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