| 16 | | - | Section 1. (Effective July 1, 2021) Notwithstanding the provisions of |
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| 17 | | - | sections 19a-131a and 28-9 of the general statutes, the Governor is |
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| 18 | | - | hereby authorized to renew: (1) The public health and civil |
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| 19 | | - | preparedness emergencies declared in response to the COVID-19 |
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| 20 | | - | pandemic, and (2) any orders issued pursuant to the declarations and |
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| 21 | | - | the renewal of such declarations that remain in effect as of July 20, 2021, |
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| 22 | | - | provided any exercise of authority under this section is done in |
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| 23 | | - | accordance with section 2 of this act. On and after July 1, 2021, the |
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| 24 | | - | Governor may file the renewal of such declarations with the Secretary |
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| 25 | | - | of the State in accordance with section 2 of this act and any such renewal |
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| 26 | | - | may cover the period of time from July 21, 2021, through March 1, 2022. |
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| 27 | | - | Not less than five days prior to filing the renewal of any emergency |
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| 28 | | - | declaration with the Secretary of the State under section 2 of this act, the |
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| 29 | | - | Governor shall provide electronic notice of such renewal to the |
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| 30 | | - | president pro tempore of the Senate, the speaker of the House of |
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| 31 | | - | Representatives, the majority leader of the Senate, the minority leader |
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| 32 | | - | of the Senate, the majority leader of the House of Representatives, and Substitute House Bill No. 5653 |
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| 19 | + | Section 1. Subsection (a) of section 28-9 of the general statutes is 1 |
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| 20 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 2 |
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| 21 | + | 2021): 3 |
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| 22 | + | (a) In the event of serious disaster, enemy attack, sabotage or other 4 |
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| 23 | + | hostile action or in the event of the imminence [thereof] of a serious 5 |
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| 24 | + | disaster, enemy attack, sabotage or other hostile action, the Governor 6 |
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| 25 | + | may proclaim that a state of civil preparedness emergency exists, in 7 |
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| 26 | + | which event the Governor may personally take direct operational 8 |
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| 27 | + | control of any or all parts of the civil preparedness forces and functions 9 |
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| 28 | + | in the state. Any such proclamation shall be effective upon its filing with 10 |
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| 29 | + | the Secretary of the State. Any such proclamation, or order issued 11 |
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| 30 | + | pursuant [thereto] to such proclamation, issued by the Governor 12 |
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| 31 | + | because of a disaster resulting from man-made cause may be 13 |
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| 32 | + | disapproved by majority vote of a joint legislative committee consisting 14 |
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| 33 | + | of the president pro tempore of the Senate, the speaker of the House of 15 |
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| 34 | + | Representatives and the majority and minority leaders of both houses of 16 |
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| 35 | + | the General Assembly, provided at least one of the minority leaders 17 |
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| 36 | + | votes for such disapproval. Such disapproval shall not be effective 18 Substitute Bill No. 5653 |
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| 36 | | - | the minority leader of the House of Representatives. The provisions of |
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| 37 | | - | this section shall not limit the Governor, or any department head, state |
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| 38 | | - | agency or municipality from exercising any authority granted under |
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| 39 | | - | said sections of the general statutes from July 21, 2021, through March |
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| 40 | | - | 1, 2022, provided any exercise of such authority in response to the |
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| 41 | | - | COVID-19 pandemic is done in accordance with section 2 of this act. |
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| 42 | | - | After March 1, 2022, nothing in this section or section 2 of this act shall |
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| 43 | | - | affect or limit any authority conveyed pursuant to section 19a-131a or |
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| 44 | | - | 28-9 of the general statutes. As used in this section and section 2 of this |
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| 45 | | - | act, "COVID-19" means the respiratory disease designated by the World |
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| 46 | | - | Health Organization on February 11, 2020, as coronavirus 2019, and any |
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| 47 | | - | related mutation thereof recognized by said organization as a |
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| 48 | | - | communicable respiratory disease. |
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| 49 | | - | Sec. 2. (Effective July 1, 2021) (a) The Governor may renew the public |
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| 50 | | - | health and civil preparedness emergencies originally declared on March |
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| 51 | | - | 10, 2020, in response to the COVID-19 pandemic, provided: (1) Any such |
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| 52 | | - | renewed declaration shall have a duration of not more than an |
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| 53 | | - | additional sixty days from the date of the renewed declaration if such |
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| 54 | | - | renewal is made during a regular session of the General Assembly or |
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| 55 | | - | not more than an additional one hundred eighty days from the date of |
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| 56 | | - | the renewed declaration if such renewal is made when the General |
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| 57 | | - | Assembly is not in regular session, and (2) any such renewal issued by |
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| 58 | | - | the Governor shall cease to be effective unless approved by a majority |
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| 59 | | - | vote of each house of the General Assembly by resolution not later than |
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| 60 | | - | three business days after the date of filing such renewal with the |
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| 61 | | - | Secretary of the State. |
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| 62 | | - | (b) Notwithstanding the provisions of sections 19a-131a and 28-9 of |
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| 63 | | - | the general statutes, from July 21, 2021, through March 1, 2022, the |
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| 64 | | - | Governor, or any department head, state agency or municipality may |
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| 65 | | - | exercise any authority granted under sections 19a-131a and 28-9 of the |
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| 66 | | - | general statutes in response to the COVID-19 pandemic, provided an Substitute House Bill No. 5653 |
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| 68 | | - | Special Act No. 21-5 3 of 4 |
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| 43 | + | unless filed with the Secretary of the State not later than seventy-two 19 |
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| 44 | + | hours after the filing of the Governor's proclamation with the Secretary 20 |
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| 45 | + | of the State. As soon as possible after such proclamation, if the General 21 |
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| 46 | + | Assembly is not then in session, the Governor shall meet with the 22 |
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| 47 | + | president pro tempore of the Senate, the speaker of the House of 23 |
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| 48 | + | Representatives, and the majority and minority leaders of both houses 24 |
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| 49 | + | of the General Assembly and shall confer with them on the advisability 25 |
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| 50 | + | of calling a special session of the General Assembly. 26 |
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| 51 | + | Sec. 2. Subdivision (1) of subsection (b) of section 28-9 of the general 27 |
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| 52 | + | statutes is repealed and the following is substituted in lieu thereof 28 |
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| 53 | + | (Effective July 1, 2021): 29 |
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| 54 | + | (1) Following the Governor's proclamation of a civil preparedness 30 |
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| 55 | + | emergency pursuant to subsection (a) of this section or declaration of a 31 |
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| 56 | + | public health emergency pursuant to section 19a-131a, the Governor 32 |
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| 57 | + | may modify or suspend in whole or in part, by order as [hereinafter] 33 |
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| 58 | + | provided in this section, any statute, regulation or requirement or part 34 |
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| 59 | + | thereof whenever the Governor finds such statute, regulation or 35 |
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| 60 | + | requirement, or part thereof, is in conflict with the efficient and 36 |
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| 61 | + | expeditious execution of civil preparedness functions or the protection 37 |
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| 62 | + | of the public health. The Governor shall specify in such order the reason 38 |
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| 63 | + | or reasons therefor and any statute, regulation or requirement or part 39 |
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| 64 | + | thereof to be modified or suspended and the period, not exceeding six 40 |
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| 65 | + | months unless sooner revoked, during which such order shall be 41 |
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| 66 | + | enforced. Any such order shall have the full force and effect of law upon 42 |
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| 67 | + | the filing of the full text of such order in the office of the Secretary of the 43 |
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| 68 | + | State. The Secretary of the State shall, not later than four days after 44 |
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| 69 | + | receipt of the order, cause such order to be printed and published in full 45 |
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| 70 | + | in at least one issue of a newspaper published in each county and having 46 |
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| 71 | + | general circulation therein, but failure to publish shall not impair the 47 |
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| 72 | + | validity of such order. Any statute, regulation or requirement, or part 48 |
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| 73 | + | thereof, inconsistent with such order shall be inoperative for the 49 |
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| 74 | + | effective period of such order. Any such order shall be communicated 50 |
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| 75 | + | by the Governor at the earliest date to both houses of the General 51 Substitute Bill No. 5653 |
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| 70 | | - | executive order issued under such authority shall not exceed the |
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| 71 | | - | duration of the emergency declaration under which it has been issued |
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| 72 | | - | and may be disapproved by a majority vote at a meeting of a joint |
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| 73 | | - | legislative committee consisting of the president pro tempore of the |
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| 74 | | - | Senate, the speaker of the House of Representatives, the majority leader |
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| 75 | | - | of the Senate, the minority leader of the Senate, the majority leader of |
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| 76 | | - | the House of Representatives and the minority leader of the House of |
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| 77 | | - | Representatives. Such joint legislative committee meeting may be |
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| 78 | | - | conducted on a virtual platform that can be viewed by the public. Any |
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| 79 | | - | disapproval of an executive order by the joint legislative committee shall |
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| 80 | | - | not be effective unless filed with the Secretary of the State not later than |
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| 81 | | - | thirty-six hours after the Governor's filing of the order with the |
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| 82 | | - | Secretary of the State. |
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| 83 | | - | Sec. 3. (Effective from passage) (a) There is established a bipartisan |
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| 84 | | - | commission to study sections 19a-131a and 28-9 of the general statutes |
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| 85 | | - | and make recommendations on how said sections should be amended |
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| 86 | | - | to provide greater legislative oversight of declarations of public health |
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| 87 | | - | and civil preparedness emergencies and the exercise of executive |
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| 88 | | - | authority pursuant to said sections. |
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| 89 | | - | (b) The commission shall consist of the following members: |
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| 90 | | - | (1) One appointed by the speaker of the House of Representatives; |
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| 91 | | - | (2) One appointed by the president pro tempore of the Senate; |
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| 92 | | - | (3) One appointed by the minority leader of the House of |
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| 93 | | - | Representatives; |
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| 94 | | - | (4) One appointed by the minority leader of the Senate; and |
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| 95 | | - | (5) One appointed by the Governor. |
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| 96 | | - | (c) Any member of the commission appointed under subdivision (1), Substitute House Bill No. 5653 |
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| 100 | | - | (2), (3), or (4) of subsection (b) of this section may be a member of the |
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| 101 | | - | General Assembly. |
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| 102 | | - | (d) All initial appointments to the commission shall be made not later |
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| 103 | | - | than thirty days after the effective date of this section. Any vacancy shall |
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| 104 | | - | be filled by the appointing authority. |
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| 105 | | - | (e) The speaker of the House of Representatives and the president pro |
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| 106 | | - | tempore of the Senate shall select the chairpersons of the commission |
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| 107 | | - | from among the members of the task force. Such chairpersons shall |
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| 108 | | - | schedule the first meeting of the commission, which shall be held not |
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| 109 | | - | later than sixty days after the effective date of this section. |
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| 110 | | - | (f) The administrative staff of the joint standing committee of the |
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| 111 | | - | General Assembly having cognizance of matters relating to government |
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| 112 | | - | administration and elections shall serve as administrative staff of the |
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| 113 | | - | commission. |
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| 114 | | - | (g) Not later than January 1, 2022, the commission shall submit a |
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| 115 | | - | report on its findings and recommendations to the joint standing |
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| 116 | | - | committee of the General Assembly having cognizance of matters |
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| 117 | | - | relating to government administration and elections, in accordance with |
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| 118 | | - | the provisions of section 11-4a of the general statutes. The commission |
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| 119 | | - | shall terminate on the date that it submits such report or January 1, 2022, |
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| 120 | | - | whichever is later. |
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| 121 | | - | Approved May 17, 2021 |
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| 82 | + | Assembly. 52 |
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| 83 | + | Sec. 3. Section 19a-131a of the general statutes is repealed and the 53 |
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| 84 | + | following is substituted in lieu thereof (Effective July 1, 2021): 54 |
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| 85 | + | (a) In the event of a state-wide or regional public health emergency, 55 |
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| 86 | + | the Governor shall make a good faith effort to inform the legislative 56 |
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| 87 | + | leaders specified in subsection (b) of this section before declaring that 57 |
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| 88 | + | the emergency exists and may do any of the following: (1) Order the 58 |
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| 89 | + | commissioner to implement all or a portion of the public health 59 |
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| 90 | + | emergency response plan developed pursuant to section 19a-131g; (2) 60 |
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| 91 | + | authorize the commissioner to isolate or quarantine persons in 61 |
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| 92 | + | accordance with section 19a-131b; (3) order the commissioner to 62 |
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| 93 | + | vaccinate persons in accordance with section 19a-131e; (4) apply for and 63 |
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| 94 | + | receive federal assistance; or (5) order the commissioner to suspend 64 |
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| 95 | + | certain license renewal and inspection functions during the period of the 65 |
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| 96 | + | emergency and during the six-month period following the date the 66 |
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| 97 | + | emergency is declared to be over. 67 |
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| 98 | + | (b) (1) Any declaration issued pursuant to this section shall become 68 |
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| 99 | + | effective upon its filing with the Secretary of the State and with the 69 |
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| 100 | + | clerks of the House of Representatives and Senate. The declaration shall 70 |
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| 101 | + | state the nature of the public health emergency, the political 71 |
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| 102 | + | subdivisions or geographic area subject to the declaration, the 72 |
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| 103 | + | conditions that have brought about the public health emergency, the 73 |
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| 104 | + | duration of the public health emergency and the public health authority 74 |
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| 105 | + | responding to the emergency. Any such declaration issued by the 75 |
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| 106 | + | Governor may be disapproved and nullified by majority vote of a 76 |
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| 107 | + | committee consisting of the president pro tempore of the Senate, the 77 |
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| 108 | + | speaker of the House of Representatives, the majority and minority 78 |
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| 109 | + | leaders of both houses of the General Assembly and the cochairpersons 79 |
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| 110 | + | and ranking members of the joint standing committee of the General 80 |
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| 111 | + | Assembly having cognizance of matters relating to public health. Such 81 |
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| 112 | + | disapproval shall not be effective unless filed with the Secretary of the 82 |
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| 113 | + | State not later than seventy-two hours after the filing of the Governor's 83 |
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| 114 | + | declaration with the Secretary of the State. 84 Substitute Bill No. 5653 |
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| 115 | + | |
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| 120 | + | |
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| 121 | + | (2) Any declaration issued pursuant to this section may be renewed 85 |
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| 122 | + | by the Governor upon [its] the filing of the renewal declaration with the 86 |
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| 123 | + | Secretary of the State and with the clerks of the House of 87 |
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| 124 | + | Representatives and Senate. The renewal declaration shall state the 88 |
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| 125 | + | nature of the continuing public health emergency, the political 89 |
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| 126 | + | subdivisions or geographic area subject to the renewal, the conditions 90 |
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| 127 | + | that have brought about the renewal declaration, the duration of the 91 |
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| 128 | + | renewal declaration and the public health authority responding to the 92 |
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| 129 | + | public health emergency. Any such renewal declaration issued by the 93 |
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| 130 | + | Governor may be disapproved and nullified by majority vote of a 94 |
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| 131 | + | committee consisting of the legislative leaders specified in subsection (b) 95 |
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| 132 | + | of this section. Such disapproval shall not be effective unless filed with 96 |
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| 133 | + | the Secretary of the State not later than seventy-two hours after the filing 97 |
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| 134 | + | of the Governor's renewal declaration with the Secretary of the State. 98 |
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| 135 | + | (3) The Governor shall declare a public health emergency to be 99 |
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| 136 | + | terminated before the duration stated in the declaration, upon a finding, 100 |
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| 137 | + | after informing the legislative leaders specified in subsection (b) of this 101 |
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| 138 | + | section, that the circumstances that caused such emergency to be 102 |
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| 139 | + | declared no longer pose a substantial risk of a significant number of 103 |
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| 140 | + | human fatalities or incidents of permanent or long-term disability. 104 |
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| 141 | + | (c) The Governor shall ensure that any declaration or order issued 105 |
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| 142 | + | pursuant to the provisions of this section [shall be] is (1) published in 106 |
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| 143 | + | full at least once in a newspaper having general circulation in each 107 |
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| 144 | + | county, (2) provided to news media, and (3) posted on the state Internet 108 |
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| 145 | + | web site. Failure to take the actions specified in subdivisions (1) to (3), 109 |
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| 146 | + | inclusive, of this subsection shall not impair the validity of such 110 |
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| 147 | + | declaration or order. 111 |
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| 148 | + | (d) Any individual who, during the course of a public health 112 |
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| 149 | + | emergency declared under this section, violates the provisions of any 113 |
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| 150 | + | order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 114 |
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| 151 | + | intentionally obstructs, resists, hinders or endangers any person who is 115 |
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| 152 | + | authorized to carry out, and who is engaged in an activity that carries 116 |
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| 153 | + | out, any of the provisions of the order, shall be fined not more than one 117 Substitute Bill No. 5653 |
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| 159 | + | |
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| 160 | + | thousand dollars or imprisoned not more than one year, or both, for 118 |
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| 161 | + | each offense. 119 |
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| 162 | + | (e) The commissioner may request the Attorney General to apply to 120 |
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| 163 | + | the Superior Court for an order enforcing the provisions of any order 121 |
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| 164 | + | issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 122 |
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| 165 | + | inclusive, and such other equitable relief as the court deems 123 |
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| 166 | + | appropriate. 124 |
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| 167 | + | (f) The commissioner may delegate to an employee of the Department 125 |
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| 168 | + | of Public Health or any local health director, as much of the authority of 126 |
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| 169 | + | the commissioner described in this section as the commissioner 127 |
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| 170 | + | determines appropriate. Such authorized employee or director shall act 128 |
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| 171 | + | as an agent of the commissioner.129 |
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| 172 | + | This act shall take effect as follows and shall amend the following |
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| 173 | + | sections: |
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| 174 | + | |
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| 175 | + | Section 1 July 1, 2021 28-9(a) |
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| 176 | + | Sec. 2 July 1, 2021 28-9(b)(1) |
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| 177 | + | Sec. 3 July 1, 2021 19a-131a |
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| 178 | + | |
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| 179 | + | GAE Joint Favorable Subst. |
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| 180 | + | |
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