HB 5653 — AN ACT CONCERNING DECLARATIONS OF PUBLIC HEALTH AND CIVIL PREPAREDNESS EMERGENCIES AND THE CREATION OF A BIPARTISAN COMMISSION TO STUDY STATUTES GOVERNING THE ISSUANCE OF SUCH DECLARATIONS.

Substitute House ofBill Representatives General Assembly File No.

5715653 JanuarySpecial Session,Act 2021 Substitute House Bill No.

565321-5 HouseAN ofACT Representatives,CONCERNING AprilDECLARATIONS 22,OF 2021PUBLIC TheHEALTH CommitteeAND onCIVIL GovernmentPREPAREDNESS AdministrationEMERGENCIES andAND ElectionsTHE reportedCREATION throughOF REP.A BIPARTISAN COMMISSION TO STUDY STATUTES GOVERNING THE ISSUANCE OF SUCH DECLARATIONS.

FOX of the 148th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT AMENDING THE CIVIL PREPAREDNESS AND PUBLIC HEALTH EMERGENCY STATUTES.

Subsection(Effective (a)July of1, section2021) 28-9Notwithstanding of the generalprovisions statutesof issections repealed19a-131a and the28-9 followingof isthe substitutedgeneral instatutes, lieuthe thereofGovernor (Effectiveis Julyhereby 1,authorized 2021):to renew:

(a)(1) InThe thepublic eventhealth ofand seriouscivil disaster,preparedness enemyemergencies attack,declared sabotage or other hostile action or in theresponse eventto of the imminenceCOVID-19 [thereof]pandemic, ofand a(2) seriousany disaster,orders enemyissued attack,pursuant sabotageto orthe otherdeclarations hostileand action, the Governorrenewal may proclaim that a state of civilsuch preparednessdeclarations emergencythat exists,remain in whicheffect eventas theof GovernorJuly may20, personally2021, takeprovided directany operationalexercise control of anyauthority orunder allthis partssection ofis thedone civilin preparednessaccordance forceswith andsection functions2 inof thethis state.act.

AnyOn suchand proclamationafter shallJuly be1, effective2021, uponthe itsGovernor filingmay file the renewal of such declarations with the Secretary of the State.State in accordance with section 2 of this act and any such renewal may cover the period of time from July 21, 2021, through March 1, 2022.

AnyNot suchless proclamation,than orfive orderdays issuedprior pursuantto [thereto]filing tothe suchrenewal proclamation,of issuedany byemergency declaration with the Secretary of the State under section 2 of this act, the Governor becauseshall provide electronic notice of asuch disasterrenewal resultingto fromthe man-madepresident causepro maytempore beof sHB5653the /Senate, Filethe speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the majority leader of the House of Representatives, and Substitute House Bill No.

5715653 1the sHB5653minority Fileleader No.of the House of Representatives.

571The disapprovedprovisions byof majoritythis votesection ofshall anot jointlimit legislativethe committeeGovernor, consistingor ofany thedepartment presidenthead, prostate temporeagency ofor themunicipality Senate,from theexercising speakerany authority granted under said sections of the Housegeneral ofstatutes Representativesfrom andJuly the21, majority2021, andthrough minorityMarch leaders1, of2022, bothprovided housesany exercise of thesuch Generalauthority Assembly,in providedresponse atto leastthe oneCOVID-19 ofpandemic theis minoritydone leadersin votesaccordance forwith suchsection disapproval.2 of this act.

SuchAfter disapprovalMarch shall1, not2022, benothing effectivein unlessthis filedsection withor thesection Secretary2 of thethis Stateact notshall lateraffect thanor seventy-twolimit hoursany afterauthority theconveyed filingpursuant ofto thesection Governor's19a-131a proclamationor with28-9 the Secretary of the State.general statutes.

As soonused as possible after such proclamation, if the General Assembly is not then in session,this thesection Governorand shallsection meet2 with the president pro tempore of thethis Senate,act, the"COVID-19" speakermeans of the Houserespiratory ofdisease Representatives,designated andby the majorityWorld andHealth minorityOrganization leaderson ofFebruary both11, houses2020, ofas thecoronavirus General2019, Assembly and shallany conferrelated withmutation themthereof onrecognized theby advisabilitysaid oforganization callingas a specialcommunicable sessionrespiratory ofdisease. the General Assembly.

Subdivision(Effective (1)July 1, 2021) (a) The Governor may renew the public health andcivil preparednessemergenciesoriginally declaredonMarch 10, 2020, inresponse totheCOVID-19pandemic,provided:(1)Any such renewed declaration shall have a duration of subsectionnot (b)more than an additional sixty days from the date of sectionthe 28-9renewed declaration if such renewal is made during a regular session of the generalGeneral statutesAssembly or not more than an additional one hundred eighty days from the date of the renewed declaration if such renewal is repealedmade andwhen the followingGeneral Assembly is substitutednot in lieuregular thereofsession, (Effectiveand July(2) 1,any 2021):such renewal issued by the Governor shall cease to be effective unless approved by a majority vote of each house of the General Assembly by resolution not later than three business days after the date of filing such renewal with the Secretary of the State.

(1)(b) FollowingNotwithstanding the Governor'sprovisions proclamation of asections civil19a-131a preparednessand emergency28-9 pursuant to subsection (a) of thisthe sectiongeneral orstatutes, declarationfrom ofJuly a21, public2021, healththrough emergencyMarch pursuant1, to2022, section 19a-131a, the GovernorGovernor, mayor modifyany ordepartment suspendhead, instate wholeagency or inmunicipality part,may byexercise order as [hereinafter] provided in this section, any statute,authority regulationgranted orunder requirementsections or19a-131a partand thereof28-9 wheneverof the Governorgeneral findsstatutes such statute, regulation or requirement, or part thereof, is in conflictresponse withto the efficientCOVID-19 andpandemic, expeditiousprovided executionan ofSpecial civilAct preparednessNo. functions or the protection of the public health.

The21-5 Governor2 shallof specify4 inSubstitute suchHouse orderBill theNo. reason or reasons therefor and any statute, regulation or requirement or part thereof to be modified or suspended and the period, not exceeding six months unless sooner revoked, during which such order shall be enforced.

Any5653 suchexecutive order issued under such authority shall havenot exceed the fullduration forceof the emergency declaration under which it has been issued and effectmay be disapproved by a majority vote at a meeting of lawa uponjoint legislative committee consisting of the filingpresident pro tempore of the fullSenate, textthe speaker of suchthe orderHouse inof Representatives, the officemajority leader of the SecretarySenate, the minority leader of the State.Senate, the majority leader of the House of Representatives and the minority leader of the House of Representatives.

TheSuch Secretaryjoint oflegislative thecommittee Statemeeting shall,may notbe laterconducted thanon foura daysvirtual afterplatform receiptthat ofcan the order, cause such order to be printedviewed andby published in full inat leastoneissueofanewspaper publishedineachcounty andhaving general circulation therein, but failure to publish shall not impair the sHB5653public. / File No.

571Any 2disapprovalofanexecutiveorderbythejointlegislativecommitteeshall sHB5653not Filebe No.effective unless filed with the Secretary of the State not later than thirty-six hours after the Governor's filing of the order with the Secretary of the State.

571 validity of such order.

Any statute, regulation or requirement, or part thereof, inconsistent with such order shall be inoperative for the effective period of such order.

Any such order shall be communicated by the Governor at the earliest date to both houses of the General Assembly.

Section(Effective from passage) (a) There is established a bipartisan commission to study sections 19a-131a and 28-9 of the general statutes isand repealedmake recommendations on how said sections should be amended to provide greater legislative oversight of declarations of public health and thecivil followingpreparedness isemergencies substitutedand inthe lieuexercise thereofof (Effectiveexecutive Julyauthority 1,pursuant 2021):to said sections.

(a)(b) InThe thecommission event of a state-wide or regional public health emergency, the Governor shall makeconsist a good faith effort to inform the legislative leaders specified in subsection (b) of this section before declaring that the emergencyfollowing existsmembers: and may do any of the following:

(1) OrderOne theappointed commissionerby tothe implementspeaker all or a portion of the publicHouse healthof emergencyRepresentatives; response plan developed pursuant to section 19a-131g;

(2) authorizeOne theappointed commissionerby tothe isolatepresident orpro quarantinetempore personsof inthe accordanceSenate; with section 19a-131b;

(3) orderOne theappointed commissionerby tothe vaccinateminority personsleader inof accordancethe withHouse sectionof 19a-131e;Representatives;

(4) applyOne forappointed andby receivethe federalminority assistance;leader of the Senate;

orand (5) orderOne theappointed commissionerby to suspend certainlicenserenewal andinspectionfunctionsduringtheperiodofthe emergency and during the six-monthGovernor. period following the date the emergency is declared to be over.

(b)(c) (1) Any declarationmember issued pursuant to this section shall become effective upon its filing with the Secretary of the Statecommission andappointed withunder thesubdivision clerks(1), ofSpecial theAct HouseNo. of Representatives and Senate.

The21-5 declaration3 shall state the nature of the4 publicSubstitute healthHouse emergency,Bill theNo. political subdivisions or geographic area subject to the declaration, the conditions that have brought about the public health emergency, the duration of the public health emergency and the public health authority responding to the emergency.

Any5653 such(2), declaration(3), issuedor by(4) the Governor may be disapproved and nullified by majority vote of asubsection committee(b) consisting of thethis presidentsection promay temporebe ofa themember Senate, the speaker of the House of Representatives, the majority and minority leaders of both houses of the General AssemblyAssembly. and the cochairpersons and ranking members of the joint standing committee of the General sHB5653 / File No.

571(d) 3All sHB5653initial Fileappointments No.to the commission shall be made not later thanthirty daysafter theeffective date ofthis section.Any vacancy shall be filled by the appointing authority.

571(e)The Assemblyspeaker havingoftheHouse cognizanceofRepresentativesandthepresident pro tempore of mattersthe relatingSenate toshall publicselect health.the chairpersons of the commission from among the members of the task force.

Such disapprovalchairpersons shall notschedule bethe effectivefirst unlessmeeting filedof with the Secretarycommission, ofwhich theshall Statebe held not later than seventy-twosixty hoursdays after the filingeffective ofdate the Governor's declaration with the Secretary of thethis State.section.

(2)(f) AnyThe declarationadministrative issuedstaff pursuantof tothe thisjoint sectionstanding maycommittee beof renewed by the GovernorGeneral uponAssembly [its]having thecognizance filing of thematters renewalrelating declarationto withgovernment theadministration Secretaryand ofelections theshall Stateserve andas withadministrative thestaff clerks of the Housecommission. of Representatives and Senate.

The(g) renewalNot declarationlater shallthan stateJanuary the1, nature2022, of the continuingcommission publicshall healthsubmit emergency,a thereport politicalon subdivisionsits orfindings geographicand arearecommendations subject to the renewal,joint thestanding conditionscommittee thatof have brought about the renewalGeneral declaration,Assembly thehaving durationcognizance of thematters renewalrelating declarationto andgovernmentadministrationandelections,inaccordance with the publicprovisions healthof authoritysection responding11-4a toof the publicgeneral healthstatutes. emergency.

AnyThe suchcommission renewalshallterminate declarationonthe issueddate bythat theit Governorsubmitssuchreport mayor beJanuary disapproved1,2022, andwhichever nullifiedis bylater. majority vote of a committeeconsistingofthelegislativeleadersspecifiedinsubsection(b) of this section.

SuchApproved disapprovalMay shall17, not2021 beSpecial effectiveAct unlessNo. filed with theSecretaryoftheState not later thanseventy-two hoursafter thefiling of the Governor's renewal declaration with the Secretary of the State.

(3)21-5 The4 Governor shall declare a public health emergency to be terminated before theduration stated in the declaration, upon a finding, after informing the legislative leaders specified in subsection (b) of this4 section, that the circumstances that caused such emergency to be declared no longer pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.