CLICS/CLICS2023A/commsumm.nsf
PUBLIC
BILL SUMMARY For MODEL PUBLIC HEALTH EMERGENCY AUTHORITY ACT
JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Dec 8, 2023
Location HCR 0112
Model Public Health Emergency Authority Act - Will not proceed forward this year
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10:57:38 AM |
There was no
public testimony on this agenda item. Commissioner Levy asked if there
is current law regarding governor authority and if anything would need
to be repealed because of the act, or, if there is no clear authority in
statute then should the commission proceed forward with the act to fill
this gap. Jennifer Berman, OLLS, answered that there is existing
authority for the governor to declare an emergency disaster under section
24-33.5-704 where it lists various circumstances that qualify. And in section
24-33.5-703.3 definitions of disaster include declaring an emergency epidemic.
Strikethrough language was not included in the draft because it was not
clear if the model act would necessarily override existing authority or
was intended to work with it. Also, the model act required the creation
of a new part and not just a section within current law and the new section
could not be placed close to current law. She suggested that the commission
should also consider the Department of Public Health and Environment's
existing authority with regards to public health emergency statewide responses
for controlling epidemics found in section 25-1.5-101 and 102. Commissioner
Levy thanked Ms. Berman and noted that the act states that it creates the
exclusive emergency authority for the Governor which would seem to override
any other statutory authority.
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11:07:51 AM |
Commission consensus
was to not pursue introducing this act this year.
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