Amendments for HB24-1371
House Journal, April 2
50 HB24-1371 be amended as follows, and as so amended, be referred to
51 the Committee on Appropriations with favorable
52 recommendation:
53
54 Amend printed bill, page 3, strike lines 4 and 5 and substitute "(4)(a)(IV),
55 (4)(a)(V), (4)(a)(XI), (4)(c), (5) introductory".
56
1 Page 3, lines 6 and 7, strike "(1)(a)(VIII), and (4)(a)(II);" and substitute
2 "and (1)(a)(VIII);".
3
4 Page 3, strike line 8 and substitute "(2)(h.3), (2)(h.5), (3.5), (4)(a)(XI.5),
5 (4)(c.5), and (4.5) as".
6
7 Page 3 line 11, strike "required" and substitute "authorized -
8 background checks required".
9
10 Page 4, strike line 3.
11
12 Page 4, line 4, strike "MUNICIPALITIES" and substitute:
13
14 "(III) Cities ALL LOCAL GOVERNMENTS".
15
16 Page 4, line 5, after "enact" insert "RESOLUTIONS OR" and after "regulate"
17 insert "OR OTHERWISE REGULATE".
18
19 Page 4, line 6, strike the first "businesses" and substitute "businesses
20 FACILITIES" and strike "businesses, SOME".
21
22 Page 4, strike lines 7 through 9 and substitute "businesses FACILITIES;
23 AND".
24
25 Page 4, line 13, strike "BUSINESSES" and substitute "FACILITIES BY
26 REQUIRING CURRENT AND PROSPECTIVE OPERATORS, OWNERS, AND
27 EMPLOYEES OF MASSAGE FACILITIES TO SUBMIT TO PERIODIC
28 BACKGROUND CHECKS".
29
30 Page 4, line 14 after the second "AND" insert "OTHER".
31
32 Page 4, line 16, strike "CONCERN," and substitute "CONCERN THAT LOCAL
33 GOVERNMENTS HAVE SIGNIFICANT DISCRETION TO ADDRESS IN
34 ACCORDANCE WITH LOCAL NEEDS,".
35
36 Page 4, line 20, after "TO" insert "A BACKGROUND CHECK, WHICH
37 GENERALLY MEANS".
38
39 Page 4, line 21, strike "CHECK" and substitute "CHECK,".
40
41 Page 4, lines 23 and 24, strike "COUNTY, CITY AND COUNTY, AND
42 MUNICIPALITY" and substitute "LOCAL GOVERNMENT".
43
44 Page 4, lines 25 and 26, strike "BUSINESS LICENSURE REQUIREMENTS FOR
45 MASSAGE FACILITIES" and substitute "A LOCAL PROCESS THAT ENSURES
46 THAT THE BACKGROUND CHECKS ARE CONDUCTED THROUGHOUT THE
47 STATE".
48
49 Page 5, strike lines 12 through 17 and substitute:
50
51 "(b) The general assembly finds, therefore, FURTHER FINDS AND
52 DECLARES that:
53 (I) A county LOCAL GOVERNMENT may adopt a local resolution or
54 ordinance to establish business licensure requirements to regulate
55 massage facilities or to regulate and prohibit unlawful activities for the
1 sole purpose of deterring illicit massage businesses and preventing human
2 trafficking;".
3
4 Renumber succeeding subparagraphs accordingly.
5
6 Page 5, line 19, strike "COUNTIES AND MUNICIPALITIES" and substitute
7 "LOCAL GOVERNMENTS".
8
9 Page 5, line 21, strike "LOCAL LICENSING AUTHORITIES" and substitute
10 "LICENSING AUTHORITIES AND LOCAL LAW ENFORCEMENT AGENCIES".
11
12 Page 5, line 23, strike "LICENSED".
13
14 Page 6, line 1, strike "LICENSED".
15
16 Page 6, line 17, strike ""EMPLOYEE" MEANS AN" and substitute "EXCEPT
17 AS OTHERWISE PROVIDED IN SUBSECTION (2)(a.7)(II) OF THIS SECTION,
18 "EMPLOYEE" MEANS:
19 (I) (A) AN".
20
21 Page 6, line 18, strike "FACILITY OR AN" and substitute "FACILITY; OR
22 (B) AN".
23
24 Page 6, line 20, strike "FACILITY; EXCEPT THAT, FOR" and substitute
25 "FACILITY.
26 (II) FOR".
27
28 Page 6, line 23, strike "INCLUDE A MASSAGE THERAPIST." and substitute
29 "INCLUDE:
30 (A) A MASSAGE THERAPIST; OR
31 (B) AN INDEPENDENT CONTRACTOR WHO PERFORMS JANITORIAL
32 SERVICES OR OTHER ROUTINE FACILITY MAINTENANCE SERVICES FOR A
33 MASSAGE FACILITY AND HAS NO CONTACT WITH OR ONLY INCIDENTAL
34 CONTACT WITH CLIENTS OF THE MASSAGE FACILITY.".
35
36 Page 6, strike lines 24 through 27.
37
38 Page 7, strike lines 1 through 4 and substitute:
39
40 "(e) "Licensing authority" means the governing body of the board
41 of county commissioners of a county A LOCAL GOVERNMENT or, IF A
42 LOCAL GOVERNMENT HAS EXERCISED ITS AUTHORITY TO ADOPT A
43 RESOLUTION OR ORDINANCE THAT ESTABLISHES LICENSURE
44 REQUIREMENTS FOR MASSAGE FACILITIES OR TO REGULATE AND PROHIBIT
45 UNLAWFUL ACTIVITIES RELATED TO MASSAGE FACILITIES, any authority
46 designated by county charter or county THE LOCAL GOVERNMENT'S
47 CHARTER OR IN A resolution OR ORDINANCE TO ADMINISTER OR ENFORCE
48 THE BUSINESS LICENSURE REQUIREMENTS, REGULATIONS, OR PROHIBITIONS
49 FOR MASSAGE FACILITIES ESTABLISHED BY THE LOCAL GOVERNMENT.".
50
51 Page 7, strike lines 14 through 17 and substitute "WITH A LOCAL
52 RESOLUTION OR ORDINANCE OR A PERSON THAT IS OPERATING A MASSAGE
53 FACILITY WITHOUT A LICENSE WITHIN THE TERRITORY OF A LOCAL
54 GOVERNMENT THAT DOES NOT REQUIRE LICENSURE OF MASSAGE
55 FACILITIES; EXCEPT THAT, FOR THE PURPOSE OF DETERMINING WHETHER
1 A PERSON IS REQUIRED TO SUBMIT TO A BACKGROUND CHECK REQUIRED BY
2 SUBSECTION (4)(c.5) OF THIS SECTION, "OPERATOR" DOES NOT INCLUDE A
3 MASSAGE THERAPIST.".
4
5 Page 7, strike lines 24 through 27.
6
7 Strike page 8.
8
9 Page 9, strike lines 1 through 15 and substitute:
10
11 "(3)(a) In addition to any other powers, a board of county
12 commissioners LOCAL GOVERNMENT may adopt a resolution or ordinance
13 to establish business licensure requirements or to regulate and prohibit
14 unlawful activities to prevent the operation of illicit massage businesses
15 that engage in human trafficking-related offenses as described in sections
16 18-3-503 and 18-3-504. If a board of county commissioners LOCAL
17 GOVERNMENT adopts a resolution or ordinance to establish business
18 licensure requirements pursuant to subsection (4) of this section or to
19 prohibit unlawful activities pursuant to subsection (5) of this section, the
20 resolution or ordinance must not be more restrictive than the requirements
21 set forth in this section.".
22
23 Page 10, after line 4 insert:
24
25 "(3.5)(a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3)(c)
26 OF THIS SECTION, A LOCAL GOVERNMENT SHALL ESTABLISH A PROCESS,
27 WHICH MAY BE ESTABLISHED BY RESOLUTION OR ORDINANCE OR
28 OTHERWISE, TO REQUIRE THAT, AS A CONDITION FOR A PERSON REMAINING
29 AS OR BECOMING AN OPERATOR, OWNER, OR EMPLOYEE:
30 (I) A PERSON WHO IS AN OPERATOR, OWNER, OR EMPLOYEE ON THE
31 EFFECTIVE DATE OF THE RESOLUTION OR ORDINANCE SUBMIT TO A
32 BACKGROUND CHECK ON OR BEFORE THE EARLIER OF OCTOBER 1, 2025, OR
33 ANY OTHER DATE SPECIFIED BY A LOCAL GOVERNMENT IN ITS PROCESS;
34 AND
35 (II) A PROSPECTIVE OPERATOR, OWNER, AND EMPLOYEE SUBMIT TO
36 A BACKGROUND CHECK BEFORE, AS APPLICABLE, BEING GRANTED A
37 LICENSE TO OPERATE A MASSAGE FACILITY, ASSUMING AN OWNERSHIP
38 INTEREST IN A MASSAGE FACILITY THAT WOULD MAKE THE PROSPECTIVE
39 OWNER AN OWNER, OR COMMENCING EMPLOYMENT WITH A MASSAGE
40 FACILITY.".
41
42 Page 10, line 5, strike "If WHEN" and substitute "If".
43
44 Page 10, line 8, strike "may only" MUST" and substitute "may only".
45
46 Page 10, strike lines 10 through 16.
47
48 Page 10, after line 19, insert:
49
50 "(B) The county LOCAL GOVERNMENT zoning or subdivision
51 regulations do not allow for the operation of a massage facility;".
52
53 Page 10, lines 22 and 23, strike "a felony or misdemeanor for prostitution,
54 as described in section 18-7-201;" and substitute "a felony or
55 misdemeanor for prostitution, as described in section 18-7-201;".
56
1 Page 11, line 6, strike "or" and substitute "or
2 (F) The applicant has one or more previous revocations or
3 suspensions of a license to operate a massage facility; OR
4 (G) THE APPLICANT OR AN OWNER, PROSPECTIVE OWNER, OR
5 EMPLOYEE OF THE MASSAGE FACILITY FOR WHICH THE APPLICANT HAS
6 FILED AN APPLICATION FOR A LICENSE HAS NOT SUBMITTED TO A REQUIRED
7 BACKGROUND CHECK PURSUANT TO SUBSECTIONS (4)(c) and (4)(c.5) OF
8 THIS SECTION.".
9
10 Page 11, line 8, strike "OR DETERMINE THAT AN".
11
12 Page 11, strike lines 9 and 10 and substitute "after considering,".
13
14 Page 11, strike lines 16 through 27.
15
16 Page 12, strike lines 1 through 10.
17
18 Page 16, after line 17 insert:
19
20 "(4.5) (a) A PERSON IS PROHIBITED FROM BEING AN OWNER IF THE
21 PERSON EITHER:
22 (I) HAS NOT SUBMITTED TO A REQUIRED BACKGROUND CHECK
23 PURSUANT TO SUBSECTIONS (4)(c) AND (4)(c.5) OF THIS SECTION; OR
24 (II) HAS BEEN CONVICTED OF OR ENTERED A PLEA OF NOLO
25 CONTENDERE THAT IS ACCEPTED BY THE COURT FOR AN OFFENSE LISTED
26 IN SUBSECTION (4)(a)(IV)(C) OF THIS SECTION; IS REGISTERED AS A SEX
27 OFFENDER OR IS REQUIRED BY LAW TO REGISTER AS A SEX OFFENDER, AS
28 DESCRIBED IN SECTION 16-22-103; OR HAS A PENDING CRIMINAL ACTION
29 THAT INVOLVES OR IS RELATED TO THE OFFENSES DESCRIBED IN
30 SUBSECTION (4)(a)(IV)(C) OR (4)(a)(IV)(D) OF THIS SECTION.
31 (b) A LICENSEE, OPERATOR, OR OWNER IS PROHIBITED FROM
32 EMPLOYING AS AN EMPLOYEE A PERSON WHO EITHER:
33 (I) HAS NOT SUBMITTED TO A REQUIRED BACKGROUND CHECK
34 PURSUANT TO SUBSECTIONS (4)(c) AND (4)(c.5) OF THIS SECTION; OR
35 (II) HAS BEEN CONVICTED OF OR ENTERED A PLEA OF NOLO
36 CONTENDERE THAT IS ACCEPTED BY THE COURT FOR AN OFFENSE LISTED
37 IN SUBSECTION (4)(a)(IV)(C) OF THIS SECTION; IS REGISTERED AS A SEX
38 OFFENDER OR IS REQUIRED BY LAW TO REGISTER AS A SEX OFFENDER, AS
39 DESCRIBED IN SECTION 16-22-103; OR HAS A PENDING CRIMINAL ACTION
40 THAT INVOLVES OR IS RELATED TO THE OFFENSES DESCRIBED IN
41 SUBSECTION (4)(a)(IV)(C) OR (4)(a)(IV)(D) OF THIS SECTION.".
42
43 Page 16, lines 18 and 19, strike "may LOCAL GOVERNMENT SHALL" and
44 substitute "LOCAL GOVERNMENT may".
45
46 Page 17, line 19, strike "municipal regulation" and substitute
47 "background checks".
48
49 Page 18, line 7, strike "30-15-401.4" and substitute "30-15-401.4,".
50
51 Page 18, lines 10 and 11, strike "TO:
52 (a) REQUIRE" and substitute "TO REQUIRE".
53
54 Page 18, line 13, after "TO" insert "A BACKGROUND CHECK, AS DEFINED IN
55 SECTION 30-15-401.4 (2)(a.5), WHICH GENERALLY MEANS".
56
1 Page 18 strike lines 15 through 25 and substitute "SECTION 30-15-401.4.
2 (2) IN ACCORDANCE WITH SECTION 30-15-401.4 (3.5) AND SUBJECT
3 TO THE EXCEPTION SET FORTH IN SECTION 30-15-401.4 (3)(c), EVERY
4 STATUTORY OR HOME RULE MUNICIPALITY SHALL ESTABLISH A LOCAL
5 PROCESS TO ENSURE THAT REQUIRED BACKGROUND CHECKS ARE
6 CONDUCTED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION
7 30-15-401.4.".
8
9 Page 1, strike lines 104 and 105 and substitute "A LOCAL GOVERNMENT
10 TO ESTABLISH A PROCESS THAT REQUIRES PERIODIC CRIMINAL".
11
12
House Journal, April 24
37 Amendment No. 1, Transportation, Housing & Local Government Report,
38 dated April 2, 2024, and placed in member's bill file; Report also printed
39 in House Journal, April 3, 2024.
40
41 Amendment No. 2, by Representative Lukens:
42
43 Amend the Transportation, Housing, and Local Government Committee
44 Report, dated April 2, 2024, page 3, after line 1 insert:
45
46 "Page 6 of the printed bill, lines 10 and 11, strike "SUBSECTIONS
47 (4)(c.5)(VI) AND (4)(c.5)(VII)" and substitute "SUBSECTION
48 (4)(c.5)(VI)".".
49
50 Page 4, after line 16 insert:
51
52 "Page 10 of the bill, line 1, strike "GOVERNMENT AND THE".
53
54 Page 10 of the bill, strike lines 2 through 4 and substitute
55 "GOVERNMENT.".
1 Page 4, line 18, strike "(3.5)(a)" and substitute "(3.5)".
2
3 Page 4, line 23, strike "(I)" and substitute "(a)".
4
5 Page 4, strike lines 27 through 33 and substitute:
6
7 "(b) A PROSPECTIVE EMPLOYEE SUBMIT TO A BACKGROUND CHECK
8 BEFORE COMMENCING EMPLOYMENT WITH A MASSAGE FACILITY; AND
9 (c) A PROSPECTIVE OPERATOR OR OWNER SUBMIT TO A
10 BACKGROUND CHECK AT LEAST THIRTY DAYS BEFORE, AS APPLICABLE,
11 BEING GRANTED A LICENSE TO OPERATE A MASSAGE FACILITY OR
12 ASSUMING AN OWNERSHIP INTEREST IN A MASSAGE FACILITY THAT WOULD
13 MAKE THE PROSPECTIVE OWNER AN OWNER.".".
14
15 Page 5 of the report, after line 7 insert:
16
17 "Page 10 of the printed bill, line 26, strike "or similar crimes;" and
18 substitute "or similar crimes;".
19
20 Page 11 of the bill, strike lines 3 through 6 and substitute:
21
22 "(E) The applicant has a pending criminal action that involves or
23 is related to the offenses described in subsection (4)(a)(IV)(C) or
24 (4)(a)(IV)(D) of this section; or".".
25
26 Page 5 of the report, strike lines 8 through 15 and substitute:
27
28 "Page 11 of the bill, after line 6 insert:
29 "(F) The applicant has one more previous revocations or
30 suspensions of a license to operate a massage facility;
31 (G) AN EMPLOYEE OF THE MASSAGE FACILITY FOR WHICH THE
32 APPLICANT HAS FILED AN APPLICATION FOR A LICENSE HAS NOT SUBMITTED
33 TO A REQUIRED BACKGROUND CHECK BEFORE COMMENCING EMPLOYMENT
34 WITH THE MASSAGE FACILITY PURSUANT TO SUBSECTIONS (4)(c) AND
35 (4)(c.5) OF THIS SECTION; OR
36 (H) THE APPLICANT OR AN OWNER OR PROSPECTIVE OWNER OF THE
37 MASSAGE FACILITY FOR WHICH THE APPLICANT HAS FILED AN APPLICATION
38 FOR A LICENSE HAS NOT SUBMITTED TO A REQUIRED BACKGROUND CHECK
39 PURSUANT TO SUBSECTIONS (4)(c) AND (4)(c.5) OF THIS SECTION AT LEAST
40 THIRTY DAYS BEFORE, AS APPLICABLE, BEING GRANTED A LICENSE TO
41 OPERATE THE MASSAGE FACILITY OR ASSUMING AN OWNERSHIP INTEREST
42 IN A MASSAGE FACILITY THAT WOULD MAKE THE PROSPECTIVE OWNER AN
43 OWNER.".".
44
45 Page 5 of the report, after line 19 insert:
46
47 "Page 12 of the bill, line 23, strike "SECTION;" and substitute "SECTION
48 OR".
49
50 Page 12 of the bill, strike lines 25 through 27.
51
52 Page 13, of the bill, line 4, strike "SECTION;" and substitute "SECTION OR".
53
54 Page 13 of the bill, strike lines 6 through 8 and substitute "SECTION
55 16-22-103; AND".".
1 Page 5 of the report, line 23, after "CHECK" insert "AT LEAST THIRTY DAYS
2 BEFORE ASSUMING AN OWNERSHIP INTEREST IN A MASSAGE FACILITY THAT
3 WOULD MAKE THE PROSPECTIVE OWNER AN OWNER".
4
5 Page 5 of the report, line 27, strike "strike "SECTION;" and substitute
6 "SECTION OR".
7
8 Page 5 of the report, strike lines 29 through 31 and substitute "DESCRIBED
9 IN SECTION 16-22-103.".
10
11 Page 5 of the report, line 33, strike "EITHER:".
12
13 Page 6 of the report, line 1, strike "(I) HAS" and substitute "HAS".
14
15 Page 6 of the report, lines 2 and 3 strike "SECTION; OR.
16 (II) HAS" and substitute "SECTION.
17 (c) A LICENSEE, OPERATOR, OR OWNER THAT LEARNS THAT A
18 PROSPECTIVE EMPLOYEE OR EMPLOYEE HAS".
19
20 Page 6 of the report, line 5, "SECTION;" and substitute "SECTION OR".
21
22 Page 6 of the report, strike lines 7 through 9 and substitute "DESCRIBED
23 IN SECTION 16-22-103 MAY HIRE THE PROSPECTIVE EMPLOYEE TO WORK
24 AT A MASSAGE FACILITY OR CONTINUE TO EMPLOY THE EMPLOYEE AT A
25 MASSAGE FACILITY IF THE LICENSEE, OPERATOR, OR OWNER BELIEVES
26 THAT EMPLOYING THE PROSPECTIVE EMPLOYEE OR EMPLOYEE DOES NOT
27 POSE A THREAT TO CUSTOMERS OF EMPLOYEES OF THE MASSAGE
28 FACILITY.".".
29
30 Amendment No. 3, by Representative Lukens:
31
32 Amend the Lukens, Boesenecker, and Hartsook floor amendment
33 (HB1371_L.003), page 3, line 11, strike the first "OF" and substitute "OR".
34
35 As amended, ordered engrossed and placed on the Calendar for Third
36 Reading and Final Passage.
37
Senate Journal, May 1
After consideration on the merits, the Committee recommends that HB24-1371 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 10, line 11, strike "a felony or misdemeanor for"
and substitute "a felony or misdemeanor for".
Page 16, lines 17 and 18, strike "LICENSEE, OPERATOR," and substitute
"OPERATOR".
Strike "A LICENSEE, OPERATOR," and substitute "AN OPERATOR" on: Page 16,
lines 6 and 10.