Amendments for HB20-1326

House Journal, March 12
47 HB20-1326 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend printed bill, page 2, after line 1 insert:
52
53 "SECTION 1. Short title. The short title of this act is the "Red
54 Tape Reduction Act".
55
1 Renumber succeeding sections accordingly.
2
3 Page 4, line 12, strike "CREDENTIALS" and substitute "CREDENTIALS, AS
4 REQUIRED BY THE PART OR ARTICLE OF THIS TITLE 12 THAT REGULATES
5 THE APPLICABLE PROFESSION OR OCCUPATION,".
6
7 Page 4, line 15, strike "AND".
8
9 Page 4, line 17, strike "12-20-105." and substitute "12-20-105; AND
10 (C) COMPLIANCE WITH ANY OTHER APPLICABLE REQUIREMENT,
12 11 INCLUDING PASSING AN EXAM, OF THE PART OR ARTICLE OF THIS TITLE
12 THAT REGULATES THE APPLICABLE PROFESSION OR OCCUPATION.".
13
14 Page 4, line 23, after "IF" insert "APPROVING THE LICENSURE,
15 CERTIFICATION, REGISTRATION, OR ENROLLMENT WOULD VIOLATE AN
16 EXISTING COMPACT OR RECIPROCITY AGREEMENT OR IF".
17
18 Page 5, after line 16, insert:
19
20 "(II) ELECTRICIANS, REGULATED PURSUANT TO ARTICLE 115 OF
21 THIS TITLE 12;".
22
23 Renumber succeeding subparagraphs accordingly.
24
25 Page 6, after line 1, insert:
26
27 "(IX) PRIVATE INVESTIGATORS, REGULATED PURSUANT TO
28 ARTICLE 160 OF THIS TITLE 12;".
29
30 Renumber succeeding subparagraphs accordingly.
31
32 Page 8, strike lines 1 through 18.
33
34 Renumber succeeding sections accordingly.
35
36

House Journal, May 26
20 Amendment No. 1, Business Affairs & Labor Report, dated March 11,
21 2020, and placed in member's bill file; Report also printed in House
22 Journal, March 12, 2020.
23
24 Amendment No. 2, by Representative Van Winkle.
25
26 Amend printed bill, page 4, line 2, strike "SUBSECTION (3)(c)" and
27 substitute "SUBSECTIONS (3)(c) AND (3)(f)".
28
29 Page 5, line 13, strike "THIS SUBSECTION (3) DOES" and substitute
30 "SUBSECTIONS (3)(a) TO (3)(d) OF THIS SECTION DO".
31
32 Page 6, after line 5 insert:
33
34 "(f) (I) EXCEPT AS SPECIFIED IN SUBSECTION (3)(f)(III) OF THIS
35 SECTION, A MILITARY SPOUSE DULY LICENSED, CERTIFIED, REGISTERED, OR
36 ENROLLED IN GOOD STANDING IN ANOTHER STATE OR UNITED STATES
37 TERRITORY TO PRACTICE A PARTICULAR PROFESSION OR OCCUPATION IS,
38 UPON APPLICATION TO THE DIVISION FOR LICENSURE, CERTIFICATION,
39 REGISTRATION, OR ENROLLMENT IN THAT PROFESSION OR OCCUPATION IN
40 THIS STATE, ENTITLED TO THE ISSUANCE OF A TEMPORARY LICENSE,
41 CERTIFICATION, REGISTRATION, OR ENROLLMENT UPON SUBMISSION OF
42 SATISFACTORY PROOF TO THE REGULATOR, UNDER PENALTY OF PERJURY,
43 OF THE APPLICANT'S ACTIVE LICENSE, CERTIFICATION, REGISTRATION, OR
44 ENROLLMENT IN ANOTHER STATE OR UNITED STATES TERRITORY IN GOOD
45 STANDING, AND THAT THE APPLICANT HAS NOT COMMITTED AN ACT THAT
46 WOULD BE GROUNDS FOR DISCIPLINARY ACTION UNDER THE LAW
47 GOVERNING THE APPLICABLE PROFESSION OR OCCUPATION.
48 (II) FOR THE PURPOSES OF THIS SUBSECTION (3)(f):
49 (A) "IN GOOD STANDING" MEANS THAT A LICENSE, CERTIFICATION,
50 REGISTRATION, OR ENROLLMENT HAS NOT BEEN REVOKED, EXPIRED, OR
51 SUSPENDED AND AGAINST WHICH THERE ARE NO OUTSTANDING
52 DISCIPLINARY OR ADVERSE ACTIONS.
53 (B) "MILITARY SPOUSE" MEANS THE SPOUSE OF A PERSON WHO IS
54 ACTIVELY SERVING IN THE UNITED STATES ARMED FORCES AND WHO IS
55 STATIONED IN COLORADO IN ACCORDANCE WITH MILITARY ORDERS.
56 (III) AN APPLICANT IS NOT ENTITLED TO TEMPORARY LICENSURE,
1 CERTIFICATION, REGISTRATION, OR ENROLLMENT PURSUANT TO THIS
2 SUBSECTION (3)(f) IF APPROVING THE TEMPORARY LICENSURE,
3 CERTIFICATION, REGISTRATION, OR ENROLLMENT WOULD VIOLATE AN
4 EXISTING COMPACT OR RECIPROCITY AGREEMENT OR IF THE REGULATOR
5 DEMONSTRATES BY A PREPONDERANCE OF EVIDENCE, AFTER NOTICE AND
6 OPPORTUNITY FOR A HEARING, THAT:
7 (A) THE APPLICANT HAS COMMITTED AN ACT THAT WOULD BE
8 GROUNDS FOR DISCIPLINARY ACTION UNDER THE LAW GOVERNING THE
9 APPLICABLE PROFESSION OR OCCUPATION; OR
10 (B) THE APPLICANT'S LICENSE, CERTIFICATION, REGISTRATION, OR
11 ENROLLMENT ISSUED BY ANOTHER STATE OR UNITED STATES TERRITORY
12 IS NOT IN GOOD STANDING.
13 (IV) NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE
14 CONTRARY:
15 (A) A TEMPORARY LICENSE, CERTIFICATION, REGISTRATION, OR
16 ENROLLMENT ISSUED TO A MILITARY SPOUSE PURSUANT TO THIS
17 SUBSECTION (3)(f) IS VALID FOR THREE YEARS AFTER THE DATE OF
18 ISSUANCE.
19 (B) EACH REGULATOR SHALL WAIVE THE APPLICATION FEE FOR
20 TEMPORARY LICENSES, CERTIFICATIONS, REGISTRATIONS, OR
21 ENROLLMENTS ISSUED PURSUANT TO THIS SUBSECTION (3)(f).
22 SECTION 4. In Colorado Revised Statutes, 12-20-301, repeal (3)
23 as follows:
24 12-20-301. Definitions. As used in this part 3, unless the context
25 otherwise requires:
26 (3) "Military spouse" means the spouse of a person who is actively
27 serving in the United States armed forces and who is stationed in
28 Colorado in accordance with military orders.
29 SECTION 5. In Colorado Revised Statutes, repeal 12-20-304 as
30 follows:
31 12-20-304. Military spouse - authority to practice - reciprocity
32 - notice. (1) Notwithstanding any other part or article of this title 12, a
33 person need not obtain authority to practice an occupation or profession
34 under this title 12 during the person's first year of residence in Colorado
35 if:
36 (a) The person is a military spouse who is authorized to practice
37 that occupation or profession in another state;
38 (b) Other than the person's lack of licensure, registration, or
39 certification in Colorado, there is no basis to disqualify the person under
40 this title 12; and
41 (c) The person consents, as a condition of practicing in Colorado,
42 to be subject to the jurisdiction and disciplinary authority of the
43 appropriate agency.
44 (2) If a person who is practicing in Colorado under this section
45 applies for authority to continue to practice after the first year under a part
46 or article of this title 12, the applicant shall notify the agency receiving
47 the application of the following:
48 (a) The applicant is currently practicing in Colorado under this
49 section;
50 (b) The date the applicant began practicing in Colorado; and
51 (c) The name and contact information of any person employing
52 the applicant to practice in Colorado.
53 (3) If an agency denies the application for authority to practice
54 under this title 12, the agency shall notify the employer that the person
55 was denied authority to continue to practice under this title 12.
56 (4) This section does not:
1 (a) Prevent an agency from entering into a reciprocity agreement
2 with the regulating authority of another state or jurisdiction if otherwise
3 authorized by law; and
4 (b) Apply to the authority to practice under article 120, 240, or
5 275 of this title 12.".
6
7 Renumber succeeding sections accordingly.
8
9 Page 34, strike line 27.
10
11 Strike page 35 and substitute:
12
13 "SECTION 47. Applicability. This act applies to conduct
14 occurring on or after the effective date of this act.
15 SECTION 48. Safety clause. The general assembly hereby finds,
16 determines, and declares that this act is necessary for the immediate
17 preservation of the public peace, health, or safety.".
18
19 Amendment No. 3, by Representative Van Winkle.
20
6 21 Amend the Bird floor amendment (HB1326_L.004), page 1, strike line
22 and substitute:
23
24 ""(f) EFFECTIVE JANUARY 1, 2021:
25 (I) EXCEPT AS SPECIFIED IN SUBSECTION (3)(f)(III) OF THIS".
26
27 Page 2, strike line 8 and substitute "ISSUANCE AND MAY NOT BE
28 RENEWED.".
29
30 Page 3, strike lines 11 and 12 and substitute:
31
32 ""SECTION 47. Effective date - applicability. (1) This act:
33 (a) Takes effect upon passage; except that sections 4 and 5 of this
34 act take effect January 1, 2021; and
35 (b) Applies to conduct occurring on or after said dates.".
36
37 As amended, ordered engrossed and placed on the Calendar for Third
38 Reading and Final Passage.
39