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Legislative Council StaffNonpartisan Services for Colorado’s LegislatureMemorandumRoom 029 State Capitol, Denver, CO 80203-1784Phone: (303) 866-3521 Fax: (303) 866-3855lcs.ga@state.co.us leg.colorado.gov/lcsUpdated November 6, 2020TO:Interested PersonsFROM:Juliann Jenson, Research Analyst, 303-866-3264SUBJECT:Executive Summary of the Governor’s Executive Orders Issued During COVID-19SummaryThis memorandum provides an executive summary of the various Executive Orders issued during thedeclared disaster emergency related to COVID-19 in Colorado. The full text of the Governor’s ExecutiveOrders can be found ive-orders.Emergency DeclarationOn March 10, 2020, Colorado Governor Jared Polis verbally declared a disaster emergency pursuant to theColorado Disaster Emergency Act due to the presence of COVID-19 in the state. Executive OrderD 2020-003 memorialized this declaration a day later. A disaster emergency allows the Governor to activateauthorities and resources that are unavailable in non-emergencies and specifically authorizes theadministration to take steps, such as suspending certain statutes, rules, and regulations, to limit the spreadof COVID-19.The Governor has extended the order declaring a disaster emergency ten times: D 2020-018, D 2020-032,D 2020-058, D 2020-076, D 2020-109, D 2020-125, D 2020-152, D 2020-176, D 2020-205, and D 2020-234.Executive OrdersSince the declaration of a disaster emergency, Governor Polis has issued over 200 executive orders inresponse to COVID-19. Executive orders typically expire after 30 days. Approximately 40 of theGovernor’s orders establish a directive or suspend statute, with the majority of the others extending oramending the initial orders.
The executive orders are summarized by topic in alphabetical order below.Alternate care sites. Executive Order D 2020-071 allows the operation of alternate care sites across thestate in the event COVID-19 overwhelms hospital resources. Extensions and related orders: D 2020-107,D 2020-137, D 2020-163, D 2020-189, D 2020-218.Ballot petitions (expired August 10, 2020). Executive Orders D 2020-065 and D 2020-103 authorized theColorado Secretary of State to establish temporary rules to permit signature gathering for ballot initiativesby mail and email. The executive orders also suspended Colorado law that required signatures to besubmitted within six months after ballot language is finalized and instead allowed signatures to besubmitted by the deadline set in the constitution, which was August 3, 2020.The Colorado Supreme Court, however, ruled that the Governor cannot suspend constitutionalrequirements by executive order, thereby requiring initiative proponents to gather signatures in person. Inresponse, Executive Order D 2020-128 deleted sections of the previous order concerning signaturegathering, but left in the one regarding the August 3 deadline.Candidate petitions (expired July 28, 2020).Executive Order D 2020 053 extended the date thatunaffiliated and independent candidates may begin collecting signatures. Extensions and related orders:D 2020-085, D 2020-119, D 2020-148.Colorado Department of Public Health and Environment (CDPHE) reallocate existing funds fromcontracts with local public health agencies (expired June 16, 2020). Executive Order D 2020-066authorized CDPHE to reallocate existing funds from contracts with local public health agencies forCOVID-19 response activities, and permits the use of certain funds to conduct research to better serveminority and traditionally disadvantaged communities.COVID-19 dial framework. Executive Order D 2020-235 combines the Protect Our Neighbors, Safer atHome in the Vast, Great Outdoors, and Stay at Home directives into one framework called the dial. Theframework puts each county into one of five dial levels based on the number of COVID-19 cases andhospitalizations, percentage of tests coming back positive, and whether these measures are improving orgetting worse.Criminal justice. Executive Order D 2020-016 outlines ways in which to reduce and more easilymanage the inmate population during COVID-19 and also addresses community correctionsfacilities, intensive supervision placement criteria, and county jail transfers. Extension and related orders:D 2020-043, D 2020-078, D 2020-112, D 2020-140, D 2020-166, D 2020-192, D 2020-221.Department of Human Services federal funds (expired August 26, 2020). Executive Order D 2020-120directed the Colorado Department of Human Services (CDHS) to access federal funds for child careservices. Executive Order D 2020-149 allowed the CDHS to access additional federal funds in order forcounties to reimburse operating child care programs where enrollment is down as a result of the pandemic.Economic relief. Executive Order D 2020-230 provides a one-time payment of 375 to Coloradans whoearn less than 52,000 a year and have filed for unemployment benefits during the COVID-19 pandemic.Elections. Executive Orders D 2020-005 and D 2020-008 direct the Secretary of State to amend rules to limitin-person contact during elections to allow the 2020 Primary Election to proceed without interruption. TheSecretary of State was also authorized to adopt rules to provide necessary guidance for conductingelections during a public health emergency. Extensions and related orders: D 2020-036, D 2020-061,D 2020-095, D 2020-129, D 2020-155, D 2020-179, D 2020-209, D 2020-231.2
Evictions (expired October 22, 2020). Executive Order D 2020-101 requires landlords to give 30 days noticeto tenants who are late on their rent before initiating an eviction and clarifies that tenants have theopportunity to cure any default for nonpayment. It also prohibits landlords and lenders from charginglate fees or penalties due to nonpayment, but does not relieve an individual from their obligation tomake mortgage or rent payments. Extensions and related orders: D 2020-134, D 2020-162, D 2020-185,D 2020-202.Evictions, foreclosures, and public utility disconnections and expediting unemployment insuranceclaim processing (expired June 13, 2020). Executive Order D 2020 012, among other things, imposedtemporary limitations on evictions, foreclosures, and public utility disconnections. Extensions and relatedorders: D 2020-031, D 2020-051, D 2020-088.Eviction moratorium. Executive Order D 2020-223 requires residential and commercial landlords toadhere to certain requirements before evicting tenants who have been economically harmed by COVID-19.Executive Order D 2020-227 reinstates a state eviction moratorium and bans landlords from evicting tenantswho can prove financial hardship from the pandemic.Face coverings. Executive Order D 2020 039 requires that all workers at critical businesses wear a nonmedical mask covering their nose and mouth while at work. Subsequent orders requires all Coloradansover the age of ten to wear non-medical grade face coverings in a “Public Indoor Space.” Extensions andrelated orders: D 2020-067, D 2020-092, D 2020 110, D 2020 138, D 2020-164, D 2020-190, D 2020-219, D2020-237.Federal funds under the Coronavirus Aid, Relief, and Economic Security Act of 2020. Executive Order D2020-070 directs the expenditure of the approximately 1.67 billion the Colorado state government receivedfrom the federal CARES Act emergency COVID-19 funding from Congress. Executive Order D 2020-081broadens the allowable uses for this money. Executive Order D 2020-216 increases and reallocates thesefunds to the Department of Corrections, Department of Human Services, food banks, housing programs,and state payrolls, among other areas.Food trucks at rest stops (expired September 26, 2020). Executive Order D 2020-056 allows food trucks tooperate at Colorado’s rest areas to support truckers and the movement of commercial vehicles. Extensionsand related orders: D 2020-090, D 2020-122, D 2020-151, D 2020-174.Furloughs. Executive Order D 2020-203 orders most of Colorado’s state government employees to take anunpaid furlough to help address the state’s budget shortfall. The order applies to executive branchemployees making more than 50,000 a year and is tiered to lessen the impact on lower-wage employeesand government services.Health care workforce. Executive Order D 2020-038 provides hospitals and other health care providersmore flexibility to expand the trained medical personnel available to provide health care services withininpatient facilities. Extensions and related orders: D 2020-063, D 2020-097, D 2020-131, D 2020-158, D 2020182, D 2020-212, D 2020-240.Home health workforce. Executive Order D 2020-077 provides protections for Colorado’s Medicaid homehealth workforce, reduces the need for in-person visits, and eliminates cost-sharing for COVID-testing andtreatment for Medicaid enrollees. Extensions and related orders: D 2020-108, D 2020-139, D 2020-165,D 2020-191, D 2020-220.Housing assistance (expired July 13, 2020). Executive Order D 2020-099 provided housing assistance andrelief to Coloradans affected by COVID-19.3
Income tax (expired July 15, 2020). Executive Order D 2020-010 suspended the normal 2019 income taxpayment deadline to July 15, 2020. Extensions and related orders: D 2020-040, D 2020-069, D 2020-105.Juvenile justice. Executive Order D 2020-034 suspends the authority given to the juvenile parole boardand authorizes CDHS to assess whether a juvenile may be released to parole. The order also temporarilywaives mental health facility requirements regarding patient visitation and clothing. Extensions andrelated orders: D 2020-060, D 2020-094, D 2020-126, D 2020-153, D 2020-177, D 2020-206, D2020-236.Learning pods. Executive Order D 2020-188 facilitates home-based learning pods for Colorado studentsby temporarily suspending state child care licensure rules. Extensions and related orders: D 2020-217.Local sales tax - extension for filing (expired June 4, 2020). Executive Order D 2020-023 provided a onemonth extension for filing and remitting state and state-administered local sales tax and was extended foranother 30 days by D 2020-057.Marriage licenses. Executive Order D 2020-014 allows county clerk and recorder’s offices thatare closed due to COVID-19 to issue marriage licenses remotely. Extensions and related orders:D 2020 028, D 2020-048, D 2020-083, D 2020-117, D 2020-146, D 2020-172, D 2020-200, D2020-228.Medicaid and CHP Eligibility. Executive Order D 2020 068 temporarily suspends certain statutes tomaintain eligibility for Coloradans enrolled in Medicaid and the Children’s Basic Health Plan. Extensionsand related orders: D 2020-104, D 2020-136, D 2020-160, D 2020-183, D 2020-214.Notary (expired June 29, 2020). Executive Order D 2020-019 authorized remote online notarizations.Extensions and related orders: D 2020-030, D 2020-047, D 2020-087.Nursing homes and other congregate care facilities - additional funds (expired June 29, 2020). ExecutiveOrders D 2020-054 and D 2020-086 directed the Colorado Department of Health Care Policy and Financingto provide additional funds to nursing homes and other congregate care facilities in response to COVID19.Open burns. Executive Order D 2020-037 provides boards of county commissioners with broaderdiscretion and greater flexibility to implement restrictions on open burning due to COVID-19. Extensionsand related orders: D 2020-062, D 2020-096, D 2020-130, D 2020-156, D 2020-180, D 2020-210, D 2020-238.Protect our neighbors (replaced by D 2020-235 on October 30, 2020). Executive Order D 2020-127 allowslocal communities to move from the requirements in the “Safer at Home in the Vast, Great Outdoors”order to the “Protect Our Neighbors” phase of the COVID-19 response. Extensions and related orders:D 2020-154, D 2020-178, D 2020-207.Public utilities. Executive Order D 2020-098 provides relief to public utility customers to mitigate, respondto, and recover from the current economic disruption due to COVID-19. Extensions and related orders:D 2020-132, D 2020-157, D 2020-181, D 2020-211, D 2020-239.Safer at home (expired June 25, 2020). Executive Orders D 2020-044 and D 2020-079 permitted the limitedreopening of certain business operations but continued the stay at home requirements for vulnerableindividuals.Safer at home and in the vast, great outdoors (replaced by D 2020-235 on October 30, 2020). ExecutiveOrder D 2020 091 transitions Safer at Home to Safer at Home in the Vast, Great Outdoors, which encourages4
individuals to enjoy Colorado’s outdoor spaces at a safe social distance in addition to staying at homeas much as possible. Extensions and related orders: D 2020-123, D 2020-142, D 2020-144, D 2020-170,D 2020-199, D 2020-213.Schools (expired June 21, 2020). Executive Order D 2020-007 suspended in-person instruction for allpublic, and private elementary and secondary schools, the Charter School Institute, and preschools onpublic campuses. Extensions and related orders: D 2020-021, D 2020-035, D 2020-041, D 2020-074.Signature collection for unaffiliated and independent candidates (expired September 10, 2020).Executive Order D 2020-064 temporarily suspended the statutory provisions requiring registered electorsto sign petitions for unaffiliated and independent candidates in the presence of a petition circulator. It alsoauthorized the Secretary of State to issue rules that allow for signature collection in a way that protectspublic health during COVID-19. Extensions and related orders: D 2020-102, D 2020-135, D 2020-159.Ski resorts (expired May 30, 2020). Executive Order D 2020-004 required all Colorado ski resorts to closefor one week. Extensions and related orders: D 2020-006, D 2020-026, D 2020-049.State issued licenses. Executive Order D 2020-015 authorized the Executive Directors of certain stateagencies to promulgate emergency rules extending the expiration date of over 100 different licenses,permits, registrations, designations, certifications, passes, authorizations, and endorsements, unlessthe renewal process may be completed online. Extensions and related orders: D 2020-042, D 2020-075,D 2020-111, D 2020-141, D 2020-167, D 2020-195, and D 2020-224.State severance tax – one month extension for filing (expired May, 2020). Executive Orders D 2020-033and D 2020-059 extended deadlines for state severance taxes from April 15, 2020 until May 15, 2020.Stay at home (expired May 6, 2020). Executive Orders D 2020-017 and D 2020-024 ordered Coloradans tostay at home due to COVID-19.Surgeries – limited. Executive Order D 2020-045 permits voluntary or elective surgeries to begin againunder certain conditions. Extensions and related orders : D 2020-080, D 2020-114, D 2020-145, D 2020-169,D 2020-198, D 2020-225.Surgeries – temporary cessation (expired April 26, 2020). Executive Orders D 2020-009 and D 2020-027directed medical facilities to cease all elective and non-essential surgeries from March 23, 2020, until April26, 2020.Suspension of programs and services due to insufficient revenues (expired June 30, 2020). ExecutiveOrder D 2020 050 restricted state spending for the current fiscal year ending June 30, 2020. Thesequestration plan, as outlined in the order, reduced spending by 228.7 million across 16 different stateagencies to maintain the statutory reserve requirements in state law.Executive Order 2020-113 rescinded D 2020-050, because House Bill 20-1360, also known as the Long Bill,replicated the order’s suspension or discontinuation of 228.7 million in government programs through theend of Fiscal Year 2019-2020.5
Suspension of statutes. Executive Order D 2020-011 suspends statutes that prevent bars and restaurantsfrom selling alcohol beverages for off-premises consumption, temporarily allows curbside delivery atmarijuana dispensaries, and permits doctors to issue medical marijuana cards remotely. Subsequentrelated orders suspended and reinstated statutes regarding alcoholic beverage containers, gaming, sexoffender registry, and vehicle weights. Extensions and related orders: D 2020-029, D 2020-052, D 2020-084,D 2020-093, D 2020-118, D 2020-147, D 2020 173, D 2020-201, D2020-229.Taxable property (expired August 27, 2020). Executive Order D 2020-022 suspended calendar year 2020taxpayer filing deadlines requirements for certain taxable property and directed Department of LocalAffairs to issue emergency rules to extend filing deadlines. Extensions and related orders: D 2020-055,D 2020-089, D 2020-121, D 2020-150.Telehealth (expired July 27, 2020). Executive Order D 2020-020 expanded the use of telehealth services.Extensions and related orders: D 2020-046, D 2020-082, D 2020-116.Unemployment insurance claims. Executive Order D 2020-100 orders 1.0 million from the DisasterEmergency Fund continue to be available to improve and expedite services offered to individualsapplying for unemployment insurance. Extensions and related orders: D 2020-133, D 2020 161, D 2020 184,D 2020-215.Wildfire emergency response fund (expired June 21, 2020). Executive Order D 2020-072 directed thetransfer of 763,000 from the Disaster Emergency Fund to the Wildfire Emergency Response Fund tosupport firefighting operations that have been strained due to challenges caused by COVID-19.Workforce in-person reduction (expired April 6, 2020). Executive Order D 2020-013 ordered all Coloradoemployers to reduce their in-person workforce by at least 50 percent beginning March 24, 2020, throughApril 10, 2020, while encouraging employers to implement telework, other work-from-home arrangements,staggered work schedules, or social distancing measures. This order was rescinded by D 2020-025.6
Attachment ACOVID-19-related Executive Orders By TopicNumberDate IssuedTitleAlternative Care SitesD 2020-0715/20/2020Temporarily Suspending Certain Statutes to Allow the Operation of Alternate Care Sitesin Colorado Due to the Presence of COVID-19D 2020-1076/18/2020Extending Executive Order D 2020 071 Concerning the Suspension of Statutes to Allowthe Operation of Alternate Care Sites in Colorado Due to the Presence of COVID-19D2020 -1377/15/2020Amending and Extending Executive Orders D 2020 071 and D 2020 107 Concerning theSuspension of Statutes to Allow the Operation of Alternate Care Sites in Colorado Dueto the Presence of COVID-19D 2020-1638/12/2020Extending Executive Orders D 2020 071, D 2020 107, and D 2020 137 Concerning theSuspension of Statutes to Allow the Operation of Alternate Care Sites in Colorado Dueto the Presence of COVID-19D 2020-1899/10/2020Extending Executive Orders D 2020 071, D 2020 107, D 2020 137, and D 2020 163Concerning the Suspension of Statutes to Allow the Operation of Alternate Care Sites inColorado Due to the Presence of COVID-19D 2020-21810/9/2020Amending and Extending Executive Orders D 2020 071, D 2020 107, D 2020 137, D2020 163, and D 2020 189 Concerning the Suspension of Statutes to Allow the Operationof Alternate Care Sites in Colorado Due to the Presence of COVID-19Ballot Petitions - ExpiredD 2020-0655/15/2020Ordering the Temporary Suspension of Certain Regulatory Statutes ConcerningSignature Collection for Ballot Issues and Authorizing the Secretary of State to CreateTemporary Rules for Registered Electors To Receive and Return Issue Petitions OverMail and Email Due to the Presence of COVID-19D 2020-1036/13/2020Extending Executive Order D 2020 065 Ordering the Temporary Suspension of CertainRegulatory Statutes Concerning Signature Collection for Ballot Issues and Authorizingthe Secretary of State to Create Temporary Rules for Registered Electors To Receiveand Return Issue Petitions Over Mail and Email Due to the Presence of COVID-19D 2020-1287/10/2020Amending and Extending Executive Orders D 2020 065 and D 2020 103 in Light of theColorado Supreme Court’s Decision in Ritchie v. PolisCandidate Petitions - ExpiredD 2020-0534/30/2020Ordering the Temporary Suspension of Certain Regulatory Statutes Concerning PetitionGathering for Unaffiliated and Independent Candidates for Office Due to the Presenceof COVID-19D
Executive Order D 2020-010 suspended the normal 2019 income tax payment deadline to July 15, 2020. Extensions and related orders: D 2020-040, D 2020-069, D 2020-105. Juvenile justice. Executive Order D 2020-034 suspends the authority given to the juvenile parole board and authorizes CDHS to assess whether a juvenile may be released to parole.
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