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 Section 19a-131a of the general statutes is repealed and the 1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