HOUSE BILL 24-1329
BY REPRESENTATIVE(S) Bird and Lindstedt, Frizell, Lieder, Ricks,
Duran, Froelich, Jodeh, Marshall, Parenti, Sirota, Snyder, Titone,
McCluskie;
also SENATOR(S) Marchman, Buckner, Hansen, Jaquez Lewis, Liston,
Mullica, Pelton B., Priola, Roberts.
C
ONCERNING THE CONTINUATION OF THE STATE BOARD OF LICENSURE FOR
ARCHITECTS
, PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND
SURVEYORS
, AND, IN CONNECTION THEREWITH, IMPLEMENTING THE
RECOMMENDATIONS CONTAINED IN THE
2023 SUNSET REPORT BY THE
DEPARTMENT OF REGULATORY AGENCIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
(25)(a)(IV); and add (34)(a)(X) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (25) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2024:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (IV) The state board of licensure for architects, professional
engineers, and professional land surveyors in the department of regulatory
agencies created in section 12-120-103;
(34) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2033:
(X) T
HE STATE BOARD OF LICENSURE FOR ARCHITECTS ,
PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS IN THE
DEPARTMENT OF REGULATORY AGENCIES CREATED IN SECTION
12-120-103.
SECTION 2. In Colorado Revised Statutes, 12-120-103, amend (2)
and (4)(a); and repeal (4)(b)(I) and (4)(c)(I) as follows:
12-120-103. State board of licensure for architects, professional
engineers, and professional land surveyors - creation - composition -
appointment of members - terms - meetings - program director and
staff - subject to review - repeal of article. (2) Sunset. This article 120
is repealed, effective September 1, 2024 SEPTEMBER 1, 2033. Before the
repeal, this article 120 is scheduled for review in accordance with section
24-34-104.
(4) (a) Professional engineer members. Each professional engineer
member of the board shall be a citizen of the United States and a resident
of this state for at least one year and shall have been licensed as a
professional engineer and practicing as such for at least five years.
(b) Professional land surveyor members. (I) A professional land
surveyor who is a member of the board shall be a citizen of the United
States and a resident of Colorado for at least one year.
(c) Architect members. To be eligible for membership on the
board, an architect shall be:
(I) A United States citizen and a resident of Colorado for at least one
year; and
SECTION 3. In Colorado Revised Statutes, 12-120-104, amend
(1)(c) introductory portion, (2)(b), and (3)(a); repeal (1)(c)(III); and add
(3)(c) as follows:
PAGE 2-HOUSE BILL 24-1329 12-120-104. Powers and duties of the board and division.
(1) General powers and duties. In order to carry into effect the provisions
of this article 120, the board shall:
(c) Keep a record of its proceedings and of all applications for
licensing under this article 120. The application record for each applicant
shall
MUST include:
(III) Place of business of the applicant;
(2) Board powers and duties regarding professional engineers.
For purposes of administering part 2 of this article 120 pertaining to the
regulation of professional engineers, the board shall:
(b) Provide for examinations of professional engineer license
applicants. in the "fundamentals of engineering" and the "principles and
practice of engineering". THE BOARD SHALL ADOPT THE APPROPRIATE
EXAMINATIONS
. Examinations shall
MUST be given as often as practicable.
The board shall ensure that the passing score for any examination is set to
measure the level of minimum competency. An applicant who fails to pass
the prescribed examination may be reexamined.
(3) Board powers and duties regarding professional land
surveyors. For purposes of administering part 3 of this article 120
pertaining to the regulation of professional land surveyors, the board shall:
(a) Require each applicant for professional land surveyor licensing
to demonstrate competence by means of examination and education and
may require work examples as it deems necessary and sufficient for
licensing; and
(c) PROMULGATE RULES TO ESTABLISH CONTINUING EDUCATION
REQUIREMENTS FOR PROFESSIONAL LAND SURVEYORS AS A CONDITION OF
LICENSE RENEWAL
.
SECTION 4. In Colorado Revised Statutes, 12-120-203, amend (1)
introductory portion as follows:
12-120-203. Exemptions. (1) This part 2 does not affect any of
NOTHING IN THIS PART 2 REQUIRES LICENSURE AS A PROFESSIONAL ENGINEER
PAGE 3-HOUSE BILL 24-1329 FOR the following:
SECTION 5. In Colorado Revised Statutes, 12-120-206, add (1)(n)
as follows:
12-120-206. Disciplinary actions - grounds for discipline. (1) The
board may take disciplinary or other action as authorized by section
12-20-404 against, or limit the scope of practice of, any professional
engineer or engineer-intern for:
(n) F
AILING TO RESPOND TO THE ALLEGATIONS IN A COMPLAINT
WITHIN THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD
IN ACCORDANCE WITH SUBSECTION
(2) OF THIS SECTION.
SECTION 6. In Colorado Revised Statutes, 12-120-211, amend
(2)(a), (3)(a), and (4)(a); and repeal (1) as follows:
12-120-211. Qualifications for engineer-interns. (1) An applicant
may qualify for enrollment as an engineer-intern by endorsement if the
applicant satisfies the requirements of the occupational credential portability
program.
(2) (a) An applicant may qualify for enrollment as an engineer-intern
by graduation and examination if the applicant passes the fundamentals of
engineering APPROPRIATE examination AS ADOPTED BY THE BOARD IN
ACCORDANCE WITH SECTION
12-120-104 (2)(b).
(3) (a) An applicant may qualify for enrollment as an engineer-intern
by graduation, experience, and examination if the applicant passes the
fundamentals of engineering
APPROPRIATE examination AS ADOPTED BY THE
BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b) and possesses a
total of six years of progressive engineering experience, of which
educational study may be a part.
(4) (a) An applicant may qualify for enrollment as an engineer-intern
by experience and examination if the applicant passes the fundamentals of
engineering APPROPRIATE examination AS ADOPTED BY THE BOARD IN
ACCORDANCE WITH SECTION
12-120-104 (2)(b).
SECTION 7. In Colorado Revised Statutes, 12-120-213, amend
PAGE 4-HOUSE BILL 24-1329 (2)(a) and (3)(a); and repeal (1) as follows:
12-120-213. Qualifications for professional engineer. (1) An
applicant may qualify for licensing as a professional engineer by
endorsement if the applicant satisfies the requirements of the occupational
credential portability program.
(2) (a) An applicant may qualify for licensing as a professional
engineer by graduation, experience, and examination if the applicant passes
the principles and practice of engineering
APPROPRIATE examination AS
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b).
(3) (a) An applicant may qualify for licensing as a professional
engineer by experience and examination if the applicant passes the
principles and practice of engineering
APPROPRIATE examination AS
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b).
SECTION 8. In Colorado Revised Statutes, 12-120-215, amend
(1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II); and repeal (1)(a)(III) and
(1)(b)(III) as follows:
12-120-215. Fees - disposition. (1) Pursuant to section 12-20-105,
the board shall charge and collect fees for the following:
(a) With respect to professional engineers:
(III) Application for licensure pursuant to the occupational
credential portability program;
(IV) Application for the principles and practice of engineering
APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE
WITH SECTION
12-120-104 (2)(b);
(VII) Reexamination for the principles and practice of engineeringAPPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE
WITH SECTION
12-120-104 (2)(b);
(b) With respect to engineer-interns:
(I) Application for the fundamentals of engineering
APPROPRIATE
PAGE 5-HOUSE BILL 24-1329 examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b);
(II) Reexamination for the fundamentals of engineering
APPROPRIATE examination AS ADOPTED BY THE BOARD IN ACCORDANCE
WITH SECTION
12-120-104 (2)(b);
(III) Application for enrollment pursuant to the occupationalcredential portability program.
SECTION 9. In Colorado Revised Statutes, 12-120-306, amend (1)
introductory portion, (1)(m), and (1)(n); and add (1)(o) as follows:
12-120-306. Disciplinary actions - grounds for discipline. (1) The
board may take disciplinary or other action as authorized by section
12-20-404
AGAINST, limit the scope of practice of, or require additional
training of any professional land surveyor or land surveyor-intern for:
(m) Attempting to use an expired, revoked, suspended, or
nonexistent license; practicing or offering to practice when not qualified;
or falsely claiming that the individual is licensed; or
(n) Using in any manner a license, license number, or certificate that
has not been issued to the individual by the board;
OR
(o) FAILING TO RESPOND TO ALLEGATIONS IN A COMPLAINT WITHIN
THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD IN
ACCORDANCE WITH SUBSECTION
(2) OF THIS SECTION.
SECTION 10. In Colorado Revised Statutes, 12-120-311, amend
(2)(a) and (3)(a); and repeal (1) as follows:
12-120-311. Qualifications for land surveyor-interns. (1) Anapplicant may qualify for enrollment as a land surveyor-intern by
endorsement if the applicant satisfies the requirements of the occupational
credential portability program.
(2) (a) An applicant may qualify for enrollment as a land
surveyor-intern by graduation and examination if the applicant passes the
fundamentals of surveying
APPROPRIATE examination AS ADOPTED BY THE
PAGE 6-HOUSE BILL 24-1329 BOARD IN ACCORDANCE WITH SECTION 12-120-104 (2)(b).
(3) (a) An applicant may qualify for enrollment as a land
surveyor-intern by education, experience, and examination if the applicant
passes the fundamentals of surveying
APPROPRIATE examination AS
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b).
SECTION 11. In Colorado Revised Statutes, 12-120-313, amend
(2)(a); and repeal (1) as follows:
12-120-313. Qualifications for professional land surveyor.
(1) An applicant may qualify for licensing as a professional land surveyorby endorsement if the applicant satisfies the requirements of the
occupational credential portability program.
(2) (a) An applicant may qualify for licensing as a professional land
surveyor by education, experience, and examination if the applicant passes
the principles and practice of surveying
APPROPRIATE examination AS
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b)
and the examination pertaining to Colorado law.
SECTION 12. In Colorado Revised Statutes, 12-120-315, amend
(1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II); and repeal (1)(a)(III) and
(1)(b)(III) as follows:
12-120-315. Fees - disposition. (1) Pursuant to section 12-20-105,
the board shall charge and collect fees for the following:
(a) With respect to professional land surveyors:
(III) Application for licensure pursuant to the occupational
credential portability program;
(IV) Application for the principles and practice of surveying
examination or the legal aspects of surveying APPROPRIATE examination AS
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b);
(VII) Reexamination for the principles and practice of surveyingexamination or the legal aspects of surveying APPROPRIATE examination AS
ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b);
PAGE 7-HOUSE BILL 24-1329 (b) With respect to land surveyor-interns:
(I) Application for the fundamentals of surveying APPROPRIATE
examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b);
(II) Reexamination for the fundamentals of surveying APPROPRIATE
examination AS ADOPTED BY THE BOARD IN ACCORDANCE WITH SECTION
12-120-104 (2)(b);
(III) Application for enrollment as a land surveyor-intern pursuant
to the occupational credential portability program.
SECTION 13. In Colorado Revised Statutes, 12-120-406, amend
(1)(q) and (1)(r); and add (1)(s) as follows:
12-120-406. Disciplinary actions - grounds for discipline. (1) The
board may take disciplinary or other action as authorized by section
12-20-404 against, or limit the scope of practice of, a licensee for the
following:
(q) Engaging in conduct that is intended or reasonably might be
expected to mislead the public into believing that the person is an architect;
or
(r) Engaging in the practice of an architect as a corporation or
partnership or group of persons, unless the entity meets the requirements of
section 12-120-404;
OR
(s) FAILING TO RESPOND TO ALLEGATIONS IN A COMPLAINT WITHIN
THE LENGTH OF TIME SPECIFIED IN THE LETTER ISSUED BY THE BOARD IN
ACCORDANCE WITH SUBSECTION
(2) OF THIS SECTION.
SECTION 14. In Colorado Revised Statutes, 12-120-413, amend
(3) as follows:
12-120-413. Qualifications for architect licensure. (3) An
applicant may obtain licensure by endorsement if the applicant satisfies the
requirements of the occupational credential portability program. AN
APPLICANT FOR LICENSURE BY ENDORSEMENT MUST HOLD A LICENSE IN
PAGE 8-HOUSE BILL 24-1329 GOOD STANDING IN A JURISDICTION THAT REQUIRES QUALIFICATIONS THAT
ARE SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE
SET FORTH IN SUBSECTIONS
(1) AND (2) OF THIS SECTION. AN APPLICANT FOR
LICENSURE BY ENDORSEMENT SHALL SUBMIT AN APPLICATION TO THE BOARD
IN A FORM AND MANNER PRESCRIBED BY THE BOARD
. The board may also
provide an alternative application procedure so that an applicant may at the
applicant's option, instead apply to a national clearinghouse designated by
the board. The national clearinghouse shall then forward the application to
the board.
SECTION 15. In Colorado Revised Statutes, 12-120-202, amend
(6)(b) as follows:
12-120-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(6) (b) An individual practices or offers to practice "professional
engineering" within the meaning and intent of this section if the individual
by oral claim, sign, advertisement, letterhead, card, or in any other way
represents himself or herself
ONESELF to be a professional engineer OR
through the use of any other means implies that the individual is licensed under this part 2 or performs engineering services.
SECTION 16. In Colorado Revised Statutes, 12-120-205, amend
(1) as follows:
12-120-205. Unlawful practice - penalties - enforcement. (1) It
is unlawful for any individual to hold himself or herself
ONESELF out to the
public as a professional engineer unless the individual has complied with
the provisions contained in
this part 2.
SECTION 17. In Colorado Revised Statutes, 12-120-206, amend
(2) as follows:
12-120-206. Disciplinary actions - grounds for discipline. (2) The
board may issue and send a letter of admonition by first-class mail to a
professional engineer or engineer-intern at his or her
THE INDIVIDUAL'S
last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).
PAGE 9-HOUSE BILL 24-1329 SECTION 18. In Colorado Revised Statutes, 12-120-302, amend
(5)(b) as follows:
12-120-302. Definitions. As used in this part 3, unless the context
otherwise requires:
(5) (b) An individual practices or offers to practice "professional
land surveying" within the meaning and intent of this part 3 if the individual
engages therein or, by oral claim, sign, letterhead, or card or in any other
way, holds himself or herself
ONESELF out to be a professional land
surveyor or as being able to perform any professional land surveying service
or if the individual performs any professional land surveying service or
work.
SECTION 19. In Colorado Revised Statutes, 12-120-306, amend
(2) as follows:
12-120-306. Disciplinary actions - grounds for discipline. (2) The
board may issue and send a letter of admonition by first-class mail to a
professional land surveyor or land surveyor-intern at his or her
THE
INDIVIDUAL
'S last-known address under the circumstances specified in and
in accordance with section 12-20-404 (4).
SECTION 20. In Colorado Revised Statutes, 12-120-402, amend
(5)(c) as follows:
12-120-402. Definitions. As used in this part 4, unless the context
otherwise requires:
(5) (c) An individual practices or offers to practice architecture
within the meaning and intent of this subsection (5) if the individual, by oral
claim, sign, advertisement, letterhead, card, or in any other way, represents
himself or herself
ONESELF to be an architect, implies that he or she THE
INDIVIDUAL
is licensed under this part 4, or performs or offers to perform
a service listed in subsection (5)(b) of this section.
SECTION 21. In Colorado Revised Statutes, 12-120-403, amend
(4) as follows:
12-120-403. Exemptions - definitions. (4) Nothing in this part 4
PAGE 10-HOUSE BILL 24-1329 shall be construed as prohibiting the practice of architecture by any
employee of the United States government or any bureau, division, or
agency thereof
OF THE UNITED STATES GOVERNMENT while in the discharge
of his or her THE EMPLOYEE'S official duties.
SECTION 22. In Colorado Revised Statutes, 12-120-404, amend
(3)(b) as follows:
12-120-404. Forms of organizations permitted to practice -
requirements. (3) An entity listed in subsection (2) of this section may
practice architecture, but only if:
(b) The architect remains individually responsible to the board and
the public for his or her THE ARCHITECT'S professional acts and conduct; and
SECTION 23. In Colorado Revised Statutes, 12-120-405, amend
(2)(a) as follows:
12-120-405. Unauthorized practice - penalties - enforcement.
(2) (a) It is unlawful for any individual to hold himself or herself ONESELF
out to the public as an architect unless the individual has complied with this
part 4.
SECTION 24. In Colorado Revised Statutes, 12-120-406, amend
(6) as follows:
12-120-406. Disciplinary actions - grounds for discipline. (6) If,
as a result of a proceeding held pursuant to article 4 of title 24, the board
determines that a person licensed to practice architecture pursuant to this
part 4 has acted in such a manner as to be subject to disciplinary action, the
board may, in lieu of or in addition to other forms of disciplinary action that
may be authorized by this section, require a licensee to take courses of
training or education relating to his or her
THE LICENSEE'S profession. The
board shall determine the conditions that may be imposed on the licensee,
including, but not limited to, the type and number of hours of training or
education. All training or education courses are subject to approval by the
board, and the licensee shall be
IS required to furnish satisfactory proof of
completion of the training or education.
SECTION 25. In Colorado Revised Statutes, 12-120-414, amend
PAGE 11-HOUSE BILL 24-1329 (1) as follows:
12-120-414. Retired architects - classification - fees. (1) An
architect who has been duly licensed and is over sixty-five years of age may
apply to the board for classification as a retired architect. Retired architects
shall not practice architecture and shall pay a fee established by the board
to be listed with and retain retired architect status. A person classified as a
retired architect may hold himself or herself
ONESELF out as a retired
architect.
SECTION 26. In Colorado Revised Statutes, 12-120-417, amend
(2) as follows:
12-120-417. Architect's seal - rules. (2) An architect shall use his
or her THE ARCHITECT'S seal AND signature and the date of signature only
when the work to which the seal is applied was prepared under the
architect's responsible control.
SECTION 27. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 12-HOUSE BILL 24-1329 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 24-1329