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
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 noteCapitalization 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'.