Colorado 2024 Regular Session

Colorado House Bill HB1097 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0736.01 Brita Darling x2241
1	8		HOUSE BILL 24-1097
2		-	BY REPRESENTATIVE(S) Taggart and Weissman, Armagost, Bacon,
3		-	Bird, Boesenecker, Bradley, Brown, deGruy Kennedy, Duran, Froelich,
4		-	Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Lynch, Marshall,
5		-	Martinez, Marvin, McCormick, Ortiz, Ricks, Rutinel, Sirota, Titone,
6		-	Valdez, Weinberg, Willford, Wilson, Young, McCluskie;
7		-	also SENATOR(S) Fields and Gardner, Baisley, Buckner, Coleman, Cutter,
8		-	Exum, Ginal, Hinrichsen, Kolker, Liston, Lundeen, Marchman,
9		-	Michaelson Jenet, Mullica, Pelton B., Pelton R., Rodriguez, Simpson,
10		-	Smallwood, Sullivan, Van Winkle, Will, Winter F., Zenzinger.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
11	12		C
12		-	ONCERNING OCCUPATIONAL CREDENTIALING FOR MILITARY FAMILIES .
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. Short title. The short title of this act is the "Military
15		-	Family Employment Support Act".
16		-	SECTION 2. Legislative declaration. (1) (a) The general
17		-	assembly finds and declares that:
18		-	(I) Not all active military members have orders for three years or
19		-	less; this is especially true for younger enlisted members;
20		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
21		-	officers and the Governor. To determine whether the Governor has signed the bill
22		-	or taken other action on it, please consult the legislative status sheet, the legislative
23		-	history, or the Session Laws.
24		-	________
25		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26		-	through words or numbers indicate deletions from existing law and such material is not part of
27		-	the act. (II) Nearly 39% of military spouses require professional licensing
28		-	for their jobs;
29		-	(III) Colorado has nearly 17,000 military spouses of servicemembers
30		-	across all branches of service; and
31		-	(IV) Colorado not only recognizes the sacrifice that military spouses
32		-	make while military members are in service, but also recognizes those who
33		-	have lost their spouses in the line of duty.
34		-	(b) Further, the benefits of the "Red Tape Reduction Act", which
35		-	was enacted in House Bill 20-1326 in 2020, should be expanded to
36		-	encompass the spouses of military servicemembers who are on orders for
37		-	longer than three years, the spouses of servicemembers in the Ready
38		-	Reserve and of servicemembers who transfer from active duty service to the
39		-	National Guard or Armed Forces Reserve, Gold Star military spouses,
40		-	military dependents, and the spouses and dependents of any other qualified
41		-	servicemembers.
42		-	(c) Therefore, the general assembly declares that:
43		-	(I) Regulators should continue to reduce barriers to entry into the
44		-	workforce;
45		-	(II) Military family members should be granted a Colorado
46		-	occupational credential for substantially equivalent experience in another
47		-	state, unless the regulator can demonstrate a specific reason to withhold the
48		-	credential; and
49		-	(III) Credentials should continue to be provided in the least
50		-	burdensome manner possible in order to get professionals to work as soon
51		-	as possible.
52		-	SECTION 3. In Colorado Revised Statutes, 12-20-202, amend
53		-	(1)(b) and (3)(f) as follows:
54		-	12-20-202. Licenses, certifications, and registrations - renewal
55		-	- reinstatement - fees - occupational credential portability program -
56		-	exceptions for military personnel, spouses, gold star military spouses,
57		-	PAGE 2-HOUSE BILL 24-1097 and dependents - rules - consideration of criminal convictions or
58		-	driver's history - executive director authority - definitions.
59		-	(1) Renewal. (b) Notwithstanding any provision of the law to the contrary,
60		-	the director may change the renewal date of any license, certification, or
61		-	registration issued by a regulator so that approximately the same number of
62		-	licenses, certifications, or registrations are scheduled for renewal in each
63		-	month of the year. Where any renewal date is so changed, the fee for the
64		-	license, certification, or registration is proportionately increased or
65		-	decreased, as the case may be. E
66		-	XCEPT FOR A LICENSE, CERTIFICATION, OR
67		-	REGISTRATION ISSUED IN ACCORDANCE WITH SUBSECTION
68		-	(3)(f) OF THIS
69		-	SECTION
70		-	, a license, certification, or registration is valid for a period of no
71		-	less than one year and no longer than three years, as determined by the
72		-	director in consultation with the applicable regulator. A licensee, certificate
73		-	holder, or registrant shall submit an application for renewal to the
74		-	applicable regulator on forms and in the manner prescribed by the director.
75		-	(3) Occupational credential portability program. (f) Effective
76		-	January 1, 2021:
77		-	(f) (I) Except as specified in subsection (3)(f)(III) of this section, a
78		-	military spouse,
79		-	GOLD STAR MILITARY SPOUSE, MILITARY DEPENDENT, OR
80		-	SPOUSE OR DEPENDENT OF ANY OTHER QUALIFIED SERVICEMEMBER
81		-	duly
82		-	licensed, certified, registered, or enrolled in good standing in another state
83		-	or United States territory to practice a particular profession or occupation
84		-	is, upon application to the division for licensure, certification, registration,
85		-	or enrollment in that profession or occupation in this state, entitled to the
86		-	issuance of a temporary
87		-	license, certification, registration, or enrollment
88		-	upon submission of satisfactory proof to the regulator, under penalty of
89		-	perjury, of the applicant's active license, certification, registration, or
90		-	enrollment in another state or United States territory in good standing. and
91		-	that the applicant has not committed an act that would be grounds for
92		-	disciplinary action under the law governing the applicable profession or
93		-	occupation.
94		-	(II) For the purposes of AS USED IN this subsection (3)(f):
	13	+	ONCERNING OCCUPATIONAL CRE DENTIALING FOR MILITARY101
	14	+	FAMILIES.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Effective September 1, 2024, the bill makes changes to Colorado's
	23	+	occupational credential portability program (program) relating to the
	24	+	spouses and dependents of military members, including:
	25	+	! In addition to military spouses already covered by the
	26	+	program, allowing gold star military spouses and
	27	+	dependents of military members who are licensed, certified,
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 27, 2024
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 26, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 20, 2024
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 16, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Taggart and Weissman, Armagost, Bacon, Bird, Boesenecker, Bradley, Brown, deGruy
	42	+	Kennedy, Duran, Froelich, Hamrick, Herod, Jodeh, Joseph, Kipp, Lieder, Lindstedt, Lynch,
	43	+	Marshall, Martinez, Marvin, McCluskie, McCormick, Ortiz, Ricks, Rutinel, Sirota, Titone,
	44	+	Valdez, Weinberg, Willford, Wilson, Young
	45	+	SENATE SPONSORSHIP
	46	+	Fields and Gardner, Baisley, Buckner, Coleman, Cutter, Exum, Ginal, Hinrichsen, Kolker,
	47	+	Liston, Lundeen, Marchman, Michaelson Jenet, Mullica, Pelton B., Pelton R., Rodriguez,
	48	+	Simpson, Smallwood, Sullivan, Van Winkle, Will, Winter F., Zenzinger
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. registered, or enrolled in a profession or occupation
	52	+	(credentialed) in good standing in another state or United
	53	+	States territory (current state) to be credentialed in
	54	+	Colorado by endorsement from the current state to practice
	55	+	the same profession or occupation in Colorado;
	56	+	! Allowing an applicant to be credentialed under the program
	57	+	if the applicant committed an act that would have been
	58	+	grounds for discipline in this state, but for which the
	59	+	applicant remains in good standing in the current state
	60	+	because the act is not grounds for discipline in the current
	61	+	state;
	62	+	! Removing the 3-year limitation and nonrenewal provision
	63	+	for a military spouse's credential and allowing military
	64	+	spouses, gold star military spouses, and military dependents
	65	+	to obtain a renewable 6-year credential while in Colorado;
	66	+	! Waiving the application and renewal fee for Colorado
	67	+	credentials issued to military spouses, gold star military
	68	+	spouses, and military dependents; and
	69	+	! Expanding eligibility for the program to spouses and
	70	+	dependents of Armed Forces Reserve, Ready Reserve, and
	71	+	National Guard members in Colorado.
	72	+	Be it enacted by the General Assembly of the State of Colorado:1
	73	+	SECTION 1. Short title. The short title of this act is the "Military2
	74	+	Family Employment Support Act".3
	75	+	SECTION 2. Legislative declaration. (1) (a) The general4
	76	+	assembly finds and declares that:5
	77	+	(I) Not all active military members have orders for three years or6
	78	+	less; this is especially true for younger enlisted members;7
	79	+	(II) Nearly 39% of military spouses require professional licensing8
	80	+	for their jobs;9
	81	+	(III) Colorado has nearly 17,000 military spouses of10
	82	+	servicemembers across all branches of service; and11
	83	+	(IV) Colorado not only recognizes the sacrifice that military12
	84	+	spouses make while military members are in service, but also recognizes13
	85	+	1097-2- those who have lost their spouses in the line of duty.1
	86	+	(b) Further, the benefits of the "Red Tape Reduction Act", which2
	87	+	was enacted in House Bill 20-1326 in 2020, should be expanded to3
	88	+	encompass the spouses of military servicemembers who are on orders for4
	89	+	longer than three years, the spouses of servicemembers in the Ready5
	90	+	Reserve and of servicemembers who transfer from active duty service to6
	91	+	the National Guard or Armed Forces Reserve, Gold Star military spouses,7
	92	+	military dependents, and the spouses and dependents of any other8
	93	+	qualified servicemembers.9
	94	+	(c) Therefore, the general assembly declares that:10
	95	+	(I) Regulators should continue to reduce barriers to entry into the11
	96	+	workforce;12
	97	+	(II) Military family members should be granted a Colorado13
	98	+	occupational credential for substantially equivalent experience in another14
	99	+	state, unless the regulator can demonstrate a specific reason to withhold15
	100	+	the credential; and16
	101	+	(III) Credentials should continue to be provided in the least17
	102	+	burdensome manner possible in order to get professionals to work as soon18
	103	+	as possible.19
	104	+	SECTION 3. In Colorado Revised Statutes, 12-20-202, amend20
	105	+	(1)(b) and (3)(f) as follows:21
	106	+	12-20-202. Licenses, certifications, and registrations - renewal22
	107	+	- reinstatement - fees - occupational credential portability program23
	108	+	- exceptions for military personnel, spouses, gold star military24
	109	+	spouses, and dependents - rules - consideration of criminal25
	110	+	convictions or driver's history - executive director authority -26
	111	+	definitions. (1) Renewal. (b) Notwithstanding any provision of the law27
	112	+	1097
	113	+	-3- to the contrary, the director may change the renewal date of any license,1
	114	+	certification, or registration issued by a regulator so that approximately2
	115	+	the same number of licenses, certifications, or registrations are scheduled3
	116	+	for renewal in each month of the year. Where any renewal date is so4
	117	+	changed, the fee for the license, certification, or registration is5
	118	+	proportionately increased or decreased, as the case may be. EXCEPT FOR6
	119	+	A LICENSE, CERTIFICATION, OR REGISTRATION ISSUED IN ACCORDANCE7
	120	+	WITH SUBSECTION (3)(f) OF THIS SECTION, a license, certification, or8
	121	+	registration is valid for a period of no less than one year and no longer9
	122	+	than three years, as determined by the director in consultation with the10
	123	+	applicable regulator. A licensee, certificate holder, or registrant shall11
	124	+	submit an application for renewal to the applicable regulator on forms and12
	125	+	in the manner prescribed by the director.13
	126	+	(3) Occupational credential portability program. (f) Effective14
	127	+	January 1, 2021:15
	128	+	(f) (I) Except as specified in subsection (3)(f)(III) of this section,16
	129	+	a military spouse,
	130	+	GOLD STAR MILITARY SPOUSE,
	131	+	MILITARY DEPENDENT,17
	132	+	OR SPOUSE OR DEPENDENT OF ANY OTHER QUALIFIED SERVICEMEMBER18
	133	+	duly licensed, certified, registered, or enrolled in good standing in another19
	134	+	state or United States territory to practice a particular profession or20
	135	+	occupation is, upon application to the division for licensure, certification,21
	136	+	registration, or enrollment in that profession or occupation in this state,22
	137	+	entitled to the issuance of a temporary license, certification, registration,23
	138	+	or enrollment upon submission of satisfactory proof to the regulator,24
	139	+	under penalty of perjury, of the applicant's active license, certification,25
	140	+	registration, or enrollment in another state or United States territory in26
	141	+	good standing. and that the applicant has not committed an act that would27
	142	+	1097
	143	+	-4- be grounds for disciplinary action under the law governing the applicable1
	144	+	profession or occupation.2
	145	+	(II) For the purposes of AS USED IN this subsection (3)(f):3
95	146		(A) "G
96		-	OLD STAR MILITARY SPOUSE" OR "GOLD STAR SPOUSE" ~~MEANS~~
97		-	THE SPOUSE OF A ~~SERVICEMEMBER~~
98		-	, WHICH SERVICEMEMBER ~~DIED WHILE ON~~
99		-	MILITARY ORDERS
100		-	, ~~WHO WAS RELOCATED TO COLORADO.~~
101		-	~~PAGE 3-HOUSE BILL 24-1097 (A) (B) "In good standing" means that a license~~, ~~certification~~,
102		-	~~registration,~~ or ~~enrollment has not been revoked, expired, or suspended and~~
103		-	~~against which there are no outstanding disciplinary or adverse~~ actions.
	147	+	OLD STAR MILITARY SPOUSE" OR "GOLD STAR SPOUSE"4
	148	+	MEANS THE SPOUSE OF A
	149	+	SERVICEMEMBER, WHICH SERVICEMEMBER DIED5
	150	+	WHILE ON MILITARY ORDERS, WHO WAS RELOCATED TO COLORADO.6
	151	+	(A) (B) "In good standing" means that a license, certification,7
	152	+	registration, or enrollment has not been revoked, expired, or suspended8
	153	+	and against which there are no outstanding disciplinary or adverse9
	154	+	actions.10
104	155		(C) "M
105		-	ILITARY DEPENDENT" MEANS THE DEPENDENT OF A
106		-	SERVICEMEMBER SERVING IN THE
107		-	UNITED STATES UNIFORMED SERVICES
108		-	WHO WAS RELOCATED TO
109		-	COLORADO.
110		-	(B)
111		-	(D) "Military spouse" OR "SPOUSE" means the spouse of a person
112		-	who is actively SERVICEMEMBER serving in the United States armed forces
113		-	and UNIFORMED SERVICES who is stationed in WAS RELOCATED TO Colorado.
114		-	in accordance with military orders.
115		-	(E) "RELOCATED" MEANS THAT A SERVICEMEMBER IN THE UNITED
116		-	STATES UNIFORMED SERVICES AND THE SERVICEMEMBER 'S SPOUSE OR
117		-	DEPENDENT HAVE
118		-	, OR THE SERVICEMEMBER 'S GOLD STAR SPOUSE HAS ,
119		-	MOVED TO COLORADO, AS A RESULT OF: AN ASSIGNMENT TO A DUTY
120		-	STATION IN
121		-	COLORADO; A REASSIGNMENT, EITHER AS A RESULT OF A
122		-	PERMANENT CHANGE OF STATION OR PERMANENT CHANGE OF ASSIGNMENT
123		-	TO
124		-	COLORADO, BETWEEN TWO DUTY STATIONS ; OR A TRANSFER FROM A
125		-	REGULAR COMPONENT OF A UNIFORMED SERVICE INTO A SELECTED RESERVE
126		-	OF THE
127		-	READY RESERVE OF A UNIFORMED SERVICE , IF THE MEMBER IS
128		-	AUTHORIZED TO MAKE A FINAL MOVE FROM THE MEMBER
129		-	'S LAST DUTY
130		-	STATION TO
131		-	COLORADO.
132		-	(F) "S
133		-	ERVICEMEMBER" MEANS A MEMBER OF THE UNIFORMED
134		-	SERVICES
135		-	, AS DEFINED IN 10 U.S.C. SEC. 101 (a)(5).
136		-	(III) An applicant is not entitled to temporary
137		-	licensure, certification,
138		-	registration, or enrollment pursuant to this subsection (3)(f) if approving the
139		-	temporary
140		-	licensure, certification, registration, or enrollment would violate
141		-	an existing compact or reciprocity agreement or if the regulator
142		-	demonstrates by a preponderance of evidence, after notice and opportunity
143		-	for a hearing, that
144		-	(A) The applicant has committed an act that would be grounds for
145		-	disciplinary action under the law governing the applicable profession or
146		-	occupation; or
147		-	(B) the applicant's license, certification, registration, or enrollment
148		-	PAGE 4-HOUSE BILL 24-1097 issued by another state or United States territory is not in good standing.
149		-	(IV) Notwithstanding any provision of law to the contrary:
150		-	(A) A temporary
151		-	license, certification, registration, or enrollment
152		-	issued to a military spouse,
153		-	A GOLD STAR MILITARY SPOUSE , A MILITARY
154		-	DEPENDENT
155		-	, OR THE SPOUSE OR DEPENDENT OF ANY OTHER QUALIFIED
156		-	SERVICEMEMBER
157		-	pursuant to this subsection (3)(f) is valid for three
158		-	SIX
159		-	years after the date of issuance and may not be renewed.
160		-	(B) Each regulator shall waive the application fee for temporary
161		-	SINGLE STATE licenses, certifications, registrations, or enrollments issued
162		-	pursuant to this subsection (3)(f).
163		-	SECTION 4. Effective date. This act takes effect September 1,
164		-	2024.
165		-	SECTION 5. Safety clause. The general assembly finds,
166		-	determines, and declares that this act is necessary for the immediate
167		-	preservation of the public peace, health, or safety or for appropriations for
168		-	PAGE 5-HOUSE BILL 24-1097 the support and maintenance of the departments of the state and state
169		-	institutions.
170		-	____________________________ ____________________________
171		-	Julie McCluskie Steve Fenberg
172		-	SPEAKER OF THE HOUSE PRESIDENT OF
173		-	OF REPRESENTATIVES THE SENATE
174		-	____________________________ ____________________________
175		-	Robin Jones Cindi L. Markwell
176		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
177		-	OF REPRESENTATIVES THE SENATE
178		-	APPROVED________________________________________
179		-	(Date and Time)
180		-	_________________________________________
181		-	Jared S. Polis
182		-	GOVERNOR OF THE STATE OF COLORADO
183		-	PAGE 6-HOUSE BILL 24-1097
	156	+	ILITARY DEPENDENT" MEANS THE DEPENDENT OF
	157	+	A11
	158	+	SERVICEMEMBER SERVING IN THE UNITED STATES UNIFORMED SERVICES12
	159	+	WHO WAS RELOCATED TO COLORADO.13
	160	+	(B) (D) "Military spouse" OR "SPOUSE" means the spouse of a14
	161	+	person who is actively SERVICEMEMBER serving in the United States15
	162	+	armed forces and UNIFORMED SERVICES who is stationed in WAS16
	163	+	RELOCATED TO Colorado. in accordance with military orders.17
	164	+	(E) "RELOCATED" MEANS THAT A SERVICEMEMBER IN THE UNITED18
	165	+	STATES UNIFORMED SERVICES AND THE SERVICEMEMBER 'S SPOUSE OR19
	166	+	DEPENDENT HAVE, OR THE SERVICEMEMBER'S GOLD STAR SPOUSE HAS,20
	167	+	MOVED TO COLORADO, AS A RESULT OF: AN ASSIGNMENT TO A DUTY21
	168	+	STATION IN COLORADO; A REASSIGNMENT, EITHER AS A RESULT OF A22
	169	+	PERMANENT CHANGE OF STATION OR PERMANENT C HANGE OF ASSIGNMENT23
	170	+	TO COLORADO, BETWEEN TWO DUTY STATIONS ; OR A TRANSFER FROM A24
	171	+	REGULAR COMPONENT OF A UNIFORMED SERVICE INTO A SELECTED25
	172	+	RESERVE OF THE READY RESERVE OF A UNIFORMED SERVICE , IF THE26
	173	+	MEMBER IS AUTHORIZED TO MAKE A FINAL MOVE FROM THE MEMBER 'S27
	174	+	1097
	175	+	-5- LAST DUTY STATION TO COLORADO.1
	176	+	(F) "SERVICEMEMBER" MEANS A MEMBER OF THE UNIFORMED2
	177	+	SERVICES, AS DEFINED IN 10 U.S.C. SEC. 101 (a)(5).3
	178	+	(III) An applicant is not entitled to temporary licensure,4
	179	+	certification, registration, or enrollment pursuant to this subsection (3)(f)5
	180	+	if approving the temporary licensure, certification, registration, or6
	181	+	enrollment would violate an existing compact or reciprocity agreement or7
	182	+	if the regulator demonstrates by a preponderance of evidence, after notice8
	183	+	and opportunity for a hearing, that9
	184	+	(A) The applicant has committed an act that would be grounds for10
	185	+	disciplinary action under the law governing the applicable profession or11
	186	+	occupation; or12
	187	+	(B) the applicant's license, certification, registration, or enrollment13
	188	+	issued by another state or United States territory is not in good standing.14
	189	+	(IV) Notwithstanding any provision of law to the contrary:15
	190	+	(A) A temporary license, certification, registration, or enrollment16
	191	+	issued to a military spouse, A GOLD STAR MILITARY SPOUSE, A MILITARY17
	192	+	DEPENDENT, OR THE SPOUSE OR DEPENDENT OF ANY OTHER QUALIFIED18
	193	+	SERVICEMEMBER pursuant to this subsection (3)(f) is valid for three SIX19
	194	+	years after the date of issuance and may not be renewed.20
	195	+	(B) Each regulator shall waive the application fee for temporary21
	196	+	SINGLE STATE licenses, certifications, registrations, or enrollments issued22
	197	+	pursuant to this subsection (3)(f).23
	198	+	SECTION 4. Effective date. This act takes effect September 1,24
	199	+	2024.25
	200	+	SECTION 5. Safety clause. The general assembly finds,26
	201	+	determines, and declares that this act is necessary for the immediate27
	202	+	1097
	203	+	-6- preservation of the public peace, health, or safety or for appropriations for1
	204	+	the support and maintenance of the departments of the state and state2
	205	+	institutions.3
	206	+	1097
	207	+	-7-