The COVID Project
The record
- Jurisdiction
- Colorado
- Level
- State
- Authority
- Proposed C.R.S. § 13-21-115.8
- Issued
- 2021-02-16 Feb. 16, 2021
- Effective
- Never effective (read as 2021-02-16)
- End
- Postponed indefinitely by the House State, Civic, Military and Veterans Affairs Committee, Mar. 11, 2021 (vote 7-4) (read as 2021-03-11)
- In force
- Feb. 16, 2021 to Mar. 11, 2021
- Limitation types
- Operating condition
- Addressees
- employers; owners or persons in control of premises; every 'entity' as defined
- Character
- not enacted
- Collection
- Standing duties: Colorado DUT-CO
Operative words
An entity is immune from civil liability for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the entity attempts in good faith to comply with applicable guidelines unless the exposure, loss, damage, injury, or death was caused by gross negligence or a willful and wanton act or omission of the entity.
Penalty
What it required
Nothing (not enacted). Its condition shows the standard the legislature contemplated: protection only for an entity that attempted in good faith to comply with 'all applicable official public health guidelines, instructions, orders, and mandates related to COVID-19 issued by the governor, the Colorado Department of Public Health and Environment, or any other government or governmental subdivision or agency'; because it failed, Colorado businesses stood under the unmodified negligence and premises-liability standards. Character as recorded: not_enacted (legislative history; no legal effect).
Retrieval noteQuotation is proposed § 13-21-115.8(2) (capitalization of new statutory text normalized; words unchanged). Proposed (1)(c): "'Guidelines' means all applicable official public health guidelines, instructions, orders, and mandates related to COVID-19 issued by the governor, the Colorado Department of Public Health and Environment, or any other government or governmental subdivision or agency." Bill history from leg.colorado.gov: introduced in the House and assigned to State, Civic, Military and Veterans Affairs Feb. 16, 2021; motion to refer to the Committee of the Whole failed 4-7 and the bill was postponed indefinitely 7-4 on Mar. 11, 2021; status 'Lost'. Colorado therefore enacted no COVID-19 liability shield for businesses (see also Ex. DUT-CO-018, DUT-CO-020).