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OLR Bill Analysis
HB 5492
AN ACT CONCERNING THE PROCESS FOR PUBLIC HEALTH AND
CIVIL PREPAREDNESS EMERGENCY DECLARATIONS.
SUMMARY
This bill increases legislative oversight of public health and civil
preparedness emergencies declared by the governor. For both types of
emergency declarations, it establishes a maximum initial length (180
days for public health and 100 days for civil preparedness) and
generally requires approval by the full legislature before either
emergency may be extended beyond 180 days.
The bill also limits renewals for either type of emergency to 90 days
if they are issued more than 180 days after the initial declaration or
result in the overall emergency period extending beyond 180 days. It
allows the legislative leaders to disapprove of executive orders issued
under (1) a public health emergency that has extended beyond 180 days
and (2) a civil preparedness emergency that has extended beyond 100
days.
Additionally, the bill specifically allows the legislative leaders and
Public Health Emergency Committee to use a virtual platform viewable
to the public when holding any meeting under the bill’s provisions (e.g.,
a meeting to consider disapproval of an emergency declaration).
Lastly, the bill makes technical and conforming changes.
EFFECTIVE DATE: Upon passage
§§ 1 & 2 — PUBLIC HEALTH EMERGENCY
Initial Declaration
Existing law allows the governor to declare a statewide or regional
public health emergency (see BACKGROUND) . The bill generally
retains current law’s provisions on the initial declaration of a public 2022HB-05492-R000503-BA.DOCX
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health emergency, except that it limits this declaration to 180 days unless
renewed. (Current law does not limit the declaration’s length.)
Like current law, the bill (1) makes a public health emergency
declaration effective upon filing with the secretary of the state (SOTS)
and House and Senate clerks and (2) requires the governor to make a
good-faith effort to inform the legislative leaders before declaring an
emergency. It similarly retains a provision in current law allowing the
Public Health Emergency Committee to disapprove of an emergency
declaration by majority vote within 72 hours after it is filed with SOTS,
although the bill requires that at least one of the votes for disapproval
be from a member of the minority party. (As under existing law, the
Public Health Emergency Committee consists of the six legislative
leaders and the Public Health Committee’s chairpersons and ranking
members.)
Renewals (§ 1)
The bill places several limitations on renewals of a public health
emergency declaration. As under current law, the bill allows the
governor to renew a declaration by filing it with SOTS and the House
and Senate clerks, but it requires him to first provide electronic notice to
the legislative leaders at least five days in advance.
Current law allows the Public Health Emergency Committee to
disapprove of a renewal declaration by majority vote within 72 hours
after it is filed with SOTS. The bill instead establishes legislative
oversight provisions that vary based on the length of the overall
emergency period.
For renewals made fewer than 180 days after the initial declaration or
that do not result in an overall emergency period that exceeds 180 days,
the bill similarly allows the Public Health Emergency Committee to
disapprove of it by majority vote within 72 hours after it is filed with
SOTS, except that the bill requires that at least one of the votes for
disapproval be from a member of the minority party.
The bill places additional limitations on renewals made more than 2022HB-05492-R000503-BA.DOCX
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180 days after the original declaration or that result in an overall
emergency period exceeding 180 days. It limits these renewals to 90
days and, with one exception, requires that they be approved by a
majority vote in each chamber within 72 hours after being filed in order
to remain effective.
The exception is if legislative leaders determine by majority vote that
convening a session would present undue risk to members’ health and
safety, exacerbate the emergency, or is physically impossible. In each of
these cases, the bill requires a majority vote by the Public Health
Emergency Committee in order to continue the emergency. (However,
the bill does not similarly establish a deadline by which this vote must
occur.)
Executive Orders (§§ 1 & 2)
The bill limits the effective period of executive orders issued under a
public health emergency declaration to the declaration’s effective period
and requires that they be filed with SOTS and the House and Senate
clerks. It (1) allows orders issued more than 180 days after the initial
declaration to be disapproved by majority vote at a meeting of the
legislative leaders and (2) requires that the disapproval be filed with
SOTS within 36 hours after the governor files the order with SOTS.
Orders Suspending or Modifying Statutes and Regulation s.
Exiting law allows the governor, for both public health and civil
preparedness emergencies, to suspend or modify statutes, regulations,
and requirements that conflict with the emergency response (see
BACKGROUND). The bill allows any executive order of this type issued
more than 100 days after the initial public health emergency declaration
to be disapproved by majority vote at a meeting of the legislative leaders
(thus conflicting with the 180-day threshold described above).
§ 2 — CIVIL PREPAREDNESS EMERGE NCY
Existing law allows the governor to declare a civil preparedness
emergency, under which he may take direct operational control of any
or all parts of the state’s civil preparedness forces and functions and
exercise other specified powers (see BACKGROUND). 2022HB-05492-R000503-BA.DOCX
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The bill establishes several limitations on civil preparedness
emergencies that generally parallel those it establishes for public health
emergencies. However, it places additional limitations on civil
preparedness emergencies, such as reducing the length of the initial
declaration and subjecting additional executive orders to disapproval
by the legislative leaders.
Initial Declaration
Under the bill, a civil preparedness emergency declaration is effective
when the governor files the declaration with SOTS and the House and
Senate clerks. Under current law, he must file it only with SOTS. The bill
additionally requires the governor to make a good-faith effort to inform
the legislative leaders before declaring an emergency.
The bill limits the declaration to 100 days unless renewed. (Current
law does not limit the declaration’s length.) The bill allows the
legislative leaders to disapprove of an emergency declaration by
majority vote within 72 hours after it is filed with SOTS, as long as at
least one of the votes for disapproval is from a member of the minority
party. Under current law, they may exercise this authority only if the
emergency is declared for a disaster resulting from a man-made cause.
Renewals
The bill places several limitations on renewals of a civil preparedness
emergency, which are not specifically addressed in current law.
Generally, these limitations mirror those that the bill establishes for
public health emergencies, except that it grants disapproval authority to
the legislative leaders rather than the Public Health Emergency
Committee.
As it does for a public health emergency, the bill allows the governor
to renew a civil preparedness emergency declaration by filing it with
SOTS and the House and Senate clerks, but it requires him to first
provide electronic notice to the legislative leaders at least five days in
advance.
For renewals made fewer than 180 days after the initial declaration or 2022HB-05492-R000503-BA.DOCX
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that do not result in an overall emergency period that exceeds 180 days,
the bill allows the legislative leaders to disapprove of it by majority vote
within 72 hours after it is filed with SOTS, except that the bill requires
that at least one of the votes for disapproval be from a member of the
minority party.
The bill places additional limitations on renewals made more than
180 days after the original declaration or that result in an overall
emergency period exceeding 180 days. It limits these renewals to 90
days and, with one exception, requires that they be approved by a
majority vote in each chamber within three business days after being
filed in order to remain effective.
The exception is if legislative leaders determine by majority vote that
convening a session would present undue risk to members’ health and
safety, exacerbate the emergency, or is physically impossible. In each of
these cases, the bill requires a majority vote by the leaders in order to
continue the emergency. (However, the bill does not similarly establish
a deadline by which this vote must occur.)
Executive Orders
The bill contains conflicting provisions regarding the legislative
leaders’ authority to disapprove executive orders. It (1) allows orders
issued more than 100 days after the initial declaration of a civil
preparedness emergency to be disapproved by majority vote at a
meeting of the legislative leaders and (2) requires that the disapproval
be filed with SOTS within 36 hours after the governor files the order
with SOTS. (However, under current law and the bill, only orders
suspending or modifying statutes, regulations, or requirements must be
filed with SOTS; the bill additionally requires that they be field with the
House and Senate clerks.)
Separately, the bill allows the leaders to disapprove executive orders
issued under a civil preparedness emergency if (1) at least one member
of the minority party votes for the disapproval and (2) the disapproval
is filed with SOTS within 72 hours after the emergency declaration.
Under current law, they may do so only for orders resulting from a man- 2022HB-05492-R000503-BA.DOCX
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made cause.
The bill limits the effective period of executive orders issued under a
civil preparedness emergency declaration to the declaration’s effective
period. Current law establishes a six-month limit only for orders
suspending or modifying statutes, regulations, or requirements.
BACKGROUND
Public Health Emergency
The law defines a public health emergency as the occurrence or
imminent threat of the following:
1. communicable disease (except sexually transmitted diseases),
2. contamination caused (or believed to be caused) by bioterrorism,
3. epidemic or pandemic disease,
4. natural disaster,
5. chemical attack,
6. accidental release or a nuclear attack, or
7. accident posing a substantial risk of significant human fatalities
or incidents of permanent or long-term disability (CGS § 19a-
131(8)).
Civil Preparedness Emergency
The law allows the governor to declare a civil preparedness
emergency in the event of a serious disaster, enemy attack, sabotage, or
other hostile action; or the imminent occurrence of such events (CGS §
28-9(a)).
Executive Powers Under an Emergency Declaration
For both a civil preparedness and public health emergency, the
governor may modify or suspend, in whole or in part, any statute,
regulation, or requirement that he finds is in conflict with the efficient
and expeditious execution of civil preparedness functions or the 2022HB-05492-R000503-BA.DOCX
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protection of public health. Any such order has the full force and effect
of law (CGS § 28-9(b)(1)).
Under a civil preparedness emergency, the governor, among other
things, (1) must take appropriate measures for protecting health and
safety of inmates of state institutions and children in schools and (2) may
take 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)(5) & (7)).
Under a public health emergency, the public health commissioner
may, among other things, order people into quarantine or issue a
vaccination order (CGS § 19a-131 et seq).
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable
Yea 19 Nay 0 (03/29/2022)