LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05653-R02-
HB.docx
1 of 5
General Assembly Substitute Bill No. 5653
January Session, 2021
AN ACT AMENDING THE CIVIL PREPAREDNESS A ND PUBLIC
HEALTH EMERGENCY STA TUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 28-9 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(a) In the event of serious disaster, enemy attack, sabotage or other 4
hostile action or in the event of the imminence [thereof] of a serious 5
disaster, enemy attack, sabotage or other hostile action, the Governor 6
may proclaim that a state of civil preparedness emergency exists, in 7
which event the Governor may personally take direct operational 8
control of any or all parts of the civil preparedness forces and functions 9
in the state. Any such proclamation shall be effective upon its filing with 10
the Secretary of the State. Any such proclamation, or order issued 11
pursuant [thereto] to such proclamation, issued by the Governor 12
because of a disaster resulting from man-made cause may be 13
disapproved by majority vote of a joint legislative committee consisting 14
of the president pro tempore of the Senate, the speaker of the House of 15
Representatives and the majority and minority leaders of both houses of 16
the General Assembly, provided at least one of the minority leaders 17
votes for such disapproval. Such disapproval shall not be effective 18 Substitute Bill No. 5653
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05653-
R02-HB.docx }
2 of 5
unless filed with the Secretary of the State not later than seventy-two 19
hours after the filing of the Governor's proclamation with the Secretary 20
of the State. As soon as possible after such proclamation, if the General 21
Assembly is not then in session, the Governor shall meet with the 22
president pro tempore of the Senate, the speaker of the House of 23
Representatives, and the majority and minority leaders of both houses 24
of the General Assembly and shall confer with them on the advisability 25
of calling a special session of the General Assembly. 26
Sec. 2. Subdivision (1) of subsection (b) of section 28-9 of the general 27
statutes is repealed and the following is substituted in lieu thereof 28
(Effective July 1, 2021): 29
(1) Following the Governor's proclamation of a civil preparedness 30
emergency pursuant to subsection (a) of this section or declaration of a 31
public health emergency pursuant to section 19a-131a, the Governor 32
may modify or suspend in whole or in part, by order as [hereinafter] 33
provided in this section, any statute, regulation or requirement or part 34
thereof whenever the Governor finds such statute, regulation or 35
requirement, or part thereof, is in conflict with the efficient and 36
expeditious execution of civil preparedness functions or the protection 37
of the public health. The Governor shall specify in such order the reason 38
or reasons therefor and any statute, regulation or requirement or part 39
thereof to be modified or suspended and the period, not exceeding six 40
months unless sooner revoked, during which such order shall be 41
enforced. Any such order shall have the full force and effect of law upon 42
the filing of the full text of such order in the office of the Secretary of the 43
State. The Secretary of the State shall, not later than four days after 44
receipt of the order, cause such order to be printed and published in full 45
in at least one issue of a newspaper published in each county and having 46
general circulation therein, but failure to publish shall not impair the 47
validity of such order. Any statute, regulation or requirement, or part 48
thereof, inconsistent with such order shall be inoperative for the 49
effective period of such order. Any such order shall be communicated 50
by the Governor at the earliest date to both houses of the General 51 Substitute Bill No. 5653
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05653-
R02-HB.docx }
3 of 5
Assembly. 52
Sec. 3. Section 19a-131a of the general statutes is repealed and the 53
following is substituted in lieu thereof (Effective July 1, 2021): 54
(a) In the event of a state-wide or regional public health emergency, 55
the Governor shall make a good faith effort to inform the legislative 56
leaders specified in subsection (b) of this section before declaring that 57
the emergency exists and may do any of the following: (1) Order the 58
commissioner to implement all or a portion of the public health 59
emergency response plan developed pursuant to section 19a-131g; (2) 60
authorize the commissioner to isolate or quarantine persons in 61
accordance with section 19a-131b; (3) order the commissioner to 62
vaccinate persons in accordance with section 19a-131e; (4) apply for and 63
receive federal assistance; or (5) order the commissioner to suspend 64
certain license renewal and inspection functions during the period of the 65
emergency and during the six-month period following the date the 66
emergency is declared to be over. 67
(b) (1) Any declaration issued pursuant to this section shall become 68
effective upon its filing with the Secretary of the State and with the 69
clerks of the House of Representatives and Senate. The declaration shall 70
state the nature of the public health emergency, the political 71
subdivisions or geographic area subject to the declaration, the 72
conditions that have brought about the public health emergency, the 73
duration of the public health emergency and the public health authority 74
responding to the emergency. Any such declaration issued by the 75
Governor may be disapproved and nullified by majority vote of a 76
committee consisting of the president pro tempore of the Senate, the 77
speaker of the House of Representatives, the majority and minority 78
leaders of both houses of the General Assembly and the cochairpersons 79
and ranking members of the joint standing committee of the General 80
Assembly having cognizance of matters relating to public health. Such 81
disapproval shall not be effective unless filed with the Secretary of the 82
State not later than seventy-two hours after the filing of the Governor's 83
declaration with the Secretary of the State. 84 Substitute Bill No. 5653
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05653-
R02-HB.docx }
4 of 5
(2) Any declaration issued pursuant to this section may be renewed 85
by the Governor upon [its] the filing of the renewal declaration with the 86
Secretary of the State and with the clerks of the House of 87
Representatives and Senate. The renewal declaration shall state the 88
nature of the continuing public health emergency, the political 89
subdivisions or geographic area subject to the renewal, the conditions 90
that have brought about the renewal declaration, the duration of the 91
renewal declaration and the public health authority responding to the 92
public health emergency. Any such renewal declaration issued by the 93
Governor may be disapproved and nullified by majority vote of a 94
committee consisting of the legislative leaders specified in subsection (b) 95
of this section. Such disapproval shall not be effective unless filed with 96
the Secretary of the State not later than seventy-two hours after the filing 97
of the Governor's renewal declaration with the Secretary of the State. 98
(3) The Governor shall declare a public health emergency to be 99
terminated before the duration stated in the declaration, upon a finding, 100
after informing the legislative leaders specified in subsection (b) of this 101
section, that the circumstances that caused such emergency to be 102
declared no longer pose a substantial risk of a significant number of 103
human fatalities or incidents of permanent or long-term disability. 104
(c) The Governor shall ensure that any declaration or order issued 105
pursuant to the provisions of this section [shall be] is (1) published in 106
full at least once in a newspaper having general circulation in each 107
county, (2) provided to news media, and (3) posted on the state Internet 108
web site. Failure to take the actions specified in subdivisions (1) to (3), 109
inclusive, of this subsection shall not impair the validity of such 110
declaration or order. 111
(d) Any individual who, during the course of a public health 112
emergency declared under this section, violates the provisions of any 113
order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 114
intentionally obstructs, resists, hinders or endangers any person who is 115
authorized to carry out, and who is engaged in an activity that carries 116
out, any of the provisions of the order, shall be fined not more than one 117 Substitute Bill No. 5653
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-05653-
R02-HB.docx }
5 of 5
thousand dollars or imprisoned not more than one year, or both, for 118
each offense. 119
(e) The commissioner may request the Attorney General to apply to 120
the Superior Court for an order enforcing the provisions of any order 121
issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 122
inclusive, and such other equitable relief as the court deems 123
appropriate. 124
(f) The commissioner may delegate to an employee of the Department 125
of Public Health or any local health director, as much of the authority of 126
the commissioner described in this section as the commissioner 127
determines appropriate. Such authorized employee or director shall act 128
as an agent of the commissioner.129
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 28-9(a)
Sec. 2 July 1, 2021 28-9(b)(1)
Sec. 3 July 1, 2021 19a-131a
GAE Joint Favorable Subst.