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OLR Bill Analysis
sHB 5759
AN ACT REQUIRING NOTICE BEFORE THE IMPLEMENTATION OF
ANY DECLARATION, PROCLAMATION OR ORDER THAT
AFFECTS BUSINESSES.
SUMMARY
This bill requires the governor, to the extent possible, to provide at
least five days’ notice before proclaiming a public health or civil
preparedness emergency or issuing an order pursuant to such
emergencies that restricts any business’s ability to operate or capacity
to do business, in whole or in part. It also appears to require the
governor to give this notice, when possible, before the public health
commissioner issues or modifies an order under a public health
emergency that restricts any business’s ability to operate or capacity to
do business, in whole or in part. (Presumably, the commissioner
would notify the governor of the intention to issue such an order.)
Under the bill, the notice must be (1) published in full at least once
in a newspaper having general circulation in each county; (2) provided
to news media; and (3) posted on the state website. However, the
failure to take these actions does not impair the declaration’s or order’s
validity.
By law, the governor may declare a public health emergency in the
event of a statewide or regional public health emergency. He may
declare a civil preparedness emergency in the event or imminent
occurrence of a serious disaster, enemy attack, sabotage, or other
hostile action.
Under both emergencies, the governor may, among other things, (1)
issue orders modifying or suspending statutes, regulations, or
requirements he finds to be in conflict with executing civil
preparedness functions or protecting public health and (2) take certain
property when there is a shortage or disaster making the action 2021HB-05759-R000297-BA.DOCX
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necessary to protect the public (CGS §§ 28-9(b)(1) and 28-11). Under a
civil preparedness emergency, he may, among other things,
additionally take such other steps as are reasonably necessary in light
of the emergency to protect the state population’s health, safety, and
welfare (CGS § 28-9(b)(7)).
EFFECTIVE DATE: Upon passage
COMMITTEE ACTION
Commerce Committee
Joint Favorable Substitute
Yea 23 Nay 0 (03/22/2021)