Order Code RS21801
April 2, 2004
CRS Report for Congress
Received through the CRS Web
Connecticut Emergency Management and
Homeland Security Statutory Authorities
Summarized
Keith Bea
Specialist in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
Connecticut’s primary emergency management statute is chapter 517, Civil
Preparedness, which delegates powers to the governor, emergency management office
and local civil preparedness organizations, and provides for mutual aid agreements.
Assistance and funding come primarily from federal aid with some aid to municipalities
coming from a local emergency relief account within the state’s general fund.
Connecticut is a member of the Emergency Management Assistance Compact and may
participate in interstate compacts for mutual military aid or reciprocal mutual aid.
This report is one of a series that profiles the emergency management and
homeland security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Congressional Research Service ˜
The Library of Congress
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Entities with Key Responsibilities
Governor: The governor may modify or suspend provisions of any statute or order
for up to six months he or she determines it is in conflict with the efficient and
expeditious execution of civil preparedness functions. The governor may utilize state
resources, order blackouts, commandeer private property, compel evacuation, or control
movement of population in a stricken or threatened area (Conn. Gen. Stat. §28-9). Also,
the governor may issue a ?supply emergency” proclamation due to shortage of products
or services as a result of a disaster or war. The General Assembly may disapprove such
proclamations by majority vote (Conn. Gen. Stat. §42-231).
Office of Emergency Management: The Office of Emergency Management has been
established within the state military department as the designated civil defense
organization for the state (Conn. Gen. Stat. §28-1a). The adjutant general is in charge of
the Office of Emergency Management (Conn. Gen. Stat. §27-20).
Emergency Management Director: The statute authorizes the governor to appoint the
director of the office of emergency management and sets out certain staffing requirements
(Conn. Gen. Stat. §28-2). The director is empowered, in anticipation of war, attack,
sabotage or other hostile action or any disaster, to purchase and maintain a stockpile of
medical supplies, blankets, food, fuel, equipment and any other supplies necessary for an
emergency (Conn. Gen. Stat. §28-16).
Emergency Response Commission:
The statute established the state emergency
response commission and outlines the membership and term of office. The commission
implements provisions of the Emergency Planning and Community Right-to-Know Act,
designates local planning districts, conducts state emergency planning activities, enters
into interagency agreements, and provides information on the release of extremely
hazardous substances (Conn. Gen. Stat. §22a-600-611).
Political Subdivisions: The statute directs towns and cities to establish local
organizations for civil preparedness and authorizes the creation of joint organizations
subject to the approval of director of the Office of Emergency Management. Localities
may appropriate funds for salaries and expenses of civil preparedness. The statute also
provides for the temporary reassignment of preparedness forces. Municipal chief
executives have authority to mitigate and to secure and preserve any documents or
evidence necessary for future investigation (Conn. Gen. Stat. §28-7-8a).
Also related to political subdivisions, the statute established a Local Emergency
Relief Advisory Committee and identified membership of state elected and appointed
officials. Municipalities may apply to the committee for an emergency relief grant to
reimburse them for documented expenses related to any emergency. The committee
recommends approval or disapproval and the Finance Advisory Committee gives final
approval to such applications (Conn. Gen. Stat. §7-521-522).
Preparedness
The emergency management director is authorized to prepare a comprehensive plan
and program for civil preparedness; study manpower, resources and facilities; and may
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subpoena witnesses or records necessary to civil preparedness. Actions must be taken
consistent with the plan including training; dissemination of information; the partial or
full mobilization of forces; practice of blackouts and radio silences; and the use of
personnel, equipment, and facilities of existing agencies. Orders issued by the director
of emergency management and regulations issued by the adjutant general may result in
the suspension of conflicting provisions with approval of the governor and the Joint
Committee on Legislative Management (Conn. Gen. Stat. §Sec.28-5(b)).
Declaration Procedures
The governor is authorized to declare a state of civil preparedness emergency; the
proclamation of such an even activates state and local operational plans. A joint
legislative committee consisting of legislative leaders may terminate such a declaration
within seventy-two hours of its proclamation. The use of any forces, supplies and
equipment is authorized (Conn. Gen. Stat. §28-9).
Types of Assistance
The governor is authorized to make provision for temporary housing for disaster
victims and advance or lend funds from a contingency fund, or may pass through funds
made available by any agency, and may suspend or modify requirements of law when
essential to provide temporary housing (Conn. Gen. Stat. §28-9a). During a declared
disaster, the governor is authorized to apply to the federal government for aid on behalf
of a local government. The governor may recommend the cancellation of all or any part
of a repayment when a local government is unable to meet operating expenses (Conn.
Gen. Stat. §28-9b). The governor may use state resources to clear debris. Political
subdivisions must give unconditional authorization and indemnify the state against claims
arising from debris and wreckage removal. (Conn. Gen. Stat. §28-9c) The governor is
authorized to accept federal funds for individual or family expenses or serious needs that
cannot be adequately met by other means of assistance. The statute limits the amount of
a grant to be provided and identifies standards of eligibility for benefits (Conn. Gen. Stat.
§28-9d).
The statute established a ?local emergency relief account” within the general fund
to provide for payment of grants to municipalities to provide relief or assist in situations
certified to be unusual and serious conditions endangering public health and welfare. Any
balance remaining at the end of any fiscal year is to be carried forward to next fiscal year
(Conn. Gen. Stat. §7-520-522).
The statute authorizes acceptance of grants from the federal government or others
for services, equipment, supplies, materials, or funds by way of gift, grant or loan, for
purposes of civil preparedness (Conn. Gen. Stat. §28-15).
Mutual Aid
The Emergency Management Assistance Compact is codified (Conn. Gen. Stat. §28-
23a).
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The statute authorizes the governor to enter into interstate compacts for mutual
military aid (Conn. Gen. Stat. §27-37).
The statute outlines the form of an interstate compact for mutual military aid in an
emergency (Conn. Gen. Stat. §27-38).
The director of emergency management, with the approval of the governor, may
represent the state on regional or interstate civil preparedness organizations and may enter
into reciprocal mutual aid arrangements with other states (Conn. Gen. Stat. §28-4).
All civil preparedness units, forces, facilities, supplies and equipment in the state are
deemed available for mutual aid or mobile support. Personnel on official civil
preparedness duty have powers, duties, rights, privileges and immunities and
compensation incident to their employment (Conn. Gen. Stat. §28-6). Local government
chief executives may, with the approval of the emergency management director, make
available public safety employees for duty outside their local jurisdiction (Conn. Gen.
Stat. §28-8).
Funding
Disaster assistance funds received by the Office of Policy and Management from
FEMA may be maintained in a separate fund or account within the general fund and may
be used for any administrative functions. The balance of funds remaining at the end of
each fiscal year shall be carried forward to the next fiscal year (Conn. Gen. Stat. §4-66f).
Hazard Mitigation
No specific provision.
Continuity of Government Operations
The state constitution authorizes the General Assembly, under conditions caused by
enemy attack, to provide for succession to powers of all state and local government public
offices (Conn. Constitution, Article 11, Section 3).
The person administering the office of the governor may convene the General
Assembly at any alternate location in the state in cases of special emergency (Conn.
Constitution, Article 3, Section 2).
The state constitution provides a line of succession to office of governor. The
Council on Gubernatorial Incapacity may make a written declaration that the governor is
unable to exercise the powers and perform the duties of his office (Conn. Constitution,
Article 4, Sections 18-19).
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Other
A state employee who is certified as a disaster service volunteer may be granted
leave up to 14 days in each year to participate in specialized disaster relief services for the
American Red Cross, without loss of pay, vacation time, sick leave or earned overtime
accumulation (Conn. Gen. Stat. §5-249).
A municipal employee who is a certified disaster service volunteer, may be granted
leave up to 14 days in each year to participate in specialized disaster relief services for the
American Red Cross, without loss of pay, vacation time, sick leave or earned overtime
accumulation (Conn. Gen. Stat. §7-461a).
Property tax relief is authorized for nonsalaried local directors of civil preparedness,
and for individuals who volunteer their services as public safety officials in the
municipality (Conn. Gen. Stat. §12-81w).
The governor may take possession of any land or buildings, machinery or equipment,
vehicles, cattle, poultry or any provisions, and any fuel for the use of inhabitants, the state,
or the U.S. military (Conn. Gen. Stat. §28-11).
Compensation is authorized for the death, disability or injury of members of any
auxiliary police, fire or other civil preparedness force while in training for or on civil
preparedness duty (Conn. Gen. Stat. §28-14).
The secretary of the Office of Policy and Management must report to the General
Assembly on planning and activities for children as part of homeland preparedness and
emergency response planning to terrorism. The report must include provisions for the
discrete health needs of children in bio-terrorism preparedness, public education, and
training in safety and security measures for child care workers and school personnel
(Conn. Special Act No. 02-8, 2002).
Gas or electric public service companies may recover the reasonable costs of security
of assets, facilities and equipment, both existing and foreseeable, if incurred solely for the
purpose of responding to security needs associated with the terrorist attacks on September
11, 2001, and the continuing war on terrorism (Conn. Public Act No. 02-94, 2002).
Security manuals and reports, training manuals, logs or other documents that
describe security procedures, emergency plans, security equipment or movement or
assignment of security personnel at state government-owned or leased institutions or
facilities are exempt from disclosure requirements of the state’s Freedom of Information
Act (Conn. Public Act No. 02-133, 2002).
The act ?Concerning Acts of Terrorism” identifies acts of terrorism and prohibits
price gouging of goods that are the subject of any disaster emergency declaration (Conn.
Public Act No. 02-97, 2002).
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Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Connecticut Statutes, with Citations
Terms
Citations
Attack
Conn. Gen. Stat. §28-1(a)
Major disaster
Conn. Gen. Stat. §28-1 (b)
Emergency
Conn. Gen. Stat. §28-1 (c)
Civil preparedness
Conn. Gen. Stat. §28-1 (d)
Civil preparedness forces
Conn. Gen. Stat. §28-1 (e)
Mobile support unit
Conn. Gen. Stat. §28-1 (f)
Civil preparedness emergency or
Conn. Gen. Stat. §28-1 (g)
disaster emergency
Local civil preparedness emergency or
Conn. Gen. Stat. §28-1 (h)
disaster emergency
For Further Research
The citations noted above and other elements of the state code for Connecticut may
be searched at: [http://www.cga.state.ct.us/asp/menu/Statutes.asp].