Connecticut 2022 Regular Session

Connecticut House Bill HB05492 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5492
	4	+	LCO No. 2931 1 of 10
	5	+
	6	+	General Assembly Raised Bill No. 5492
8	7		February Session, 2022
	8	+	LCO No. 2931
	9	+
	10	+
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
	17	+
9	18
10	19
11	20
12	21		AN ACT CONCERNING THE PROCESS FOR PUBLIC HEALTH AND
13	22		CIVIL PREPAREDNESS EMERGENCY DECLARATIONS.
14	23		Be it enacted by the Senate and House of Representatives in General
15	24		Assembly convened:
16	25
17	26		Section 1. Section 19a-131a of the general statutes is repealed and the 1
18	27		following is substituted in lieu thereof (Effective from passage): 2
19	28		(a) (1) In the event of a state-wide or regional public health 3
20		-	emergency, the Governor may declare that a public health emergency 4
21		-	exists and shall make a good faith effort to inform the [legislative leaders 5
22		-	specified in subsection (b) of this section] president pro tempore of the 6
23		-	Senate, the speaker of the House of Representatives and the majority 7
24		-	and minority leaders of both houses of the General Assembly before 8
25		-	[declaring that the emergency exists and] making such declaration. Any 9
26		-	declaration issued pursuant to this section shall become effective upon 10
27		-	its filing with both the Secretary of the State and with the clerks of the 11
28		-	House of Representatives and Senate and shall not exceed one hundred 12
29		-	eighty days in duration. The declaration shall state the nature of the 13
30		-	public health emergency, the political subdivisions or geographic area 14
31		-	subject to the declaration, the conditions that have brought about the 15
32		-	public health emergency, the duration of the public health emergency 16
33		-	and the public health authority responding to the emergency. Any such 17
34		-	declaration issued by the Governor may be disapproved and nullified 18
35		-	by majority vote at a meeting of a committee consisting of the president 19 Substitute Bill No. 5492
	29	+	emergency, the Governor shall make a good faith effort to inform the 4
	30	+	[legislative leaders specified in subsection (b) of this section] president 5
	31	+	pro tempore of the Senate, the speaker of the House of Representatives 6
	32	+	and the majority and minority leaders of both houses of the General 7
	33	+	Assembly before declaring that the public health emergency exists. 8
	34	+	[and] Any declaration issued pursuant to this section shall become 9
	35	+	effective upon its filing with both the Secretary of the State and with the 10
	36	+	clerks of the House of Representatives and Senate and shall not exceed 11
	37	+	one hundred eighty days in duration. The declaration shall state the 12
	38	+	nature of the public health emergency, the political subdivisions or 13
	39	+	geographic area subject to the declaration, the conditions that have 14 Raised Bill No. 5492
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42		-	pro tempore of the Senate, the speaker of the House of Representatives, 20
43		-	the majority and minority leaders of both houses of the General 21
44		-	Assembly and the cochairpersons and ranking members of the joint 22
45		-	standing committee of the General Assembly having cognizance of 23
46		-	matters relating to public health, provided at least one of the members 24
47		-	of the minority party votes for such disapproval. Such disapproval shall 25
48		-	not be effective unless filed with the Secretary of the State not later than 26
49		-	seventy-two hours after the filing of the Governor's declaration with the 27
50		-	Secretary of the State. Any meetings of such committee held pursuant 28
51		-	to this section may be conducted on a virtual platform that can be 29
52		-	viewed by the public. 30
53		-	(2) Upon the declaration of a public health emergency, the Governor 31
54		-	may do any of the following: [(1)] (A) Order the commissioner to 32
55		-	implement all or a portion of the public health emergency response plan 33
56		-	developed pursuant to section 19a-131g; [(2)] (B) authorize the 34
57		-	commissioner to isolate or quarantine persons in accordance with 35
58		-	section 19a-131b; [(3)] (C) order the commissioner to vaccinate persons 36
59		-	in accordance with section 19a-131e; [(4)] (D) apply for and receive 37
60		-	federal assistance; or [(5)] (E) order the commissioner to suspend certain 38
61		-	license renewal and inspection functions during the period of the 39
62		-	emergency and during the six-month period following the date the 40
63		-	emergency is declared to be over. 41
64		-	[(b) (1) Any declaration issued pursuant to this section shall become 42
65		-	effective upon its filing with the Secretary of the State and with the 43
66		-	clerks of the House of Representatives and Senate. The declaration shall 44
67		-	state the nature of the public health emergency, the political 45
68		-	subdivisions or geographic area subject to the declaration, the 46
69		-	conditions that have brought about the public health emergency, the 47
70		-	duration of the public health emergency and the public health authority 48
71		-	responding to the emergency. Any such declaration issued by the 49
72		-	Governor may be disapproved and nullified by majority vote of a 50
73		-	committee consisting of the president pro tempore of the Senate, the 51
74		-	speaker of the House of Representatives, the majority and minority 52 Substitute Bill No. 5492
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	44	+
	45	+	brought about the public health emergency, the duration of the public 15
	46	+	health emergency and the public health authority responding to the 16
	47	+	emergency. Any such declaration issued by the Governor may be 17
	48	+	disapproved and nullified by majority vote at a meeting of a committee 18
	49	+	consisting of the president pro tempore of the Senate, the speaker of the 19
	50	+	House of Representatives, the majority and minority leaders of both 20
	51	+	houses of the General Assembly and the cochairpersons and ranking 21
	52	+	members of the joint standing committee of the General Assembly 22
	53	+	having cognizance of matters relating to public health, provided at least 23
	54	+	one of the members of the minority party votes for such disapproval. 24
	55	+	Such disapproval shall not be effective unless filed with the Secretary of 25
	56	+	the State not later than seventy-two hours after the filing of the 26
	57	+	Governor's declaration with the Secretary of the State. Any meetings of 27
	58	+	such committee held pursuant to this section may be conducted on a 28
	59	+	virtual platform that can be viewed by the public. 29
	60	+	(2) Upon the declaration of a public health emergency, the Governor 30
	61	+	may do any of the following: [(1)] (A) Order the commissioner to 31
	62	+	implement all or a portion of the public health emergency response plan 32
	63	+	developed pursuant to section 19a-131g; [(2)] (B) authorize the 33
	64	+	commissioner to isolate or quarantine persons in accordance with 34
	65	+	section 19a-131b; [(3)] (C) order the commissioner to vaccinate persons 35
	66	+	in accordance with section 19a-131e; [(4)] (D) apply for and receive 36
	67	+	federal assistance; or [(5)] (E) order the commissioner to suspend certain 37
	68	+	license renewal and inspection functions during the period of the 38
	69	+	emergency and during the six-month period following the date the 39
	70	+	emergency is declared to be over. 40
	71	+	[(b) (1) Any declaration issued pursuant to this section shall become 41
	72	+	effective upon its filing with the Secretary of the State and with the 42
	73	+	clerks of the House of Representatives and Senate. The declaration shall 43
	74	+	state the nature of the public health emergency, the political 44
	75	+	subdivisions or geographic area subject to the declaration, the 45
	76	+	conditions that have brought about the public health emergency, the 46
	77	+	duration of the public health emergency and the public health authority 47
	78	+	responding to the emergency. Any such declaration issued by the 48 Raised Bill No. 5492
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81		-	leaders of both houses of the General Assembly and the cochairpersons 53
82		-	and ranking members of the joint standing committee of the General 54
83		-	Assembly having cognizance of matters relating to public health. Such 55
84		-	disapproval shall not be effective unless filed with the Secretary of the 56
85		-	State not later than seventy-two hours after the filing of the Governor's 57
86		-	declaration with the Secretary of the State.] 58
87		-	[(2)] (b) (1) Any declaration issued pursuant to this section may be 59
88		-	renewed by the Governor upon its filing with the Secretary of the State 60
89		-	and with the clerks of the House of Representatives and Senate. Not less 61
90		-	than five days prior to filing the renewal of any such declaration with 62
91		-	the Secretary of the State, the Governor shall provide electronic notice 63
92		-	of such renewal to the president pro tempore of the Senate, the speaker 64
93		-	of the House of Representatives, the majority leader of the Senate, the 65
94		-	minority leader of the Senate, the majority leader of the House of 66
95		-	Representatives and the minority leader of the House of 67
96		-	Representatives. The renewal declaration shall state the nature of the 68
97		-	continuing public health emergency, the political subdivisions or 69
98		-	geographic area subject to the renewal, the conditions that have brought 70
99		-	about the renewal declaration, the duration of the renewal declaration 71
100		-	and the public health authority responding to the public health 72
101		-	emergency. Any such renewal declaration issued by the Governor less 73
102		-	than one hundred eighty days after the initial declaration or that does 74
103		-	not result in a public health emergency being declared for more than 75
104		-	one hundred eighty days may be disapproved and nullified by majority 76
105		-	vote at a meeting of [a committee consisting of the legislative leaders 77
106		-	specified in subsection (b) of this section] the committee described in 78
107		-	subdivision (1) of subsection (a) of this section, provided at least one of 79
108		-	the members of the minority party votes for such disapproval. Such 80
109		-	disapproval shall not be effective unless filed with the Secretary of the 81
110		-	State not later than seventy-two hours after the filing of the Governor's 82
111		-	renewal declaration with the Secretary of the State. Any such renewal 83
112		-	declaration issued one hundred eighty days or more after the initial 84
113		-	declaration or that would result in a public health emergency being 85
114		-	declared for more than one hundred eighty days (A) shall have a 86 Substitute Bill No. 5492
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	83	+
	84	+	Governor may be disapproved and nullified by majority vote of a 49
	85	+	committee consisting of the president pro tempore of the Senate, the 50
	86	+	speaker of the House of Representatives, the majority and minority 51
	87	+	leaders of both houses of the General Assembly and the cochairpersons 52
	88	+	and ranking members of the joint standing committee of the General 53
	89	+	Assembly having cognizance of matters relating to public health. Such 54
	90	+	disapproval shall not be effective unless filed with the Secretary of the 55
	91	+	State not later than seventy-two hours after the filing of the Governor's 56
	92	+	declaration with the Secretary of the State.] 57
	93	+	[(2)] (b) (1) Any declaration issued pursuant to this section may be 58
	94	+	renewed by the Governor upon its filing with the Secretary of the State 59
	95	+	and with the clerks of the House of Representatives and Senate. Not less 60
	96	+	than five days prior to filing the renewal of any such declaration with 61
	97	+	the Secretary of the State, the Governor shall provide electronic notice 62
	98	+	of such renewal to the president pro tempore of the Senate, the speaker 63
	99	+	of the House of Representatives, the majority leader of the Senate, the 64
	100	+	minority leader of the Senate, the majority leader of the House of 65
	101	+	Representatives and the minority leader of the House of 66
	102	+	Representatives. The renewal declaration shall state the nature of the 67
	103	+	continuing public health emergency, the political subdivisions or 68
	104	+	geographic area subject to the renewal, the conditions that have brought 69
	105	+	about the renewal declaration, the duration of the renewal declaration 70
	106	+	and the public health authority responding to the public health 71
	107	+	emergency. Any such renewal declaration issued by the Governor less 72
	108	+	than one hundred eighty days after the initial declaration or that does 73
	109	+	not result in a public health emergency being declared for more than 74
	110	+	one hundred eighty days may be disapproved and nullified by majority 75
	111	+	vote at a meeting of [a committee consisting of the legislative leaders 76
	112	+	specified in subsection (b) of this section] the committee described in 77
	113	+	subdivision (1) of subsection (a) of this section, provided at least one of 78
	114	+	the members of the minority party votes for such disapproval. Such 79
	115	+	disapproval shall not be effective unless filed with the Secretary of the 80
	116	+	State not later than seventy-two hours after the filing of the Governor's 81
	117	+	renewal declaration with the Secretary of the State. Any such renewal 82 Raised Bill No. 5492
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121		-	duration of not more than ninety days, and (B) shall cease to be effective 87
122		-	unless approved by (i) a majority vote of each house of the General 88
123		-	Assembly by resolution not later than seventy-two hours after the date 89
124		-	of filing such renewal declaration with the Secretary of the State, or (ii) 90
125		-	if the president pro tempore of the Senate, the speaker of the House of 91
126		-	Representatives and the majority and minority leaders of both houses of 92
127		-	the General Assembly determine at a meeting by majority vote that the 93
128		-	convening of the General Assembly to approve such declaration would 94
129		-	cause an undue risk to the health or safety of the members of the General 95
130		-	Assembly, would exacerbate the emergency or is physically impossible, 96
131		-	a majority vote of the committee described in subdivision (1) of 97
132		-	subsection (a) of this section. Any meeting held by the leaders specified 98
133		-	in subparagraph (B) of this subdivision may be conducted on a virtual 99
134		-	platform that can be viewed by the public. 100
135		-	[(3)] (2) The Governor shall declare a public health emergency to be 101
136		-	terminated before the duration stated in the declaration, upon a finding 102
137		-	[, after informing the legislative leaders specified in subsection (b) of this 103
138		-	section,] that the circumstances that caused such emergency to be 104
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	122	+
	123	+	declaration issued one hundred eighty days or more after the initial 83
	124	+	declaration or that would result in a public health emergency being 84
	125	+	declared for more than one hundred eighty days (A) shall have a 85
	126	+	duration of not more than ninety days, and (B) shall cease to be effective 86
	127	+	unless approved by (i) a majority vote of each house of the General 87
	128	+	Assembly by resolution not later than seventy-two hours after the date 88
	129	+	of filing such renewal declaration with the Secretary of the State, or (ii) 89
	130	+	if the president pro tempore of the Senate, the speaker of the House of 90
	131	+	Representatives and the majority and minority leaders of both houses of 91
	132	+	the General Assembly determine at a meeting by majority vote that the 92
	133	+	convening of the General Assembly to approve such declaration would 93
	134	+	cause an undue risk to the health or safety of the members of the General 94
	135	+	Assembly, would exacerbate the emergency or is physically impossible, 95
	136	+	a majority vote of the committee described in subdivision (1) of 96
	137	+	subsection (a) of this section. Any meeting held by the leaders specified 97
	138	+	in subparagraph (B) of this subdivision may be conducted on a virtual 98
	139	+	platform that can be viewed by the public. 99
	140	+	[(3)] (2) The Governor shall declare a public health emergency to be 100
	141	+	terminated before the duration stated in the declaration, upon a finding, 101
	142	+	after informing the [legislative leaders specified in subsection (b) of this 102
	143	+	section] committee described in subdivision (1) of subsection (a) of this 103
	144	+	section, that the circumstances that caused such emergency to be 104
139	145		declared no longer pose a substantial risk of a significant number of 105
140		-	human fatalities or incidents of permanent or long-term disability, 106
141		-	provided the Governor informs the committee described in subdivision 107
142		-	(1) of subsection (a) of this section prior to declaring the termination of 108
143		-	such emergency. 109
144		-	(3) Any executive order issued pursuant to a declaration of public 110
145		-	health emergency under this section shall not exceed the duration of the 111
146		-	declaration under which it has been issued and shall be filed with the 112
147		-	Secretary of the State and the clerks of the House of Representatives and 113
148		-	Senate. Any such executive order issued one hundred eighty days or 114
149		-	more after the initial public health emergency declaration may be 115
150		-	disapproved by a majority vote at a meeting of a committee consisting 116
151		-	of the president pro tempore of the Senate, the speaker of the House of 117
152		-	Representatives and the majority and minority leaders of both houses of 118
153		-	the General Assembly, which meeting may be conducted on a virtual 119 Substitute Bill No. 5492
	146	+	human fatalities or incidents of permanent or long-term disability. 106
	147	+	(3) Any executive order issued pursuant to a declaration of public 107
	148	+	health emergency under this section shall not exceed the duration of the 108
	149	+	declaration under which it has been issued and shall be filed with the 109
	150	+	Secretary of the State and the clerks of the House of Representatives and 110
	151	+	Senate. Any such executive order issued one hundred eighty days or 111
	152	+	more after the initial emergency declaration may be disapproved by a 112
	153	+	majority vote at a meeting of a committee consisting of the president pro 113
	154	+	tempore of the Senate, the speaker of the House of Representatives and 114
	155	+	the majority and minority leaders of both houses of the General 115
	156	+	Assembly, which meeting may be conducted on a virtual platform that 116 Raised Bill No. 5492
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160		-	platform that can be viewed by the public. Any disapproval of an 120
161		-	executive order by such committee shall not be effective unless filed 121
162		-	with the Secretary of the State not later than thirty-six hours after the 122
163		-	Governor's filing of the order with the Secretary of the State. 123
164		-	(c) The Governor shall ensure that any declaration or order issued 124
165		-	pursuant to the provisions of this section shall be (1) published in full at 125
166		-	least once in a newspaper having general circulation in each county, (2) 126
167		-	provided to news media, and (3) posted on the state Internet web site. 127
168		-	Failure to take the actions specified in subdivisions (1) to (3), inclusive, 128
169		-	of this subsection shall not impair the validity of such declaration or 129
170		-	order. 130
171		-	(d) Any individual who, during the course of a public health 131
172		-	emergency declared under this section, violates the provisions of any 132
173		-	order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 133
174		-	intentionally obstructs, resists, hinders or endangers any person who is 134
175		-	authorized to carry out, and who is engaged in an activity that carries 135
176		-	out, any of the provisions of the order shall be fined not more than one 136
177		-	thousand dollars or imprisoned not more than one year, or both, for 137
178		-	each offense. 138
179		-	(e) The commissioner may request the Attorney General to apply to 139
180		-	the Superior Court for an order enforcing the provisions of any order 140
181		-	issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 141
182		-	inclusive, and such other equitable relief as the court deems 142
183		-	appropriate. 143
184		-	(f) The commissioner may delegate to an employee of the Department 144
185		-	of Public Health or any local health director, as much of the authority of 145
186		-	the commissioner described in this section as the commissioner 146
187		-	determines appropriate. Such authorized employee or director shall act 147
188		-	as an agent of the commissioner. 148
189		-	Sec. 2. Section 28-9 of the general statutes is repealed and the 149
190		-	following is substituted in lieu thereof (Effective from passage): 150 Substitute Bill No. 5492
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	161	+
	162	+	can be viewed by the public. Any disapproval of an executive order by 117
	163	+	such committee shall not be effective unless filed with the Secretary of 118
	164	+	the State not later than thirty-six hours after the Governor's filing of the 119
	165	+	order with the Secretary of the State. 120
	166	+	(c) The Governor shall ensure that any declaration or order issued 121
	167	+	pursuant to the provisions of this section shall be (1) published in full at 122
	168	+	least once in a newspaper having general circulation in each county, (2) 123
	169	+	provided to news media, and (3) posted on the state Internet web site. 124
	170	+	Failure to take the actions specified in subdivisions (1) to (3), inclusive, 125
	171	+	of this subsection shall not impair the validity of such declaration or 126
	172	+	order. 127
	173	+	(d) Any individual who, during the course of a public health 128
	174	+	emergency declared under this section, violates the provisions of any 129
	175	+	order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who 130
	176	+	intentionally obstructs, resists, hinders or endangers any person who is 131
	177	+	authorized to carry out, and who is engaged in an activity that carries 132
	178	+	out, any of the provisions of the order shall be fined not more than one 133
	179	+	thousand dollars or imprisoned not more than one year, or both, for 134
	180	+	each offense. 135
	181	+	(e) The commissioner may request the Attorney General to apply to 136
	182	+	the Superior Court for an order enforcing the provisions of any order 137
	183	+	issued by the commissioner pursuant to sections 19a-131 to 19a-131i, 138
	184	+	inclusive, and such other equitable relief as the court deems 139
	185	+	appropriate. 140
	186	+	(f) The commissioner may delegate to an employee of the Department 141
	187	+	of Public Health or any local health director, as much of the authority of 142
	188	+	the commissioner described in this section as the commissioner 143
	189	+	determines appropriate. Such authorized employee or director shall act 144
	190	+	as an agent of the commissioner. 145
	191	+	Sec. 2. Section 28-9 of the general statutes is repealed and the 146
	192	+	following is substituted in lieu thereof (Effective from passage): 147 Raised Bill No. 5492
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197		-	(a) In the event of serious disaster, enemy attack, sabotage or other 151
198		-	hostile action or in the event of the imminence thereof, the Governor 152
199		-	may [proclaim] declare that a state of civil preparedness emergency 153
200		-	exists. [, in which event] Prior to making such declaration, the Governor 154
201		-	shall make a good faith effort to inform the president pro tempore of the 155
202		-	Senate, the speaker of the House of Representatives, the majority and 156
203		-	minority leaders of both houses of the General Assembly of the 157
204		-	anticipated declaration. Pursuant to such declaration, the Governor may 158
205		-	personally take direct operational control of any or all parts of the civil 159
206		-	preparedness forces and functions in the state. Any such [proclamation] 160
207		-	declaration shall be effective upon its filing with both the Secretary of 161
208		-	the State and the clerks of the House of Representatives and Senate and 162
209		-	shall not exceed one hundred days in duration . Any such 163
210		-	[proclamation] declaration, or order issued pursuant thereto, [issued by 164
211		-	the Governor because of a disaster resulting from man-made cause] may 165
212		-	be disapproved by majority vote at a meeting of a joint legislative 166
213		-	committee consisting of the president pro tempore of the Senate, the 167
214		-	speaker of the House of Representatives and the majority and minority 168
215		-	leaders of both houses of the General Assembly, provided at least one 169
216		-	of the minority leaders votes for such disapproval. Such disapproval 170
217		-	shall not be effective unless filed with the Secretary of the State not later 171
218		-	than seventy-two hours after the filing of the Governor's [proclamation] 172
219		-	declaration with the Secretary of the State. Any meetings of such 173
220		-	committee held pursuant to this section may be conducted on a virtual 174
221		-	platform that can be viewed by the public. As soon as possible after such 175
222		-	[proclamation] declaration, if the General Assembly is not then in 176
223		-	session, the Governor shall meet with the president pro tempore of the 177
224		-	Senate, the speaker of the House of Representatives, and the majority 178
225		-	and minority leaders of both houses of the General Assembly and shall 179
226		-	confer with them on the advisability of calling a special session of the 180
227		-	General Assembly. 181
228		-	(b) Upon such [proclamation] declaration, the following provisions 182
229		-	of this section and the provisions of section 28-11 shall immediately 183
230		-	become effective and shall continue in effect until the Governor 184 Substitute Bill No. 5492
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	197	+
	198	+	(a) In the event of serious disaster, enemy attack, sabotage or other 148
	199	+	hostile action or in the event of the imminence thereof, the Governor 149
	200	+	may [proclaim] declare that a state of civil preparedness emergency 150
	201	+	exists. [, in which event] Prior to making such declaration, the Governor 151
	202	+	shall make a good faith effort to inform the president pro tempore of the 152
	203	+	Senate, the speaker of the House of Representatives, the majority and 153
	204	+	minority leaders of both houses of the General Assembly of the 154
	205	+	anticipated declaration. Pursuant to such declaration, the Governor may 155
	206	+	personally take direct operational control of any or all parts of the civil 156
	207	+	preparedness forces and functions in the state. Any such [proclamation] 157
	208	+	declaration shall be effective upon its filing with both the Secretary of 158
	209	+	the State and the clerks of the House of Representatives and Senate and 159
	210	+	shall not exceed one hundred days in duration . Any such 160
	211	+	[proclamation] declaration, or order issued pursuant thereto, [issued by 161
	212	+	the Governor because of a disaster resulting from man-made cause] may 162
	213	+	be disapproved by majority vote at a meeting of a joint legislative 163
	214	+	committee consisting of the president pro tempore of the Senate, the 164
	215	+	speaker of the House of Representatives and the majority and minority 165
	216	+	leaders of both houses of the General Assembly, provided at least one 166
	217	+	of the minority leaders votes for such disapproval. Such disapproval 167
	218	+	shall not be effective unless filed with the Secretary of the State not later 168
	219	+	than seventy-two hours after the filing of the Governor's [proclamation] 169
	220	+	declaration with the Secretary of the State. Any meetings of such 170
	221	+	committee held pursuant to this section may be conducted on a virtual 171
	222	+	platform that can be viewed by the public. As soon as possible after such 172
	223	+	[proclamation] declaration, if the General Assembly is not then in 173
	224	+	session, the Governor shall meet with the president pro tempore of the 174
	225	+	Senate, the speaker of the House of Representatives, and the majority 175
	226	+	and minority leaders of both houses of the General Assembly and shall 176
	227	+	confer with them on the advisability of calling a special session of the 177
	228	+	General Assembly. 178
	229	+	(b) Upon such [proclamation] declaration, the following provisions 179
	230	+	of this section and the provisions of section 28-11 shall immediately 180
	231	+	become effective and shall continue in effect until the Governor 181 Raised Bill No. 5492
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237		-	[proclaims] declares the end of the civil preparedness emergency: 185
238		-	(1) Following the Governor's [proclamation] declaration of a civil 186
239		-	preparedness emergency pursuant to subsection (a) of this section or 187
240		-	declaration of a public health emergency pursuant to section 19a-131a, 188
241		-	as amended by this act, the Governor may modify or suspend in whole 189
242		-	or in part, by executive order as [hereinafter] provided in this section, 190
243		-	any statute, regulation or requirement or part thereof whenever the 191
244		-	Governor finds such statute, regulation or requirement, or part thereof, 192
245		-	is in conflict with the efficient and expeditious execution of civil 193
246		-	preparedness functions or the protection of the public health. The 194
247		-	Governor shall specify in such executive order the reason or reasons 195
248		-	therefor and any statute, regulation or requirement or part thereof to be 196
249		-	modified or suspended and the period, not exceeding [six months] the 197
250		-	duration of the civil preparedness or public health emergency unless 198
251		-	sooner revoked, during which such executive order shall be enforced. 199
252		-	Any such executive order shall have the full force and effect of law upon 200
253		-	the filing of the full text of such executive order in the office of the 201
254		-	Secretary of the State and such executive order shall also be filed with 202
255		-	the clerks of the House of Representatives and Senate. The Secretary of 203
256		-	the State shall, not later than four days after receipt of the executive 204
257		-	order, cause such executive order to be printed and published in full in 205
258		-	at least one issue of a newspaper published in each county and having 206
259		-	general circulation therein, but failure to publish shall not impair the 207
260		-	validity of such executive order. Any statute, regulation or requirement, 208
261		-	or part thereof, inconsistent with such executive order shall be 209
262		-	inoperative for the effective period of such executive order. [Any such 210
263		-	order shall be communicated by the Governor at the earliest date to both 211
264		-	houses of the General Assembly.] 212
265		-	(2) The Governor may order into action all or any part of the 213
266		-	department or local or joint organizations for civil preparedness mobile 214
267		-	support units or any other civil preparedness forces. 215
268		-	(3) The Governor shall order and enforce such blackouts and radio 216
269		-	silences as are authorized by the United States Army or its duly 217 Substitute Bill No. 5492
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	236	+
	237	+	[proclaims] declares the end of the civil preparedness emergency: 182
	238	+	(1) Following the Governor's [proclamation] declaration of a civil 183
	239	+	preparedness emergency pursuant to subsection (a) of this section or 184
	240	+	declaration of a public health emergency pursuant to section 19a-131a, 185
	241	+	as amended by this act, the Governor may modify or suspend in whole 186
	242	+	or in part, by order as [hereinafter] provided in this section, any statute, 187
	243	+	regulation or requirement or part thereof whenever the Governor finds 188
	244	+	such statute, regulation or requirement, or part thereof, is in conflict 189
	245	+	with the efficient and expeditious execution of civil preparedness 190
	246	+	functions or the protection of the public health. The Governor shall 191
	247	+	specify in such order the reason or reasons therefor and any statute, 192
	248	+	regulation or requirement or part thereof to be modified or suspended 193
	249	+	and the period, not exceeding [six months] the duration of the civil 194
	250	+	preparedness or public health emergency unless sooner revoked, 195
	251	+	during which such order shall be enforced. Any such order shall have 196
	252	+	the full force and effect of law upon the filing of the full text of such 197
	253	+	order in the office of the Secretary of the State and such order shall also 198
	254	+	be filed with the clerks of the House of Representatives and Senate. The 199
	255	+	Secretary of the State shall, not later than four days after receipt of the 200
	256	+	order, cause such order to be printed and published in full in at least one 201
	257	+	issue of a newspaper published in each county and having general 202
	258	+	circulation therein, but failure to publish shall not impair the validity of 203
	259	+	such order. Any statute, regulation or requirement, or part thereof, 204
	260	+	inconsistent with such order shall be inoperative for the effective period 205
	261	+	of such order. [Any such order shall be communicated by the Governor 206
	262	+	at the earliest date to both houses of the General Assembly.] 207
	263	+	(2) The Governor may order into action all or any part of the 208
	264	+	department or local or joint organizations for civil preparedness mobile 209
	265	+	support units or any other civil preparedness forces. 210
	266	+	(3) The Governor shall order and enforce such blackouts and radio 211
	267	+	silences as are authorized by the United States Army or its duly 212
	268	+	designated agency and may take any other precautionary measures 213
	269	+	reasonably necessary in the light of the emergency. 214 Raised Bill No. 5492
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276		-	designated agency and may take any other precautionary measures 218
277		-	reasonably necessary in the light of the emergency. 219
278		-	(4) The Governor may designate such vehicles and persons as shall 220
279		-	be permitted to move and the routes which they shall follow. 221
280		-	(5) The Governor shall take appropriate measures for protecting the 222
281		-	health and safety of inmates of state institutions and children in schools. 223
282		-	(6) The Governor may order the evacuation of all or part of the 224
283		-	population of stricken or threatened areas and may take such steps as 225
284		-	are necessary for the receipt and care of such evacuees. 226
285		-	(7) The Governor may take such other steps as are reasonably 227
286		-	necessary in the light of the emergency to protect the health, safety and 228
287		-	welfare of the people of the state, to prevent or minimize loss or 229
288		-	destruction of property and to minimize the effects of hostile action. 230
289		-	(8) In order to insure the automatic and effective operation of civil 231
290		-	preparedness in the event of enemy attack, sabotage or other hostile 232
291		-	action, or in the event of the imminence thereof, the Governor may, at 233
292		-	the Governor's discretion, at any time prior to actual development of 234
293		-	such conditions, issue such proclamations and executive orders as the 235
294		-	Governor deems necessary, such proclamations and orders to become 236
295		-	effective only under such conditions. 237
296		-	(9) Any executive order issued pursuant to this subsection one 238
297		-	hundred days or more after the initial declaration of a civil preparedness 239
298		-	emergency or declaration of a public health emergency pursuant to 240
299		-	section 19a-131a, as amended by this act, may be disapproved by a 241
300		-	majority vote at a meeting of the joint legislative committee described in 242
301		-	subsection (a) of this section. Any disapproval of an executive order by 243
302		-	such committee shall not be effective unless filed with the Secretary of 244
303		-	the State not later than thirty-six hours after the Governor's filing of the 245
304		-	order with the Secretary of the State. 246
305		-	(c) (1) Any declaration issued pursuant to this section may be 247 Substitute Bill No. 5492
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	274	+
	275	+	(4) The Governor may designate such vehicles and persons as shall 215
	276	+	be permitted to move and the routes which they shall follow. 216
	277	+	(5) The Governor shall take appropriate measures for protecting the 217
	278	+	health and safety of inmates of state institutions and children in schools. 218
	279	+	(6) The Governor may order the evacuation of all or part of the 219
	280	+	population of stricken or threatened areas and may take such steps as 220
	281	+	are necessary for the receipt and care of such evacuees. 221
	282	+	(7) The Governor may take such other steps as are reasonably 222
	283	+	necessary in the light of the emergency to protect the health, safety and 223
	284	+	welfare of the people of the state, to prevent or minimize loss or 224
	285	+	destruction of property and to minimize the effects of hostile action. 225
	286	+	(8) In order to insure the automatic and effective operation of civil 226
	287	+	preparedness in the event of enemy attack, sabotage or other hostile 227
	288	+	action, or in the event of the imminence thereof, the Governor may, at 228
	289	+	the Governor's discretion, at any time prior to actual development of 229
	290	+	such conditions, issue such proclamations and executive orders as the 230
	291	+	Governor deems necessary, such proclamations and orders to become 231
	292	+	effective only under such conditions. 232
	293	+	(9) Any executive order issued pursuant to this subsection one 233
	294	+	hundred days or more after the initial declaration of a civil preparedness 234
	295	+	emergency or declaration of a public health emergency may be 235
	296	+	disapproved by a majority vote at a meeting of the joint legislative 236
	297	+	committee described in subsection (a) of this section. Any disapproval 237
	298	+	of an executive order by such committee shall not be effective unless 238
	299	+	filed with the Secretary of the State not later than thirty-six hours after 239
	300	+	the Governor's filing of the order with the Secretary of the State. 240
	301	+	(c) (1) Any declaration issued pursuant to this section may be 241
	302	+	renewed by the Governor upon its filing with both the Secretary of the 242
	303	+	State and with the clerks of the House of Representatives and Senate. 243
	304	+	Not less than five days prior to filing the renewal of any such declaration 244
	305	+	with the Secretary of the State, the Governor shall provide electronic 245 Raised Bill No. 5492
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312		-	renewed by the Governor upon its filing with both the Secretary of the 248
313		-	State and with the clerks of the House of Representatives and Senate. 249
314		-	Not less than five days prior to filing the renewal of any such declaration 250
315		-	with the Secretary of the State, the Governor shall provide electronic 251
316		-	notice of such renewal to the president pro tempore of the Senate, the 252
317		-	speaker of the House of Representatives, the majority leader of the 253
318		-	Senate, the minority leader of the Senate, the majority leader of the 254
319		-	House of Representatives and the minority leader of the House of 255
320		-	Representatives. 256
321		-	(2) Any such renewal declaration issued by the Governor less than 257
322		-	one hundred eighty days after the initial declaration or that does not 258
323		-	result in a civil preparedness emergency being declared for more than 259
324		-	one hundred eighty days may be disapproved and nullified by majority 260
325		-	vote at a meeting of the joint legislative committee described in 261
326		-	subsection (a) of this section, provided at least one of the members of 262
327		-	the minority party votes for such disapproval. Such disapproval shall 263
328		-	not be effective unless filed with the Secretary of the State not later than 264
329		-	seventy-two hours after the filing of the Governor's renewal declaration 265
330		-	with the Secretary of the State. 266
331		-	(3) Any such renewal declaration issued one hundred eighty days or 267
332		-	more after the initial declaration or that would result in a civil 268
333		-	preparedness emergency being declared for more than one hundred 269
334		-	eighty days (A) shall have a duration of not more than ninety days, and 270
335		-	(B) shall cease to be effective unless approved by (i) a majority vote of 271
336		-	each house of the General Assembly by resolution not later than three 272
337		-	business days after the date of filing such renewal declaration with the 273
338		-	Secretary of the State, or (ii) if the president pro tempore of the Senate, 274
339		-	the speaker of the House of Representatives and the majority and 275
340		-	minority leaders of both houses of the General Assembly determine at a 276
341		-	meeting by majority vote that the convening of the General Assembly to 277
342		-	approve such declaration would cause an undue risk to the health or 278
343		-	safety of the members of the General Assembly, would exacerbate the 279
344		-	emergency or is physically impossible, a majority vote at a meeting of 280 Substitute Bill No. 5492
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	310	+
	311	+	notice of such renewal to the president pro tempore of the Senate, the 246
	312	+	speaker of the House of Representatives, the majority leader of the 247
	313	+	Senate, the minority leader of the Senate, the majority leader of the 248
	314	+	House of Representatives and the minority leader of the House of 249
	315	+	Representatives. 250
	316	+	(2) Any such renewal declaration issued by the Governor less than 251
	317	+	one hundred eighty days after the initial declaration or that does not 252
	318	+	result in a civil preparedness emergency being declared for more than 253
	319	+	one hundred eighty days may be disapproved and nullified by majority 254
	320	+	vote at a meeting of the joint legislative committee described in 255
	321	+	subsection (a) of this section, provided at least one of the members of 256
	322	+	the minority party votes for such disapproval. Such disapproval shall 257
	323	+	not be effective unless filed with the Secretary of the State not later than 258
	324	+	seventy-two hours after the filing of the Governor's renewal declaration 259
	325	+	with the Secretary of the State. 260
	326	+	(3) Any such renewal declaration issued one hundred eighty days or 261
	327	+	more after the initial declaration or that would result in a civil 262
	328	+	preparedness emergency being declared for more than one hundred 263
	329	+	eighty days (A) shall have a duration of not more than ninety days, and 264
	330	+	(B) shall cease to be effective unless approved by (i) a majority vote of 265
	331	+	each house of the General Assembly by resolution not later than three 266
	332	+	business days after the date of filing such renewal declaration with the 267
	333	+	Secretary of the State, or (ii) if the president pro tempore of the Senate, 268
	334	+	the speaker of the House of Representatives and the majority and 269
	335	+	minority leaders of both houses of the General Assembly determine at a 270
	336	+	meeting by majority vote that the convening of the General Assembly to 271
	337	+	approve such declaration would cause an undue risk to the health or 272
	338	+	safety of the members of the General Assembly, would exacerbate the 273
	339	+	emergency or is physically impossible, a majority vote at a meeting of 274
	340	+	the joint legislative committee described in subsection (a) of this section. 275
	341	+	Any meeting held by the leaders specified in subparagraph (B) of this 276
	342	+	subdivision may be conducted on a virtual platform that can be viewed 277
	343	+	by the public. 278 Raised Bill No. 5492
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351		-	the joint legislative committee described in subsection (a) of this section. 281
352		-	Any meeting held by the leaders specified in subparagraph (B) of this 282
353		-	subdivision may be conducted on a virtual platform that can be viewed 283
354		-	by the public. 284
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355	349		This act shall take effect as follows and shall amend the following
356	350		sections:
357	351
358	352		Section 1 from passage 19a-131a
359	353		Sec. 2 from passage 28-9
360	354
361		-	Statement of Legislative Commissioners:
362		-	In Section 1(a) the first sentence was rewritten for internal consistency
363		-	and clarity, Section 1(b)(2) was rewritten for clarity and in Section 2(b),
364		-	"executive" was inserted before "order" for internal consistency.
365		-
366		-	GAE Joint Favorable Subst. -LCO
	355	+	Statement of Purpose:
	356	+	To modify the process of public health and civil preparedness
	357	+	emergency declarations, including by requiring legislative approval for
	358	+	renewal declarations issued one hundred eighty days or more after the
	359	+	initial declaration, permitting the legislative disapproval of executive
	360	+	orders issued one hundred eighty days or more after the initial
	361	+	declaration and permitting the legislative disapproval of any
	362	+	declaration of civil preparedness emergency regardless of cause.
	363	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	364	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	365	+	underlined.]
367	366