AIA Indiana Legislative E-Newsletter 
Busy Thwarting Bad Bills  
February 6, 2018    

The 2018 session of the Indiana General Assembly is at the halfway point and AIA Indiana has been busy, along with our allies, killing multiple bad bills. AIA Indiana is also pursuing pro-active measures that would directly benefit Hoosier AIA members. Information regarding these matters is explained below.
 
HB 1015, unlawful indemnity agreements, authored by Rep. Jerry Torr (R-Carmel) is strongly supported by AIA Indiana and the American Council of Engineering Companies of Indiana (ACEC Indiana). The bill prohibits a requirement of immediate "Duty to Defend" of a client/owner when there has not been a claim of negligence. These expenses are not insurable under professional liability policies of design professionals. The bill passed out of the House Judiciary Committee 8-2 and out of the House of Representatives with an 86-11 vote count. It will now be debated in the Senate Civil Law Committee.
 
At this time, it's very important to contact your state senator and urge them to support HB 1015.
 
State Senate Phone - 800/382-9467
CLICK HERE to email your legislator. 
CLICK HERE to find your legislators. 
 
See the HB 1015 talking points below.  
*Section 2 of the bill will fix the problem with "uninsurable contracts" for design professionals, to make the contracts fair, business friendly, and allow professional liability insurance to respond appropriately.
*Don't dilute the bill with amendments that require design professionals to pay expensive defense costs of clients out of the designer's own pocket when they are not negligent and did nothing wrong. There is no insurance coverage available for this. Professional liability insurance won't cover these expenses unless there is a claim of "negligence," nor will the design professional's commercial general liability because it excludes "professional services."
*If asked, AIA Indiana finds Section 1 of the bill, which concerns sole negligence, acceptable and supports it.  
* CLICK HERE to learn more about HB 1015.

(L-R) Rep. Jeff Thompson (R-Lizton) and Dan Overbey, AIA.
 
HB 1360, illegal practice of architecture, authored by Rep. Dan Forestal (D-Indianapolis), was assigned to the House Employment, Labor and Pensions Committee. The bill did not receive a hearing but AIA Indiana is pursuing amending the language into another bill that is alive and moving. The language in HB 1360 makes the illegal practice of architecture a Class A infraction. Current law makes the illegal practice of architecture a Class C infraction. The maximum judgment for a Class C infraction is $500, while the maximum judgment for a Class A infraction is $10,000.

Mark Demerly, AIA testifying in the House Commerce and technology Committee.
 
SB 435, building codes, authored by Sen. Jon Ford (R-Terre Haute), requires the state to adopt a residential building code; however, it would not be required to be based on the universally accepted and used International Residential Code (IRC), whose principles are based on protection of public health, safety and welfare. SB 435 also includes language that would have prohibited a homeowner, builder, or developer to voluntarily exceed the code which would have completely muted personal liberty and market freedom while stifling the use of advanced technologies.
 
SB 435 was supported by the Indiana Builders Association (IBA). AIA Indiana strongly opposed the bill in its introduced form and met with the bill's author, Sen. Ford, regarding our concerns early in the session. It was a positive meeting and Sen. Ford agreed to amend the bill in an acceptable manner. Nonetheless, due to significant lobbying in opposition, SB 345 was not heard in committee and is dead for this session.
(L-R) AIA Indiana Executive Director Jason Shelley and Scott Pannicke, AIA.
 
HB 1271, piping materials for public works projects, authored by Rep. Doug Miller (R-Elkhart), a past president of the IBA, seeks to legislate the criteria engineers use in determining the most appropriate materials to be used on a project. This same bill was also considered in 2014 with language requiring the consideration of a specific type of piping, PVC.  AIA Indiana opposes HB 1271 because it imposes arbitrary and unnecessary specification requirements, seeks to solve a non-existent problem, and is a thinly veiled effort to promote a product. The bill would set a terrible precedent if it were to pass, but thankfully it will not in this session. HB 1271, due to intense lobbying by AIA Indiana, ACEC, the Indiana Association of Cities and Towns, and other interested parties, was not heard in committee. Thank you Rep. Kevin Mahan (R-Hartford City), House Government and Regulatory Reform Committee chair, for not hearing HB 1271!
 
SB 383, specifications for local public work contracts, authored by Sen. Mark Messmer (R-Jasper), requires for a local public work project for a school corporation with an estimated cost greater than $1 million, that the designer specify at least three products or systems that are acceptable and equal. The bill also establishes a procedure for the specification of a single approved source when it is considered to be in the best interest of the public to do so. AIA Indiana helped draft the legislation at the request of Sen. Messmer.
 
SB 383 is a work in progress and will need to be further amended. It passed out of the Senate with a vote count of 36-12. AIA Indiana will continue working with the bill's author and House sponsor, Rep. Ed Soliday (R-Valparaiso).

Bill Payne, AIA testifying in the Senate Local Government Committee.
 
HB 1030, safety requirements for Class 2 structures, authored by Rep. Randy Frye (R-Greensburg), allows a Class 2 structure townhouse to be separated from an adjoining unit by a two-hour fire resistance rated wall or a one-hour fire resistance rated wall if each adjoining unit contains an automatic sprinkler system. The bill also prohibits the Fire Prevention and Building Safety Commission or a state agency or any political subdivision from adopting an ordinance or regulation requiring the installation of an automatic fire sprinkler system.
 
HB 1030 as introduced, and as it passed out of the House Commerce and Technology Committee, only included language related to the fire wall/fire sprinkler option. AIA Indiana testified in favor of the bill in committee. The IBA pushed for an amendment on the House floor that added the fire sprinkler prohibition language. HB 1030 as amended passed out of the House with a vote count of 68-28. AIA Indiana will continue to monitor this bill. 
 
As always, your comments and input are welcome regarding any legislative issue.  
 
During every state legislative session, your help is needed. You are urged to contact your legislators and use your clout to positively impact our profession at the statehouse. Also, please contact your state senator and state representative and introduce yourself, if you don't already know them. Invite them to tour your firm. Discuss with them the issues that are important to you and your firm. I am sure they will appreciate hearing from you. To contact your legislators, see the information below.
 
*House of Representatives Phone - 800/382-9842
*State Senate Phone - 800/382-9467
* CLICK HERE to email your legislator.
* CLICK HERE to find your legislator. 
 
Do not hesitate to contact AIA Indiana Executive Director Jason Shelley, jshelley@aiaindiana.org, 317-634-6993, if you have questions or concerns regarding these or any other issues.
Use your clout and support your profession by attending an "AIA Indiana Day at the Statehouse." This is a unique opportunity for you to learn firsthand about the key AIA state legislative and regulatory issues and to become a lobbyist for a day. You will be able to directly impact the legislative process by meeting with your state legislators and discussing the issues important to architects. Current dates available are: February 12, 14, 21, 22, 26, 27, and 28. Please choose a date, RSVP to AIA Indiana Executive Director Jason Shelley, jshelley@aiaindiana.org, 317/634-6993. The day will begin at 12 p.m. with lunch and end no later than 3 p.m. A unified voice is vital. Don't wait to get involved!
 
Young Architects Forum Day at the Statehouse is scheduled for Monday, February 19. CLICK HERE to register.
Lobbying Basics for Communicating with Your Local Legislators 

*Please contact your state senator and state representative and introduce yourself, if you don't already know them. Invite them to tour your firm. Discuss with them the issues that are important to you and your firm. I am sure they will appreciate hearing from you. To contact your legislators, see the information below.
 
House of Representatives - 800/382-9842
State Senate - 800/382-9467
 
AIA Southern Indiana members meeting with Rep Ed Clere (R - New Albany), Sen. Ron Grooms (R - Jeffersonville) and Rep Steve Stemler (D - Jefferonville) at Kovert Hawkins Architects' office in Jeffersonville, IN. 

*Take a personal inventory of how you know legislators with whom you have a personal relationship (political or civic activities, church, business relationships, etc.)
 
*If you are having an open house, or important press release or ribbon cutting event, add your local legislators to the mailing list.
 
*Ask legislators and other elected officials to attend local AIA chapter meetings.
 
*Invite your local legislators to visit your firm.
 
*Invite your local legislator to lunch or coffee.
 
Do not hesitate to contact AIA Indiana Executive Director Jason Shelley, 317/634-6993 or jshelley@aiaindiana.org , if you have any questions.
Architects for Indiana Political Action Committee 

Please contribute to the Architects for Indiana Political Action Committee (ARCHPAC).  The importance of our participation in the political process becomes evident each time we must take action to cope with legislative proposals that call for extending the sales tax to services, requiring stock school plans, or providing interior designers stamping privileges!  
 
Please join many of your fellow Hoosier AIA members who have already contributed and write a $50 check today to ARCHPAC and return it to AIA Indiana, 115 W. Washington St., Suite 955 S, Indianapolis, IN 46204.
AIA Indiana | 317-634-6993 | jshelley@aiaindiana.org | www.aiaindiana.org
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