Sec. 19a-131a. Declaration of public health emergency by Governor.
Sec. 19a-131a. Declaration of public health emergency by Governor. (a) In the
event of a state-wide or regional public health emergency, the Governor shall make a
good faith effort to inform the legislative leaders specified in subsection (b) of this
section before declaring that the emergency exists and may do any of the following: (1)
Order the commissioner to implement all or a portion of the public health emergency
response plan developed pursuant to section 19a-131g; (2) authorize the commissioner
to isolate or quarantine persons in accordance with section 19a-131b; (3) order the commissioner to vaccinate persons in accordance with section 19a-131e; (4) apply for and
receive federal assistance; or (5) order the commissioner to suspend certain license
renewal and inspection functions during the period of the emergency and during the
six-month period following the date the emergency is declared to be over.
(b) (1) Any declaration issued pursuant to this section shall become effective upon
its filing with the Secretary of the State and with the clerks of the House of Representatives and Senate. The declaration shall state the nature of the public health emergency,
the 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. Any such declaration issued by the Governor may be disapproved and nullified by majority vote of a
committee consisting of the president pro tempore of the Senate, the speaker of the House
of Representatives, the majority and minority leaders of both houses of the General
Assembly and the cochairpersons and ranking members of the joint standing committee
of the General Assembly having cognizance of matters relating to public health. Such
disapproval shall not be effective unless filed with the Secretary of the State not later
than seventy-two hours after the filing of the Governor's declaration with the Secretary
of the State.
(2) Any declaration issued pursuant to this section may be renewed by the Governor
upon its filing with the Secretary of the State and with the clerks of the House of Representatives and Senate. The renewal declaration shall state the nature of the continuing
public health emergency, the political subdivisions or geographic area subject to the
renewal, the conditions that have brought about the renewal declaration, the duration
of the renewal declaration and the public health authority responding to the public health
emergency. Any such renewal declaration issued by the Governor may be disapproved
and nullified by majority vote of a committee consisting of the legislative leaders specified in subsection (b) of this section. Such disapproval shall not be effective unless filed
with the Secretary of the State not later than seventy-two hours after the filing of the
Governor's renewal declaration with the Secretary of the State.
(3) The Governor shall declare a public health emergency to be terminated before
the duration stated in the declaration, upon a finding, after informing the legislative
leaders specified in subsection (b) of this 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.
(c) The Governor shall ensure that any declaration or order issued pursuant to the
provisions of this section shall be (1) published in full at least once in a newspaper
having general circulation in each county, (2) provided to news media, and (3) posted
on the state Internet web site. Failure to take the actions specified in subdivisions (1)
to (3), inclusive, of this subsection shall not impair the validity of such declaration or
order.
(d) Any individual who, during the course of a public health emergency declared
under this section, violates the provisions of any order issued pursuant to sections 19a-131 to 19a-131i, inclusive, or who intentionally obstructs, resists, hinders or endangers
any person who is authorized to carry out, and who is engaged in an activity that carries
out, any of the provisions of the order shall be fined not more than one thousand dollars
or imprisoned not more than one year, or both, for each offense.
(e) The commissioner may request the Attorney General to apply to the Superior
Court for an order enforcing the provisions of any order issued by the commissioner
pursuant to sections 19a-131 to 19a-131i, inclusive, and such other equitable relief as
the court deems appropriate.
(f) The commissioner may delegate to an employee of the Department of Public
Health or any local health director, as much of the authority of the commissioner described in this section as the commissioner determines appropriate. Such authorized
employee or director shall act as an agent of the commissioner.
(P.A. 03-236, S. 2; P.A. 08-134, S. 3.)
History: P.A. 03-236 effective July 9, 2003; P.A. 08-134 added Subsec. (a)(5) re Governor's authority to order commissioner to suspend certain license renewal and inspection functions in times of emergency.