Colorado 2024 2024 Regular Session

Colorado House Bill HB1329 Amended / Bill

Filed 04/26/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0557.01 Kristen Forrestal x4217
HOUSE BILL 24-1329
House Committees Senate Committees
Business Affairs & Labor Business, Labor, & Technology
Appropriations
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
SENATE
3rd Reading Unamended
April 26, 2024
SENATE
2nd Reading Unamended
April 25, 2024
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, Buckner, Hansen, Jaquez Lewis, Liston, Mullica, Pelton B., Priola, Roberts
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
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-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-