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Ex. DUT-CT-003 Standing duty Primary source read

Conn. Gen. Stat. § 28-9 (Governor's powers in a civil preparedness or public health emergency; orders have the full force and effect of law) and § 28-22 (penalty)

Chapter 517, Civil Preparedness and Emergency Services

Connecticut General Assembly (Conn. Gen. Stat. chapter 517, Civil Preparedness and Emergency Services) · Connecticut (State)

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The record

Jurisdiction
Connecticut
Level
State
Authority
June 1951, S. 1913d, 1920d; P.A. 73-544; P.A. 10-50 (§ 28-9(b)(1) extended to public health emergencies declared under § 19a-131a); P.A. 13-258 (§ 28-22 class D felony)
Issued
2025-10-01 Oct. 1, 2025
Effective
standing; text in force throughout March 2020 to September 2021 (no amendment after 2013 in the current compilation) (read as 2025-10-01)
End
standing
In force
Standing since Oct. 1, 2025 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding dutyOther
Addressees
  • persons generally; all businesses and entities addressed by the orders
Character
order penalty
Collection
Standing duties: Connecticut DUT-CT

Operative words

Any such order shall have the full force and effect of law upon the filing of the full text of such order in the office of the Secretary of the State.... Any statute, regulation or requirement, or part thereof, inconsistent with such order shall be inoperative for the effective period of such order. [§ 28-22:]... or who violates any provision of this chapter, shall be guilty of a class D felony.

Penalty

§ 28-22: class D felony (P.A. 13-258 replaced the former fine of not more than $1,000 or imprisonment of not more than five years). The orders themselves added order-specific penalties by modifying § 51-164n(b): EO 9B (Ex. CT-028) $100 (masks; business liable for its employee), $500 (organizing a gathering), $250 (attending); EO 9N (Ex. CT-033) and EO 11A (Ex. CT-041) $10,000 civil penalty per violation of the DECD Rules; EO 12A (Ex. CT-045) $100 with the employer liable

What it required

Every person to treat the Governor's emergency orders as law: upon the Governor's proclamation of a civil preparedness emergency or declaration of a public health emergency under § 19a-131a, the Governor 'may modify or suspend in whole or in part, by order... any statute, regulation or requirement' that conflicts with civil preparedness functions 'or the protection of the public health' (§ 28-9(b)(1)) and 'may take such other steps as are reasonably necessary in the light of the emergency to protect the health, safety and welfare of the people of the state' (§ 28-9(b)(7)); every such order has 'the full force and effect of law' on filing; a person who 'wilfully impedes, interferes with or otherwise obstructs any lawful civil preparedness activity' or 'who violates any provision of this chapter' commits a class D felony (§ 28-22).

Retrieval note

Recorded exactly: § 28-22's offense clause reaches a person 'who violates any provision of this chapter'; the orders issued under § 28-9(b)(1) 'have the full force and effect of law' and were enforced through the penalties they created (Exs. CT-028, CT-033, CT-041, CT-045) and through the public-nuisance and closure machinery of §§ 19a-206 and 19-13-B1 as modified by EO 7PP (Ex. CT-018). EO 7ZZ § 3 (Ex. CT-021) preserves 'any other existing penalties that otherwise apply to violations of orders issued pursuant to a civil preparedness or public health emergency.' Casey v. Lamont (Ex. DUT-CT-011) held that § 28-9(b)(1) and (7) authorized the orders. Special Acts 21-2, 21-4 and 21-5 (Exs. CT-038, CT-042, CT-043) are the General Assembly's ratification and continuation of the orders.