Date: 01/16/2006

Final
Board of Architects Sunset

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View--> Action Taken:
Amendment L.003 (Attachment H). The amendment was
Amendment L.004 (Attachment I). Jery Payne, who d
Moved to delete recommendation number five of the
Moved to recommend that the bill concerning the su		Pass Without Objection
PASS
Pass Without Objection
PASS


04:19 PM -- Sunset Review of the Colorado State Board of Examiners of Architects

Brian Tobias, Senior Policy Analyst, Department of Regulatory Agencies (DORA) explained the DORA sunset report (Attachment E). He talked about what architects do and why they are licensed. He stated that DORA recommends the continuation of the Architect Board. Mr. Tobias explained each section of the draft bill to continue the regulation of architects (Attachment F). Mr. Tobias stated that the bulk of the bill is the of combining the State Board of Examiners of Architects with the State Board of Licensure for Professional Engineers and Professional Land Surveyors, and the renumbering and restructuring of the applicable statutes. At the request of the committee, Mr. Tobias explained why DORA recommended that the statute be changed to say "licensed architect" rather than "architect" and responded to questions about that issue. The committee asked questions about the notice requirement portion of the bill and why the Department decided to strike the language that regulated the offering of gifts by architects. Mr. Tobias responded that DORA did not feel it was its place to regulate how architects promote their business. Mr. Tobias concluded his testimony.
04:51 PM -- John Yonushewski, Cheri Gerou, and Cornelius DuBois testified together on behalf of the American Institute of Architects (AIA). Mr. Yonushewski stated he was representing the Colorado component of the AIA. He stated that the AIA overall is in favor of the DORA's recommendations. Mr. Yonushewski explained that the AIA is luke warm on the recommendation to combine the boards because it can lead to inefficiency by the board due to the higher work load. He also stated the AIA is opposed to recommendation four, regarding the protection of the term licensed architects versus the term architect. There was more committee discussion about the term architect versus licensed architect. The committee asked what the AIA's position is on the bill striking the regulation of gifting by architects. Mr. DuBois responded that it is already covered in the ethical standards for architect.
05:03 PM -- Sheri Gerou, stated that the AIA would like to continue the Architect Board and listed the other recommendations the AIA agrees with. She reiterated that the AIA is opposed to the recommendation that changes the term architect to licensed architect. Representative Carroll asked Ms. Gerou about her thoughts on striking the gifting regulation from statute. Ms. Gerou stated that gift giving is covered in the ethical standards of the AIA. Representative Carroll stated that currently, the statute has an enforcement mechanism for gifting and if that is removed and given to the board, then the board will have the power.
05:08 PM -- Cornelius (Kin) DuBois also spoke to recommendation number four concerning changing the term architect. He explained that none of the 55 jurisdictions that regulate architects have two terms for architect and he believes it would cause confusion. Mr. DuBois offered some suggestions to the committee for some amendments to the draft bill. He thanked DORA for their efforts and concluded his testimony.
05:12 PM -- Marc Hamouz, Past-President of the American Council of Engineering Companies distributed a position statement of the Council (Attachment G). He stated the position statement was based on the DORA report and not the draft bill. Mr. Hamouz explained that the Council agreed with most of the report but disagreed with the changing the term architect to licensed architect and the repeal from the grounds for discipline the requirement that licensees report to the Board other licensees who have violated the act. Mr. Hamouz responded to questions from the committee.
05:20 PM -- Craig Coronato, representing the Colorado Council of Landscape Architects testified in support of the bill. Mr. Coronato stated that he opposes the recommendation to change the term architect to licensed architect.
BILL:Board of Architects Sunsets
TIME: 05:23:35 PM
MOVED:Balmer
MOTION:Moved to recommend that the bill concerning the sunset review of the Colorado State Board of Examiners of Architects be drafted and introduced in the 2006 session. The motion passed 12-0. Chairman Marshall indicated that Representative Balmer would be the prime House sponsor of the bill.
SECONDED:Knoedler
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
Yes
Liston
Yes
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
Excused
Cerbo
Yes
Marshall
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:24 PM -- There was a brief discussion about the members of the board and the language in the bill on page five that states that three of the members must be citizens of the United States and whether that should pertain to all thirteen members. Representative Butcher also stated that she would be interested in having one board member from each congressional district of the state.
BILL:Board of Architects Sunsets
TIME: 05:26:14 PM
MOVED:Balmer
MOTION:Amendment L.003 (Attachment H). The amendment was adopted without objection.
SECONDED:Knoedler
VOTE
Balmer
Borodkin
Butcher
Carroll M.
Coleman
Knoedler
Liston
McCluskey
Paccione
Penry
Welker
Cerbo
Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Board of Architects Sunsets
TIME: 05:27:08 PM
MOVED:Butcher
MOTION:Amendment L.004 (Attachment I). Jery Payne, who drafted the draft bill, responded to questions about the amendment. The amendment passed 11-2.
SECONDED:Paccione
VOTE
Balmer
Yes
Borodkin
Yes
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
Yes
Liston
Yes
McCluskey
No
Paccione
Yes
Penry
Yes
Welker
Yes
Cerbo
No
Marshall
Yes
Not Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:Board of Architects Sunsets
TIME: 05:31:14 PM
MOVED:Carroll M.
MOTION:Moved to delete recommendation number five of the sunset report out of the draft bill. This recommendation would have repealed from the grounds for discipline the requirement that licensees report to the board other licensees who violate the law.
SECONDED:Penry
VOTE
Balmer
Borodkin
Butcher
Carroll M.
Coleman
Knoedler
Liston
McCluskey
Paccione
Penry
Welker
Cerbo
Marshall
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



05:39 PM -- The committee adjourned.