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CO HB1013
Bill
Status
11/30/2020
Primary Sponsor
Stephen Humphrey
Click for details
AI Summary
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Requires emergency orders that bind or regulate the public to be narrowly tailored to serve a compelling public health or safety purpose and limited in duration, applicability, and scope to minimize infringement on individual liberty.
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Grants state courts jurisdiction to hear challenges to emergency orders within 72 hours of filing and mandates strict scrutiny review; allows courts to invalidate orders showing unequal impact on analogous groups or circumstances.
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Restricts issuance of emergency orders that infringe constitutional rights to the governor only; identifies protected rights including travel, work, assembly, speech, religious exercise, contract and property rights, and firearm purchases.
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Emergency orders infringing constitutional rights expire in 7 days unless the general assembly is in regular session with 15+ days to ratify by 2/3 vote or terminate by majority vote, or the governor calls a special session; orders expire in 30 days otherwise unless ratified by 2/3 supermajority vote.
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Prohibits governor from reissuing an emergency order that expired without legislative approval or was terminated unless the general assembly ratifies it by 2/3 vote of both houses; permits nonbinding recommendations and guidelines without enforcement provisions.
Legislative Description
Emergency Powers Checks And Balances Act
State Government
Last Action
House Committee on Public Health Care & Human Services Postpone Indefinitely
11/30/2020