Amendments for HB19-1086
House Journal, March 7
42 HB19-1086 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45
46 Amend printed bill, page 2, strike lines 2 through 19.
47
48 Page 3, strike lines 1 through 8 and substitute:
49
50 "SECTION 1. In Colorado Revised Statutes, 12-58-108, amend
51 (2); and add (3) as follows:
52
53 12-58-108. Renewal - reinstatement - rules. (2) (a) Any license
54 or registration that has lapsed is deemed to have expired.
55 (b) (I) Prior to reinstatement OF AN EXPIRED LICENSE OR
1 REGISTRATION, the board is authorized to MAY require the licensee OR
2 REGISTRANT to demonstrate competency.
3 (II) THIS SUBSECTION (2)(b)(II) DOES NOT APPLY TO WATER
4 CONDITIONING INSTALLERS AND WATER CONDITIONING PRINCIPALS. TO
5 REINSTATE A LICENSE OR REGISTRATION THAT HAS BEEN EXPIRED FOR TWO
6 OR MORE YEARS, A PERSON MUST DEMONSTRATE COMPETENCY BY:
7 (A) PROVIDING VERIFICATION OF A LICENSE IN GOOD STANDING
8 FROM ANOTHER STATE AND PROOF OF ACTIVE PRACTICE IN THAT STATE
9 FOR THE YEAR PREVIOUS TO THE DATE OF RECEIPT OF THE REINSTATEMENT
10 APPLICATION;
11 (B) SATISFACTORILY PASSING THE STATE PLUMBING EXAMINATION
12 IN ACCORDANCE WITH SECTION 12-58-107; OR
13 (C) ANY OTHER MEANS APPROVED BY THE BOARD.
14 (III) TO REINSTATE A LICENSE OR REGISTRATION THAT HAS BEEN
15 EXPIRED FOR LESS THAN TWO YEARS, A PERSON MUST COMPLY WITH
16 SUBSECTION (3)(a) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION
17 (2)(b)(III) DOES NOT APPLY TO WATER CONDITIONING INSTALLERS AND
18 WATER CONDITIONING PRINCIPALS.
19 (c) Licenses and registrations shall be renewed or reinstated
20 pursuant to ARE SUBJECT TO RENEWAL OR REINSTATEMENT IN
21 ACCORDANCE WITH a schedule established by the director of the division
22 of professions and occupations within the department of regulatory
23 agencies and pursuant to section 24-34-102 (8). C.R.S. The director of the
24 division of professions and occupations within the department of
25 regulatory agencies may establish renewal fees and delinquency fees for
26 reinstatement pursuant to section 24-34-105. C.R.S.
27 (d) If a person fails to renew his or her license or registration
28 pursuant to the schedule established by the director, of the division of
29 professions and occupations, the license or registration shall expire
30 EXPIRES. Any person whose license or registration has expired is subject
102 31 to the penalties provided in this article ARTICLE 58 or section 24-34-
32 (8). C.R.S.
33 (3) (a) ON OR AFTER MAY 1, 2021, THE BOARD SHALL NOT RENEW
34 OR REINSTATE A LICENSE UNLESS THE APPLICANT HAS COMPLETED EIGHT
35 HOURS OF CONTINUING EDUCATION FOR EVERY TWELVE MONTHS THAT
36 HAVE PASSED AFTER THE LATER OF THE LAST DATE OF RENEWAL OR
37 REINSTATEMENT. THIS SUBSECTION (3)(a) DOES NOT APPLY TO THE FIRST
38 RENEWAL OR REINSTATEMENT OF A LICENSE FOR WHICH, AS A CONDITION
39 OF ISSUANCE, THE APPLICANT SUCCESSFULLY COMPLETED A LICENSING
40 EXAMINATION PURSUANT TO SECTION 12-58-107.
41 (b) ON OR BEFORE JULY 1, 2020, THE BOARD, IN COLLABORATION
42 WITH ESTABLISHED INDUSTRY TRAINING PROGRAMS AND INDUSTRY
43 REPRESENTATIVES, SHALL ADOPT RULES ESTABLISHING CONTINUING
44 EDUCATION REQUIREMENTS AND STANDARDS. THE REQUIREMENTS AND
45 STANDARDS MUST INCLUDE COURSE WORK RELATED TO THE CODE,
46 INCLUDING CORE COMPETENCIES, AS DETERMINED BY THE BOARD. THE
47 BOARD MAY COUNT A LICENSED PLUMBER'S ENROLLMENT IN A COURSE
48 DESIGNED TO HELP THE PLUMBER ATTAIN NATIONALLY RECOGNIZED
49 PLUMBING AND BUILDING INSPECTION CERTIFICATIONS TOWARDS THE
50 PLUMBER'S CONTINUING EDUCATION REQUIREMENTS. A RENEWAL OR
51 REINSTATEMENT LICENSE APPLICANT MUST FURNISH, OR CAUSE TO BE
52 FURNISHED, TO THE BOARD, IN A FORM AND MANNER DETERMINED BY THE
53 BOARD, DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THIS
54 SUBSECTION (3) AND RULES PROMULGATED TO IMPLEMENT THIS
55 SUBSECTION (3).
1 (c) TO ENSURE CONSUMER PROTECTION, THE BOARD'S RULES MAY
2 INCLUDE AUDIT STANDARDS FOR LICENSEE COMPLIANCE WITH CONTINUING
3 EDUCATION REQUIREMENTS AND REQUIREMENTS PERTAINING TO THE
4 TESTING OF LICENSEES BY THE CONTINUING EDUCATION VENDOR.".
5
6 Page 4, line 7, after "DIRECTOR" insert "OF THE DIVISION OF PROFESSIONS
7 AND OCCUPATIONS".
8
9 Page 4, line 8, strike "POSTED." and substitute "POSTED OR, IF AN
10 INSPECTING ENTITY DOES NOT HAVE A WEBSITE, PROVIDE ITS CURRENT
11 PROCEDURES TO THE DIRECTOR FOR POSTING ON THE BOARD'S WEBSITE.".
12
13 Page 4, strike lines 11 through 22 and substitute:
14
15 "SECTION 3. In Colorado Revised Statutes, 12-155-112, amend
16 as relocated by House Bill 19-1172 (2); and add (3) as follows:
17
18 12-155-112. License renewal - fees - reinstatement - rules.
19 (2) (a) Licenses and registrations issued pursuant to this article 155 are
20 subject to the renewal, expiration, reinstatement, and delinquency fee
21 provisions specified in section 12-20-202 (1) and (2). Any person whose
22 license or registration has expired is subject to the penalties provided in
23 this article 155 or section 12-20-202 (1).
24 (b) THIS SUBSECTION (2)(b) DOES NOT APPLY TO WATER
25 CONDITIONING INSTALLERS AND WATER CONDITIONING PRINCIPALS. TO
26 REINSTATE A LICENSE OR REGISTRATION THAT HAS BEEN EXPIRED FOR TWO
27 OR MORE YEARS, A PERSON MUST DEMONSTRATE COMPETENCY BY:
28 (I) PROVIDING VERIFICATION OF A LICENSE IN GOOD STANDING
29 FROM ANOTHER STATE AND PROOF OF ACTIVE PRACTICE IN THAT STATE
30 FOR THE YEAR PREVIOUS TO THE DATE OF RECEIPT OF THE REINSTATEMENT
31 APPLICATION;
32 (II) SATISFACTORILY PASSING THE STATE PLUMBING EXAMINATION
33 IN ACCORDANCE WITH SECTION 12-58-107; OR
34 (III) ANY OTHER MEANS APPROVED BY THE BOARD.
35 (c) TO REINSTATE A LICENSE OR REGISTRATION THAT HAS BEEN
36 EXPIRED FOR LESS THAN TWO YEARS, A PERSON MUST COMPLY WITH
37 SUBSECTION (3)(a) OF THIS SECTION; EXCEPT THAT THIS SUBSECTION (2)(c)
38 DOES NOT APPLY TO WATER CONDITIONING INSTALLERS AND WATER
39 CONDITIONING PRINCIPALS.
40 (3) (a) ON OR AFTER MAY 1, 2021, THE BOARD SHALL NOT RENEW
41 OR REINSTATE A LICENSE UNLESS THE APPLICANT HAS COMPLETED EIGHT
42 HOURS OF CONTINUING EDUCATION FOR EVERY TWELVE MONTHS THAT
43 HAVE PASSED AFTER THE LATER OF THE LAST DATE OF RENEWAL OR
44 REINSTATEMENT. THIS SUBSECTION (3)(a) DOES NOT APPLY TO THE FIRST
45 RENEWAL OR REINSTATEMENT OF A LICENSE FOR WHICH, AS A CONDITION
46 OF ISSUANCE, THE APPLICANT SUCCESSFULLY COMPLETED A LICENSING
47 EXAMINATION PURSUANT TO SECTION 12-155-110.
48 (b) ON OR BEFORE JULY 1, 2020, THE BOARD, IN COLLABORATION
49 WITH ESTABLISHED INDUSTRY TRAINING PROGRAMS AND INDUSTRY
50 REPRESENTATIVES, SHALL ADOPT RULES ESTABLISHING CONTINUING
51 EDUCATION REQUIREMENTS AND STANDARDS. THE REQUIREMENTS AND
52 STANDARDS MUST INCLUDE COURSE WORK RELATED TO THE CODE,
53 INCLUDING CORE COMPETENCIES, AS DETERMINED BY THE BOARD. THE
54 BOARD MAY COUNT A LICENSED PLUMBER'S ENROLLMENT IN A COURSE
55 DESIGNED TO HELP THE PLUMBER ATTAIN NATIONALLY RECOGNIZED
1 PLUMBING AND BUILDING INSPECTION CERTIFICATIONS TOWARDS THE
2 PLUMBER'S CONTINUING EDUCATION REQUIREMENTS. A RENEWAL OR
3 REINSTATEMENT LICENSE APPLICANT MUST FURNISH, OR CAUSE TO BE
4 FURNISHED, TO THE BOARD, IN A FORM AND MANNER DETERMINED BY THE
5 BOARD, DOCUMENTATION DEMONSTRATING COMPLIANCE WITH THIS
6 SUBSECTION (3) AND RULES PROMULGATED TO IMPLEMENT THIS
7 SUBSECTION (3).
8 (c) TO ENSURE CONSUMER PROTECTION, THE BOARD'S RULES MAY
9 INCLUDE AUDIT STANDARDS FOR LICENSEE COMPLIANCE WITH CONTINUING
10 EDUCATION REQUIREMENTS AND REQUIREMENTS PERTAINING TO THE
11 TESTING OF LICENSEES BY THE CONTINUING EDUCATION VENDOR.
12
13 SECTION 4. In Colorado Revised Statutes, 12-155-120, add as
14 relocated by House Bill 19-1172 (10) as follows:
15
16 12-155-120. Inspection - application - standards. (10) (a) AN
17 INSPECTOR PERFORMING AN INSPECTION FOR THE STATE, AN
18 INCORPORATED TOWN OR CITY, COUNTY, CITY AND COUNTY, OR QUALIFIED
19 STATE INSTITUTION OF HIGHER EDUCATION, REFERRED TO IN THIS
20 SUBSECTION (10) AS AN "INSPECTING ENTITY", SHALL VERIFY COMPLIANCE
21 WITH THIS ARTICLE 155.
22 (b) (I) INSPECTIONS PERFORMED BY AN INSPECTING ENTITY MUST
23 INCLUDE, FOR EACH PROJECT, A CONTEMPORANEOUS REVIEW TO ENSURE
24 COMPLIANCE WITH SECTIONS 12-155-108 AND 12-155-124. A
25 CONTEMPORANEOUS REVIEW MAY INCLUDE A FULL OR PARTIAL REVIEW OF
26 THE PLUMBERS AND APPRENTICES WORKING AT A JOB SITE BEING
27 INSPECTED.
28 (II) TO ENSURE THAT ENFORCEMENT IS CONSISTENT, TIMELY, AND
29 EFFICIENT, EACH INSPECTING ENTITY EMPLOYING INSPECTORS SHALL
30 DEVELOP STANDARD PROCEDURES TO ADVISE ITS INSPECTORS ON HOW TO
31 CONDUCT A CONTEMPORANEOUS REVIEW. AN INSPECTING ENTITY'S
32 STANDARD PROCEDURES NEED NOT REQUIRE A CONTEMPORANEOUS
33 REVIEW FOR EACH INSPECTION OF A PROJECT, BUT THE PROCEDURES MUST
34 PRESERVE AN INSPECTOR'S ABILITY TO VERIFY COMPLIANCE WITH
35 SECTIONS 12-155-108 AND 12-155-124 AT ANY TIME. EACH INSPECTING
36 ENTITY SUBJECT TO THIS SUBSECTION (10)(b)(II), INCLUDING THE STATE,
37 SHALL POST ITS CURRENT PROCEDURES REGARDING CONTEMPORANEOUS
38 REVIEWS IN A PROMINENT LOCATION ON ITS PUBLIC WEBSITE AND PROVIDE
39 THE DIRECTOR WITH A LINK TO THE WEB PAGE ON WHICH THE PROCEDURES
40 HAVE BEEN POSTED OR, IF AN INSPECTING ENTITY DOES NOT HAVE A
41 WEBSITE, PROVIDE ITS CURRENT PROCEDURES TO THE DIRECTOR FOR
42 POSTING ON THE BOARD'S WEBSITE.
43 (III) AN INSPECTOR MAY FILE A COMPLAINT WITH THE BOARD FOR
44 ANY VIOLATION OF THIS ARTICLE 155.
45
46 SECTION 5. Act subject to petition - effective date. (1) Except
47 as otherwise provided in subsection (2) of this section, this act takes
48 effect January 1, 2020; except that, if a referendum petition is filed
49 pursuant to section 1 (3) of article V of the state constitution against this
50 act or an item, section, or part of this act within the ninety-day period
51 after final adjournment of the general assembly, then the act, item,
52 section, or part will not take effect unless approved by the people at the
53 general election to be held in November 2020 and, in such case, will take
54 effect on the date of the official declaration of the vote thereon by the
55 governor.
1 (2) (a) Sections 1 and 2 of this act take effect only if House Bill
2 19-1172 does not become law.
3 (b) Sections 3 and 4 of this act take effect only if House Bill
4 19-1172 becomes law.".
5
6
Senate Journal, March 28
HB19-1086 by Representative(s) Duran; also Senator(s) Pettersen--Concerning the conduct of
plumbing inspections to ensure compliance with the plumbing law.
Amendment No. 1(L.007), by Senator Pettersen.
Amend reengrossed bill, page 5, line 14, after "TIME." insert "EACH
INSPECTING ENTITY'S PROCEDURES MUST INCLUDE PROVISIONS THAT
ALLOW FOR INSPECTORS TO CONDUCT OCCASIONAL, RANDOM, ON-SITE
INSPECTIONS WHILE ACTUAL PLUMBING WORK IS BEING CONDUCTED, WITH
A FOCUS ON LARGE COMMERCIAL AND MULTI-FAMILY RESIDENTIAL
PROJECTS PERMITTED BY THE INSPECTING ENTITY.".
Page 5, after line 24 insert:
"(c) THE BOARD SHALL ENSURE COMPLIANCE WITH THIS SECTION.
IF THE BOARD DETERMINES, AS A RESULT OF A FORMAL COMPLAINT, THAT
AN INSPECTING ENTITY IS CONDUCTING PLUMBING INSPECTIONS THAT DO
NOT COMPLY WITH THIS SECTION, THE BOARD MAY ISSUE TO THE
INSPECTING ENTITY AN ORDER TO SHOW CAUSE, IN ACCORDANCE SECTION
12-58-104 (1)(m), AS TO WHY THE BOARD SHOULD NOT ISSUE A FINAL
ORDER DIRECTING THE INSPECTING ENTITY TO CEASE AND DESIST
CONDUCTING PLUMBING INSPECTIONS UNTIL THE INSPECTING ENTITY
COMES INTO COMPLIANCE TO THE SATISFACTION OF THE BOARD. IF THE
USE OF STATE PLUMBING INSPECTORS IS REQUIRED AFTER THE ISSUANCE
OF A FINAL CEASE-AND-DESIST ORDER PURSUANT TO THIS SUBSECTION
(10)(c), THE INSPECTING ENTITY SHALL REIMBURSE THE BOARD FOR ANY
EXPENSES INCURRED IN PERFORMING THE INSPECTING ENTITY'S
INSPECTIONS, IN ADDITION TO TRANSMITTING THE REQUIRED PERMIT
FEES.".
Page 8, line 16, after "TIME." insert "EACH INSPECTING ENTITY'S
PROCEDURES MUST INCLUDE PROVISIONS THAT ALLOW FOR INSPECTORS
TO CONDUCT OCCASIONAL, RANDOM, ON-SITE INSPECTIONS WHILE
ACTUAL PLUMBING WORK IS BEING CONDUCTED, WITH A FOCUS ON LARGE
COMMERCIAL AND MULTI-FAMILY RESIDENTIAL PROJECTS PERMITTED BY
THE INSPECTING ENTITY.".
Page 8, after line 25 insert:
"(c) THE BOARD SHALL ENSURE COMPLIANCE WITH THIS SECTION.
IF THE BOARD DETERMINES, AS A RESULT OF A FORMAL COMPLAINT, THAT
AN INSPECTING ENTITY IS CONDUCTING PLUMBING INSPECTIONS THAT DO
NOT COMPLY WITH THIS SECTION, THE BOARD MAY ISSUE TO THE
INSPECTING ENTITY AN ORDER TO SHOW CAUSE, IN ACCORDANCE SECTION
12-155-105 (1)(m), AS TO WHY THE BOARD SHOULD NOT ISSUE A FINAL
ORDER DIRECTING THE INSPECTING ENTITY TO CEASE AND DESIST
CONDUCTING PLUMBING INSPECTIONS UNTIL THE INSPECTING ENTITY
COMES INTO COMPLIANCE TO THE SATISFACTION OF THE BOARD. IF THE
USE OF STATE PLUMBING INSPECTORS IS REQUIRED AFTER THE ISSUANCE
OF A FINAL CEASE-AND-DESIST ORDER PURSUANT TO THIS SUBSECTION
(10)(c), THE INSPECTING ENTITY SHALL REIMBURSE THE BOARD FOR ANY
EXPENSES INCURRED IN PERFORMING THE INSPECTING ENTITY'S
INSPECTIONS, IN ADDITION TO TRANSMITTING THE REQUIRED PERMIT
FEES.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.