Sen. Byron Pelton

The act concerns the use of telehealth to provide veterinary services. The act defines different types of telehealth tools that can be used in a veterinary practice. In current law, one criterion for the establishment of a veterinarian-client-patient relationship is that the veterinarian has conducted an examination of the animal that is the patient. The act clarifies that the examination must be an in-person, physical examination. The act also extends the veterinarian-client-patient relationship to other licensed veterinarians who share the same physical premises as the veterinarian who established the relationship if the other veterinarians have access to and have reviewed the patient's medical records. The act allows a licensed veterinarian who has established a veterinarian-client-patient relationship to use telehealth to provide veterinary services to clients and patients in Colorado with the consent of the client. A licensed veterinarian may also refer a patient to a veterinary specialist, who may provide veterinary services via telemedicine under the referring veterinarian's veterinarian-client-patient relationship. The act authorizes the state board of veterinary medicine to establish rules for the use of telehealth to provide veterinary services. The act clarifies that only a licensed veterinarian with an established veterinarian-client-patient relationship may prescribe medication using telemedicine. The act allows a licensed veterinarian who has established a veterinarian-client-patient relationship to supervise a registered veterinary technician who is not located on the same premises using telesupervision if the veterinarian and the registered veterinary technician are employees of the same veterinary practice location, the veterinary professionals are licensed or registered in Colorado, and the patient is located in Colorado. The act establishes record-keeping, confidentiality, and privacy requirements related to the use of telehealth. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act repeals an obsolete provision that required the department of transportation to study mobility improvement possibilities for the interstate 70 mountain corridor and to make prioritized recommendations to the transportation committees of the house of representatives and the senate no later than December 20, 2011. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act increases the monetary cost cap at or below which the department of transportation (department) may undertake public projects outside of a competitive bidding process (project cost cap) from $250,000 to $300,000. The department may thereafter annually adjust the project cost cap for inflation, defined as the annual percentage change in the United States department of transportation and federal highway administration's national highway construction cost index or a successor index, and may round the adjusted amount upward to the nearest $5,000. The department must publish this adjusted project cost cap on its website. The act also requires the department to report annually on highway maintenance projects that it completes that cost no more than the project cost cap, including reporting on efficiencies achieved by increasing the project cost cap. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act limits the sale or transfer of a product containing sodium nitrite in a concentration greater than 10% of the mass or volume of the product (covered product) to commercial businesses that are verified to require a covered product. The act requires covered products to meet specified labeling requirements. A person who violates the requirements of the act is subject to a civil penalty of $10,000 for a first offense and up to $1,000,000 for a second or subsequent violation. The attorney general or an aggrieved individual may bring a civil action to enforce the act and, if an aggrieved individual prevails in a civil action, the aggrieved individual is entitled to the greater of actual economic damages or $3,000, attorney fees, and costs. APPROVED by Governor April 17, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)

Under current law, "crimes of violence" are subject to enhanced sentencing. The act adds human trafficking of an adult or a minor for the purpose of involuntary servitude and human trafficking of an adult or a minor for sexual servitude to the list of crimes of violence that are subject to enhanced sentencing. Under current law, it is an affirmative defense to a charge of human trafficking for sexual servitude if the person being charged can demonstrate by a preponderance of the evidence that, at the time of the offense, the person was a victim of human trafficking for sexual servitude who was forced or coerced into engaging in the human trafficking of minors for sexual servitude. The act extends the affirmative defense if the person was forced or coerced into engaging in human trafficking for sexual servitude and removes the preponderance of evidence standard. The act makes the statute of limitations for human trafficking of an adult or a minor for the purpose of involuntary servitude and human trafficking of an adult for sexual servitude 20 years. The act does not change the unlimited statute of limitations for human trafficking for sexual servitude of a minor. APPROVED by Governor April 11, 2024 EFFECTIVE April 11, 2024(Note: This summary applies to this bill as enacted.)

The bill prohibits a court, without the consent of the district attorney, from releasing a person on any unsecured personal recognizance bond if the person is accused of committing a crime of violence and the court finds probable cause to believe that the person has committed the offense, and: The person has a record of conviction for a crime of violence within the prior 2 years; or There are at least 2 pending criminal charges against the person that allege that the person committed a crime of violence and the court finds probable cause to believe that the person has committed the prior alleged offenses (repeat violent offender). Existing law requires any monetary condition of pretrial release to be reasonable. The bill states that a reasonable monetary condition for a repeat violent offender is at least $7,500. (Note: This summary applies to this bill as introduced.)

Section 1 of the act corrects a cross reference to the annual Colorado talent report by deleting a reference to a subsection that does not exist within the article regarding intrastate air service within the state of Colorado. Section 2 removes unnecessary language to clarify that a qualifying organization that receives a grant from the immigration legal defense fund shall only use the grant for services that include providing indigent clients with representation before the board of immigration appeals within the United States department of justice, but not representation before a United States district court, a United States circuit court of appeals, or the United States supreme court. Section 3 clarifies that the "approval" granted by a state apprenticeship agency refers to the approval of an apprenticeship program. Sections 4 and 5 correct inconsistencies in the membership of 2 committees regarding apprenticeships. Current law establishing the committee for apprenticeship in the building and construction trades (CABCT) states that the CABCT consists of 16 members, but the statute outlines the appointment of 17 members. The act changes the total membership of the CABCT to 17 members. Current law also dictates that the governor appoints 7 members to serve concurrently on both the CABCT and the committee for apprenticeship in new and emerging industries (CANEI). This conflicts with current law establishing the CANEI, which states that the governor appoints 6 members to the CANEI, only 5 of whom serve concurrently on the CABCT. There are presently 7 members appointed by the governor on the CANEI who serve concurrently on the CABCT. The act resolves this conflict by clarifying that the governor appoints 7 members to the CANEI, all of whom are concurrently appointed to the CABCT. APPROVED by Governor March 22, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Section 1 of the bill amends a definition and adds new definitions under the electricians' practice act. In current law, an applicant for a journeyman electrician's license or a residential wireman's license must provide evidence of having certain minimum years of apprenticeship experience, accredited training, or practical experience. For the purpose of these requirements, section 3 allows an applicant to have a minimum of 8,000 hours, rather than 4 years, of apprenticeship experience and to have a minimum of 4,000 hours, rather than 2 years, of practical experience. Specifically, an applicant for a journeyman electrician's license must furnish written evidence that: The applicant has at least 4 years or 8,000 hours of apprenticeship in the electrical trade or 4 years or 8,000 hours of practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power; and At least 2 years or 4,000 hours of the applicant's experience is in commercial, industrial, or substantially similar work. An applicant for a residential wireman's license must furnish written evidence that the applicant has at least 2 years of accredited training or 2 years or 4,000 hours of practical experience in wiring one-, two-, three-, and four-family dwellings. Current law allows an applicant for a journeyman electrician's license or a residential wireman's license to substitute for required practical experience evidence of academic training or practical experience in the electrical field. Section 2 allows an applicant to also substitute evidence of training in photovoltaic systems installation. However, section 2 also states that the state electrical board (board) may, but is no longer required to, provide work experience credit for academic training, including military training. Section 2 also allows an applicant for a journeyman electrician's license or a residential wireman's license to claim up to 4,000 hours of practical experience by working: As an individual who is certified by the North American Board of Certified Energy Practitioners (NABCEP) to install photovoltaic systems (NABCEP PV installation professional); or As an apprentice to an NABCEP PV installation professional, so long as the supervising NABCEP PV installation professional provides proof of employment and an affidavit attesting that the applicant earned the hours as an apprentice. For every 2 hours that an applicant works as described, the applicant may claim one hour of practical experience until July 1, 2029. Under current law, for all applicants seeking work experience credit toward licensure, the board gives credit for electrical work that is not required to be performed by or under the supervision of a licensed electrician if the applicant can show that the particular experience received or the supervision under which the work has been performed is adequate. Section 3 states the board may give such credit but is not required to do so. Section 4 requires that, for an apprentice who holds an active residential wireman license, an electrical contractor, an apprenticeship program, or a state apprenticeship agency that employs the apprentice must report qualifying years or hours of work experience only for commercial, industrial, or substantially similar work. Section 4 also ensures that an individual who possesses an active residential wireman or master electrician license is not required to take the journeyman electrician license examination. Section 4 also allows an apprentice to request an exemption from the board from future examination requirements, regardless of whether the apprentice has failed to pass the license examination in 2 consecutive 3-year periods. Section 5 requires the department of regulatory agencies (DORA) to: Uphold the rules and regulations of the current edition of the national electrical code, including applying the code to all equipment from the point at which service transformers generate voltage to usable systems for consumers, including all associated wiring; risers, whether overhead or underground; and metering systems; Cooperate with utility companies to maintain safe clearances and safe working distances for the utilities based on the current edition of the national electrical code; and Allow each utility to install its proper metering equipment with the assistance of qualified electrical personnel. Section 5 also states that all electrical equipment is subject to inspection by an authority having jurisdiction to conduct electrical inspections. Under current law, the contract for any public works project that does not receive federal money in an amount of $1,000,000 or more must require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that certifies that all firms identified participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor (registered apprenticeship program) and have a proven record of graduating apprentices. Section 6 states that for the purposes of this requirement, an apprentice who has obtained a residential wireman, journeyman electrician, or master electrician license while enrolled in a registered apprenticeship program is considered a graduate. Section 7 removes, effective July 1, 2029, language that, for photovoltaic installations with a direct current design capacity of less than 300 kilowatts, allows the performance of all photovoltaic electrical work, the installation of photovoltaic modules, and the installation of photovoltaic module mounting equipment to be subject to on-site supervision by a certified photovoltaic energy practitioner designated by the NABCEP. Section 7 also removes language: Stating that neither the public utilities commission nor a utility has responsibility for monitoring or enforcing compliance with statutory requirements concerning solar photovoltaic installations (installations); Requiring an applicant for funding or for an initial contract proposal for an installation (applicant) to obtain certain information; and Requiring a qualifying retail utility to obtain from an applicant and retain, for at least one year after completion of an installation, copies of all documentation submitted by the applicant in connection with the installation. Section 7 also states that, as used in the context of photovoltaic electrical work, for ground-mounted systems, "grounding" includes the wiring of bonding jumpers and grounding conductors. "Grounding" does not include work related to the racking assembly, racking construction, or the physical mounting of modules.(Note: This summary applies to this bill as introduced.)

Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs more than one gram and not more than 4 grams and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 4 drug felony; except that, if a defendant shows supporting evidence to establish that the defendant made a reasonable mistake of fact and did not know that the controlled substance contained fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, the matter must be submitted to the finder of fact in the form of interrogatory included in the verdict form. If the finder of fact determines the defendant made a reasonable mistake of fact, the defendant commits a level 1 drug misdemeanor. The bill eliminates this provision. Under current law, the knowing possession of any material, compound, mixture, or preparation that weighs not more than one gram and contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, is a level 1 drug misdemeanor; except that a fourth or subsequent offense is a level 4 drug felony. The bill eliminates this provision. Effective July 1, 2024, the bill makes the possession of any material, compound, mixture, or preparation that contains any quantity of fentanyl, carfentanil, benzimidazole opiate, or an analog thereof, a level 4 drug felony. (Note: This summary applies to this bill as introduced.)

The bill requires any provision of any energy code adopted by a county or municipality on or after January 1, 2026, to be cost effective. "Cost effective" means, using the existing energy efficiency standards and requirements as a base of comparison, that the economic benefits of the proposed energy efficiency standards and requirements will exceed the economic costs of those standards and requirements based upon an incremental multi-year analysis that: Considers the perspective of a typical first-time home buyer; Considers benefits and costs over a 10-year period; Does not assume fuel price increases in excess of the assumed general rate of inflation; Ensures that the buyer of a home who would qualify to purchase the home before the addition of the energy efficiency standards will still qualify to purchase the same home after the additional cost of energy saving construction features; and Ensures that the costs of principal, interest, taxes, insurance, and utilities will not be greater after the inclusion of the proposed cost of the additional energy saving construction features required by the proposed energy efficiency rules than under the provisions of the existing energy efficiency rules.(Note: This summary applies to this bill as introduced.)