Colorado 2024 2024 Regular Session

Colorado House Bill HB1329 Introduced / Bill

Filed 02/21/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0557.01 Kristen Forrestal x4217
HOUSE BILL 24-1329
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE STATE BOARD OF LICENSURE101
FOR ARCHITECTS , PROFESSIONAL ENGINEERS , AND102
PROFESSIONAL LAND SURVEYORS , AND, IN CONNECTION103
THEREWITH, IMPLEMENTING THE RECOMMENDATIONS104
CONTAINED IN THE 2023 SUNSET REPORT BY THE DEPARTMENT105
OF REGULATORY AGENCIES .106
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - House Business Affairs and Labor
HOUSE SPONSORSHIP
Bird and Lindstedt, Frizell, Lieder, Ricks
SENATE SPONSORSHIP
Marchman,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Committee. The bill implements the recommendations of the department
of regulatory agencies (department) contained in the department's 2023
sunset review of the state board of licensure for architects, professional
engineers, and professional land surveyors (board) as follows:
! Sections 1 and 2 continue the board for 9 years, from
September 1, 2024, until September 1, 2033;
! Sections 5, 9, and 14 include in the grounds for discipline
of licensees a failure to respond to the allegations of a
complaint within the length of time specified by the board;
! Sections 3, 6, 7, 8, 10, 11, and 12 update statutory
references to the names of examinations for professional
engineers and professional land surveyors;
! Section 2 repeals the requirement that board members be
citizens of the United States and residents of Colorado;
! Section 3 repeals the requirement that applicants supply a
business address on a license application;
! Sections 6, 7, 10, 11, 12, and 15 repeal references in
current law regarding the occupational credential
portability program; and
! Sections 16 through 27 make a technical amendment to
replace gendered pronouns with gender-neutral terms.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
(25)(a)(IV); and add (34)(a)(IX) as follows:3
24-34-104.  General assembly review of regulatory agencies4
and functions for repeal, continuation, or reestablishment - legislative5
declaration - repeal. (25) (a)  The following agencies, functions, or both,6
are scheduled for repeal on September 1, 2024:7
(IV)  The state board of licensure for architects, professional
8
engineers, and professional land surveyors in the department of regulatory9
agencies created in section 12-120-103;10
(34) (a)  The following agencies, functions, or both, are scheduled11
for repeal on September 1, 2033:12
(IX)  T
HE STATE BOARD OF LICENSURE FOR ARCHITECTS ,13
HB24-1329-2- PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS IN THE1
DEPARTMENT OF REGULATORY AGENCIES CREATED IN SECTION2
12-120-103.3
SECTION 2. In Colorado Revised Statutes, 12-120-103, amend4
(2) and (4)(a); and repeal (4)(b)(I) and (4)(c)(I) as follows:5
12-120-103.  State board of licensure for architects,6
professional engineers, and professional land surveyors - creation -7
composition - appointment of members - terms - meetings - program8
director and staff - subject to review - repeal of article. (2)  Sunset.9
This article 120 is repealed, effective September 1, 2024 SEPTEMBER 1,10
2033. Before the repeal, this article 120 is scheduled for review in11
accordance with section 24-34-104.12
(4) (a)  Professional engineer members. Each professional13
engineer member of the board shall be a citizen of the United States and14
a resident of this state for at least one year and shall have been licensed15
as a professional engineer and practicing as such for at least five years.16
(b)  Professional land surveyor members. (I)  A professional17
land surveyor who is a member of the board shall be a citizen of the18
United States and a resident of Colorado for at least one year.19
(c)  Architect members. To be eligible for membership on the20
board, an architect shall be:21
(I)  A United States citizen and a resident of Colorado for at least22
one year; and23
SECTION 3. In Colorado Revised Statutes, 12-120-104, amend24
(1)(c) introductory portion and (2)(b); and repeal (1)(c)(III) as follows:25
12-120-104.  Powers and duties of the board and division.26
(1)  General powers and duties. In order to carry into effect the27
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-3- provisions of this article 120, the board shall:1
(c)  Keep a record of its proceedings and of all applications for2
licensing under this article 120. The application record for each applicant3
shall MUST include:4
(III)  Place of business of the applicant;5
(2)  Board powers and duties regarding professional engineers.6
For purposes of administering part 2 of this article 120 pertaining to the7
regulation of professional engineers, the board shall:8
(b)  Provide for examinations of professional engineer license9
applicants. in the "fundamentals of engineering" and the "principles and10
practice of engineering". THE BOARD SHALL ADOPT THE APPROPRIATE11
EXAMINATIONS. Examinations shall MUST be given as often as practicable.12
The board shall ensure that the passing score for any examination is set13
to measure the level of minimum competency. An applicant who fails to14
pass the prescribed examination may be reexamined.15
SECTION 4. In Colorado Revised Statutes, 12-120-203, amend16
(1) introductory portion as follows:17
12-120-203.  Exemptions. (1)  This part 2 does not affect any of18
N
OTHING IN THIS PART 2 REQUIRES LICENSURE AS A PROFESSIONAL19
ENGINEER FOR the following:20
SECTION 5. In Colorado Revised Statutes, 12-120-206, add21
(1)(n) as follows:22
12-120-206.  Disciplinary actions - grounds for discipline.23
(1)  The board may take disciplinary or other action as authorized by24
section 12-20-404 against, or limit the scope of practice of, any25
professional engineer or engineer-intern for:26
(n)  F
AILING TO RESPOND TO THE ALLEGATIONS IN A COMPLAINT27
HB24-1329
-4- WITHIN THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE1
BOARD IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.2
SECTION 6. In Colorado Revised Statutes, 12-120-211, amend3
(2)(a), (3)(a), and (4)(a); and repeal (1) as follows:4
12-120-211.  Qualifications for engineer-interns. (1)  An5
applicant may qualify for enrollment as an engineer-intern by6
endorsement if the applicant satisfies the requirements of the occupational7
credential portability program.8
(2) (a)  An applicant may qualify for enrollment as an9
engineer-intern by graduation and examination if the applicant passes the10
fundamentals of engineering APPROPRIATE examination AS ADOPTED BY11
THE BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).12
(3) (a)  An applicant may qualify for enrollment as an13
engineer-intern by graduation, experience, and examination if the14
applicant passes the fundamentals of engineering APPROPRIATE15
examination 
AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION16
12-120-104 (2)(b) and possesses a total of six years of progressive17
engineering experience, of which educational study may be a part.18
(4) (a)  An applicant may qualify for enrollment as an19
engineer-intern by experience and examination if the applicant passes the20
fundamentals of engineering
 APPROPRIATE examination AS ADOPTED BY21
THE BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).22
SECTION 7. In Colorado Revised Statutes, 12-120-213, amend23
(2)(a) and (3)(a); and repeal (1) as follows:24
12-120-213.  Qualifications for professional engineer. (1)  An25
applicant may qualify for licensing as a professional engineer by26
endorsement if the applicant satisfies the requirements of the occupational27
HB24-1329
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(2) (a)  An applicant may qualify for licensing as a professional2
engineer by graduation, experience, and examination if the applicant3
passes the principles and practice of engineering APPROPRIATE4
examination 
AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION5
12-120-104 (2)(b).6
(3) (a)  An applicant may qualify for licensing as a professional7
engineer by experience and examination if the applicant passes the8
principles and practice of engineering
 APPROPRIATE examination AS9
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-10410
(2)(b).11
SECTION 8. In Colorado Revised Statutes, 12-120-215, amend12
(1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II); and repeal (1)(a)(III) and13
(1)(b)(III) as follows:14
12-120-215.  Fees - disposition. (1)  Pursuant to section15
12-20-105, the board shall charge and collect fees for the following:16
(a)  With respect to professional engineers:17
(III)  Application for licensure pursuant to the occupational18
credential portability program;19
(IV)  Application for the principles and practice of engineering20
APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE21
WITH SECTION 12-120-104 (2)(b);22
(VII)  Reexamination for the principles and practice of engineering23
APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE24
WITH SECTION 12-120-104 (2)(b);25
(b)  With respect to engineer-interns:26
(I)  Application for the fundamentals of engineering APPROPRIATE27
HB24-1329
-6- examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION1
12-120-104 (2)(b);2
(II)  Reexamination for the fundamentals of engineering3
APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE4
WITH SECTION 12-120-104 (2)(b);5
(III)  Application for enrollment pursuant to the occupational6
credential portability program.7
SECTION 9. In Colorado Revised Statutes, 12-120-306, amend8
(1) introductory portion, (1)(m), and (1)(n); and add (1)(o) as follows:9
12-120-306.  Disciplinary actions - grounds for discipline.10
(1)  The board may take disciplinary or other action as authorized by11
section 12-20-404 
AGAINST, limit the scope of practice of, or require12
additional training of any professional land surveyor or land13
surveyor-intern for:14
(m)  Attempting to use an expired, revoked, suspended, or15
nonexistent license; practicing or offering to practice when not qualified;16
or falsely claiming that the individual is licensed; or
17
(n)  Using in any manner a license, license number, or certificate18
that has not been issued to the individual by the board; 
OR19
(o)  F
AILING TO RESPOND TO ALLEGATIONS IN A COMPLAINT WITHIN20
THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD IN21
ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.22
SECTION 10. In Colorado Revised Statutes, 12-120-311, amend23
(2)(a) and (3)(a); and repeal (1) as follows:24
12-120-311.  Qualifications for land surveyor-interns. (1)  An
25
applicant may qualify for enrollment as a land surveyor-intern by26
endorsement if the applicant satisfies the requirements of the occupational27
HB24-1329
-7- credential portability program.1
(2) (a)  An applicant may qualify for enrollment as a land2
surveyor-intern by graduation and examination if the applicant passes the3
fundamentals of surveying APPROPRIATE examination AS ADOPTED BY THE4
BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).5
(3) (a)  An applicant may qualify for enrollment as a land6
surveyor-intern by education, experience, and examination if the applicant7
passes the fundamentals of surveying APPROPRIATE examination AS8
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-1049
(2)(b).10
SECTION 11. In Colorado Revised Statutes, 12-120-313, amend11
(2)(a); and repeal (1) as follows:12
12-120-313.  Qualifications for professional land surveyor.13
(1)  An applicant may qualify for licensing as a professional land surveyor14
by endorsement if the applicant satisfies the requirements of the15
occupational credential portability program.16
(2) (a)  An applicant may qualify for licensing as a professional17
land surveyor by education, experience, and examination if the applicant18
passes the principles and practice of surveying APPROPRIATE examination19
AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-10420
(2)(b) and the examination pertaining to Colorado law.21
SECTION 12. In Colorado Revised Statutes, 12-120-315, amend22
(1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II); and repeal (1)(a)(III) and23
(1)(b)(III) as follows:24
12-120-315.  Fees - disposition. (1)  Pursuant to section25
12-20-105, the board shall charge and collect fees for the following:26
(a)  With respect to professional land surveyors:27
HB24-1329
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credential portability program;2
(IV)  Application for the principles and practice of surveying3
examination or the legal aspects of surveying APPROPRIATE examination4
AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-1045
(2)(b);6
(VII)  Reexamination for the principles and practice of surveying7
examination or the legal aspects of surveying APPROPRIATE examination8
AS ADOPTED BY THE BOARD IN ACCOR DANCE WITH SECTION 	12-120-1049
(2)(b);10
(b)  With respect to land surveyor-interns:11
(I)  Application for the fundamentals of surveying APPROPRIATE12
examination 
AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION13
12-120-104 (2)(b);14
(II)  Reexamination for the fundamentals of surveying
15
APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE16
WITH SECTION 12-120-104 (2)(b);17
(III)  Application for enrollment as a land surveyor-intern pursuant18
to the occupational credential portability program.19
SECTION 13. In Colorado Revised Statutes, 12-120-404, amend20
(1) as follows:21
12-120-404.  Forms of organizations permitted to practice -22
requirements. (1)  Except as otherwise provided in this section, no A23
firm, partnership, entity, or group of persons shall 
NOT be licensed to24
practice architecture; except that a partnership, entity, or group of persons25
may use the term "architects" in its business name if a majority of the26
individual officers and directors or members or partners are either
27
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-9- licensed architects under this part 4. or persons who qualify for a license1
by endorsement under section 12-120-413 (3).2
SECTION 14. In Colorado Revised Statutes, 12-120-406, amend3
(1)(q) and (1)(r); and add (1)(s) as follows:4
12-120-406.  Disciplinary actions - grounds for discipline.5
(1)  The board may take disciplinary or other action as authorized by6
section 12-20-404 against, or limit the scope of practice of, a licensee for7
the following:8
(q)  Engaging in conduct that is intended or reasonably might be9
expected to mislead the public into believing that the person is an10
architect; or11
(r)  Engaging in the practice of an architect as a corporation or12
partnership or group of persons, unless the entity meets the requirements13
of section 12-120-404; 
OR14
(s)  F
AILING TO RESPOND TO ALLEGATIONS IN A COMPLAINT WITHIN15
THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD IN16
ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.17
SECTION 15. In Colorado Revised Statutes, 12-120-413, amend18
(3) as follows:19
12-120-413.  Qualifications for architect licensure. (3)  An
20
applicant may obtain licensure by endorsement if the applicant satisfies21
the requirements of the occupational credential portability program. The22
board may also provide an alternative application procedure so that an23
applicant may at the applicant's option, instead apply to a national24
clearinghouse designated by the board. The national clearinghouse shall25
then forward the application to the board.26
SECTION 16. In Colorado Revised Statutes, 12-120-202, amend27
HB24-1329
-10- (6)(b) as follows:1
12-120-202.  Definitions. As used in this part 2, unless the context2
otherwise requires:3
(6) (b)  An individual practices or offers to practice "professional4
engineering" within the meaning and intent of this section if the5
individual by oral claim, sign, advertisement, letterhead, card, or in any6
other way represents himself or herself ONESELF to be a professional7
engineer 
OR through the use of any other means implies that the8
individual is licensed under this part 2 or performs engineering services.9
SECTION 17. In Colorado Revised Statutes, 12-120-205, amend10
(1) as follows:11
12-120-205.  Unlawful practice - penalties - enforcement. (1)  It12
is unlawful for any individual to hold himself or herself
 ONESELF out to13
the public as a professional engineer unless the individual has complied14
with the provisions contained in this part 2.15
SECTION 18. In Colorado Revised Statutes, 12-120-206, amend16
(2) as follows:17
12-120-206.  Disciplinary actions - grounds for discipline.18
(2)  The board may issue and send a letter of admonition by first-class19
mail to a professional engineer or engineer-intern at his or her THE20
INDIVIDUAL'S last-known address under the circumstances specified in21
and in accordance with section 12-20-404 (4).22
SECTION 19. In Colorado Revised Statutes, 12-120-302, amend23
(5)(b) as follows:24
12-120-302.  Definitions. As used in this part 3, unless the context25
otherwise requires:26
(5) (b)  An individual practices or offers to practice "professional27
HB24-1329
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individual engages therein or, by oral claim, sign, letterhead, or card or2
in any other way, holds himself or herself ONESELF out to be a3
professional land surveyor or as being able to perform any professional4
land surveying service or if the individual performs any professional land5
surveying service or work.6
SECTION 20. In Colorado Revised Statutes, 12-120-306, amend7
(2) as follows:8
12-120-306.  Disciplinary actions - grounds for discipline.9
(2)  The board may issue and send a letter of admonition by first-class10
mail to a professional land surveyor or land surveyor-intern at his or her11
THE INDIVIDUAL'S last-known address under the circumstances specified12
in and in accordance with section 12-20-404 (4).13
SECTION 21. In Colorado Revised Statutes, 12-120-402, amend14
(5)(c) as follows:15
12-120-402.  Definitions. As used in this part 4, unless the context16
otherwise requires:17
(5) (c)  An individual practices or offers to practice architecture18
within the meaning and intent of this subsection (5) if the individual, by19
oral claim, sign, advertisement, letterhead, card, or in any other way,20
represents himself or herself ONESELF to be an architect, implies that he21
or she THE INDIVIDUAL is licensed under this part 4, or performs or offers22
to perform a service listed in subsection (5)(b) of this section.23
SECTION 22. In Colorado Revised Statutes, 12-120-403, amend24
(4) as follows:25
12-120-403.  Exemptions - definitions. (4)  Nothing in this part26
4 shall be construed as prohibiting the practice of architecture by any27
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-12- employee of the United States government or any bureau, division, or1
agency thereof OF THE UNITED STATES GOVERNMENT while in the2
discharge of his or her THE EMPLOYEE'S official duties.3
SECTION 23. In Colorado Revised Statutes, 12-120-404, amend4
(3)(b) as follows:5
12-120-404.  Forms of organizations permitted to practice -6
requirements. (3)  An entity listed in subsection (2) of this section may7
practice architecture, but only if:8
(b)  The architect remains individually responsible to the board and9
the public for his or her THE ARCHITECT'S professional acts and conduct;10
and11
SECTION 24. In Colorado Revised Statutes, 12-120-405, amend12
(2)(a) as follows:13
12-120-405.  Unauthorized practice - penalties - enforcement.14
(2) (a)  It is unlawful for any individual to hold himself or herself15
ONESELF out to the public as an architect unless the individual has16
complied with this part 4.17
SECTION 25. In Colorado Revised Statutes, 12-120-406, amend18
(6) as follows:19
12-120-406.  Disciplinary actions - grounds for discipline.20
(6)  If, as a result of a proceeding held pursuant to article 4 of title 24, the21
board determines that a person licensed to practice architecture pursuant22
to this part 4 has acted in such a manner as to be subject to disciplinary23
action, the board may, in lieu of or in addition to other forms of24
disciplinary action that may be authorized by this section, require a25
licensee to take courses of training or education relating to his or her THE26
LICENSEE'S profession. The board shall determine the conditions that may27
HB24-1329
-13- be imposed on the licensee, including, but not limited to, the type and1
number of hours of training or education. All training or education2
courses are subject to approval by the board, and the licensee shall be IS3
required to furnish satisfactory proof of completion of the training or4
education.5
SECTION 26. In Colorado Revised Statutes, 12-120-414, amend6
(1) as follows:7
12-120-414.  Retired architects - classification - fees. (1)  An8
architect who has been duly licensed and is over sixty-five years of age9
may apply to the board for classification as a retired architect. Retired10
architects shall not practice architecture and shall pay a fee established by11
the board to be listed with and retain retired architect status. A person12
classified as a retired architect may hold himself or herself ONESELF out13
as a retired architect.14
SECTION 27. In Colorado Revised Statutes, 12-120-417, amend15
(2) as follows:16
12-120-417.  Architect's seal - rules. (2)  An architect shall use17
his or her THE ARCHITECT'S seal AND signature and the date of signature18
only when the work to which the seal is applied was prepared under the19
architect's responsible control.20
SECTION 28. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly; except23
that, if a referendum petition is filed pursuant to section 1 (3) of article V24
of the state constitution against this act or an item, section, or part of this25
act within such period, then the act, item, section, or part will not take26
effect unless approved by the people at the general election to be held in27
HB24-1329
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official declaration of the vote thereon by the governor.2
HB24-1329
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