The COVID Project
The record
- Jurisdiction
- Colorado
- Level
- State
- Authority
- Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 et seq.
- Issued
- 2018-10-01 Oct. 1, 2018
- Effective
- In force throughout 2020 Q2 - 2021 Q3 (read as 2018-10-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Oct. 1, 2018 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationStay-at-homeBusiness closureStanding duty
- Addressees
- persons generally; employers; owners or persons in control of premises
- Character
- statutory authority
- Collection
- Standing duties: Colorado DUT-CO
Operative words
Under this part 7, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of law.... (7)... the governor may:... (g) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein.
Penalty
The Act itself prescribes no penalty for violating an executive order. Enforcement in Colorado ran through the implementing CDPHE order (§ 25-1-114: Ex. CO-012 with CO-013), summary suspension of business licenses (D 2020 138 § K, Ex. CO-031) and prosecution for trespass (D 2020 138 § H, Ex. CO-031).
What it required
Gave every gubernatorial executive order issued under the disaster declaration (D 2020 003 and its successors) the force and effect of law, and authorized the Governor to control the movement of persons and the occupancy of premises, the authority recited for D 2020 013, D 2020 017, D 2020 044, D 2020 138 and D 2020 235. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval notePin: pp. 711-712 of the OLLS 2018 Title 24 PDF (section heading and subsections (1)-(6) p. 711; subsection (7) p. 712). Subsection (4): a disaster emergency 'shall continue until the governor finds that the threat of danger has passed... but no state of disaster emergency may continue for longer than thirty days unless renewed by the governor', which is why the CO disaster orders were renewed monthly (Ex. CO-001, CO-069, CO-043 to CO-046). Subsection (7)(a): the Governor may 'Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules, or regulations of any state agency' (the basis of D 2020 011 and D 2020 015, Ex. CO-008, CO-087). D 2020 235 recites § 24-33.5-704(7)(h) for alcohol last-call limits (Ex. CO-035). The exhibit is the whole OLLS 2018 edition of Title 24 (11.3 MB).