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J_ECLC_2020A 08/11/2020 09:32:59 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
JOINT COMMITTEE COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL
Date 08/11/2020
Attendance
Fenberg X
Garnett X
Holbert X
Neville X
Garcia X
Becker X
Time 09:32:59 AM to 01:29:26 PM
Place Old State Library
This Meeting was called to order by Representative Becker
This Report was prepared by Elizabeth Burger
Hearing Items Action Taken
Introductory Comments Committee Discussion Only
Review of the 2020 Emergency Related Executive Orders Memorandum Committee Discussion Only
Discussion on 2020 Emergency Related Executive Orders and COVID-19 Disaster Response Committee Discussion Only

X = Present, E = Excused, A = Absent, * = Present after roll call

Introductory Comments - Committee Discussion Only


09:33:36 AM  
Speaker Becker called the meeting to order.
 All members of the Executive Committee of the Legislative Council
were present.  In addition, the following members of the Joint Budget
Committee were present: Representatives McCluskie, Ransom, and Esgar, and
Senators Zenzinger and Moreno.  Senator Rankin was excused.  Speaker
Becker gave an overview of the meeting's purpose and agenda, noting that
the meeting is required by House Bill 20-1426.



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.



Discussion on 2020 Emergency Related Executive Orders and COVID-19 Disaster Response - Committee Discussion Only


10:12:56 AM  
Kachina Weaver, representing Governor Polis' office, came to the table to discuss the COVID-19 disaster response.
10:17:12 AM  

Kacey Wulff, Senior Advisor for COVID-19 Response, Resilience, and Recovery, gave an overview of the state's response to the COVID-19 pandemic. A copy of the presentation was distributed to the committee (Attachment E). She responded to questions from the committee regarding hospital capacity. She discussed the three phases of the state's response, including Stay at Home, Safer at Home, and Protect our Neighbors. She discussed the ability of local governments to seek variances to state restrictions if they meet specific virus control metrics.

10:29:51 AM  

Ms. Wulff continued the presentation by discussing the structure of the state's response teams. She also discussed the Colorado COVID-19 relief fund.

10:33:59 AM  
Ms. Wulff responded to questions from the
committee regarding the magnitude of the response to the virus in Colorado,
especially as compared to the H1N1 flu virus deaths in the country and
in the state.  The committee continued to ask questions about the
closure of businesses in the state, the stay home order, and what constitutes
essential business.
10:46:24 AM  
Jill Ryan, Executive Director of the Colorado Department
of Public Health and Environment, discussed the state's public health response
to COVID-19. She highlighted response strategies, including issuing public
health orders, tracking epidemiological indicators, and coordinating testing.
She responded to questions from the committee regarding COVID-19 outbreaks,
testing capacity in Colorado, incidents of COVID-19 that are asymptomatic,
how the virus manifests in patients, how the state works with local public
health agencies, and testing practices statewide.
11:12:36 AM  

Ms. Ryan continued her presentation by discussing the local variance process, testing capacity in the state, and reported positive tests versus estimated total number of cases. She responded to questions from the committee regarding how the incidence rate is affected by tourism.

11:18:08 AM  

Ms. Wulff responded to questions from the committee regarding school reopening guidance.  She responded to questions from the committee regarding masks for educators.

11:23:56 AM  
Ms. Wulff responded to questions from the committee regarding
support for child care facilities. Ms. Ryan responded to committee questions
regarding federal public health money for local public health agencies
and the communication between the state and local public health agencies.
11:30:24 AM  
Stan Hilkey, Executive Director of the Department of Public
Safety, discussed the state's public safety response to the COVID-19 pandemic.
He reviewed the different efforts to address COVID-19, including public
health rapid response, health care management, consequence management,
and resource management.
11:37:41 AM  

Kevin Kline, Director, Division of Homeland Security and Emergency Management, discussed the emergency management response in the state. He discussed alternative care sites, noting they are not currently being used, but are available if cases increase. Committee discussion on this issue continued. The committee discussed federal funding for alternative care sites, and the potential impact of the President's recent executive orders on federal emergency funding. Mr. Kline further responded to questions from the committee regarding the use of the National Guard for testing support.

11:57:59 AM  

Mr. Kline discussed how COVID-19 has affected evacuation and emergency planning for the wildfire season. He discussed personal protection equipment coordination.

12:00:31 PM  
Ms. Wulff discussed the Governor's executive
orders issued related to COVID-19 and responded to questions from the committee
regarding the orders, how schools will address COVID-19 and the flu occurring
at the same time in winter, and how incidents of sickness will be handled
in schools.  Committee discussion on this issue continued.
12:12:10 PM  
Lauren Larson, Director, Governor's Office
State Planning and Budgeting, discussed the state's financial response
to COVID-19.  She discussed how federal funds were distributed through
state agencies, and noted that $1.2 billion was appropriated through the
FY 2020-21 Long Appropriation bill. She discussed expenditures related
to alternative care sites, and highlighted the need for additional federal
funding for disaster response.  She discussed unemployment insurance
and the solvency of the unemployment insurance fund.
12:26:29 PM  
Ms. Larson continued by discussing the ongoing need for federal
action on enhanced unemployment benefits, and how that affects housing
security, layoffs, and business closures in Colorado.  She gave an
initial general fund revenue update.  Ms. Larson responded to questions
from the committee regarding mortgage assistance.
12:32:51 PM  
Ms. Larson responded to questions from
the committee regarding federal funding that flows directly to providers
and local entities.  
12:39:14 PM  
The committee recessed.  The afternoon portion of the
Executive Committee meeting is reflected in a seperate summary, but the
audio recording for this date contains the audio for both meetings.


01:29:26 PM   The committee adjourned.