Colorado Republicans introduce bills to amend how public health orders work and affect local businesses

DENVER, Colo. (KRDO) -- Tuesday, Colorado Republicans introduced two new bills that would amend how public health orders work and affect local businesses.

SB21-005 Small Business Fairness Act

• Certain businesses would be allowed to stay open during an emergency declaration or epidemic. To stay open, businesses would need to meet specific requirements, including:
  • Selling products or services that other businesses in the area not subject to closure also sell.
  • The business complies with any safety precautions that the order requires of businesses that are allowed to stay open.
• This bill could increase the workload from the Department of Public Health and Environment and decrease the workload in the Judicial Department

SB21-036 Additional Requirements Issue Emergency Public Health Order

• Stage agencies would be required to follow the Administrative Procedures Act (APA) requirements for emergency rules when issuing an emergency public health order. To extend past the 120-day limit on emergency rules, an agency is required to adopt permanent rules under the APA. That includes the Department of Public Health and Environment.
• This would increase General Fund expenditures for the CDPHE conditioned on the need to issue an emergency public health order. If emergency orders become more frequent after the pandemic, the CDPHE may seek additional funding through the annual budget process.