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99AF2E21049CD415872585C100558D0B Hearing Summary




PUBLIC
BILL SUMMARY For REVIEW OF THE 2020 EMERGENCY RELATED EXECUTIVE ORDERS MEMORANDUM

JOINT COMMITTEE COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
Date Aug 11, 2020      
Location Old State Library



Review of the 2020 Emergency Related Executive Orders Memorandum - Committee Discussion Only


09:34:29 AM  

Amanda King and Elizabeth Haskell, Legislative Council Staff, reviewed the 2020 emergency-related executive orders. A memorandum regarding the executive orders, a copy of the presentation, and a list of COVID-19 related executive orders by topic were distributed to the committee (Attachments A through C). Ms. King reviewed the executive orders issued since Governor Polis declared a disaster emergency on March 11, 2020, related to COVID-19 - in total the Governor has issued 155 executive orders. Ms. King responded to questions from the committee regarding whether any of the executive orders were being litigated. The committee further asked for information regarding whether new law could be enacted through executive order and how many executive orders essentially create new statute or conflict with existing statute. The committee further asked about the intent of the original disaster emergency statute.

09:47:52 AM  

Ms. Haskell continued by highlighting education, child-care, and health care-related executive orders. She responded to questions from the committee regarding whether the order waiving a doctor's note to obtain a medical marijuana card was still in effect. and funding for child care facilities. Ms. Haskell continued by discussing eviction and foreclosure-related orders.

09:53:40 AM  

Ms. King and Ms. Haskell responded to questions from the committee regarding eviction-related executive orders and the deadlines for tax-related suspensions.

09:57:14 AM  
Sharon Eubanks, Director of the Office of Legislative Legal
Services, came to the table to respond to questions from the committee
regarding the Governor's authority to issue executive orders. She distributed
a legal memorandum regarding the Governor's constitutional and statutory
emergency powers (Attachment D). She continued to respond to questions
from the committee regarding executive emergency powers and the duration
of disaster emergency declarations issued in the past. She discussed pending
litigation on the Governor's Executive Order limiting restaurant capacity
and the hours during which alcohol can be sold.