2005 Connecticut Code - 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. 28-5. 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 witnesses or the production of 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. Said court or such 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.
(c) 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.
(d) 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 department, office, institution or agency and shall implement and carry out such activities whenever necessary for the welfare and safety of the state.
(e) 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.)
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.
