Page 58 - CCD Magazine-Spring 2019

Marilen Reimer
Marilen Reimer, CAE is the Executive Director, ACEC Colorado.
As I sit in a committee hearing at the state capitol, I have some time to reflect on the estimated 500 bills that have been introduced since the state legislature convened on Jan. 3, 2019. With a May 3 adjournment, we are interested to see what will be accomplished between now and then. The 2018 election allowed for a makeup of the all-Democratic legislative and executive branches, giving way to a new buzz around the capitol on how they are going to govern.
From ACEC Colorado’s perspective, the focus is on how their agenda impacts the business of engineering. We have noticed that the legislature is regulating processes long
in place, but still effective, and should be left to agencies and appropriate stakeholders with the expertise to make the necessary adjustments. The other observation is that some bills may be well-meaning but may have unintended consequences on businesses.
Several bills— including Senate Bill (SB)19-076, which concerns the procurement of consultant construction management and construction engineering services to be fixed-bid instead of hourly—and SB19-196, known as the “Colorado Apprentice Quality Act,” are examples of elected officials who do not have the necessary expertise in the design or construction industry deciding how consultant or contractor services should be determined or which project delivery method should be used. These practices are best evaluated and changed by those stakeholders knowledgeable of how these practices can be the most efficient or provide the most cost savings for taxpayers’ dollars as the proponents intend.
The sponsors of SB19-169, regarding project management competencies for certain contracts, are concerned about the mismanagement of the Colorado Governor’s Office
of Information Technology (IT) and its approval of large
58 | Colorado Construction & Design
change orders. This bill requires a tracking device on computers of consultants with state IT contracts of more than $1 million, and the device captures screenshots and keystroke impressions every three minutes. It is unclear
if users of state-owned software are required to have this tracking device. Hopefully, recommendations to eliminate section two of the bill will be heeded, and efforts will be spent addressing the concerns of the sponsors instead of burdening those working for the state in good faith.
SB19-188 will create a state Family Leave Insurance program in which both employees and employers would contribute to, even if the employer already provides
this benefit. The bill has generated lively conversations about its impacts on our member firms, especially small companies, since the bill allows for an employee to take up to 12 weeks of leave. If the firm has more than 50 employees and is subject to the federal Family Medical Leave Act, the employee may take an additional 12 weeks. Although the intent of this bill is notable, especially for those who do not have this benefit, it has unintended consequences, including impacting businesses in the design and construction industry that rely on adhering to strict project deadlines and negatively impacting public safety. Additionally, this bill would also affect secondary organizations and associations, such as ACEC Colorado, that operate with a small number of staff members.
To provide more information about legislation affecting the business of engineering, ACEC Colorado distributes a weekly Advocacy Update via email to its members during the legislative session. ACEC Colorado will continue to advocate for its members and provide the most up-to-date information regarding legislation that impacts their businesses.
Engineering Colorado
The Latest Legislative Bills Affecting the Design and Construction Industry
by Marilen Reimer, CAE