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House Committee Hearing Changed to Jan. 30 at 1:30 p.m. for Mandatory Continuing Education in Colorado  

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Gene Kooper
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Next Wednesday, January 23, 2019 at 1:30 p.m. the House Business Affairs and Labor Committee will hear the Professional Land Surveyors of Colorado's bill to mandate continuing education for license renewal.  The hearing will be in the Legislative Services Building, Room A (old Colorado State Museum).  If you are interested in testifying for or against the bill it is best to be there at 1:20 p.m. so you can sign up before the hearing starts. 

At present, House Bill 19-1040 - Concerning establishing a continuing education requirement for professional land surveyors is the third bill scheduled for the hearing.  It is wise to check the schedule prior to showing up in case other bills have been added.  Here is the link to the schedule and agenda for the House Business Affairs and Labor Committee for the day of the hearing.

House Business Affairs and Labor - Wednesday January 23, 2019 - 1:30 pm | LSB A

Agenda

The schedule web page has an audio symbol to the right of "1:30 pm | LSB A."  If you click on that a new page is displayed.  To the right of "January 23, 2019 - 1:30 PM" will be a link to "audio" and clicking on that after 1:30 will provide you with a live audio feed of the hearing.  You can determine for yourself which side has the better arguments and know in real time whether the bill was "postponed indefinitely" or referred to the "Committee of the Whole."

For reference, the following are PDFs of the introduced bill and fiscal note.

HB19-1040 - MCE bill (Introduced)

HB19-1040 - Fiscal Note 1

ETA:  As an alternative use this link to keep track of the bill's status, history and upcoming schedule.

HB19-1040 Professional Land Surveyors Continuing Education

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Gene Kooper
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As a reminder here is the meat of the bill:

Text of Section 1 of HB19-1040

1 Be it enacted by the General Assembly of the State of Colorado:

2 SECTION 1. In Colorado Revised Statutes, add 12-25-215.5 as

3 follows:

4 12-25-215.5. Continuing education - rules. NO LATER THAN

5 DECEMBER 31, 2019, THE BOARD SHALL ADOPT RULES ESTABLISHING

6 REQUIREMENTS FOR CONTINUING EDUCATION THAT A PROFESSIONAL LAND

7 SURVEYOR MUST COMPLETE IN ORDER TO RENEW AN ACTIVE LICENSE TO

8 PRACTICE LAND SURVEYING ON OR AFTER JULY 1, 2021. TO COMPLY WITH

9 THIS SECTION, THE RULES MUST REQUIRE THE SURVEYOR TO COMPLETE

10 BOARD-APPROVED CONTINUING EDUCATION SUFFICIENT TO MAINTAIN

11 COMPETENCY.

For those interested in reading the report and recommendations prepared by the Colorado Office of Policy, Research & Regulatory Reform (the group within DORA that prepared the report mandated by C.R.S. 24-34-901) here is the PDF entitled, "2018 Review:  Proposal for Mandatory Continuing Education for Professional Land Surveyors."  The proposed statute doesn't say much, but the Professional Land Surveyors of Colorado are very specific with what they want the rulemaking process to require of Colorado licensed Professional Land Surveyors.  On page 4 of the report (page 7 of 15 of the PDF file) they state:

  • 30 MCE hours is required during a biennium;
  • 2 MCE hours must be in ethics;
  • 10 MCE hours may be earned in self-directed study; and
  • 15 MCE hours may be carried forward into the subsequent biennium if a licensee exceeds the biennial requirement in any cycle.

Personally, I don't have any idea how the PLSC can propose 10 MCE hours in self-directed study when the statutory language clearly states that the continuing education MUST be board-approved CE sufficient to maintain competency.  That should prove interesting in the rulemaking process.

The other thing that I had to giggle at is that the PLSC proposes that CE credit should be given for "participating in professional or technical societies and their committees" (same page).  So, if I understand this correctly the PLSC Board of Directors (they approved submitting this bill to the Legislature) and those that serve on PLSC committees (e.g. the Legislative Committee that "wrote" the bill) will get CE credit for merely serving....Hmmm, so how does that meet the bill's requirement that ALL CE be "board-approved CE sufficient to maintain competency." It seems to me that some folks haven't quite thought this through.  I might have to sign up to be a member of the rulemaking committee just to see how they justify their notions as elaborated in the below PDF report from DORA if they manage to get this bill enacted.  I will remind the committee members that the architects specifically disallowed serving on professional society boards and committees from counting as mandated CE.  😀 

For those uninterested in the details of the report and how it was prepared, skip to the Conclusions on the last page.  The four determinations made by DORA are damning.  My professional peers supporting this bill are going to have to get on their tap shoes and perform a Ted Mack masterpiece to dance around the final paragraph and convince the Legislature that everything is Peachy Dory!

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Gene Kooper
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For completeness here are links to two earlier threads that I started on this topic.

State Continuing Education Requirements for License Renewal

Mandatory Continuing Education Bill (HB19-1040) Introduced in the 2019 Colorado Legislative Session

I hope to see some of you at the hearings and hope that those that are in favor of the bill recognize that I respectfully disagree with their opinion.

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Gene Kooper
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Bumping this to announce that the hearing has been rescheduled.  I received an email earlier this morning that the MCE bill will be heard on January 30, 2019 at 1:30 p.m. in the Legislative Services Building, Room A.  I will bump this again next Tuesday for anyone interested in attending or listening to the audio of the hearing.

The schedule for the House Business Affairs and Labor will be updated late tonight to show the change.

 

ETA:  The email from the staff person for the committee did not mention why it has been rescheduled.  Currently, there are two other bills scheduled for the Jan. 30 hearing by the House Business Affairs and Labor Committee.  Those are "Employment Support Job Retention Services Program" and "Plumbing Inspections Ensure Compliance."  No idea yet on the order of the bills.  Looks like an exciting line-up for next Wednesday.  It will likely be placed after the plumbing bill.  🤨 

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thebionicman
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The other day we followed morticians and accountants. Riveting stuff I tell you . 😎😎

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Gene Kooper
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Here is the Colorado General Assembly link that verifies the rescheduled hearing for HB19-1040.  It will be the first bill heard.

House Business Affairs and Labor - Wednesday January 30, 2019 - 1:30 pm | LSB A

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