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Ex. DUT-CO-020 Standing duty Primary source read

Senate Bill 21-080, Protections for Entities During COVID-19 (introduced; not enacted)

Concerning Protections for Entities that Comply with Public Health Guidelines Related to COVID-19

Colorado Senate (Seventy-third General Assembly, First Regular Session); prime sponsors Sen. Woodward, Reps. Bird, Bradfield and Larson · Colorado (State)

The COVID Project

The record

Jurisdiction
Colorado
Level
State
Authority
Proposed C.R.S. § 13-21-115.8
Issued
2021-02-16 Feb. 16, 2021
Effective
Never effective (read as 2021-02-16)
End
Postponed indefinitely by the Senate Business, Labor and Technology Committee, Mar. 8, 2021 (vote 4-2) (read as 2021-03-08)
In force
Feb. 16, 2021 to Mar. 8, 2021
Limitation types
Operating condition
Addressees
  • employers; owners or persons in control of premises; every 'entity' as defined
Character
not enacted
Collection
Standing duties: Colorado DUT-CO

Operative words

An entity is not liable for any damages that result from exposure, loss, damage, injury, or death arising out of COVID-19 unless: A claimant proves by clear and convincing evidence that the exposure, loss, damage, injury, or death was caused by the entity's failure to comply with public health guidelines; or (b)... gross negligence or a willful and wanton act or omission

Penalty

n/a

What it required

Nothing (not enacted). The bill would have made an entity's 'failure to comply with public health guidelines,' defined as 'all applicable official public health guidelines, instructions, orders, and mandates related to COVID-19 issued by the governor, the Colorado Department of Public Health and Environment, or any other government or governmental subdivision or agency,' the ground of liability; its failure left the ordinary standard of care in place. Character as recorded: not_enacted (legislative history; no legal effect).

Retrieval note

Capitalization of new statutory text normalized; words unchanged. Proposed § 13-21-115.8(1)(c): "'Public health guidelines' means all applicable official public health guidelines, instructions, orders, and mandates related to COVID-19 issued by the governor, the Colorado Department of Public Health and Environment, or any other government or governmental subdivision or agency." History from leg.colorado.gov: introduced in the Senate and assigned to Business, Labor and Technology Feb. 16, 2021; postponed indefinitely 4-2 on Mar. 8, 2021; status 'Lost'.