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 HB24-1329 -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 -5- credential portability program.1 (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 -8- (III) Application for licensure pursuant to the occupational1 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 HB24-1329 -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 -11- land surveying" within the meaning and intent of this part 3 if the1 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 HB24-1329 -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 -14- November 2024 and, in such case, will take effect on the date of the1 official declaration of the vote thereon by the governor.2 HB24-1329 -15-