Legislative Updates > Chairman's Message

General Assembly Update - 2010                    

 

By David T. D. Warriner, P.E.

Chairman, VSPE Legislative Committee

dwarriner@brockenbrough.com

 

Download 2010 wrap-up report from Lobbyist

This year was a different year for the Joint Legislative Committee (JLC).  In an effort to reduce costs, and because VSAIA was chairing the JLC in 2010, we met at VSAIA headquarters for initial meetings and used tele-conferencing for many issues.  Also in our agreement with the lobbyists at Williams-Mullen, we had agreed to only have them involved in bills that we actively supported or actively opposed.  Bills that in the past were monitored by our lobbyist, were now mostly monitored by VSAIA staff Duncan Abernathy, Director of Government & Industry Affairs.  Although it did save costs, I am not sure that there weren’t some minor opportunities to improve bills or defeat/support elements of bills that passed or died during the Assembly this year.  

Our number one objective this year at the General Assembly was to get our limited liability bill passed.  It was introduced in both the House (HB 797) and Senate (SB 104).  After initial success in committee, we finally started getting opposition from the trial lawyers.  We were able to successfully reject all their proposed amendments.  They thought this was a tort reform/cap type bill, but we explained that its intent was contractual liability limitation, not to protect gross negligence.  

The bills passed with a minor adjustment to match DPOR language on interior designers.  It was signed by the Governor and will become effective July 1, 2010.  

Listed below is a brief synopsis of other bills that we were actively engaged in.  

SB 506 - Political Contributions During Procurement Process

When first introduced, this bill would apply to any gift over $50 to anyone in the political arena and applied to gifts from anyone in “upper” management at your company.  Due to our group and many others, the bill was drastically modified.  

The final version only applies to the Governor, his PAC, and the Governor’s cabinet.  It also only applies to public procurement, PPTA or PPEA contracts over $5 million dollars.  

This version of the bill passed both the House and Senate and awaits the Governor’s signature, amendments, or veto.  

HB 1265 Professional Corporation Board of Directors

This bill had a technical amendment to add “member” in an addition to “shareholder” as far as the makeup of a board of directors.  It also added language to include certified interior designers as professional services.  It passed and is awaiting Governor’s action.  

It was our opinion that although this was mostly a technical amendment to clarify legalities associated with a professional corporation laws, it is a step in the process of interior designers becoming licensed sometime in the future.  

This bill rekindled discussion about the makeup of the APELSCIDLA Board and whether we should try and push legislative changes.  Consensus was to wait and see who takes over from Jay DeBoer.  

SB 276 and HB 438 - Dam Safety

These were two bills that pertained to regulated dams.  In both instances the bills reduce the spillway design criteria as it relates to a design storm event.  There is also language addressing criteria used for determining the hazard classification of a dam.  

In both cases the bills require DCR to adopt the proposed changes into the State’s dam safety regulations.  

Both bills went through significant discussion and changes during the process.  It was a classic example of “rubber meets the road” between regulatory language that sounds good and the real costs associated with compliance.  As with similar regulations in many other areas of our profession, the State agency interpretations can lead to requirements that are subject to cost-benefit impacts.  You also have the big picture solution in conflict with the small picture project.  Our fear is there will be many more bills in the future that will tweak and change regulations because of individual situations.  

There were other bills that were either defeated or carried over until next year.  Many of these had to do with energy mandates, green building requirements and tax credits.  There was one particular bill (SB 34) that could have significant impact on our profession.  It had to do with worker classification.  The bill tried to shift more people to the employee classification versus independent contractor.  Although the intent was directed at low wage jobs, it would have applied to all and potentially affected many A/E firms and their hiring of independent contractors as project consultants, inspectors, specialty designers, etc.  Hopefully if it comes back next year, it will be better written to target the intended group of workers and exclude those situations that are proper and mutually beneficial.  

Among other bills that were monitored without active involvement by the JLC were several AOSE and septic system bills that were handled by ACEC/VA individually.  There was also a bill that increased the threshold for competitive contracts from $30,000 and above to $50,000 and above for construction projects.  

There is also the budget bill that may or may not have items of interest in it.  We did not involve ourselves in that process as our influence is very limited.  

There are still numerous bills in the Governor’s office awaiting his action.  The General Assembly will come back into session on April 21st to deal with any vetos or amendments from the Governor.  After their action, all legislation will be official for the year.  We should then get a summary report from Williams-Mullen on all the legislation that the JLC was involved in.  I will forward this report to the VSPE Board.

Do not hesitate to contact me (dwarriner@brockenbrough.com) or Leigh Dicks (LeighDicks@VSPE.org) if you have any questions or concerns.

To obtain information about legislation introduced in the 2010 Session, click on the hyperlink below (the main home page for Legislative Services):

 

http://leg1.state.va.us

 


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