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Connecticut House Bill HB05759

Connecticut 2021 Regular Session

Connecticut House Bill HB05759 Compare Versions

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7-General Assembly Substitute Bill No. 5759
8-January Session, 2021
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5+LCO No. 5098 1 of 7
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7+General Assembly Committee Bill No. 5759
8+January Session, 2021
9+LCO No. 5098
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12+Referred to Committee on COMMERCE
13+
14+
15+Introduced by:
16+(CE)
1117
1218
1319
1420 AN ACT REQUIRING NOT ICE BEFORE THE IMPLEMENTATION OF
1521 ANY DECLARATION, PROCLAMATION OR ORDE R THAT AFFECTS
1622 BUSINESSES.
1723 Be it enacted by the Senate and House of Representatives in General
1824 Assembly convened:
1925
2026 Section 1. Section 19a-131a of the general statutes is repealed and the 1
2127 following is substituted in lieu thereof (Effective from passage): 2
2228 (a) In the event of a state-wide or regional public health emergency, 3
2329 the Governor shall make a good faith effort to inform the legislative 4
2430 leaders specified in subsection (b) of this section before declaring that 5
2531 the emergency exists and may do any of the following: (1) Order the 6
2632 commissioner to implement all or a portion of the public health 7
2733 emergency response plan developed pursuant to section 19a-131g; (2) 8
2834 authorize the commissioner to isolate or quarantine persons in 9
2935 accordance with section 19a-131b; (3) order the commissioner to 10
3036 vaccinate persons in accordance with section 19a-131e; (4) apply for and 11
3137 receive federal assistance; or (5) order the commissioner to suspend 12
3238 certain license renewal and inspection functions during the period of the 13
3339 emergency and during the six-month period following the date the 14
3440 emergency is declared to be over. 15
35-(b) (1) Any declaration issued pursuant to this section shall become 16
36-effective upon its filing with the Secretary of the State and with the 17 Substitute Bill No. 5759
41+Committee Bill No. 5759
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46+(b) (1) Any declaration issued pursuant to this section shall become 16
47+effective upon its filing with the Secretary of the State and with the 17
4348 clerks of the House of Representatives and Senate. The declaration shall 18
4449 state the nature of the public health emergency, the political 19
4550 subdivisions or geographic area subject to the declaration, the 20
4651 conditions that have brought about the public health emergency, the 21
4752 duration of the public health emergency and the public health authority 22
4853 responding to the emergency. Any such declaration issued by the 23
4954 Governor may be disapproved and nullified by majority vote of a 24
5055 committee consisting of the president pro tempore of the Senate, the 25
5156 speaker of the House of Representatives, the majority and minority 26
5257 leaders of both houses of the General Assembly and the cochairpersons 27
5358 and ranking members of the joint standing committee of the General 28
5459 Assembly having cognizance of matters relating to public health. Such 29
5560 disapproval shall not be effective unless filed with the Secretary of the 30
5661 State not later than seventy-two hours after the filing of the Governor's 31
5762 declaration with the Secretary of the State. 32
5863 (2) Any declaration issued pursuant to this section may be renewed 33
5964 by the Governor upon its filing with the Secretary of the State and with 34
6065 the clerks of the House of Representatives and Senate. The renewal 35
6166 declaration shall state the nature of the continuing public health 36
6267 emergency, the political subdivisions or geographic area subject to the 37
6368 renewal, the conditions that have brought about the renewal 38
6469 declaration, the duration of the renewal declaration and the public 39
6570 health authority responding to the public health emergency. Any such 40
6671 renewal declaration issued by the Governor may be disapproved and 41
6772 nullified by majority vote of a committee consisting of the legislative 42
6873 leaders specified in subsection (b) of this section. Such disapproval shall 43
6974 not be effective unless filed with the Secretary of the State not later than 44
7075 seventy-two hours after the filing of the Governor's renewal declaration 45
7176 with the Secretary of the State. 46
7277 (3) The Governor shall declare a public health emergency to be 47
7378 terminated before the duration stated in the declaration, upon a finding, 48
74-after informing the legislative leaders specified in subsection (b) of this 49
75-section, that the circumstances that caused such emergency to be 50 Substitute Bill No. 5759
79+Committee Bill No. 5759
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84+after informing the legislative leaders specified in subsection (b) of this 49
85+section, that the circumstances that caused such emergency to be 50
8286 declared no longer pose a substantial risk of a significant number of 51
8387 human fatalities or incidents of permanent or long-term disability. 52
8488 (c) The Governor shall ensure that any declaration or order issued 53
8589 pursuant to the provisions of this section shall be (1) published in full at 54
8690 least once in a newspaper having general circulation in each county, (2) 55
8791 provided to news media, and (3) posted on the state Internet web site. 56
8892 Failure to take the actions specified in subdivisions (1) to (3), inclusive, 57
8993 of this subsection shall not impair the validity of such declaration or 58
9094 order. 59
91-(d) The Governor shall, to the extent possible, provide not less than 60
92-five days' notice before issuing or renewing any declaration or before 61
93-any order is issued or modified pursuant to sections 19a-131 to 19a-131i, 62
94-inclusive, that restricts any business's ability to operate or capacity to do 63
95-business, in whole or in part. Such notice shall be: (1) Published in full 64
96-at least once in a newspaper having general circulation in each county, 65
97-(2) provided to news media, and (3) posted on the state Internet web 66
98-site. Failure to take the actions specified in subdivisions (1) to (3), 67
99-inclusive, of this subsection shall not impair the validity of such 68
100-declaration or order. 69
101-[(d)] (e) Any individual who, during the course of a public health 70
102-emergency declared under this section, violates the provisions of any 71
103-order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 72
104-intentionally obstructs, resists, hinders or endangers any person who is 73
105-authorized to carry out, and who is engaged in an activity that carries 74
106-out, any of the provisions of the order shall be fined not more than one 75
107-thousand dollars or imprisoned not more than one year, or both, for 76
108-each offense. 77
109-[(e)] (f) The commissioner may request the Attorney General to apply 78
110-to the Superior Court for an order enforcing the provisions of any order 79
111-issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 80
112-inclusive, and such other equitable relief as the court deems 81
113-appropriate. 82 Substitute Bill No. 5759
95+(d) The Governor shall provide not less than five days' notice before 60
96+issuing or renewing any declaration or issuing or modifying any order 61
97+pursuant to sections 19a-131 to 19a-131i, inclusive, that restricts any 62
98+business's ability to operate or capacity to do business, in whole or in 63
99+part. Such notice shall be: (1) Published in full at least once in a 64
100+newspaper having general circulation in each county, (2) provided to 65
101+news media, and (3) posted on the state Internet web site. Failure to take 66
102+the actions specified in subdivisions (1) to (3), inclusive, of this 67
103+subsection shall not impair the validity of such declaration or order. 68
104+[(d)] (e) Any individual who, during the course of a public health 69
105+emergency declared under this section, violates the provisions of any 70
106+order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 71
107+intentionally obstructs, resists, hinders or endangers any person who is 72
108+authorized to carry out, and who is engaged in an activity that carries 73
109+out, any of the provisions of the order shall be fined not more than one 74
110+thousand dollars or imprisoned not more than one year, or both, for 75
111+each offense. 76
112+[(e)] (f) The commissioner may request the Attorney General to apply 77
113+to the Superior Court for an order enforcing the provisions of any order 78
114+issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 79
115+inclusive, and such other equitable relief as the court deems 80
116+Committee Bill No. 5759
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120-[(f)] (g) The commissioner may delegate to an employee of the 83
121-Department of Public Health or any local health director, as much of the 84
122-authority of the commissioner described in this section as the 85
123-commissioner determines appropriate. Such authorized employee or 86
124-director shall act as an agent of the commissioner. 87
125-Sec. 2. Section 28-9 of the general statutes is repealed and the 88
126-following is substituted in lieu thereof (Effective from passage): 89
127-(a) In the event of serious disaster, enemy attack, sabotage or other 90
128-hostile action or in the event of the imminence thereof, the Governor 91
129-may proclaim that a state of civil preparedness emergency exists, in 92
130-which event the Governor may personally take direct operational 93
131-control of any or all parts of the civil preparedness forces and functions 94
132-in the state. Any such proclamation shall be effective upon filing with 95
133-the Secretary of the State. Any such proclamation, or order issued 96
134-pursuant thereto, issued by the Governor because of a disaster resulting 97
135-from man-made cause may be disapproved by majority vote of a joint 98
136-legislative committee consisting of the president pro tempore of the 99
137-Senate, the speaker of the House of Representatives and the majority 100
138-and minority leaders of both houses of the General Assembly, provided 101
139-at least one of the minority leaders votes for such disapproval. Such 102
140-disapproval shall not be effective unless filed with the Secretary of the 103
141-State not later than seventy-two hours after the filing of the Governor's 104
142-proclamation with the Secretary of the State. As soon as possible after 105
143-such proclamation, if the General Assembly is not then in session, the 106
144-Governor shall meet with the president pro tempore of the Senate, the 107
145-speaker of the House of Representatives, and the majority and minority 108
146-leaders of both houses of the General Assembly and shall confer with 109
147-them on the advisability of calling a special session of the General 110
148-Assembly. 111
149-(b) Upon such proclamation, the following provisions of this section 112
150-and the provisions of section 28-11 shall immediately become effective 113
151-and shall continue in effect until the Governor proclaims the end of the 114
152-civil preparedness emergency: 115 Substitute Bill No. 5759
121+appropriate. 81
122+[(f)] (g) The commissioner may delegate to an employee of the 82
123+Department of Public Health or any local health director, as much of the 83
124+authority of the commissioner described in this section as the 84
125+commissioner determines appropriate. Such authorized employee or 85
126+director shall act as an agent of the commissioner. 86
127+Sec. 2. Section 28-9 of the general statutes is repealed and the 87
128+following is substituted in lieu thereof (Effective from passage): 88
129+(a) In the event of serious disaster, enemy attack, sabotage or other 89
130+hostile action or in the event of the imminence thereof, the Governor 90
131+may proclaim that a state of civil preparedness emergency exists, in 91
132+which event the Governor may personally take direct operational 92
133+control of any or all parts of the civil preparedness forces and functions 93
134+in the state. Any such proclamation shall be effective upon filing with 94
135+the Secretary of the State. Any such proclamation, or order issued 95
136+pursuant thereto, issued by the Governor because of a disaster resulting 96
137+from man-made cause may be disapproved by majority vote of a joint 97
138+legislative committee consisting of the president pro tempore of the 98
139+Senate, the speaker of the House of Representatives and the majority 99
140+and minority leaders of both houses of the General Assembly, provided 100
141+at least one of the minority leaders votes for such disapproval. Such 101
142+disapproval shall not be effective unless filed with the Secretary of the 102
143+State not later than seventy-two hours after the filing of the Governor's 103
144+proclamation with the Secretary of the State. As soon as possible after 104
145+such proclamation, if the General Assembly is not then in session, the 105
146+Governor shall meet with the president pro tempore of the Senate, the 106
147+speaker of the House of Representatives, and the majority and minority 107
148+leaders of both houses of the General Assembly and shall confer with 108
149+them on the advisability of calling a special session of the General 109
150+Assembly. 110
151+(b) Upon such proclamation, the following provisions of this section 111
152+and the provisions of section 28-11 shall immediately become effective 112
153+Committee Bill No. 5759
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159-(1) Following the Governor's proclamation of a civil preparedness 116
160-emergency pursuant to subsection (a) of this section or declaration of a 117
161-public health emergency pursuant to section 19a-131a, as amended by 118
162-this act, the Governor may modify or suspend in whole or in part, by 119
163-order as hereinafter provided, any statute, regulation or requirement or 120
164-part thereof whenever the Governor finds such statute, regulation or 121
165-requirement, or part thereof, is in conflict with the efficient and 122
166-expeditious execution of civil preparedness functions or the protection 123
167-of the public health. The Governor shall specify in such order the reason 124
168-or reasons therefor and any statute, regulation or requirement or part 125
169-thereof to be modified or suspended and the period, not exceeding six 126
170-months unless sooner revoked, during which such order shall be 127
171-enforced. Any such order shall have the full force and effect of law upon 128
172-the filing of the full text of such order in the office of the Secretary of the 129
173-State. The Secretary of the State shall, not later than four days after 130
174-receipt of the order, cause such order to be printed and published in full 131
175-in at least one issue of a newspaper published in each county and having 132
176-general circulation therein, but failure to publish shall not impair the 133
177-validity of such order. Any statute, regulation or requirement, or part 134
178-thereof, inconsistent with such order shall be inoperative for the 135
179-effective period of such order. Any such order shall be communicated 136
180-by the Governor at the earliest date to both houses of the General 137
181-Assembly. 138
182-(2) The Governor may order into action all or any part of the 139
183-department or local or joint organizations for civil preparedness mobile 140
184-support units or any other civil preparedness forces. 141
185-(3) The Governor shall order and enforce such blackouts and radio 142
186-silences as are authorized by the United States Army or its duly 143
187-designated agency and may take any other precautionary measures 144
188-reasonably necessary in the light of the emergency. 145
189-(4) The Governor may designate such vehicles and persons as shall 146
190-be permitted to move and the routes which they shall follow. 147 Substitute Bill No. 5759
158+and shall continue in effect until the Governor proclaims the end of the 113
159+civil preparedness emergency: 114
160+(1) Following the Governor's proclamation of a civil preparedness 115
161+emergency pursuant to subsection (a) of this section or declaration of a 116
162+public health emergency pursuant to section 19a-131a, as amended by 117
163+this act, the Governor may modify or suspend in whole or in part, by 118
164+order as hereinafter provided, any statute, regulation or requirement or 119
165+part thereof whenever the Governor finds such statute, regulation or 120
166+requirement, or part thereof, is in conflict with the efficient and 121
167+expeditious execution of civil preparedness functions or the protection 122
168+of the public health. The Governor shall specify in such order the reason 123
169+or reasons therefor and any statute, regulation or requirement or part 124
170+thereof to be modified or suspended and the period, not exceeding six 125
171+months unless sooner revoked, during which such order shall be 126
172+enforced. Any such order shall have the full force and effect of law upon 127
173+the filing of the full text of such order in the office of the Secretary of the 128
174+State. The Secretary of the State shall, not later than four days after 129
175+receipt of the order, cause such order to be printed and published in full 130
176+in at least one issue of a newspaper published in each county and having 131
177+general circulation therein, but failure to publish shall not impair the 132
178+validity of such order. Any statute, regulation or requirement, or part 133
179+thereof, inconsistent with such order shall be inoperative for the 134
180+effective period of such order. Any such order shall be communicated 135
181+by the Governor at the earliest date to both houses of the General 136
182+Assembly. 137
183+(2) The Governor may order into action all or any part of the 138
184+department or local or joint organizations for civil preparedness mobile 139
185+support units or any other civil preparedness forces. 140
186+(3) The Governor shall order and enforce such blackouts and radio 141
187+silences as are authorized by the United States Army or its duly 142
188+designated agency and may take any other precautionary measures 143
189+reasonably necessary in the light of the emergency. 144
190+Committee Bill No. 5759
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197-(5) The Governor shall take appropriate measures for protecting the 148
198-health and safety of inmates of state institutions and children in schools. 149
199-(6) The Governor may order the evacuation of all or part of the 150
200-population of stricken or threatened areas and may take such steps as 151
201-are necessary for the receipt and care of such evacuees. 152
202-(7) The Governor may take such other steps as are reasonably 153
203-necessary in the light of the emergency to protect the health, safety and 154
204-welfare of the people of the state, to prevent or minimize loss or 155
205-destruction of property and to minimize the effects of hostile action. 156
206-(8) In order to insure the automatic and effective operation of civil 157
207-preparedness in the event of enemy attack, sabotage or other hostile 158
208-action, or in the event of the imminence thereof, the Governor may, at 159
209-the Governor's discretion, at any time prior to actual development of 160
210-such conditions, issue such proclamations and executive orders as the 161
211-Governor deems necessary, such proclamations and orders to become 162
212-effective only under such conditions. 163
213-(c) The Governor shall, to the extent possible, provide not less than 164
214-five days' notice before any proclamation of a civil preparedness 165
215-emergency pursuant to subsection (a) of this section or issuing or 166
216-modifying any order pursuant to this section or sections 28-9a and 28-167
217-11, that restricts any business' ability to operate or capacity to do 168
218-business, in whole or in part. Such notice shall be: (1) Published in full 169
219-at least once in a newspaper having general circulation in each county, 170
220-(2) provided to news media, and (3) posted on the state Internet web 171
221-site. Failure to take the actions specified in subdivisions (1) to (3), 172
222-inclusive, of this subsection shall not impair the validity of such 173
223-declaration or order. 174
195+(4) The Governor may designate such vehicles and persons as shall 145
196+be permitted to move and the routes which they shall follow. 146
197+(5) The Governor shall take appropriate measures for protecting the 147
198+health and safety of inmates of state institutions and children in schools. 148
199+(6) The Governor may order the evacuation of all or part of the 149
200+population of stricken or threatened areas and may take such steps as 150
201+are necessary for the receipt and care of such evacuees. 151
202+(7) The Governor may take such other steps as are reasonably 152
203+necessary in the light of the emergency to protect the health, safety and 153
204+welfare of the people of the state, to prevent or minimize loss or 154
205+destruction of property and to minimize the effects of hostile action. 155
206+(8) In order to insure the automatic and effective operation of civil 156
207+preparedness in the event of enemy attack, sabotage or other hostile 157
208+action, or in the event of the imminence thereof, the Governor may, at 158
209+the Governor's discretion, at any time prior to actual development of 159
210+such conditions, issue such proclamations and executive orders as the 160
211+Governor deems necessary, such proclamations and orders to become 161
212+effective only under such conditions. 162
213+(c) The Governor shall provide not less than five days' notice before 163
214+any proclamation of a civil preparedness emergency pursuant to 164
215+subsection (a) of this section or issuing or modifying any order pursuant 165
216+to this section or sections 28-9a and 28-11, that restricts any business' 166
217+ability to operate or capacity to do business, in whole or in part. Such 167
218+notice shall be: (1) Published in full at least once in a newspaper having 168
219+general circulation in each county, (2) provided to news media, and (3) 169
220+posted on the state Internet web site. Failure to take the actions specified 170
221+in subdivisions (1) to (3), inclusive, of this subsection shall not impair 171
222+the validity of such declaration or order. 172
224223 This act shall take effect as follows and shall amend the following
225224 sections:
226225
227-Section 1 from passage 19a-131a
228-Sec. 2 from passage 28-9 Substitute Bill No. 5759
226+Committee Bill No. 5759
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231+Section 1 from passage 19a-131a
232+Sec. 2 from passage 28-9
235233
236-CE Joint Favorable Subst.
234+Statement of Purpose:
235+To provide businesses with five days' notice before issuing any
236+declaration, proclamation or order that restricts a business's ability to
237+operate or capacity to do business.
238+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
239+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
240+underlined.]
237241
242+Co-Sponsors: REP. CANDELORA, 86th Dist.; REP. DEVLIN, 134th Dist.
243+REP. O'DEA, 125th Dist.; REP. PERILLO, 113th Dist.
244+REP. REBIMBAS, 70th Dist.; REP. ZUPKUS, 89th Dist.
245+REP. VEACH, 30th Dist.; REP. FISHBEIN, 90th Dist.
246+REP. ZAWISTOWSKI, 61st Dist.; REP. KLARIDES-DITRIA,
247+105th Dist.
248+REP. BUCKBEE, 67th Dist.; REP. ANDERSON, 62nd Dist.
249+
250+H.B. 5759