Legislative Activity Report


CURRENT LEGISLATIVE REPORTS


May 2001 HAA Legislative Activity Report:

HB 760- Exempting Kansas City from the inspection and certification standards imposed by the Missouri State Elevator Safety Board. The bill was voted DO PASS out of the House Urban Affairs Committee on 03/27/01, but failed to advance due to extraordinary efforts on the part of labor.

HB 662 - As reported last month this bill would have restricted retainage in private construction contracts of Missouri owners to no more than 5%; and would have required owners to accept alternative securities (in lieu of withholding payment) from contractors, which when received would require immediate release of retainage previously withheld. Courts may have awarded 18% interest on improperly withheld retainage and may have awarded attorney's fees in actions pursuant to the bill(s); and contracts would have been unenforceable to the extent that they were found to be inconsistent with the bill(s). The legislation had strong support from the St. Louis Associated Sub-Contractors and was opposed by, in addition to the HAA, BOMA, the St. Louis Council of Construction Consumers, Missouri Growth Association, AIA, MAR, the Greater Kansas City Construction Users Council. Despite the strong sub-contractor lobby, the measure failed when a “poison pill” amendment requiring the same retainage provisions for all public works projects be incorporated into the bill. The “fiscal note” implication of that development was something the General Assembly wanted no part of, and consequently the bill died in the final hours of the session. Thanks to everyone who responded to their respective state senators.

Adoption of the International Building Code (IBC) is being negotiated with labor in Kansas City, MO. Again, due to strong labor influences, the IBC will be approved by the City Council only if it is implemented along with significant portions of the 1997 Uniform Plumbing Code now in effect. What is on the table includes lack of cost effective flexibility (particularly in rehab) with regard to plumbing fixture counts, pipe sizing and materials, and venting requirements.

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