Provider Name/LogoAIA Pittsburgh Provider # 217

Learning the Process: Being an

Effective Voice in HarrisburgLPH_BP15

Stephen M. Swarney, J.D.

April 23, 2015

Credit(s) earned on completion of

this course will be reported to AIA

CES for AIA members.

Certificates of Completion for both

AIA members and non-AIA

members are available upon

request.

This course is registered with AIA

CES for continuing professional

education. As such, it does not

include content that may be

deemed or construed to be an

approval or endorsement by the

AIA of any material of construction

or any method or manner of

handling, using, distributing, or

dealing in any material or product._______________________________________

____

Questions related to specific materials, methods,

and services will be addressed at the conclusion

of this presentation.

Course

Description

Building codes, multiple prime contracts, historic tax credits, continuing education, and a professional service sales tax affect the practice of architecture in ways that appear to be beyond our control. How these regulations are structured rests with the Pennsylvania State Legislature. Learning the process is critical to understanding how we can impact the decision-making process to obtain favorable results. AIA Pennsylvania is thoroughly involved in placing our opinions before the Representatives and making our case. In this one-hour course, Executive Director Stephen M. Swarney, JD will discuss the status of current legislation and give participants the tools needed to positively influence the process in ways that will benefit our clients and the general public. During this presentation, Mr. Swarney will present the following five components in understanding and producing effective legislative action: a basic understanding of how legislation is passed including process, negotiations, finding sponsors, and roadblocks; influences of the AIA Pennsylvania agenda and how it is generated; an explanation of the impact of a variety of methods of contacting legislators including Architect’s Action Day, emails, and letters; case studies of successful and unsuccessful initiatives; and the 2015 AIA Pennsylvania agency items before the Legislature.

Learning

Objectives

1. Understand the process and how it

affects legislation.

2. Determine which techniques provide the

greatest effect.

3. Utilize various methods to present

positions.

4. Leverage knowledge and experience for

the public good.

At the end of the this course, participants will be able to:

April 23, 2015

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“Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy.”

- Ernest Benn

Establishing relationships with legislators and public officials.

Being aware of who is in power and what their agenda is.

Monitoring pending legislation.

Initiating legislation.

Advocating positions for architects.

Raising the profile of architects and establishing the importance of good design.

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How the soup is made - from an idea to a law and everything in between.

How AIA Pennsylvania develops its political agenda and how you are part of it.

Advocacy – What are we doing and how we can be more effective?

A few case studies.

What’s going on in the legislature for us right now?

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Who has the power to create laws?

Article II, Section 1 of the Constitution of Pennsylvania provides, “The legislative power of this Commonwealth shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.”

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Senate – consisting of 50 members elected for a term of four years.

House – consisting of 203 members elected for a term of two years.

On average, a state senator represents approximately 246,000 people and a state representative represents approximately 60,000people.

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Many times we get calls from members asking us to just fix something.

Another statement we hear is, “this is such a basic and common sense idea, can’t you just get it passed quickly?”

Thankfully, the answer is “no”. The process is intentionally complex and takes time.

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During the 2013-2014 Legislative Session,

Senate:Cosponsor memos - 1,840Bills filed - 1,476Bills enacted - 136

House:Cosponsor memos - 3,675Bills filed - 2,519Bills enacted - 229

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A legislator (either a Senator or a Representative) has an idea.

The legislator writes a memo to colleagues describing the idea and asking for cosponsors once a bill is drafted. Generally, the more cosponsors the better.

The idea is sent to the Legislative Reference Bureau where it is drafted and typed in proper legal form.

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* March 13, 2013 04:07 PM * Rep. Curtis Sonney * Architect Law_ continuing education * In the near future, I plan to introduce new legislation to amend the * Architects Licensure Law, to include mandatory continuing education * (MCE) in Pennsylvania. * * * * I believe all architects should maintain a professional standard of * competence and supports lifelong education and continuing education * programs supplementing active practice. Architects are uniquely * qualified to work with the building code and other requirements and * regulations associated with the design and construction industry. With * the recent increased pace in the changes in the technology and * structure of the industry, and with updates in the building codes, it * is important for public safety, health and welfare that continuing * education be required for the licensure of architects in the * Commonwealth. * *

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"Continuing education." Educational activities which: 2 (1) promote competency of licensees; 3 (2) are given by providers that are approved by the board; 4 and 5 (3) meet the criteria established by regulations 6 promulgated by the board. 7 * * * 8 "Health, safety and welfare credits." Technical and professional 9 subjects that the board deems appropriate to safeguard the public's 10 health, safety and welfare. The subjects shall include, but not be 11 limited to, all of the following: 12 (1) Building design. 13 (2) Environmental or land use analysis. 14 (3) Life safety systems. 15 (4) Building programming. 16 (5) Site and soils analysis. 17 (6) Accessibility. 18 (7) Lateral forces and seismic design. 19 (8) Building codes. 20 (9) Evaluation and selection of building systems, products 21 or materials. 22 (10) Construction methods. 23 (11) Contract documentation. 24 (12) Construction administration. 25 (13) Electrical system considerations. 26 (14) Mechanical system considerations. 27 (15) Plumbing system considerations. 28 (16) Structural system considerations. 29 (17) Standards of Professional Conduct and Ethics.

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Amend Bill, page 2, by inserting between lines 27 and 28 "Interior design services." Services provided by an interior designer that include the selection and placement of nonstructural elements within the interior space of a building or structure, and the rendering of or the offering to render designs, consultations, studies, planning, drawings, contract documents, interior construction documents or other technical submissions and the administration of interior construction and contracts relating to nonloadbearing interior construction of a building or structure. "Interior designer." An individual who provides interior design services under his or her own seal and signature.

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The legislator then files the bill for introduction.

House bills are filed with the Chief Clerk of the House who assigns the bill a number (i.e., House Bill 777 or HB 777) and delivers it to the Speaker of the House.

Senate bills are filed with the Secretary/Parliamentarian of the Senate who assigns a number (i.e, Senate Bill 777 or SB 777) and delivers it to the President Pro Tempore of the Senate.

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The bill is then assigned or referred to a standing committee.

Standing committees are permanent committees that typically don’t change from session to session, only the members of the committee change.

Once the bill arrives in committee, it is copied, distributed, and made available to the public.

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Committee Chair

Aging & Older Adult Services Representative Tim Hennessey

Agriculture & Rural Affairs Representative Martin T. Causer

Appropriations Representative William F. Adolph

Children & Youth Representative Katharine M. Watson

Commerce Representative Adam Harris

Committee On Committees Representative Robert W. Godshall

Committee On Ethics Representative Scott A. Petri

Consumer Affairs Representative Robert W. Godshall

Education Representative Stan Saylor

Environmental Resources & Energy Representative John Maher

Finance Representative Bernie O'Neill

Game & Fisheries Representative Keith Gillespie

Gaming Oversight Representative John D. Payne

Health Representative Matthew E. Baker

Human Services Representative Gene DiGirolamo

Insurance Representative Tina Pickett

Judiciary Representative Ron Marsico

Labor & Industry Representative Mauree Gingrich

Liquor Control Representative Chris Ross

Local Government Representative Kate Harper

Professional Licensure Representative Julie Harhart

Rules Representative Dave Reed

State Government Representative Daryl D. Metcalfe

Tourism & Recreational Development Representative David S. Hickernell

Transportation Representative John Taylor

Urban Affairs Representative Scott A. Petri

Veterans Affairs & Emergency Preparedness Representative Stephen Barrar

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Committee Chair

Aging & Youth Senator Michele Brooks

Agriculture & Rural Affairs Senator Elder A. Vogel

Appropriations Senator Patrick M. Browne

Banking & Insurance Senator Donald C. White

Communications & Technology Senator Ryan P. Aument

Community, Economic & Recreational Development Senator Kim L. Ward

Consumer Protection & Professional Licensure Senator Robert M. Tomlinson

Education Senator Lloyd K. Smucker

Environmental Resources & Energy Senator Gene Yaw

Finance Senator John H. Eichelberger

Game & Fisheries Senator Mario M. Scavello

Intergovernmental Operations Senator Thomas J. McGarrigle

Judiciary Senator Stewart J. Greenleaf

Labor & Industry Senator Lisa Baker

Law & Justice Senator Charles T. McIlhinney

Local Government Senator Scott E. Hutchinson

Public Health & Welfare Senator Patricia H. Vance

Rules & Executive Nominations Senator Jake Corman

State Government Senator Mike Folmer

Transportation Senator John C. Rafferty

Urban Affairs & Housing Senator Scott Wagner

Veterans Affairs & Emergency Preparedness Senator Randy Vulakovich

Each committee is made up of both the majority party and the minority party. Elections matter!

Each committee has two leaders, the majority leader or Chairperson and the minority leader.

The committee may:- Hold a public hearing;- Report the bill as committed (no changes);- Report the bill as amended (with changes);- Vote to not consider the bill; or- Not consider the bill

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Majority Chair, Robert “Tommy” Tomlinson

Scavello, Mario M., Vice Chair

Scarnati, Joseph B., III, Ex-Officio

Baker, Lisa

Gordner, John R.

Greenleaf, Stewart J.

Pileggi, Dominic

Rafferty, John C., Jr.

Vance, Patricia H.

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Minority, Chair, Lisa Boscola

Farnese, Lawrence M., Jr.

Haywood, Arthur L, III

Wozniak, John N.

Yudichak, John T.

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Tomlinson - Legislator/Funeral Director

Scavello - Legislator

Scarnati - Business Owner, State Senator

Baker - State Senator

Gordner -Attorney, State Senator

Greenleaf - Attorney

Pileggi - State Senator, Attorney

Rafferty - State Senator

Vance - Former Nurse, State Senator

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In addition:

Each party has a party caucus that considers the bill.

Basically, members of the party meet to discuss the bill, support or oppose it, and offer advice to their party members.

This is done primarily to see how the party will vote on a bill should it come to the floor for a vote.

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If a bill passes committee, it is brought to the floor for debate and a vote.

Every bill is considered on three different days in each chamber before the vote on final passage.

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First consideration – bills are NOT subject to amendment, debate, or a vote. (Typically amendments can be filed any other time in the process)

Second consideration – bills ARE subject to debate and amendment.

Fiscal Note – Any bill requiring an expenditure of Commonwealth funds MUST be referred to the Appropriations Committee for a fiscal note before it can be given third consideration.

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Third consideration – The House and Senate each have some nuances concerning amendments at this stage.

102 votes are required for passage in the House.

26 votes are required for passage in the Senate.

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After passage by one of the bodies of the general assembly, the bill must go to the other body and start the process over again in committee.

A word about AMENDMENTS:

Can be filed by any legislator (where the bill currently sits.)

Are driven by competing interests.

Are voted on in committee or on the floor.

Make bills better or worse – depending who you ask.

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What happens if each body passes its own bill ?

Differences must be worked out in a compromise.

What happens if the Senate approves a House bill without amendments?

The bill is then transmitted back to be signed by each leader and then on to the Governor.

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What happens if the Senate approves a House bill with amendments? It is returned to the House Rules Committee for

consideration and concurrence vote.

What happens after a bill goes to the Governor? 1. He can sign the bill into law.

2. He can veto the bill (if its an appropriations bill he can use a “line-item veto.”

3. He can allow the bill to become law without his signature.

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What happens if the Governor vetoes a bill?

The bill is returned to the general assembly where it can be re-passed by a two-thirds vote of each body:

House 136 members

Senate 34 members

• If the Governor decides not to sign or act on the bill;

• If the general assembly is in session the bill becomes law after 10 days.

• If the general assembly is not in session, the bill dies after 10 days (pocket veto.)

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AIA Pennsylvania is governed by a Board of Directors.

The BOD develops a strategic plan.

One of our important committees is the Government Affairs Committee.

The GAC is guided by the strategic plan and:

Input from staff (two registered lobbyists.)

Input from members through an annual survey.

Input from components.

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Definition: public support for or recommendation of a particular cause or policy

Make your voice and the voice of your profession heard

Administration & Legislators want to hear from you

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Grassroots What is it?

Group of like-minded people coming together for a particular cause

Why is grassroots important? Legislators depend on their constituents’ to let them

know how policy affects their local community

Through constituent letters, phone calls, and face-to-face meetings, legislators learn what's important to the “people back home.”

Greater influence and impact is gained when large numbers of constituents speak with “one voice.”

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Learning about our

Legislators

AIA Pennsylvania has a vast network and amount of detailed knowledge at our fingertips.

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15th LegislatureRegular Session

SenateDistrict 37Matt Smith (D)(Allegheny)

AIA Pennsylvania hosts an annual Action Day.

We also hold an annual “Virtual Lobby Day.”

We encourage YOU to develop relationships with your legislators.

We are in constant contact with Legislators

Allies

AIA National

Establish future relationships.

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Develop a Relationship

Visit or contact Your Representative with a Specific Message

Be Very Clear, but Respectful

Be a Useful Resource

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Talk to Staffers

Follow Up!

Keep AIA Pennsylvania as a Partner in Your Relationship

Give to the PA PAC

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MOST OF ALL:

Remember that our legislators work for us, and it is our responsibility to keep them informed on issues of importance to our profession. Through developing relationships with our representatives, we are helping them, and they, in turn, can help us. That is how our system of government works, and AIA Pennsylvania wants it to work well for the architectural profession and the quality of our built environment.

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An organization that pools campaign contributions from members and donates those funds to a campaign for or against candidates, ballot initiatives or legislation.

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Voluntary, non-partisan Political Action Committee (PAC).

Does not follow a party ideology.

Helps elect legislators who understand architects’ issues and/or control key committees.

In PA your AIA membership dues cannot be used for campaign donations.

Gives architects and our issues visibility!!!!!!

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We are set to unveil our new Grassroots/PAC program.

This program will encourage legislative relationship building.

Here’s how it will work:

Take 5 minutes of your day once per month and email your legislator with some talking points that we will provide.

Give $5 each month (more if you can) to our PAC.

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Interior Design Licensure

What they asked for

How they did it.

Our response

Reaching out to leadership

Grassroots Activism

Coalition Building

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Governor’s Budget – Professional Services Tax & PlanCon Moratorium

Student Loan Forgiveness

Mandatory Continuing Education

Building Codes

Reciprocity with Canada

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Mandatory Continuing Education (passed House in last session)

Preserved the Historic Tax Credit

Defeated Interior Design Licensure attempts

Defeat of Sales Tax

Fair Share Act (Tort reform, limits liability)

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PLAN CON

Interior Design Licensure

Other infringement on practice

UCC RAC (code issues)

Public Private Partnership legislation

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Know the process, embrace it, and work within it.

No one else knows our issues like you do.

Legislators want to hear from the experts and their constituents.

There is no better

advocate for the

profession than you!

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IF YOU DON’T HAVE A SEAT AT THE TABLE, YOU’RE PROBABLY ON THE MENU!

We have heard over and over again, that legislators never hear from architects.

They hear from engineers, contractors, interior designers, etc., who are all very willing to talk about your issues for you!

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We have an INTERESTING message,

We have a COMPELLING message,

We have the RIGHT message!

AIA Pennsylvania should be and will be THE voice of the construction industry!

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Steve Swarney, J.D.

Executive Director

sswarney@aiapa.org

717.236.4055

717.514.0106 (cell)

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This concludes The American Institute of Architects

Continuing Education Systems Course

AIA Pittsburgh Contact Information