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General Assembly Committee Bill No. 5759
January Session, 2021
LCO No. 5098
Referred to Committee on COMMERCE
Introduced by:
(CE)
AN ACT REQUIRING NOT ICE BEFORE THE IMPLEMENTATION OF
ANY DECLARATION, PROCLAMATION OR ORDE R THAT AFFECTS
BUSINESSES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19a-131a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) In the event of a state-wide or regional public health emergency, 3
the Governor shall make a good faith effort to inform the legislative 4
leaders specified in subsection (b) of this section before declaring that 5
the emergency exists and may do any of the following: (1) Order the 6
commissioner to implement all or a portion of the public health 7
emergency response plan developed pursuant to section 19a-131g; (2) 8
authorize the commissioner to isolate or quarantine persons in 9
accordance with section 19a-131b; (3) order the commissioner to 10
vaccinate persons in accordance with section 19a-131e; (4) apply for and 11
receive federal assistance; or (5) order the commissioner to suspend 12
certain license renewal and inspection functions during the period of the 13
emergency and during the six-month period following the date the 14
emergency is declared to be over. 15
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(b) (1) Any declaration issued pursuant to this section shall become 16
effective upon its filing with the Secretary of the State and with the 17
clerks of the House of Representatives and Senate. The declaration shall 18
state the nature of the public health emergency, the political 19
subdivisions or geographic area subject to the declaration, the 20
conditions that have brought about the public health emergency, the 21
duration of the public health emergency and the public health authority 22
responding to the emergency. Any such declaration issued by the 23
Governor may be disapproved and nullified by majority vote of a 24
committee consisting of the president pro tempore of the Senate, the 25
speaker of the House of Representatives, the majority and minority 26
leaders of both houses of the General Assembly and the cochairpersons 27
and ranking members of the joint standing committee of the General 28
Assembly having cognizance of matters relating to public health. Such 29
disapproval shall not be effective unless filed with the Secretary of the 30
State not later than seventy-two hours after the filing of the Governor's 31
declaration with the Secretary of the State. 32
(2) Any declaration issued pursuant to this section may be renewed 33
by the Governor upon its filing with the Secretary of the State and with 34
the clerks of the House of Representatives and Senate. The renewal 35
declaration shall state the nature of the continuing public health 36
emergency, the political subdivisions or geographic area subject to the 37
renewal, the conditions that have brought about the renewal 38
declaration, the duration of the renewal declaration and the public 39
health authority responding to the public health emergency. Any such 40
renewal declaration issued by the Governor may be disapproved and 41
nullified by majority vote of a committee consisting of the legislative 42
leaders specified in subsection (b) of this section. Such disapproval shall 43
not be effective unless filed with the Secretary of the State not later than 44
seventy-two hours after the filing of the Governor's renewal declaration 45
with the Secretary of the State. 46
(3) The Governor shall declare a public health emergency to be 47
terminated before the duration stated in the declaration, upon a finding, 48
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after informing the legislative leaders specified in subsection (b) of this 49
section, that the circumstances that caused such emergency to be 50
declared no longer pose a substantial risk of a significant number of 51
human fatalities or incidents of permanent or long-term disability. 52
(c) The Governor shall ensure that any declaration or order issued 53
pursuant to the provisions of this section shall be (1) published in full at 54
least once in a newspaper having general circulation in each county, (2) 55
provided to news media, and (3) posted on the state Internet web site. 56
Failure to take the actions specified in subdivisions (1) to (3), inclusive, 57
of this subsection shall not impair the validity of such declaration or 58
order. 59
(d) The Governor shall provide not less than five days' notice before 60
issuing or renewing any declaration or issuing or modifying any order 61
pursuant to sections 19a-131 to 19a-131i, inclusive, that restricts any 62
business's ability to operate or capacity to do business, in whole or in 63
part. Such notice shall be: (1) Published in full at least once in a 64
newspaper having general circulation in each county, (2) provided to 65
news media, and (3) posted on the state Internet web site. Failure to take 66
the actions specified in subdivisions (1) to (3), inclusive, of this 67
subsection shall not impair the validity of such declaration or order. 68
[(d)] (e) Any individual who, during the course of a public health 69
emergency declared under this section, violates the provisions of any 70
order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 71
intentionally obstructs, resists, hinders or endangers any person who is 72
authorized to carry out, and who is engaged in an activity that carries 73
out, any of the provisions of the order shall be fined not more than one 74
thousand dollars or imprisoned not more than one year, or both, for 75
each offense. 76
[(e)] (f) The commissioner may request the Attorney General to apply 77
to the Superior Court for an order enforcing the provisions of any order 78
issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 79
inclusive, and such other equitable relief as the court deems 80
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appropriate. 81
[(f)] (g) The commissioner may delegate to an employee of the 82
Department of Public Health or any local health director, as much of the 83
authority of the commissioner described in this section as the 84
commissioner determines appropriate. Such authorized employee or 85
director shall act as an agent of the commissioner. 86
Sec. 2. Section 28-9 of the general statutes is repealed and the 87
following is substituted in lieu thereof (Effective from passage): 88
(a) In the event of serious disaster, enemy attack, sabotage or other 89
hostile action or in the event of the imminence thereof, the Governor 90
may proclaim that a state of civil preparedness emergency exists, in 91
which event the Governor may personally take direct operational 92
control of any or all parts of the civil preparedness forces and functions 93
in the state. Any such proclamation shall be effective upon filing with 94
the Secretary of the State. Any such proclamation, or order issued 95
pursuant thereto, issued by the Governor because of a disaster resulting 96
from man-made cause may be disapproved by majority vote of a joint 97
legislative committee consisting of the president pro tempore of the 98
Senate, the speaker of the House of Representatives and the majority 99
and minority leaders of both houses of the General Assembly, provided 100
at least one of the minority leaders votes for such disapproval. Such 101
disapproval shall not be effective unless filed with the Secretary of the 102
State not later than seventy-two hours after the filing of the Governor's 103
proclamation with the Secretary of the State. As soon as possible after 104
such proclamation, if the General Assembly is not then in session, the 105
Governor shall meet with the president pro tempore of the Senate, the 106
speaker of the House of Representatives, and the majority and minority 107
leaders of both houses of the General Assembly and shall confer with 108
them on the advisability of calling a special session of the General 109
Assembly. 110
(b) Upon such proclamation, the following provisions of this section 111
and the provisions of section 28-11 shall immediately become effective 112
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and shall continue in effect until the Governor proclaims the end of the 113
civil preparedness emergency: 114
(1) Following the Governor's proclamation of a civil preparedness 115
emergency pursuant to subsection (a) of this section or declaration of a 116
public health emergency pursuant to section 19a-131a, as amended by 117
this act, the Governor may modify or suspend in whole or in part, by 118
order as hereinafter provided, any statute, regulation or requirement or 119
part thereof whenever the Governor finds such statute, regulation or 120
requirement, or part thereof, is in conflict with the efficient and 121
expeditious execution of civil preparedness functions or the protection 122
of the public health. The Governor shall specify in such order the reason 123
or reasons therefor and any statute, regulation or requirement or part 124
thereof to be modified or suspended and the period, not exceeding six 125
months unless sooner revoked, during which such order shall be 126
enforced. Any such order shall have the full force and effect of law upon 127
the filing of the full text of such order in the office of the Secretary of the 128
State. The Secretary of the State shall, not later than four days after 129
receipt of the order, cause such order to be printed and published in full 130
in at least one issue of a newspaper published in each county and having 131
general circulation therein, but failure to publish shall not impair the 132
validity of such order. Any statute, regulation or requirement, or part 133
thereof, inconsistent with such order shall be inoperative for the 134
effective period of such order. Any such order shall be communicated 135
by the Governor at the earliest date to both houses of the General 136
Assembly. 137
(2) The Governor may order into action all or any part of the 138
department or local or joint organizations for civil preparedness mobile 139
support units or any other civil preparedness forces. 140
(3) The Governor shall order and enforce such blackouts and radio 141
silences as are authorized by the United States Army or its duly 142
designated agency and may take any other precautionary measures 143
reasonably necessary in the light of the emergency. 144
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(4) The Governor may designate such vehicles and persons as shall 145
be permitted to move and the routes which they shall follow. 146
(5) The Governor shall take appropriate measures for protecting the 147
health and safety of inmates of state institutions and children in schools. 148
(6) The Governor may order the evacuation of all or part of the 149
population of stricken or threatened areas and may take such steps as 150
are necessary for the receipt and care of such evacuees. 151
(7) The Governor may take such other steps as are reasonably 152
necessary in the light of the emergency to protect the health, safety and 153
welfare of the people of the state, to prevent or minimize loss or 154
destruction of property and to minimize the effects of hostile action. 155
(8) In order to insure the automatic and effective operation of civil 156
preparedness in the event of enemy attack, sabotage or other hostile 157
action, or in the event of the imminence thereof, the Governor may, at 158
the Governor's discretion, at any time prior to actual development of 159
such conditions, issue such proclamations and executive orders as the 160
Governor deems necessary, such proclamations and orders to become 161
effective only under such conditions. 162
(c) The Governor shall provide not less than five days' notice before 163
any proclamation of a civil preparedness emergency pursuant to 164
subsection (a) of this section or issuing or modifying any order pursuant 165
to this section or sections 28-9a and 28-11, that restricts any business' 166
ability to operate or capacity to do business, in whole or in part. Such 167
notice shall be: (1) Published in full at least once in a newspaper having 168
general circulation in each county, (2) provided to news media, and (3) 169
posted on the state Internet web site. Failure to take the actions specified 170
in subdivisions (1) to (3), inclusive, of this subsection shall not impair 171
the validity of such declaration or order. 172
This act shall take effect as follows and shall amend the following
sections:
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Section 1 from passage 19a-131a
Sec. 2 from passage 28-9
Statement of Purpose:
To provide businesses with five days' notice before issuing any
declaration, proclamation or order that restricts a business's ability to
operate or capacity to do business.
[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. VEACH, 30th Dist.; REP. FISHBEIN, 90th Dist.
REP. ZAWISTOWSKI, 61st Dist.; REP. KLARIDES-DITRIA,
105th Dist.
REP. BUCKBEE, 67th Dist.; REP. ANDERSON, 62nd Dist.
H.B. 5759