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CO HB1013

Bill

Status

Failed

11/30/2020

Primary Sponsor

Stephen Humphrey

Click for details

Origin

House of Representatives

2020 First Special Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Public Health Care & Human Services11/30/2020

Full Bill Text

No bill text available