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ESA State Legislative Report – May 2016

Posted By Chris Heaton, Vice President, Membership and Chapter Relations, Monday, June 6, 2016

Through May 31, 2016 ESA tagged 198 bills for monitoring.  May was another busy month for several Legislatures as they end their regular sessions or attempt to accomplish specific issues during special sessions.  In the state by state report you may notice fewer than the 198 bills tagged.  The reason for this is our exclusion of failed bills that are no longer under consideration in the current legislative session or bills that failed to pass prior to sine die (final adjournment).  A total of 65 failed bills were removed from this report for that reason.  We will continue to exclude bills that fail after they are previously reported as such, so that you may concentrate your attention on active bills in your state.  The May report includes a number of recently passed bills and several new bills.  The following is a review of recently introduced, enacted or moving bills of particular interest:

Arkansas SB 6b (HB 1004b) were companion bills introduced during a special session to address the unintended consequences of a bill passed last year that abolished the private security board and moved administration and rule making authority to the Arkansas State Police (ASP).  As a result of that legislation, previously licensed technicians and contractors were being denied renewal because of changes to the criminal background criteria.  The ASP lacked the discretion to review mitigating circumstances as a result of the changes in statute.  A bill was introduced to correct this issue and provide for a statute of limitations for particular offenses.  The bill quickly passed both houses and was signed by the Governor on May 24th, becoming effective immediately.

Louisiana SB 336 is a bill we reviewed last month that involves a revision of the State Licensing Board for Contractors statute, but it adds a clause to the definition of “electrical contractor” that could envelope any form of electrical work done within a premise, including low voltage electrical work.  This addition to the current definition could be interpreted to require members to obtain an electrical contractors license who do low voltage work over a particular dollar threshold.  The ESA Chartered Chapter, Louisiana Life Safety & Security Association, went to work to have this language amended and gathered the support of the State Fire Marshal in their effort to exempt SFM licensees from inclusion in the definition.  As of now, the bill was deferred for further consideration. 

Georgia HB 614 is a bill that provides for video monitoring in special education facilities.  This bill passed and was enacted on May 3, 2016

Illinois HB 4036 mandates up to 12 weeks of unpaid leave for any employee who needs such leave for family violence and it lowered the employer size threshold from 15 to 1 employees, which effectively requires all employers to provide unpaid leave to employees in this circumstance. 

Michigan HB 5680 and 5681 are two bills introduced on May 24, 2016 that would require the use of photoelectric smoke detectors under the construction code act. 

Michigan HB 963 and several companion bills restructure the electrical trade licensing requirements. 

Minnesota HB 2481 modifies electronic waste management provisions and was signed by the Governor on May 31, 2016.

Missouri HB 1652 is an electronic monitoring bill for long-term care facilities.  This bill moved to committee on May 13, 2016.

New Jersey SB 2133 is another long-term care video monitoring bill that was introduced on May 2, 2016. 

New York AB 10386 was filed on May 25, 2016 and it creates a new fire sprinkler licensing statute.  The bill does contain grandfather provisions but members who are potentially impacted should closely review this bill. 


Bill Summary*
Alarm 22
Apprenticeship 20
Call Center 2
CCTV Video Audio 19
Employer Liability 9
Environmental 16
Facility Security 7
Fire Life Safety 57
Low Voltage 27
Regulatory 50
Taxation 9
Telecommunications 12
*Some bills cover multiple subject areas

 

Go to www.esaweb.org/slr for a complete list of bills in the May 2016 State Legislative Report.  Please contact Chris Heaton at Chris.Heaton@ESAweb.org or call (972) 807-6815 if additional information is needed.

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