Bill Text: CT SB00324 | 2012 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Department Of Emergency Services And Public Protection.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-05-04 - Favorable Report, Tabled for the Calendar, Senate [SB00324 Detail]
Download: Connecticut-2012-SB00324-Comm_Sub.html
General Assembly |
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February Session, 2012 |
*_____SB00324JUD___050412____* |
AN ACT CONCERNING THE DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 4-77a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The estimates of expenditure requirements transmitted by the administrative head of each budgeted agency to the Secretary of the Office of Policy and Management, pursuant to section 4-77, shall include an estimate of the amount required by such agency for the payment of the workers' compensation claims of the employees of each such agency. Appropriations which are recommended in the budget document transmitted by the Governor in the odd-numbered years or the status report transmitted by the Governor in the even-numbered years to the General Assembly pursuant to section 4-71 or contained in the state budget act or any deficiency bill, as provided in section 2-36, for the payment of such claims shall be made as follows: (1) For the Departments of Developmental Services, Mental Health and Addiction Services, Correction, Transportation, [Public Safety] Emergency Services and Public Protection and Children and Families, directly to said agencies; (2) for all other budgeted state agencies, to the Department of Administrative Services which shall maintain an account for payment of workers' compensation claims.
Sec. 2. Section 7-294m of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(1) The Police Officer Standards and Training Council established under section 7-294b, in conjunction with the office of the Chief State's Attorney and the Connecticut Police Chiefs Association, and (2) the Division of State Police within the Department of [Public Safety] Emergency Services and Public Protection, in conjunction with the office of the Chief State's Attorney, shall provide instruction on the subject of new legal developments which affect police policies and practices concerning the investigation, detection and prosecution of criminal matters, each year to the chief law enforcement officer of each municipality and any person designated by such officer to serve in such capacity in such officer's absence. Each such officer may be given credit for such course of instruction toward the certified review training required by subsection (a) of section 7-294d. Such training program shall be named "The John M. Bailey Seminar on New Legal Developments Impacting Police Policies and Practices".
Sec. 3. Section 16-50j of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) There is established a "Connecticut Siting Council", hereinafter referred to as the "council", which shall be within the Department of Energy and Environmental Protection for administrative purposes only.
(b) Except for proceedings under chapter 445, this subsection and subsection (c) of this section, the council shall consist of: (1) The Commissioner of Energy and Environmental Protection, or his designee; (2) the chairperson of the Public Utilities Regulatory Authority, or the chairperson's designee; (3) one designee of the speaker of the House and one designee of the president pro tempore of the Senate; and (4) five members of the public, to be appointed by the Governor, at least two of whom shall be experienced in the field of ecology, and not more than one of whom shall have affiliation, past or present, with any utility or governmental utility regulatory agency, or with any person owning, operating, controlling, or presently contracting with respect to a facility, a hazardous waste facility, as defined in section 22a-115, as amended by this act, or an ash residue disposal area.
(c) For proceedings under chapter 445, subsection (b) of this section and this subsection, the council shall consist of (1) the Commissioners of Public Health and [Public Safety] Emergency Services and Public Protection or their designated representatives; (2) the designees of the speaker of the House of Representatives and the president pro tempore of the Senate as provided in subsection (b) of this section; (3) the five members of the public as provided in subsection (b) of this section; and (4) four ad hoc members, three of whom shall be electors from the municipality in which the proposed facility is to be located and one of whom shall be an elector from a neighboring municipality likely to be most affected by the proposed facility. The municipality most affected by the proposed facility shall be determined by the permanent members of the council. If any one of the five members of the public or of the designees of the speaker of the House of Representatives or the president pro tempore of the Senate resides (A) in the municipality in which a hazardous waste facility is proposed to be located for a proceeding concerning a hazardous waste facility or in which a low-level radioactive waste facility is proposed to be located for a proceeding concerning a low-level radioactive waste facility, or (B) in the neighboring municipality likely to be most affected by the proposed facility, the appointing authority shall appoint a substitute member for the proceedings on such proposal. If any appointee is unable to perform his duties on the council due to illness, or has a substantial financial or employment interest which is in conflict with the proper discharge of his duties under this chapter, the appointing authority shall appoint a substitute member for proceedings on such proposal. An appointee shall report any substantial financial or employment interest which might conflict with the proper discharge of his duties under this chapter to the appointing authority who shall determine if such conflict exists. If any state agency is the applicant, an appointee shall not be deemed to have a substantial employment conflict of interest because of employment with the state unless such appointee is directly employed by the state agency making the application. Ad hoc members shall be appointed by the chief elected official of the municipality they represent and shall continue their membership until the council issues a letter of completion of the development and management plan to the applicant.
(d) For proceedings under sections 22a-285d to 22a-285h, inclusive, the council shall consist of (1) the Commissioners of Public Health and [Public Safety] Emergency Services and Public Protection or their designated representatives; (2) the designees of the speaker of the House of Representatives and the president pro tempore of the Senate as provided in subsection (b) of this section, and (3) five members of the public as provided in subsection (b) of this section. If any one of the five members of the public or of the designees of the speaker of the House of Representatives or the president pro tempore of the Senate resides in the municipality in which an ash residue disposal area is proposed to be located the appointing authority shall appoint a substitute member for the proceedings on such proposal. If any appointee is unable to perform his duties on the council due to illness, or has a substantial financial or employment interest which is in conflict with the proper discharge of his duties under sections 22a-285d to 22a-285h, inclusive, the appointing authority shall appoint a substitute member for proceedings on such proposal. An appointee shall report any substantial financial or employment interest which might conflict with the proper discharge of his duties under said sections to the appointing authority who shall determine if such conflict exists. If any state agency is the applicant, an appointee shall not be deemed to have a substantial employment conflict of interest because of employment with the state unless such appointee is directly employed by the state agency making the application.
(e) The chairman of the council shall be appointed by the Governor from among the five public members appointed by him, with the advice and consent of the House or Senate, and shall serve as chairman at the pleasure of the Governor.
(f) The public members of the council, including the chairman, the members appointed by the speaker of the House and president pro tempore of the Senate and the four ad hoc members specified in subsection (c) of this section, shall be compensated for their attendance at public hearings, executive sessions, or other council business as may require their attendance at the rate of two hundred dollars, provided in no case shall the daily compensation exceed two hundred dollars.
(g) The council shall, in addition to its other duties prescribed in this chapter, adopt, amend, or rescind suitable regulations to carry out the provisions of this chapter and the policies and practices of the council in connection therewith, and appoint and prescribe the duties of such staff as may be necessary to carry out the provisions of this chapter. The chairman of the council, with the consent of five or more other members of the council, may appoint an executive director, who shall be the chief administrative officer of the Connecticut Siting Council. The executive director shall be exempt from classified service.
(h) Prior to commencing any hearing pursuant to section 16-50m, the council shall consult with and solicit written comments from (1) the Department of Energy and Environmental Protection, the Department of Public Health, the Council on Environmental Quality, the Department of Agriculture, the Public Utilities Regulatory Authority, the Office of Policy and Management, the Department of Economic and Community Development and the Department of Transportation, and (2) in a hearing pursuant to section 16-50m, for a facility described in subdivision (3) of subsection (a) of section 16-50i, the Department of Emergency Services and Public Protection, [the Department of Public Safety,] the Department of Consumer Protection, the Department of Public Works and the Labor Department. In addition, the Department of Energy and Environmental Protection shall have the continuing responsibility to investigate and report to the council on all applications which prior to October 1, 1973, were within the jurisdiction of the Department of Environmental Protection with respect to the granting of a permit. Copies of such comments shall be made available to all parties prior to the commencement of the hearing. Subsequent to the commencement of the hearing, said departments and council may file additional written comments with the council within such period of time as the council designates. All such written comments shall be made part of the record provided by section 16-50o. Said departments and council shall not enter any contract or agreement with any party to the proceedings or hearings described in this section or section 16-50p, that requires said departments or council to withhold or retract comments, refrain from participating in or withdraw from said proceedings or hearings.
Sec. 4. Subdivision (12) of section 21-39a of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(12) "Licensing authority" means the chief of police of any town or city or, if such town or city does not have an organized local police department, the Commissioner of [Public Safety] Emergency Services and Public Protection.
Sec. 5. Subsection (b) of section 21-40 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) The person so licensed shall pay, for the benefit of any such city or town, respectively, or if the licensing authority of such city or town is the Commissioner of [Public Safety] Emergency Services and Public Protection, for the benefit of the Department of [Public Safety] Emergency Services and Public Protection, to the licensing authority a license fee of fifty dollars, and twenty-five dollars per year thereafter for renewal of such license, and shall, at the time of receiving such license, file, with the licensing authority of such city or town, a bond to such city or town, with competent surety, in the penal sum of two thousand dollars, to be approved by such licensing authority, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed, unless such person is also licensed as a secondhand dealer in accordance with section 21-47d, as amended by this act, in which case the licensing authority shall waive the payment of renewal fees and filing of a bond required by this subsection.
Sec. 6. Subsection (b) of section 21-47d of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(b) Any person granted a license under subsection (a) of this section shall pay, for the benefit of the city or town, respectively, or if the licensing authority is the Commissioner of [Public Safety] Emergency Services and Public Protection, for the benefit of the Department of [Public Safety] Emergency Services and Public Protection, to the licensing authority a license fee of two hundred fifty dollars, and one hundred dollars per year thereafter, for renewal of such license, and shall, at the time of receiving such license, file, with the licensing authority, a bond to such city or town, with competent surety, in the amount of ten thousand dollars, to be approved by such licensing authority and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed.
Sec. 7. Subdivision (14) of section 22a-115 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(14) "Permanent council members" means the membership for proceedings under this chapter, consisting of the Commissioners of Public Health and [Public Safety] Emergency Services and Public Protection or their designees, five members appointed by the Governor and one designee each of the speaker of the House and the president pro tempore of the Senate;
Sec. 8. Subsection (e) of section 22a-119 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(e) Prior to commencing any hearing pursuant to this section the council shall consult with and solicit written comments from the Departments of Energy and Environmental Protection, Public Health, Economic and Community Development, [Public Safety] Emergency Services and Public Protection and Transportation, the Office of Policy and Management and the Council on Environmental Quality. Copies of comments submitted by such agencies shall be available to all parties prior to commencement of the public hearing. Agencies consulted may file additional comments within thirty days of the conclusion of the hearing and such additional comments shall be a part of the record.
Sec. 9. Subsection (c) of section 28-32a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Information provided by licensed wholesalers pursuant to this section shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and shall be available only to the Department of Consumer Protection, the Department of Public Health, the [Office] Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection and such other agencies or entities as the Commissioner of Consumer Protection determines, after request by such agency or entity and demonstration of a need for the information for purposes of public health preparedness, pharmacological-terrorism prevention or response, medication integrity or such other purpose deemed appropriate by the commissioner.
Sec. 10. Section 29-10b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The Commissioner of [Public Safety] Emergency Services and Public Protection shall charge the following fees for the item or service indicated:
(1) Each search of the record files made pursuant to a request for a copy of an accident or investigative report which results in no document being produced, six dollars, and on and after July 1, 1993, sixteen dollars.
(2) Each copy of an accident or investigative report, six dollars, and on and after July 1, 1993, sixteen dollars.
Sec. 11. Section 45a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The courts of probate shall have concurrent jurisdiction with the Superior Court, as provided in section 52-11, to grant a change of name, except a change of name granted in accordance with subsection (a) of section 46b-63, except that no court of probate may issue an order or otherwise allow for the change of name of a person who is required to register with the Commissioner of [Public Safety] Emergency Services and Public Protection as a sexual offender unless such person complies with the requirements of subdivision (1) of subsection (b) of this section.
(b) (1) Any person who is required to register with the Commissioner of [Public Safety] Emergency Services and Public Protection as a sexual offender who files an application with the Court of Probate for a change of name shall (A) prior to filing such application, notify the Commissioner of [Public Safety] Emergency Services and Public Protection, on such form as the commissioner may prescribe, that the person intends to file an application for a change of name, indicating the change of name sought, and (B) include with such application a sworn statement that such change of name is not being sought for the purpose of avoiding the legal consequences of a criminal conviction, including, but not limited to, a criminal conviction that requires such person to register as a sexual offender.
(2) The Commissioner of [Public Safety] Emergency Services and Public Protection shall have standing to challenge such person's application for a change of name in the court of probate where such change of name is sought. The commissioner shall challenge the change of name through the Attorney General. The court of probate may deny such person's application for a change of name if the court finds, by a preponderance of the evidence, that the person is applying for such change of name for the purpose of avoiding the legal consequences of a criminal conviction.
(c) Whenever the court, pursuant to this section, orders a change of name of a person, the court shall notify the Commissioner of [Public Safety] Emergency Services and Public Protection of the issuance of such order if the court finds that such person is listed in the registry established and maintained pursuant to section 54-257.
Sec. 12. Section 53-202e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
Any individual may arrange in advance to relinquish an assault weapon to a police department or the Department of [Public Safety] Emergency Services and Public Protection. The assault weapon shall be transported in accordance with the provisions of section 53-202f.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
4-77a |
Sec. 2 |
from passage |
7-294m |
Sec. 3 |
from passage |
16-50j |
Sec. 4 |
from passage |
21-39a(12) |
Sec. 5 |
from passage |
21-40(b) |
Sec. 6 |
from passage |
21-47d(b) |
Sec. 7 |
from passage |
22a-115(14) |
Sec. 8 |
from passage |
22a-119(e) |
Sec. 9 |
from passage |
28-32a(c) |
Sec. 10 |
from passage |
29-10b |
Sec. 11 |
from passage |
45a-99 |
Sec. 12 |
from passage |
53-202e |
PS |
Joint Favorable Subst.-LCO |
|
JUD |
Joint Favorable |