Commerce Committee
JOINT FAVORABLE REPORT
Bill No.: HB-5759
AN ACT REQUIRING NOTICE BEFORE THE IMPLEMENTATION OF ANY
Title: DECLARATION, PROCLAMATION OR ORDER THAT AFFECTS BUSINESSES.
Vote Date: 3/22/2021
Vote Action: Joint Favorable Substitute
PH Date: 2/11/2021
File No.: 297
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Commerce Committee
REASONS FOR BILL:
HB 5759 codifies the declaration/order process by the executive when it relates to public
health emergencies. This bill directs the Governor, when possible, to provide businesses
with at least five days notice before issuing any declaration, proclamation, or order that
relates to a businesss ability to operate or capacity to do so.
Substitute Language LCO 5098
The substitute language gives added flexibility to the Governor related to the bill's timetable
for notification of an executive order or declaration. This change takes into account the
possibility that the Governor might need to act swiftly and issue an executive order or
declaration related to public health without giving advanced notice.
RESPONSE FROM ADMINISTRATION/AGENCY:
None Expressed
NATURE AND SOURCES OF SUPPORT:
1. Vincent J. Candelora, Republican Leader, Connecticut House of
Representatives: Provided both written and public hearing testimony in support of this
bill. Rep. Candelora underlined the difficulty that businesses have had in the past
year. Since March 10, Governor Lamont has issued 40 executive orders with little or
no advanced notice. As a result, businesses were forced to scramble to remain
compliant or close temporarily to adjust at the risk of receiving a $10,000 fine. Rep.
Candelora urged the committee to pass this bill so businesses have ample time to
implement changes without hampering their operations.
2. Andy Markowski, State Director, National Federation of Independent Business:
Submitted written testimony in support of this bill. They testified about how tough this
pandemic has been and continues to be for businesses, particularly small businesses.
They would also support and suggest that the legislature consider legislation that
stipulates that a small business receives no penalty for violating a rule, guideline,
regulation, or statute unless it was willful. They also suggest that the committee clarify
that this bill also pertains to state agency rules or implementation guidelines related to
orders or declarations.
3. Asley Zane, Government Affairs Associate, Connecticut Business and Industry
Association: Provided both written and public hearing testimony in support of this bill.
They believe that this bill would support the business community, especially small to
midsize businesses that have the hardest time adjusting to executive orders because
of their size. They highlighted that this bill also gives state agencies time to compile
resources to educate and inform businesses about new executive orders. The CBIA
strongly supports this piece of legislation.
NATURE AND SOURCES OF OPPOSITION:
None Expressed
Reported by: Peter B. Andrews Date: 4-5-21
Page 2 of 2 HB-5759

Statutes affected:
Committee Bill: 28-9
CE Joint Favorable Substitute: 28-9
File No. 297: 28-9