Rep. Monica Duran

Maddy summaryThis bill (SJR 25-001) adopts the joint rules from Colorado's Seventy-fourth General Assembly as the temporary operating procedures for the Seventy-fifth General Assembly. It directly affects the legislative process by establishing the Senate and House of Representatives' temporary rules for conducting business until new rules are adopted. The resolution does not change substantive laws or policies; it simply provides procedural continuity for the new legislative session. This is a standard procedural measure to ensure the legislature can function immediately after the session begins.

Beginning July 1, 2025, the act requires a municipality that prosecutes an act of domestic violence and that contracts directly with one or more defense attorneys to provide counsel to indigent defendants to ensure that the municipality's contract does not use a fixed or flat-fee payment structure for indigent defense services. The act requires the municipal court to instead use the same payment structure and rates that are paid by the state of Colorado to attorneys or other interdisciplinary team members under contract with the office of alternate defense counsel and consistent with chief justice directive 04-04. APPROVED by Governor June 6, 2024 EFFECTIVE July 1, 2025(Note: This summary applies to this bill as enacted.)

The act makes any annexation of lands within the exterior boundaries of a reservation of a federally recognized Indian tribe located within the state into the boundaries of a municipality invalid unless there is a resolution or ordinance approving the annexation by the tribal council or other governing body of the federally recognized Indian tribe within whose reservation the annexation will occur. APPROVED by Governor June 6, 2024 EFFECTIVE June 6, 2024(Note: This summary applies to this bill as enacted.)

The act requires an online dating service (service) to have a safety policy that includes certain elements, as detailed below. It is a deceptive trade practice if a service does not have a compliant safety policy. A safety policy must include: A description of prohibited content and conduct used by the online dating service, which must include misconduct that threatens public or personal safety; Information about whether and under what circumstances the service conducts background screenings of members who use the service (members) and whether the service excludes from membership individuals with criminal convictions; A description of whether and when the service verifies a member's identity or that the member is at least 18 years of age; A description of whether and when the online dating service, after receiving a report of prohibited content and conduct committed by a member, provides actual notice that it received the report to other members who have had contact with the member and, if so, the types of content and conduct that result in notice; A description of whether and when the service suspends a member profile or bars a member from the service as a result of reports of prohibited content and conduct committed by the member and whether the service allows a member to appeal an adverse action against the member; Guidelines for reporting prohibited content and conduct committed by a member to the service; A notice that engaging in sexual conduct with another person without the other person's consent violates the safety policy and criminal laws, and may result in criminal or civil liability; Information about resources available for members in Colorado who experience sexual assault, domestic violence, and other crimes; and Measures taken by the service that are reasonably designed to promote safer online and in-person dating experiences for members. A service shall post a link to its safety policy on the front page of its website, on the settings or similar screen of its mobile application, and in its dating service contract. A service shall submit the URL for its safety policy, including any updates, to the attorney general's office. On or before January 31, 2026, a service shall annually file a report with the attorney general's office concerning member safety and the service's compliance with the requirement to have a safety policy. Prior to commencing a deceptive trade practice enforcement action against an online dating service, the attorney general or a district attorney must issue a notice of violation to the service if the attorney general or district attorney determines it is possible for the online dating service to cure the violation. The service has 30 days after receiving notice to cure the violation. If the service does not cure the violation, the attorney general or district attorney may commence an enforcement action. The act creates a civil cause of action for a person who was tracked by means of a tracking device or tracking application to bring a claim against the actor who installed a tracking device on the person's property or who caused a tracking device or tracking application to track the person or person's property without the person's consent. Existing law prohibits posting a private image for harassment; posting a private image for pecuniary gain; and posting, possession, or exchange of a private image by a juvenile. Posting a private image for harassment or for pecuniary gain involves posting an image that depicts the private intimate parts of a person. Posting, possession, or exchange of a private image by a juvenile involves an image that depicts specified intimate parts of a person. The act makes those offenses apply to images that include simulated intimate parts of a person. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act continues the regulation of physical therapists and physical therapy assistants until September 1, 2035. The act also authorizes physical therapists to recommend and prescribe durable medical equipment to patients without a prescription from a physician. The act updates the definition of the practice of "physical therapy" to include wound debridement and also adds to the definition the ongoing review, integration, and understanding of a patient's or client's prescription and nonprescription medication regimen. The act also updates the titles and abbreviations that only a person licensed as a physical therapist or a physical therapy student may use. Currently, a physical therapist is authorized to perform wound debridement under the order of a physician or a physician's assistant. The act authorizes physical therapists to perform wound debridement under the order of an advanced practice nurse. The act clarifies that a physical therapist assistant may not perform sharp wound debridement, but may perform general wound care and nonsharp debridement. The act changes the term "foreign-trained" in reference to internationally educated applicants for licensure to instead describe an applicant who is educated by a program that is not accredited by the Commission on Accreditation in Physical Therapy Education or a comparable organization. APPROVED by Governor June 5, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act refers a ballot issue to the voters at the November 2024 general election for approval of a 6.5% excise tax on the net taxable sales of firearm dealers, firearms manufacturers, and ammunition vendors (vendors) from the retail sale of any firearm, firearm precursor part, or ammunition in Colorado. The ballot issue allows the state to keep and spend all new excise tax revenue, as a voter-approved revenue change, and specifies that the revenue, estimated at $39 million in the first fiscal year, will be used to fund mental health services, including for military veterans and at-risk youth, school safety and gun violence prevention, and support services for victims of domestic violence and other violent crimes. If voters approve the ballot issue, then the state will have the authority to impose the excise tax and the rest of the act will become effective, except that the extension of the school security disbursement program cash fund, like the provision requiring submission of the ballot issue, is effective upon passage of the act. Beginning on April 1, 2025, the act requires every vendor to file a return and remit the excise tax due on the vendor's net taxable sales of firearms, firearm precursor parts, or ammunition in the state on a monthly basis, except that a vendor making $20,000 or less in such retail sales in a previous calendar year is not required to pay the tax unless and until the vendor's retails sales exceed $20,000 in a calendar year. Sales to peace officers, law enforcement agencies, and active duty military personnel are exempt from the tax and, thus, not counted as part of a vendor's net taxable sales subject to the tax. Th act also imposes a registration requirement, making it unlawful for any person to engage in the business of a firearms dealer, firearms manufacturer, or an ammunition vendor in the state without first having registered as a vendor with the executive director of the department of revenue (executive director) on a form prescribed by the executive director. Making sales of firearms, firearm precursor parts, or ammunition without first registering with the executive director is a petty criminal offense and may also be punished by civil penalties. A vendor must file a separate registration for each of the vendor's places of business in the state, and all registrations must be renewed every 2 years. The executive director may revoke a vendor's registration, after reasonable notice and a hearing, upon a finding that the vendor has violated a provision of the excise tax statutory scheme, including by failing to file a return, remit the proper amount of tax, or preserve or allow inspection of specified books and records. A vendor's false or fraudulent return or statement or willful evasion of the excise tax is punishable by criminal penalties. All money received and collected in payment of the excise tax will be deposited, first, in the firearms and ammunition excise tax cash fund (fund) created in the act and then transferred as follows: The first $30 million in the first fiscal year and that amount as adjusted for inflation or deflation in each fiscal year thereafter to the Colorado crime victim services fund in the division of criminal justice of the department of public safety for grants to enhance or provide services for crime victims or to support crime prevention; The next $8 million in each fiscal year to the behavioral and mental health cash fund, of which $5 million must be used by the behavioral health administration (BHA), in coordination with the division of veterans affairs, to continue and expand the veterans mental health services program, while the other $3 million must be used by the BHA to continue and expand access to behavioral health crisis response system services for children and youth; and The next $1 million in each fiscal year to the school security disbursement program cash fund to fund the school security disbursement program. Subject to annual appropriation by the general assembly, the department of revenue may expend money from the fund for direct and indirect costs associated with implementing and administering the excise tax. Additionally, on June 30, 2025, and June 30, 2026, the state treasurer shall transfer from the fund to the general fund an amount of money equal to the amount of money used, if any, in the state fiscal years 2024-25 and 2025-26 from the general fund to pay the costs of implementing and administering the excise tax. The act also makes technical changes to the behavioral and mental health cash fund and related program statutes and to the administration provisions of title 39 regarding the executive director's authority to implement and administer the excise tax. For the 2024-25 state fiscal year, $383,027 is appropriated to the department of revenue, of which $172,827 is reappropriated to the department of law for the purchase of legal services, for the implementation of the act. APPROVED by Governor June 5, 2024 PORTIONS EFFECTIVE June 5, 2024 PORTIONS EFFECTIVE on the date of the official declaration by the governor NOTE: This act takes effect only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-37-201, Colorado Revised Statutes, created in section 1 of this act. If the voters approve the ballot issue, thenthis act takes effect on the date of the official declaration of the vote thereon by the governor; except that section 39-37-201, Colorado Revised Statutes, created in section 1 of this act, and section 24-33.5-1811, Colorado Revised Statutes, amended in section 3 of this act, take effect upon passage. (Note: This summary applies to this bill as enacted.)

Under existing law, an applicant for a permit to carry a concealed handgun (permit) must demonstrate competence with a handgun. An applicant may demonstrate competence with a handgun in a number of ways, including by completing a training class offered by a certified instructor within 10 years before submitting an application for a permit. Pursuant to the act, beginning July 1, 2025, an applicant may demonstrate competence with a handgun by completing a training class only if the class satisfies the minimum standards for a training class, described below, and the applicant completes the class within one year before submitting an application for a permit. The act also allows a person to demonstrate competence with a handgun for the purpose of obtaining a permit by holding a current certification as a peace officer. An initial concealed handgun training class is a law enforcement training firearms safety course or a firearms safety course taught by an instructor verified by a county sheriff (verified instructor) that is held in person and includes instruction regarding: Knowledge and safe handling of firearms and ammunition; Safe storage of firearms and child safety; Safe shooting fundamentals; Federal and state laws pertaining to the lawful purchase, ownership, transportation, use, and possession of firearms; State law pertaining to the use of deadly force for self-defense; Best practices for safely interacting with law enforcement personnel who are responding to an emergency; and Techniques for avoiding a criminal attack and how to manage a violent confrontation, including conflict resolution and judgmental use of lethal force. A student must achieve a passing score on a written concealed handgun competency exam and in a live-fire exercise to complete an initial concealed handgun training class. An initial concealed handgun training class must provide at least 8 hours of instruction, including the live-fire exercise and written exam. Beginning July 1, 2025, the act requires an applicant to renew a permit to demonstrate competence with a handgun. A renewal applicant may demonstrate competence with a handgun through participation in organized shooting competitions, current military service, or current certification as a peace officer; by being a verified instructor for firearms safety courses; by showing honorable discharge from a branch of the United States armed forces or retirement from a Colorado law enforcement agency with pistol qualifications within 10 years prior to submitting a renewal form; or completing an initial concealed handgun training class or a concealed handgun refresher class (refresher class) within 6 months prior to submitting a renewal form. A refresher class must be held in person, be taught by a verified instructor, include instruction on changes to laws related to firearms, and require a passing score on a live-fire exercise and written exam. A refresher class must provide at least 2 hours of instruction, including the live-fire exercise and written exam. The act requires a county sheriff to verify as training instructors any person whose principal place to conduct firearms training is in the sheriff's county. To be a verified instructor, a person must hold a valid concealed carry permit and be certified as a firearms instructor by a law enforcement agency, college or university, nationally recognized organization that customarily offers firearms training, or firearms training school. Denial, suspension, or revocation of an instructor verification is subject to judicial review. It is a deceptive trade practice for a person to claim to be a verified instructor for a concealed handgun training class unless the person is verified as a firearms instructor by a county sheriff. The act prohibits a person from being issued a permit if the person was convicted of certain misdemeanor offenses within 5 years before submitting a permit application. APPROVED by Governor June 4, 2024 PORTIONS EFFECTIVE August 7, 2024 PORTIONS EFFECTIVE July 1, 2025(Note: This summary applies to this bill as enacted.)

The act requires any pet animal facility (facility) licensed under the "Pet Animal Care and Facilities Act" to make every reasonable attempt to provide notification of an infectious disease outbreak at the facility to all individuals who own a pet animal that is in the possession of the facility or who used the facility during the reported outbreak and incubation period. A facility is required to provide such notification to pet animal owners within 24 hours after the facility receives notification from a licensed veterinarian or a pet animal owner, if the pet animal owner provides documentation from a licensed veterinarian or other proof of treatment, of an outbreak of an infectious disease at the facility. The act also requires any facility to disclose information regarding any outbreak of an infectious disease that occurred at the facility within the past year to any pet animal owner who requests such information. The act defines "pet animal facility" as a facility licensed under the "Pet Animal Care and Facilities Act" that is used in whole or in part for the purpose of pet animal day care or boarding, grooming, or training pet animals. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

The act requires all large group health benefit plans to provide coverage for biomarker testing to guide treatment decisions if the testing is supported by medical and scientific evidence. The act defines "biomarker testing" as an analysis of a patient's tissue, blood, or other biospecimen for the presence of an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention. The required testing under the act does not include biomarker testing for screening purposes or direct-to-consumer genetic tests. The act requires the commissioner of insurance to implement biomarker testing coverage for all large employer health benefit plans issued or renewed on or after January 1, 2025. To the extent biomarker testing is not in addition to the benefits provided pursuant to the benchmark plan, all individual and small group health benefit plans must provide coverage for biomarker testing. Within 120 days after the act takes effect, the division of insurance (division) shall submit to the federal department of health and human services (HHS) its determination of whether biomarker testing is in addition to essential health benefits and would require state defrayal of costs pursuant to federal law. The division shall implement the requirement for coverage for biomarker testing for individual and small group health benefit plans within 12 months after the earlier of the division receiving confirmation from HHS that biomarker coverage does not require defrayal or more than 365 days passing since the division submitted its determination that defrayal was not necessary. Biomarker testing is subject to the health benefit plan's annual deductibles, copayment, or coinsurance but is not subject to any annual or lifetime maximum benefit limit. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)