Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction 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 3rd Reading Unamended March 21, 2024 HOUSE Amended 2nd Reading March 20, 2024 HOUSE SPONSORSHIP Bird and Lindstedt, Frizell, Lieder, Ricks, Duran, Froelich, Jodeh, Marshall, McCluskie, Parenti, Sirota, Snyder, Titone 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 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, (2)(b), and (3)(a); repeal (1)(c)(III); and add25 (3)(c) as follows:26 12-120-104. Powers and duties of the board and division.27 1329 -3- (1) General powers and duties. In order to carry into effect the1 provisions of this article 120, the board shall:2 (c) Keep a record of its proceedings and of all applications for3 licensing under this article 120. The application record for each applicant4 shall MUST include:5 (III) Place of business of the applicant;6 (2) Board powers and duties regarding professional engineers.7 For purposes of administering part 2 of this article 120 pertaining to the8 regulation of professional engineers, the board shall:9 (b) Provide for examinations of professional engineer license10 applicants. in the "fundamentals of engineering" and the "principles and11 practice of engineering". THE BOARD SHALL ADOPT THE APPROPRIATE12 EXAMINATIONS. Examinations shall MUST be given as often as practicable.13 The board shall ensure that the passing score for any examination is set14 to measure the level of minimum competency. An applicant who fails to15 pass the prescribed examination may be reexamined.16 (3) Board powers and duties regarding professional land17 surveyors. For purposes of administering part 3 of this article 12018 pertaining to the regulation of professional land surveyors, the board19 shall:20 (a) Require each applicant for professional land surveyor licensing21 to demonstrate competence by means of examination and education and22 may require work examples as it deems necessary and sufficient for23 licensing. and24 (c) PROMULGATE RULES TO ESTABLISH CONTINUING EDUCATION25 REQUIREMENTS FOR PROFESSIONAL LAND SURVEYORS AS A CONDITION OF26 LICENSE RENEWAL.27 1329 -4- SECTION 4. In Colorado Revised Statutes, 12-120-203, amend1 (1) introductory portion as follows:2 12-120-203. Exemptions. (1) This part 2 does not affect any of3 N OTHING IN THIS PART 2 REQUIRES LICENSURE AS A PROFESSIONAL4 ENGINEER FOR the following:5 SECTION 5. In Colorado Revised Statutes, 12-120-206, add6 (1)(n) as follows:7 12-120-206. Disciplinary actions - grounds for discipline.8 (1) The board may take disciplinary or other action as authorized by9 section 12-20-404 against, or limit the scope of practice of, any10 professional engineer or engineer-intern for:11 (n) F AILING TO RESPOND TO THE ALLEGATIONS IN A COMPLAINT12 WITHIN THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE13 BOARD IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.14 SECTION 6. In Colorado Revised Statutes, 12-120-211, amend15 (2)(a), (3)(a), and (4)(a); and repeal (1) as follows:16 12-120-211. Qualifications for engineer-interns. (1) An 17 applicant may qualify for enrollment as an engineer-intern by18 endorsement if the applicant satisfies the requirements of the occupational19 credential portability program.20 (2) (a) An applicant may qualify for enrollment as an21 engineer-intern by graduation and examination if the applicant passes the22 fundamentals of engineering APPROPRIATE examination AS ADOPTED BY23 THE BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).24 (3) (a) An applicant may qualify for enrollment as an25 engineer-intern by graduation, experience, and examination if the26 applicant passes the fundamentals of engineering APPROPRIATE27 1329 -5- examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION1 12-120-104 (2)(b) and possesses a total of six years of progressive2 engineering experience, of which educational study may be a part.3 (4) (a) An applicant may qualify for enrollment as an4 engineer-intern by experience and examination if the applicant passes the5 fundamentals of engineering APPROPRIATE examination AS ADOPTED BY6 THE BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).7 SECTION 7. In Colorado Revised Statutes, 12-120-213, amend8 (2)(a) and (3)(a); and repeal (1) as follows:9 12-120-213. Qualifications for professional engineer. (1) An10 applicant may qualify for licensing as a professional engineer by11 endorsement if the applicant satisfies the requirements of the occupational12 credential portability program.13 (2) (a) An applicant may qualify for licensing as a professional14 engineer by graduation, experience, and examination if the applicant15 passes the principles and practice of engineering APPROPRIATE16 examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION17 12-120-104 (2)(b).18 (3) (a) An applicant may qualify for licensing as a professional19 engineer by experience and examination if the applicant passes the20 principles and practice of engineering APPROPRIATE examination AS21 ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-10422 (2)(b).23 SECTION 8. In Colorado Revised Statutes, 12-120-215, amend24 (1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II); and repeal (1)(a)(III) and25 (1)(b)(III) as follows:26 12-120-215. Fees - disposition. (1) Pursuant to section27 1329 -6- 12-20-105, the board shall charge and collect fees for the following:1 (a) With respect to professional engineers:2 (III) Application for licensure pursuant to the occupational3 credential portability program;4 (IV) Application for the principles and practice of engineering5 APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE6 WITH SECTION 12-120-104 (2)(b);7 (VII) Reexamination for the principles and practice of engineering8 APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE9 WITH SECTION 12-120-104 (2)(b);10 (b) With respect to engineer-interns:11 (I) Application for the fundamentals of engineering APPROPRIATE12 examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION13 12-120-104 (2)(b);14 (II) Reexamination for the fundamentals of engineering 15 APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE16 WITH SECTION 12-120-104 (2)(b);17 (III) Application for enrollment pursuant to the occupational18 credential portability program.19 SECTION 9. In Colorado Revised Statutes, 12-120-306, amend20 (1) introductory portion, (1)(m), and (1)(n); and add (1)(o) as follows:21 12-120-306. Disciplinary actions - grounds for discipline.22 (1) The board may take disciplinary or other action as authorized by23 section 12-20-404 AGAINST, limit the scope of practice of, or require24 additional training of any professional land surveyor or land25 surveyor-intern for:26 (m) Attempting to use an expired, revoked, suspended, or27 1329 -7- nonexistent license; practicing or offering to practice when not qualified;1 or falsely claiming that the individual is licensed; or2 (n) Using in any manner a license, license number, or certificate3 that has not been issued to the individual by the board; OR4 (o) F AILING TO RESPOND TO ALLEGATIONS IN A COMPLAINT WITHIN5 THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD IN6 ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.7 SECTION 10. In Colorado Revised Statutes, 12-120-311, amend8 (2)(a) and (3)(a); and repeal (1) as follows:9 12-120-311. Qualifications for land surveyor-interns. (1) An 10 applicant may qualify for enrollment as a land surveyor-intern by11 endorsement if the applicant satisfies the requirements of the occupational12 credential portability program.13 (2) (a) An applicant may qualify for enrollment as a land14 surveyor-intern by graduation and examination if the applicant passes the15 fundamentals of surveying APPROPRIATE examination AS ADOPTED BY THE16 BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).17 (3) (a) An applicant may qualify for enrollment as a land18 surveyor-intern by education, experience, and examination if the applicant19 passes the fundamentals of surveying APPROPRIATE examination AS20 ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-10421 (2)(b).22 SECTION 11. In Colorado Revised Statutes, 12-120-313, amend23 (2)(a); and repeal (1) as follows:24 12-120-313. Qualifications for professional land surveyor.25 (1) An applicant may qualify for licensing as a professional land surveyor26 by endorsement if the applicant satisfies the requirements of the27 1329 -8- occupational credential portability program.1 (2) (a) An applicant may qualify for licensing as a professional2 land surveyor by education, experience, and examination if the applicant3 passes the principles and practice of surveying APPROPRIATE examination4 AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-1045 (2)(b) and the examination pertaining to Colorado law.6 SECTION 12. In Colorado Revised Statutes, 12-120-315, amend7 (1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II); and repeal (1)(a)(III) and8 (1)(b)(III) as follows:9 12-120-315. Fees - disposition. (1) Pursuant to section10 12-20-105, the board shall charge and collect fees for the following:11 (a) With respect to professional land surveyors:12 (III) Application for licensure pursuant to the occupational13 credential portability program;14 (IV) Application for the principles and practice of surveying15 examination or the legal aspects of surveying APPROPRIATE examination16 AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-10417 (2)(b);18 (VII) Reexamination for the principles and practice of surveying19 examination or the legal aspects of surveying APPROPRIATE examination20 AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION 12-120-10421 (2)(b);22 (b) With respect to land surveyor-interns:23 (I) Application for the fundamentals of surveying APPROPRIATE24 examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION25 12-120-104 (2)(b);26 (II) Reexamination for the fundamentals of surveying 27 1329 -9- APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE1 WITH SECTION 12-120-104 (2)(b);2 (III) Application for enrollment as a land surveyor-intern pursuant3 to the occupational credential portability program.4 5 SECTION 13. In Colorado Revised Statutes, 12-120-406, amend6 (1)(q) and (1)(r); and add (1)(s) as follows:7 12-120-406. Disciplinary actions - grounds for discipline.8 (1) The board may take disciplinary or other action as authorized by9 section 12-20-404 against, or limit the scope of practice of, a licensee for10 the following:11 (q) Engaging in conduct that is intended or reasonably might be12 expected to mislead the public into believing that the person is an13 architect; or14 (r) Engaging in the practice of an architect as a corporation or15 partnership or group of persons, unless the entity meets the requirements16 of section 12-120-404; OR17 (s) F AILING TO RESPOND TO ALLEGATIONS IN A COMPLAINT WITHIN18 THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD IN19 ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.20 SECTION 14. In Colorado Revised Statutes, 12-120-413, amend21 (3) as follows:22 12-120-413. Qualifications for architect licensure. (3) An23 applicant may obtain licensure by endorsement if the applicant satisfies24 the requirements of the occupational credential portability program. AN25 APPLICANT FOR LICENSURE BY ENDORSEMENT MUST HOLD A LICENSE IN26 GOOD STANDING IN A JURISDICTION THAT REQUIRES QUALIFICATIONS THAT27 1329 -10- ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE1 SET FORTH IN SUBSECTIONS (1) AND (2) OF THIS SECTION. AN APPLICANT2 FOR LICENSURE BY ENDORSEMENT SHALL SUBMIT AN APPLICATION TO THE3 BOARD IN A FORM AND MANNER PRESCRIBED BY THE BOARD . The board4 may also provide an alternative application procedure so that an applicant5 may at the applicant's option, instead apply to a national clearinghouse6 designated by the board. The national clearinghouse shall then forward7 the application to the board.8 SECTION 15. In Colorado Revised Statutes, 12-120-202, amend9 (6)(b) as follows:10 12-120-202. Definitions. As used in this part 2, unless the context11 otherwise requires:12 (6) (b) An individual practices or offers to practice "professional13 engineering" within the meaning and intent of this section if the14 individual by oral claim, sign, advertisement, letterhead, card, or in any15 other way represents himself or herself ONESELF to be a professional16 engineer OR through the use of any other means implies that the17 individual is licensed under this part 2 or performs engineering services.18 SECTION 16. In Colorado Revised Statutes, 12-120-205, amend19 (1) as follows:20 12-120-205. Unlawful practice - penalties - enforcement. (1) It21 is unlawful for any individual to hold himself or herself ONESELF out to22 the public as a professional engineer unless the individual has complied23 with the provisions contained in this part 2.24 SECTION 17. In Colorado Revised Statutes, 12-120-206, amend25 (2) as follows:26 12-120-206. Disciplinary actions - grounds for discipline.27 1329 -11- (2) The board may issue and send a letter of admonition by first-class1 mail to a professional engineer or engineer-intern at his or her THE2 INDIVIDUAL'S last-known address under the circumstances specified in3 and in accordance with section 12-20-404 (4).4 SECTION 18. In Colorado Revised Statutes, 12-120-302, amend5 (5)(b) as follows:6 12-120-302. Definitions. As used in this part 3, unless the context7 otherwise requires:8 (5) (b) An individual practices or offers to practice "professional9 land surveying" within the meaning and intent of this part 3 if the10 individual engages therein or, by oral claim, sign, letterhead, or card or11 in any other way, holds himself or herself ONESELF out to be a12 professional land surveyor or as being able to perform any professional13 land surveying service or if the individual performs any professional land14 surveying service or work.15 SECTION 19. In Colorado Revised Statutes, 12-120-306, amend16 (2) as follows:17 12-120-306. Disciplinary actions - grounds for discipline.18 (2) The board may issue and send a letter of admonition by first-class19 mail to a professional land surveyor or land surveyor-intern at his or her20 THE INDIVIDUAL'S last-known address under the circumstances specified21 in and in accordance with section 12-20-404 (4).22 SECTION 20. In Colorado Revised Statutes, 12-120-402, amend23 (5)(c) as follows:24 12-120-402. Definitions. As used in this part 4, unless the context25 otherwise requires:26 (5) (c) An individual practices or offers to practice architecture27 1329 -12- within the meaning and intent of this subsection (5) if the individual, by1 oral claim, sign, advertisement, letterhead, card, or in any other way,2 represents himself or herself ONESELF to be an architect, implies that he3 or she THE INDIVIDUAL is licensed under this part 4, or performs or offers4 to perform a service listed in subsection (5)(b) of this section.5 SECTION 21. In Colorado Revised Statutes, 12-120-403, amend6 (4) as follows:7 12-120-403. Exemptions - definitions. (4) Nothing in this part8 4 shall be construed as prohibiting the practice of architecture by any9 employee of the United States government or any bureau, division, or10 agency thereof OF THE UNITED STATES GOVERNMENT while in the11 discharge of his or her THE EMPLOYEE'S official duties.12 SECTION 22. In Colorado Revised Statutes, 12-120-404, amend13 (3)(b) as follows:14 12-120-404. Forms of organizations permitted to practice -15 requirements. (3) An entity listed in subsection (2) of this section may16 practice architecture, but only if:17 (b) The architect remains individually responsible to the board and18 the public for his or her THE ARCHITECT'S professional acts and conduct;19 and20 SECTION 23. In Colorado Revised Statutes, 12-120-405, amend21 (2)(a) as follows:22 12-120-405. Unauthorized practice - penalties - enforcement.23 (2) (a) It is unlawful for any individual to hold himself or herself24 ONESELF out to the public as an architect unless the individual has25 complied with this part 4.26 SECTION 24. In Colorado Revised Statutes, 12-120-406, amend27 1329 -13- (6) as follows:1 12-120-406. Disciplinary actions - grounds for discipline.2 (6) If, as a result of a proceeding held pursuant to article 4 of title 24, the3 board determines that a person licensed to practice architecture pursuant4 to this part 4 has acted in such a manner as to be subject to disciplinary5 action, the board may, in lieu of or in addition to other forms of6 disciplinary action that may be authorized by this section, require a7 licensee to take courses of training or education relating to his or her THE8 LICENSEE'S profession. The board shall determine the conditions that may9 be imposed on the licensee, including, but not limited to, the type and10 number of hours of training or education. All training or education11 courses are subject to approval by the board, and the licensee shall be IS12 required to furnish satisfactory proof of completion of the training or13 education.14 SECTION 25. In Colorado Revised Statutes, 12-120-414, amend15 (1) as follows:16 12-120-414. Retired architects - classification - fees. (1) An17 architect who has been duly licensed and is over sixty-five years of age18 may apply to the board for classification as a retired architect. Retired19 architects shall not practice architecture and shall pay a fee established by20 the board to be listed with and retain retired architect status. A person21 classified as a retired architect may hold himself or herself ONESELF out22 as a retired architect.23 SECTION 26. In Colorado Revised Statutes, 12-120-417, amend24 (2) as follows:25 12-120-417. Architect's seal - rules. (2) An architect shall use26 his or her THE ARCHITECT'S seal AND signature and the date of signature27 1329 -14- only when the work to which the seal is applied was prepared under the1 architect's responsible control.2 SECTION 27. Act subject to petition - effective date. This act3 takes effect at 12:01 a.m. on the day following the expiration of the4 ninety-day period after final adjournment of the general assembly; except5 that, if a referendum petition is filed pursuant to section 1 (3) of article V6 of the state constitution against this act or an item, section, or part of this7 act within such period, then the act, item, section, or part will not take8 effect unless approved by the people at the general election to be held in9 November 2024 and, in such case, will take effect on the date of the10 official declaration of the vote thereon by the governor.11 1329 -15-