Colorado Gov. Jared Polis has made several executive decisions in response to the coronavirus pandemic, prompting questions from some Denver Post readers about how far the governor’s authority extends.
He has required restaurants and bars to shut down except for delivery and takeout orders, recommended limiting attendance at public gatherings and asked insurers to cover testing for the coronavirus. He also ordered that businesses give paid sick time to hourly employees if they display symptoms and are getting tested for the virus.
Polis’ March 10 declaration of a state of emergency triggered a vast list of orders he can give, as well as expanding the state’s ability to get more federal resources, according to a memo from legislative staff. The emergency declaration is for 30 days but can be extended. The governor doesn’t have the expertise to address all of these issues, so he relies on the advice of public health experts, or an “emergency epidemic response committee.” State law gives public health officials authority to implement these changes during an epidemic.
Here are nine key emergency powers of the Colorado governor:
Order the isolation or quarantine of people or property. While the governor hasn’t ordered everyone to be completely quarantined in their homes so far, public health agencies have recommended social distancing. Polis also ordered that restaurants and bars — except for takeout and delivery — as well as theaters and gyms close.
Tap into emergency money to pay for the response. The governor can use the state’s disaster emergency fund and emergency reserve fund, transfer money from other funds, and decide how much state and local governments will contribute to cover cost shares required by federal law for federal disaster relief funds, with notification to the General Assembly’s Joint Budget Committee.
Suspend state laws. The governor has the authority to suspend statutes that regulate state business if they would either prevent or delay an emergency response.
Use private property. If an emergency requires it, the governor can order that the state commandeer someone’s private property for disaster response. The owners would be compensated.
Order evacuations. The governor can require people to evacuate, using certain routes or modes of transportation, and control people’s movement into or out of disaster areas.
Suspend or limit some sales. The governor can temporarily stop or limit the sale or movement of alcoholic beverages, firearms and explosives.
Regulate how corpses and infectious waste should be disposed. This is a power given to the governor in a state of emergency, but so far, we haven’t seen an executive order related to this. He can also regulate how to destroy or decontaminate property that could be hazardous to public health.
Call a special session of the General Assembly. Legislative leaders voted Saturday to suspend the 120-day session for two weeks — a pause that can be extended. Polis could also set a different meeting place for the legislature if the Colorado Department of Public Health and Environment decided the Capitol was uninhabitable, or convene a special session.
Call out the militia. The Colorado Constitution has designated the governor as the commander-in-chief for the state’s military forces and allows him to activate them — when they’re not in service to the U.S. — to “execute the laws, suppress insurrection, or repel invasion,” according to the memo. Polis has activated the Colorado National Guard to assist with additional testing capacity and training, and to work with state and local partners.
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