GOVERNORS; EXECUTIVE ORDERS;

GOVERNOR'S OFFICE; EXECUTIVE ORDERS;

OLR Research Report


June 18, 2003

 

2003-R-0479

EXECUTIVE ORDERS

By: Sandra Norman-Eady, Chief Attorney

You asked (1) by what authority the governor can issue executive orders, (2) whether there are any limitations on the subject of these orders, (3) if he can change the duration of non-citizens’ drivers’ licenses by executive order, and (4) if, and under what circumstances, orders have been issued that have attempted to amend statutory law.

The Office of Legislative Research is not authorized to give legal opinions and this report should not be considered one.

SUMMARY

BACKGROUND—DRIVERS’ LICENSE LEGISLATION

GOVERNOR’S AUTHORITY TO ISSUE EXECUTIVE ORDERS

State Constitution

State Statutes

Table 1: Governor’s Authority to Issue Orders or Proclamations

Statutory Citation

Subject Matter

CGS 3-6a

Issue an order for travel on state streets and highways closed due to natural emergency

CGS 3-6b

Proclaim or issue an order declaring a transportation emergency

CGS 4-11 and 12

Issue an order to suspend or remove an executive branch commissioner

CGS 5-254

Issue an order listing paid state holidays

CGS 16a-11

Proclaim an energy emergency

CGS 22a-148

Issue an order, during an emergency, waiving the prohibition against the use of ionizing radiation

CGS 22a-161

Issue an executive order for the state to become a party to the Northeast Interstate Low-level Radioactive Waste Management Compact

CGS 27-5

Issue an executive order making applicable to the Navy any provision of state militia law necessary and proper for regulating the Navy that does not conflict with U. S. Navy regulations

CGS 27-2 et seq.

Issue military orders during time of peace

CGS 28-9

Declare a civil preparedness emergency

CGS 42-231

Declare a product supply or service emergency

GOVERNOR’S POWER TO LIMIT DURATION OF DRIVERS’ LICENSES

Possible Sources of Power

Analysis

Article Third, 1 of the state constitution vests the legislative power of the state “in two distinct houses or branches; the one to be styled the senate, the other the house of representatives, and both together the general assembly. ” Unlike the U. S. Constitution, which enumerates Congress’ legislative powers, the Connecticut Constitution does not specifically enumerate the General Assembly’s powers. It is well established that the General Assembly therefore has the power to enact any legislation except that which violates the U. S. Constitution or other provisions of the state constitution (see Patterson v. Dempsey, 152 Conn. 431, 444 (1965)). The legislative power includes the authority to make, alter, and repeal laws (16A Am. Jur. 2nd 276).

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