Legislative Update
OSPE files 'friend of court' brief supporting Ohio's 10-year statute of repose
by John Troy, P.E., F.NSPE, Vice President, OSPE Legislative & Government Affairs

OSPE has joined with NSPE in filing an amici curiae brief to the Supreme Court of Ohio on a case filed by Douglas Groch, et al. versus General Motors Corporation, et al.

Our particular interest in this case is that, as part of the filing, the petitioners are requesting that the court declare Ohio’s 10-year product liability statute of repose unconstitutional. This is again a rehash of an issue dating back many years in which OSPE and others in the State of Ohio have pushed and successfully gotten legislation establishing a statute of repose. In prior cases the Supreme Court had declared parts of the law unconstitutional.

Our most recent efforts ended up with a section of the Revised Code (2305.131) establishing a 10-year statute of repose for claims involving improvements to real property. While this is not directly at issue with the Groch-General Motors case, it would most likely be affected by a ruling on the 10-year product liability statute of repose.

OSPE and NSPE have joined a number of other interests – including the U.S. Chamber of Commerce, the National Association of Manufacturing and many others – in an amici curiae brief. The brief supports us and other respondents in asking that the court declare the statutes of repose constitutional.

It seems that this issue will be continuously revisited and we must remain ever vigilant to defend our position or open engineers to an unlimited time for persons to file liability claims against their works.

OSPE watches legislation for reinstating professional licenses
by John Troy, PE, F.NSPE, Vice President, OSPE Legislative & Government Affairs

In House Bill 171, Rep. Sandra Williams has introduced legislation affecting a broad range of professional licenses. The core issue in the bill is that it would establish standards by which professional boards can reinstate licensed professionals convicted of a crime.

While this bill affects many professions, it raises a significant issue in engineering. In current state law the approach is that an engineer convicted of a crime involving moral turpitude could be deprived of his or her license. This bill however seems to reserve the removal of a license to only those crimes that are directly related to the profession.

Because OSPE’s viewpoint of engineering practice in an ethical position requires engineers to perform at a higher standard, it raises considerable concern about maintaining both the public confidence and their reliance on engineers to perform in a very professional manner.

OSPE is entering into discussions with both the sponsor of the bill and the board of registration as to the nuances of this particular legislation.

Our first position would be simply to exempt engineers from this bill but since many allied professions are also affected we may need to take a more detailed approach.

OSPE follows three bills covering septic systems & household sewage systems; looks to add engineer to committee
by John Troy, PE, F.NSPE, Vice President, OSPE Legislative & Government Affairs

As reported in the bill summary, it is noteworthy that at least three bills having an effect on the engineering practice in Ohio cover the subjects of septic systems and household sewage systems. In the past two years significant changes were introduced to this area which negatively affected the practice of engineering.

These three bills – House Bill 110, Senate Bill 83 and Senate Bill 173 – all essentially rescind the rules related to sewage treatment systems and each in slightly different ways goes about establishing new rules. In each of these cases some type of advisory committee is being proposed.

Our efforts at this time are to ensure that a practicing engineer is included on whatever committee is established so that the engineering interests are appropriately represented.

The major issue in the past rules was to assign some type of design that we believe should remain with engineers, other levels of technologists or technicians. So even though this particular set of regulation rules (that is household sewage treatment) did alter or change the practice of engineering, OSPE will remain vigilant as the new proposals move forward.

Bills of interest to OSPE
by Rick Colby, Legislative Advocate, Ohio Society of Professional Engineers

Ohio House of Representatives:

House Bill 2 (Webster), REGENTS CHANCELLOR – Transfers appointment of the Chancellor of the Ohio Board of Regents to the Governor with the advice and consent of the Senate; makes the Board of Regents an advisory board to the Chancellor; transfers the Board’s duties and powers to the Chancellor; and shortens the terms of the Board’s members. Status: Enacted.

House Bill 5 (Gibbs), EMINENT DOMAIN – Formally states the General Assembly’s intentions in its upcoming deliberations to reform Ohio’s laws regulating the exercise of eminent domain. Status: Passed by House, assigned to Senate State and Local Government and Veteran Affairs Committee. Position: OSPE is monitoring.

House Bill 110 (Distel), SEPTIC SYSTEMS – Requires the Public Health Council to rescind rules related to sewage treatment systems and reinstate the rules related to those systems that were in effect prior to January 1, 2007; requires the Council subsequently to adopt statutorily required rules related to those systems; revises the requirements governing sewage treatment systems rules that the Council must adopt; requires the Director of Health to develop rules with the Sewage Treatment System Advisory Committee that establish standards for approving a sewage treatment system or components of a system; and revises the membership of the Committee. Status: Assigned to House Economic Development and Environment Committee. Position: OSPE is monitoring.

House Bill 114 (Wachtmann), PREVAILING WAGE – Requires the Ohio School Facilities Commission to reduce the state funds for a school district’s classroom facilities project by twenty per cent if the district requires contractors to pay the prevailing rate of wages. Status: Assigned to House Finance and Appropriations Committee. Position: OSPE is monitoring.

House Bill 126 (Dyer, J. McGregor), COMPETITIVE BIDDING – Requires public entities to conduct investigations when apparent low bidders are suspected of failing or fail to meet the "responsible" prong of the "responsive and responsible" competitive bidding standard. Requires the Department of Administrative Services to maintain on its web site a database including apparent low bidders who failed to be awarded a contract because they were found not to be responsible. Status: Assigned to House State Government and Elections Committee. Position: OSPE is monitoring.

House Bill 155 (Setzer), STEM SCHOOLS – Creates public schools that will graduate students who have the knowledge and skills to live and work in the twenty-first century global environment; generates a talent base that will establish Ohio as a magnet and global leader in attracting, educating, and producing the next generation of scientists, engineers, and other professionals needed to create tomorrow’s innovations for the betterment of all citizens; fosters increases in the number of Ohio citizens studying and working in STEM fields. Status: Assigned to House Education Committee. Position: OSPE is monitoring.

House Bill 168 (Wagner), TURNPIKE MAINTENANCE – Makes the Ohio Turnpike Commission responsible for the major maintenance and repair and replacement of grade separations at intersections of any turnpike project with county and township roads. Makes the board of county commissioners or the board of township trustees, as the case may be, responsible for routine maintenance of such a grade separation. Status: Assigned to House Committee on Infrastructure, Homeland Security, and Veteran Affairs. Position: OSPE is monitoring.

House Bill 171 (Williams, S.), PROFESSIONAL LICENSES – Establishes standards by which professional boards could reinstate licensed professionals convicted of a crime. Status: Assigned to House Commerce and Labor Committee. Position: OSPE seeking exemption for engineers.

House Bill 193 (Fessler), SERVICE MEMBER LICENSES – Requires licensing agencies to grant renewal of a professional license or certificate to a member of the uniformed services whose license or certificate has expired because of the member’s service. Status: Assigned to House Commerce and Labor Committee. Position: OSPE is monitoring.

House Bill 227 (Evans), WATER DISTRICTS – Provides authorization for regional water and sewer districts to establish police departments. Status: Assigned to House State Government and Elections Committee. Position: OSPE is monitoring.

House Bill 242 (Brinkman), PREVAILING WAGE – Repeals the Prevailing Wage Law. Status: Assigned to House Commerce and Labor Committee. Position: OSPE is monitoring.

House Bill 244 (Brinkman), CABLE RELOCATION – Authorizes townships to relocate underground overhead cables, wires, and appurtenant equipment upon petition; pays for a relocation by assessing abutting and otherwise specially benefited properties; collects interest on unpaid assessments for an underground relocation project or an artificial lighting district project; and exempts townships from liability for outages or other damage caused by a relocation project, and to exempt the owners of the cables, wires, and appurtenant equipment from liability, unless the outage or other damage was caused by the owner’s negligence. Status: Assigned to House Local and Municipal Government and Urban Revitalization Committee. Position: OSPE is monitoring.

House Bill 257 (Schneider), HOME INSPECTORS – Requires the certification of home inspectors and to regulate the certification and performance of home inspectors. Status: Assigned to House Commerce and Labor Committee. Position: OSPE is monitoring.

Ohio Senate:

Senate Bill 7 (Grendell) – Formally states the General Assembly’s intentions in its upcoming deliberations on reforming Ohio’s laws regulating the exercise of eminent domain. Status: Assigned to House Judiciary Committee. Position: OSPE is monitoring.

Senate Bill 48 (Schaffer), TOWNSHIP SPEED LIMITS – Establishes procedures for a board of township trustees to alter the prima-facie speed limit on any township road and requires the Department of Transportation to establish speed transition zones on state highways at locations where the posted speed limit decreases by 20 or more miles per hour. Status: Assigned to Senate Highways and Transportation Committee. Position: OSPE is monitoring.

Senate Bill 67 (Miller, R.), BUY OHIO – Requires the Director of Administrative Services to adopt certain rules and declares the General Assembly’s intention to encourage certain bidders to fully implement equal employment opportunity and minority business laws and to report this implementation. Status: Assigned to Senate Insurance, Commerce, and Labor Committee. Position: OSPE is monitoring.

Senate Bill 83 (Grendell), SEWAGE RULES – Requires the Public Health Council to rescind rules related to household sewage treatment systems and reinstates the rules related to those systems that were in effect prior to January 1, 2007; and requires the Council subsequently to adopt statutorily required rules related to those systems. Status: Assigned to Senate Environment Committee. Position: OSPE is monitoring.

Senate Bill 139 (Mumper), PREVAILING WAGE – Permits state institutions of higher education to use either single or multiple prime bidding for public improvement projects; exempts from the Prevailing Wage Law projects constructed by state institutions of higher education and projects constructed by private, non-profit organizations that receive public moneys to construct those projects; and prohibits the Ohio School Facilities Commission from approving school district projects that specify the payment of prevailing wages. Status: Assigned to Senate Finance Committee. Position: OSPE is monitoring.

Budget House Bill 119:

Sewage Treatment Technical Advisory Committee (Sec.3718.03.) – Creates the sewage treatment system technical advisory committee consisting of the director of health or the director’s designee and ten members who are knowledgeable about sewage treatment systems and technologies. June 26 Update: An engineer from OSPE has been added to this advisory committee in the language passed by the conference committee.

STEM Initiative – Creates a statewide system of science, technology, engineering and mathematics-oriented primary and secondary schools with certain accountability provisions; creates a two-tiered system that entails STEM Initiative Grants and STEM Programs of Excellence. Creates a STEM subcommittee of the Partnership for Continued Learning to oversee the program.

Future Legislation:

PROPOSED ARCHITECT BILL – Establishes an architects educational assistance program ("architecture education assistance fund," funded through state treasury). This money will assist architectural interns in the payment of enrollment fees for the internship program established or adopted by the Architectural Board. Status: Submitted to OSPE for input by Architecture Board.