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HB 347 (BR 1370) - J. Hoover, J. Barrows
AN ACT relating to architectural firms.
Create a new section of KRS Chapter 65 to define "employ" and "local government", and prohibit a local government from employing an architectural firm to serve as a construction manager on a capital construction project for which the architectural firm provided services and provide that no local government shall knowingly hire certain persons associated with the firm as a construction manager for the same project, and provide penalty for violation.
HB 347 - AMENDMENTS
HCS - Retain original provisions; define "construction manager" and "design -build"; clarify that ban on local government hiring of architect as architect and construction manager does not apply to design-build method.
HFA (1, J. Jenkins) - Amend to define "contractor"; prohibit a local government from employing a construction manager to serve as a contractor on a capital construction project for which the construction manager provided services and provide that no local government shall knowingly hire certain persons associated with the construction manager as a contractor for the same project; and provide penalty for violation.
HFA (2, R. Palumbo) - Amend to eliminate prohibition that a local government not employ an architectural firm to serve as construction manager on a capital construction project for which the architectural firm provided architectural services, and replace with language that requires a qualifications-based selection process be used to select the construction manager that does not preclude an architectural firm from acting as both architect and construction manager.
HFA (3/Title, R. Palumbo) - Amend title to AN ACT relating to architectural and construction management firms.
HFA (4, C. Belcher) - Provide that local governments violating the provisions have the state funds for the project suspended until the matter is resolved rather than becoming disqualified from state funding for the project.
HFA (5, C. Belcher) - Provide that local governments shall not employ an architectural firm or the persons related to employees of the firm to provide construction manager services when the firm provided architectural services, except as provided for by the American Institute of Architects.
HFA (6, C. Belcher) - Provide that local governments shall not employ an architectural firm or the persons related to employees of the firm to provide construction manager services when the firm provided architectural services, except as provided for by the American Institute of Architects; provide that local governments violating the provisions have the state funds for the project suspended until the matter is resolved rather than becoming disqualified from state funding for the project.
SCS - Retain original provisions of bill, but provide that a local government shall not employ the same entity to provide both architectural services and construction management services for a capital construction project, and also prohibit local governments from employing an officer, employee, or agent of, or relative of an officer, employee, or agent of either an architectural firm or construction management firm that provided one service to have that person provide the other; and provide that a violation shall apply to projects employing construction management firms as well as architectural firms.
SFA (1, M. Long) - Amend to delete language prohibiting a local government to hire the same firm or its principals to provide construction management and architectural services for the same project and replace with language requiring that local governments use a qualification-based selection process for hiring construction managers.
SFA (2, M. Long) - Amend to exempt architects and architectural firms that were licensed prior to the effective date of this Act from the prohibition on an entity providing architectural and construction management services for the same construction project.
SFA (3, M. Long) - Amend to delete provision baring a local government from knowingly hiring an employee, agent, or immediate relative of an architectural firm from serving as construction manager on the construction project that the firm provided design services; similarly bar a local government from knowingly hiring an employee, agent , or relative of a construction management firm from providing design services for the project that the firm is to provide construction management services.
Feb 16-introduced in House
Feb 19-to Licensing and Occupations (H); posting waived
Feb 21-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 22-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 23, 2001; floor amendment (1) filed to Committee Substitute
Feb 23-floor amendments (2) (3-title) (4) (5) and (6) filed to Committee Substitute
Feb 26-3rd reading; floor amendment (2) rejected ; passed 68-23 with Committee Substitute, floor amendment (4)
Feb 27-received in Senate
Mar 1-to Licensing and Occupations (S)
Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 6-2nd reading, to Rules; floor amendments (1) (2) and (3) filed to Committee Substitute
Mar 7-posted for passage in the Regular Orders of the Day for Wednesday, March 7, 2001; 3rd reading; floor amendments (1) and (2) defeated ; floor amendment (3) withdrawn ; passed 24-11 with Committee Substitute
Mar 8-received in House; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 67-23
Mar 9-enrolled, signed by each presiding officer, delivered to Governor
Mar 20-signed by Governor (Acts ch. 154)
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