Colorado 2024 Regular Session

Colorado House Bill HB1097 Compare Versions

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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
18 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
1112 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
95146 (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
104155 (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-