changed editorially by the Revisors to "Commissioner of Emergency Services and Public Protection" in Subsec. (c), effective July 1, 2011.

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      Sec. 28-7. Local and joint organizations: Organization; powers; temporary aid. (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. In order to be eligible for any state or federal benefits under this chapter, not later than January 1, 2008, and annually thereafter, each town or city of the state shall have a current emergency plan of operations that has been approved by the commissioner. The plan shall be submitted to the commissioner after it has been approved by the local emergency management director and the local chief executive. Such plan may be submitted with a notice stating that the plan remains unchanged from the previous year's version. The emergency plan of operations of every town or city situated on the shoreline of the state shall contain provisions addressing an emergency caused by any existing liquefied natural gas terminal located on the Long Island Sound and every town or city situated on the shoreline of the state shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to public safety, in accordance with the provisions of section 11-4a, and the commissioner to obtain approval. The committee shall hold a public hearing regarding such plan not later than thirty days after receiving the plan. Not later than five days after the hearing, the committee shall (1) hold a roll-call vote to approve or reject the plan, and (2) forward the plan and a record of the committee's vote to the General Assembly. Such emergency plan of operations shall not be approved by the commissioner unless the commissioner determines that the plan proposes strategies that address all the activities and measures of civil preparedness identified in subdivision (4) of section 28-1. Each town or city of the state shall consider whether to provide for the nonmilitary evacuation of livestock and horses in such plan.

      (b) Each local organization for civil preparedness shall consist of an advisory council and an emergency management 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 emergency management 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 emergency management 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 emergency management 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 emergency management 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 the Governor 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 emergency management 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; P.A. 07-11, S. 2; 07-94, S. 1; 07-173, S. 3, 5; P.A. 11-21, S. 2.)

      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; P.A. 07-11 amended Subsec. (a) to make approval of plan contingent upon its conformance with Sec. 28-1(4); P.A. 07-94 amended Subsec. (a) to require shoreline towns or cities to provide for liquefied natural gas terminal emergency in their emergency plan of operations and to submit plan for approval, and to require General Assembly public safety committee to hold hearing and vote on plan; P.A. 07-173 amended Subsec. (a) to require each town or city to submit emergency plan of operations by January 1, 2008, and annually thereafter, and to require each town or city to consider whether to provide for nonmilitary evacuation of livestock and horses in plan; P.A. 11-21 specified that directors of local or joint organizations for civil preparedness are emergency management directors, and made a technical change.

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      Sec. 28-9d. Federal assistance for individual or family disaster-related expenses. (a) Whenever the President, at the request of the Governor, has declared a major disaster to exist in this state, the Governor is authorized: (1) Upon the Governor's 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 of the federal government, pledging the state to participate in the funding of the financial assistance authorized in subdivision (1) of this subsection, in an amount not to exceed twenty-five per cent of such financial assistance 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 major disaster-related necessary expenses or serious needs of individuals or families adversely affected by a disaster that cannot otherwise adequately be met from other means of assistance, that 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; P.A. 07-217, S. 131; P.A. 11-21, S. 4.)

      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 $5,000, effective May 26, 2000; P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007; P.A. 11-21 added "major" re disaster and made technical changes in Subsecs. (a) and (b).

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      Sec. 28-15. Acceptance of federal or other assistance. Nondiscrimination. (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, gender identity or expression, 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; P.A. 11-55, S. 14.)

      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; P.A. 11-55 amended Subsec. (b) to prohibit discrimination on basis of gender identity or expression.

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