Senate Bill No. 354
Public Act No. 08-9
AN ACT CONCERNING THE LEGISLATIVE COMMISSIONERS' RECOMMENDATIONS FOR TECHNICAL REVISIONS TO THE PUBLIC SAFETY STATUTES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 28-22a of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Intrastate Mutual Aid Compact.
Article I. Purposes
This compact shall be known as the Intrastate Mutual Aid Compact and is made and entered into by and between the participating political subdivisions of this state. The purpose of this compact is to create a system of intrastate mutual aid between participating political subdivisions in the state. Each participant of this system recognizes that emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential for the protection of lives and property and for best use of available assets. The system shall provide for mutual assistance among the participating political subdivisions in the prevention of, response to, and recovery from, any disaster that results in a declaration of a local civil preparedness emergency in a participating political subdivision, subject to that participating political subdivision's criteria for declaration. The system shall provide for mutual cooperation among the participating subdivisions in conducting disaster-related exercises, testing or training activities.
Article II. General Provisions
(1) For purposes of this compact: (A) "Participating political subdivision" means each political subdivision of the state whose legislative body has not adopted a resolution withdrawing from this compact in accordance with the provisions of this article; and (B) "chief executive officer" means the elected or appointed officer granted the authority to declare a local civil preparedness emergency by the charter or ordinance of his or her political subdivision.
(2) On and after October 1, 2007, each political subdivision within the state shall automatically be a participating member of this compact. A participating political subdivision may withdraw from this compact by adopting a resolution indicating its intent to do so. The political subdivision shall automatically be deemed to have withdrawn from this compact upon adoption of such a resolution. The chief executive officer of such political subdivision shall submit a copy of such resolution to the Commissioner of Emergency Management and Homeland Security not later than ten days after the adoption of the resolution. Nothing in this article shall preclude a participating political subdivision from entering into a supplementary mutual aid agreement with another political subdivision or affect any other inter-local municipal agreement, including any other mutual aid agreement, to which a political subdivision may be a party or become a party.
(3) In the event of a serious disaster affecting any political subdivision of the state, the chief executive officer of that political subdivision may declare a local civil preparedness emergency. The chief executive officer of such political subdivision shall notify the Commissioner of Emergency Management and Homeland Security of such declaration not later than twenty-four hours after such declaration. Such a declaration shall activate the emergency plan of operations of that political subdivision, as established under subsection (a) of section 28-7 of the 2008 supplement to the general statutes, and authorize the request or furnishing of aid and assistance, including any aid and assistance provided under the intrastate mutual aid system described in this section. No immunity, rights or privileges shall be provided for any individual who self-dispatches in response to a declaration, without authorization by such individual's participating political subdivision.
Article III. Responsibilities
of the Local and Joint Organizations
of Participating Political Subdivisions
The participating political subdivisions shall ensure that the duties of their local or joint organizations, as described in subsection (a) of section 28-7 of the 2008 supplement to the general statutes, include the following:
(1) Identifying potential hazards that could affect the participating political subdivisions using an identification system common to all participating jurisdictions;
(2) Conducting of joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions, and [conduct] conducting joint training at least biennially;
(3) Identifying and inventorying the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivisions; and
(4) Adopting and implementing the standardized incident management system approved by the Department of Emergency Management and Homeland Security.
Article IV. Implementation
Any request for assistance made by the chief executive officer of a participating political subdivision who has declared a local civil preparedness emergency shall be made to the chief executive officers of other participating political subdivisions or their designees. Requests may be oral or in writing, and shall be reported to the Commissioner of Emergency Management and Homeland Security not later than twenty-four hours after the request. Oral requests shall be reduced to writing not later than forty-eight hours after the request.
Article V. Conditions
A participating political subdivision's obligation to provide assistance in the case of a declared local civil preparedness emergency is subject to the following conditions:
(1) A participating political subdivision shall have declared a local civil preparedness emergency;
(2) A responding participating political subdivision may withhold or recall resources to the extent it deems necessary to provide reasonable protection and services for its own jurisdiction;
(3) Personnel of a responding participating political subdivision shall continue under the command and control of their responding jurisdiction, including emergency medical treatment protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving assistance; and
(4) Assets and equipment of a responding participating political subdivision shall continue under the control of the responding jurisdiction, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving assistance.
Article VI. Licenses, Certificates and Permits
(1) If a person or entity holds a license, certificate or other permit issued by a participating political subdivision or the state evidencing qualification in a profession, mechanical skill or other skill, and the assistance of that person or entity is requested by a participating political subdivision, such person or entity shall be deemed to be licensed, certified or permitted in the political subdivision requesting assistance for the duration of the declared local civil preparedness emergency, subject to any limitations and conditions as may be prescribed by the chief executive officer of the participating political subdivisions, by executive order or otherwise; or by the person or entity's sponsor hospital.
(2) The officers, members and employees of the responding political subdivision, including, but not limited to, public works personnel, [firefighting] firefighters, police or other assigned personnel rendering aid or assistance pursuant to the compact and this section shall have the same duties, rights, privileges and immunities as if they were performing their duties in the responding political subdivision.
Article VII. Reimbursement
(1) Participating political subdivisions shall maintain documentation of all assets provided. In the event of federal reimbursement to a requesting political subdivision, any political subdivision providing assistance under the compact and this section shall receive its appropriate share of said reimbursement.
(2) A participating political subdivision may donate assets of any kind to a requesting participating political subdivision. Unless requested in writing, no reimbursement shall be sought by a responding political subdivision from a requesting political subdivision that has declared a local civil preparedness emergency. Any written request for reimbursement must be made not later than thirty calendar days after the response, except that notice of intent to seek reimbursement shall be given at the time the aid is rendered, or as soon as possible thereafter.
(3) Any dispute between political subdivisions regarding reimbursement shall be resolved by the parties not later than thirty days after written notice of the dispute by the party asserting noncompliance. If the dispute is not resolved within ninety days of the notice of the claim, either party may request that the dispute be resolved through arbitration. Any such arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association.
Article VIII. Liability
For the purposes of liability, all persons from a responding political subdivision under the operational control of the requesting political subdivision are deemed to be employees of the responding political subdivision. Neither the participating political subdivisions nor their employees, except in cases of wilful misconduct, gross negligence or bad faith, shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the intrastate mutual aid system.
Sec. 2. Subdivision (1) of subsection (a) of section 29-6c of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(1) "Alarm system" means an assembly of equipment and devices arranged to signal the presence of a hazard such as unauthorized intrusion into a premises, an attempted robbery or a fire or smoke condition at a premises requiring urgent attention and to which the Division of State Police is expected to respond, including, but not limited to: Automatic holdup alarm systems, burglary [alarms system] alarm systems, holdup alarm systems, manual holdup alarm systems, audible alarm systems and fire alarm systems. "Alarm system" does not mean a system that monitors temperature or is designed solely for notification of medical emergencies.
Sec. 3. Subdivision (1) of subsection (a) of section 29-15 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) (1) Except as provided in subdivision (2) of this subsection, whenever any person, having no record of prior criminal conviction, whose fingerprints, photograph and physical description are filed with the State Police Bureau of Identification in accordance with section 29-12 has been found not guilty of the offense charged, or has had such charge dismissed or nolled, such person's fingerprints, photograph and physical description and other identification data, and all copies and duplicates thereof, shall [,] be returned to such person not later than sixty days after the finding of not guilty or after such dismissal or in the case of a nolle within sixty days after thirteen months of such nolle.
Sec. 4. Subsection (a) of section 29-161f of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) No private security service shall operate on the waters of the state [,] without receiving prior legislative and executive approval of such operation in accordance with this section.
Sec. 5. Subsection (c) of section 29-232 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Any person aggrieved by any decision of the State Building Inspector or the State Building Inspector's designee pursuant to subsection (b) of this section may appeal to the Commissioner of Public Safety or [such] said commissioner's designee not later than thirty days after receipt of the notice of such decision. Any person aggrieved by any ruling of [such] said commissioner or designee may appeal therefrom to the Superior Court in accordance with section 4-183.
Sec. 6. Section 29-303 of the 2008 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The fire chief or local fire marshal with jurisdiction over a town, city, borough or fire district [,] where a fire, [or] explosion or other fire emergency occurs shall furnish the State Fire Marshal a report of all the facts relating to its cause, its origin, the kind, the estimated value and ownership of the property damaged or destroyed, and such other information as called for by the State Fire Marshal on forms furnished by the State Fire Marshal, or in an electronic format prescribed by the State Fire Marshal. The fire chief or fire marshal may also submit reports regarding other significant fire department response to such fire or explosion, and such reports may be filed monthly but commencing January 1, 2008, such reports shall be filed not less than quarterly.
Approved April 29, 2008