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General Assembly Committee Bill No. 5653
January Session, 2021
LCO No. 5533
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
AN ACT AMENDING THE CIVIL PREPAREDNESS A ND PUBLIC
HEALTH EMERGENCY STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 28-1 of the general statutes is amended by adding 1
subdivision (13) as follows (Effective July 1, 2021): 2
(NEW) (13) "Serious disaster" does not include any pandemic disease. 3
Sec. 2. Subsection (a) of section 28-9 of the general statutes is repealed 4
and the following is substituted in lieu thereof (Effective July 1, 2021): 5
(a) In the event of serious disaster, enemy attack, sabotage or other 6
hostile action or in the event of the imminence thereof, the Governor 7
may proclaim that a state of civil preparedness emergency exists, in 8
which event the Governor may personally take direct operational 9
control of any or all parts of the civil preparedness forces and functions 10
in the state for not more than thirty days, which may be extended for 11
one or more additional thirty-day periods by a majority vote of a joint 12
legislative committee consisting of the president pro tempore of the 13
Senate, the speaker of the House of Representatives and the majority 14
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and minority leaders of both houses of the General Assembly. Any such 15
proclamation, extension or order shall be effective upon filing with the 16
Secretary of the State, provided no extension shall be effective until the 17
approval of the joint legislative committee has been obtained. Any such 18
proclamation, or order issued pursuant thereto, issued by the Governor 19
because of a disaster resulting from man-made cause may be 20
disapproved by majority vote of [a] such joint legislative committee, 21
[consisting of the president pro tempore of the Senate, the speaker of the 22
House of Representatives and the majority and minority leaders of both 23
houses of the General Assembly,] provided at least one of the minority 24
leaders votes for such disapproval. Such disapproval shall not be 25
effective unless filed with the Secretary of the State not later than 26
seventy-two hours after the filing of the Governor's proclamation or 27
order with the Secretary of the State. As soon as possible after such 28
proclamation, if the General Assembly is not then in session, the 29
Governor shall meet with the president pro tempore of the Senate, the 30
speaker of the House of Representatives, and the majority and minority 31
leaders of both houses of the General Assembly and shall confer with 32
them on the advisability of calling a special session of the General 33
Assembly. 34
Sec. 3. Subdivision (1) of subsection (b) of section 28-9 of the general 35
statutes is repealed and the following is substituted in lieu thereof 36
(Effective July 1, 2021): 37
(1) Following the Governor's proclamation of a civil preparedness 38
emergency pursuant to subsection (a) of this section, [or declaration of 39
a public health emergency pursuant to section 19a-131a,] the Governor 40
may modify or suspend in whole or in part, by order as [hereinafter] 41
provided in this section, any statute, regulation or requirement or part 42
thereof whenever the Governor finds such statute, regulation or 43
requirement, or part thereof, is in conflict with the efficient and 44
expeditious execution of civil preparedness functions. [or the protection 45
of the public health.] The Governor shall specify in such order the reason 46
or reasons therefor and any statute, regulation or requirement or part 47
thereof to be modified or suspended and the period, not exceeding six 48
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months unless sooner revoked, during which such order shall be 49
enforced. Any such order shall have the full force and effect of law upon 50
the filing of the full text of such order in the office of the Secretary of the 51
State. The Secretary of the State shall, not later than four days after 52
receipt of the order, cause such order to be printed and published in full 53
in at least one issue of a newspaper published in each county and having 54
general circulation therein, but failure to publish shall not impair the 55
validity of such order. Any statute, regulation or requirement, or part 56
thereof, inconsistent with such order shall be inoperative for the 57
effective period of such order. Any such order shall be communicated 58
by the Governor at the earliest date to both houses of the General 59
Assembly. 60
Sec. 4. Section 19a-131a of the general statutes is repealed and the 61
following is substituted in lieu thereof (Effective July 1, 2021): 62
(a) In the event of a state-wide or regional public health emergency, 63
the Governor shall make a good faith effort to inform the legislative 64
leaders specified in subsection (b) of this section before declaring that 65
the emergency exists and may do any of the following: (1) Order the 66
commissioner to implement all or a portion of the public health 67
emergency response plan developed pursuant to section 19a-131g; (2) 68
authorize the commissioner to isolate or quarantine persons in 69
accordance with section 19a-131b; (3) order the commissioner to 70
vaccinate persons in accordance with section 19a-131e; (4) apply for and 71
receive federal assistance; [or] (5) order the commissioner to suspend 72
certain license renewal and inspection functions during the period of the 73
emergency and during the six-month period following the date the 74
emergency is declared to be over; or (6) modify or suspend in whole or 75
in part, by executive order, any statute, regulation or requirement or 76
part thereof whenever the Governor finds such statute, regulation or 77
requirement, or part thereof, is in conflict with the efficient and 78
expeditious execution of the protection of the public health. The 79
Governor shall specify in such order the reason or reasons therefor and 80
any statute, regulation or requirement or part thereof to be modified or 81
suspended and the period, not exceeding six months unless sooner 82
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revoked, during which such order shall be enforced. Any such order 83
shall have the full force and effect of law upon the filing of the full text 84
of such order in the office of the Secretary of the State. The Secretary of 85
the State shall, not later than four days after receipt of the order, cause 86
such order to be printed and published in full in at least one issue of a 87
newspaper published in each county and having general circulation in 88
each county, but failure to publish shall not impair the validity of such 89
order. Any statute, regulation or requirement, or part thereof, 90
inconsistent with such order shall be inoperative for the effective period 91
of such order. Any such order shall be communicated by the Governor 92
at the earliest date to both houses of the General Assembly. 93
(b) (1) Any declaration issued pursuant to this section shall become 94
effective upon its filing with the Secretary of the State and with the 95
clerks of the House of Representatives and Senate. The declaration shall 96
state the nature of the public health emergency, the political 97
subdivisions or geographic area subject to the declaration, the 98
conditions that have brought about the public health emergency, the 99
duration of the public health emergency and the public health authority 100
responding to the emergency. Any such declaration issued by the 101
Governor may be disapproved and nullified by majority vote of a 102
committee consisting of the president pro tempore of the Senate, the 103
speaker of the House of Representatives, the majority and minority 104
leaders of both houses of the General Assembly and the cochairpersons 105
and ranking members of the joint standing committee of the General 106
Assembly having cognizance of matters relating to public health. Such 107
disapproval shall not be effective unless filed with the Secretary of the 108
State not later than seventy-two hours after the filing of the Governor's 109
declaration with the Secretary of the State. 110
(2) Any declaration issued pursuant to this section may be renewed 111
by the Governor upon its filing with the Secretary of the State and with 112
the clerks of the House of Representatives and Senate. The renewal 113
declaration shall state the nature of the continuing public health 114
emergency, the political subdivisions or geographic area subject to the 115
renewal, the conditions that have brought about the renewal 116
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declaration, the duration of the renewal declaration and the public 117
health authority responding to the public health emergency. Any such 118
renewal declaration issued by the Governor may be disapproved and 119
nullified by majority vote of a committee consisting of the legislative 120
leaders specified in subsection (b) of this section. Such disapproval shall 121
not be effective unless filed with the Secretary of the State not later than 122
seventy-two hours after the filing of the Governor's renewal declaration 123
with the Secretary of the State. 124
(3) The Governor shall declare a public health emergency to be 125
terminated before the duration stated in the declaration, upon a finding, 126
after informing the legislative leaders specified in subsection (b) of this 127
section, that the circumstances that caused such emergency to be 128
declared no longer pose a substantial risk of a significant number of 129
human fatalities or incidents of permanent or long-term disability. 130
(c) The Governor shall ensure that any declaration or order issued 131
pursuant to the provisions of this section shall be (1) published in full at 132
least once in a newspaper having general circulation in each county, (2) 133
provided to news media, and (3) posted on the state Internet web site. 134
Failure to take the actions specified in subdivisions (1) to (3), inclusive, 135
of this subsection shall not impair the validity of such declaration or 136
order. 137
(d) Any individual who, during the course of a public health 138
emergency declared under this section, violates the provisions of any 139
order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 140
intentionally obstructs, resists, hinders or endangers any person who is 141
authorized to carry out, and who is engaged in an activity that carries 142
out, any of the provisions of the order shall be fined not more than one 143
thousand dollars or imprisoned not more than one year, or both, for 144
each offense. 145
(e) The commissioner may request the Attorney General to apply to 146
the Superior Court for an order enforcing the provisions of any order 147
issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 148
inclusive, and such other equitable relief as the court deems 149
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appropriate. 150
(f) The commissioner may delegate to an employee of the Department 151
of Public Health or any local health director, as much of the authority of 152
the commissioner described in this section as the commissioner 153
determines appropriate. Such authorized employee or director shall act 154
as an agent of the commissioner. 155
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 28-1
Sec. 2 July 1, 2021 28-9(a)
Sec. 3 July 1, 2021 28-9(b)(1)
Sec. 4 July 1, 2021 19a-131a
Statement of Purpose:
To update our civil preparedness and public health emergency statutes
and executive order emergency powers to reflect emerging threats, and
to retain a legislative role in defining the duration of such powers.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: REP. CANDELORA, 86th Dist.; REP. DEVLIN, 134th Dist.
REP. O'DEA, 125th Dist.; REP. PERILLO, 113th Dist.
REP. REBIMBAS, 70th Dist.; REP. ZUPKUS, 89th Dist.
REP. FISHBEIN, 90th Dist.; REP. ZAWISTOWSKI, 61st Dist.
REP. BOLINSKY, 106th Dist.; REP. LABRIOLA, 131st Dist.
REP. MASTROFRANCESCO, 80th Dist.; REP. DUBITSKY, 47th
Dist.
H.B. 5653