Issues & AdvocacyState

HOT ISSUES IN THE STATES:

• Senate Bill 435 has been referred to the North Carolina Senate Judiciary Committee. The bill would protect architects, engineers, and design firms from frivolous lawsuits by requiring a Certificate of Merit to be filed in cases of civil litigation. In order for a lawsuit to be heard, the plaintiff must file an affidavit from a third-party design professional attesting to the merit of the claim. The bill’s progress can be tracked here. See also: A blog post on the subject by North Carolina construction lawyer Melissa Brumback.

• The Florida House recently has been considering a bill that would deregulate many professions, including interior design. On April 4, Rep. Ron Saunders (D—Key West) introduced an amendment to remove interior design from the deregulation bill; on April 6, that amendment was defeated, meaning that interior design will still be deregulated if the bill passes. The Orlando Sentinel has more on this story.

• In Hawaii, HB 793 SD1 passed the House on March 8 and now the Senate is considering it. This bill would suspend the contractor’s General Excise Tax exemption, and AIA Hawaii has mobilized architects against it. The Senate Ways and Means Committee deferred the measure until April 7. We will keep you updated on the bill’s status.

RESOURCES:

• At the 2011 Grassroots Conference in February, the 2011 State Economic Reports were distributed. Now, you can access them online here.

• Anyone who has spent an extended period working in State politics knows that calculating budget deficits and shortfalls can be calculated in many (and confusing) ways. Stateline published an excellent piece on April 5 explaining what budget shortfalls are, how they’re calculated, and why those calculations have become controversial.

FROM THE FEDERAL TEAM:

• With the likelihood of a federal government shutdown increasing by the hour, the federal relations team has developed this resource page for members about what it would mean for them and their practices.

• The Small Business Administration (SBA) is proposing to change the size standards for Architecture firms from $4.5 million in net revenue to $19 million, a change which would enable 97% of firms to qualify for SBA status. The AIA Federal Relations team has requested input from State advocates on this issue; click here for more information.

• Relatedly, the 2011 Architectural Services Data Summary (PDF), written by AIA National Director of Research James Chu, is now available. The report is a snapshot of the size of the Architecture profession in terms of revenue and billings, and features data from the 2007 U.S. Census Bureau Survey of Business Owners, and the 2009 AIA Firm Survey.

FINALLY:

The next SGN Monthly Open Call will take place on April 27 from 3:30-4:30 pm, Eastern Daylight Time (GMT-04:00).

AIA Vice President and General Counsel Jay Stephens will lead a discussion titled “AIA Public Policies & Position Statements: Avoiding Legal Pitfalls.” Discussion topics will include:

• The AIA Office of General Counsel: What we do, and how we can help you.

• The AIA’s Public Policies and Position Statements: What components and members need to know about compliance, and the process required in seeking exceptions.

• Antitrust discussion: Learning the basics on antitrust compliance, including the following:

o Why can’t we talk about fees?

o What is a group boycott, and why is it prohibited?

o How can you work with state legislatures and agencies on subjects affecting competition without violating antitrust laws?

• Amicus Briefs: What we look for in deciding to support components in court cases.

• And the Rest of the Story: Legal issues you’d like to talk about.

Here is the call information:

Event address for attendees: https://aiaevents.webex.com/aiaevents/onstage/g.php?d=666105640&t=a

Event number: 666 105 640

Event password: Welcome11

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Connect with AIA’s State Affairs team (Angie Taylor [Director, State Relations] 202.626.7583, angietaylor@aia.org; Chris Merriam [Manager, State Issues and Programs] 202.626.7449, chrismerriam@aia.org) or on Twitter (@AIA_StRelations).