The November 15 – December 15 State Legislative Report, researched and compiled by the ESA Government Relations department, is now available online. The report is located in the Members section under Government Relations at www.alarm.org. To access the report you will be required to log in using your member user login and password

The report contains subject highlights of bills followed between November 15 and December 15. These include:

• 38 bills relating to Alarms
• 11 bills relating to Automatic Contract Renewal
• 7 bills relating to CCTV
• 76 bills relating to Licensing
• 9 bills relating to Taxes
• 2 bill relating to Line of Duty Act fees for Alarm Companies

Of particular interest this month:

• ME S 575, a bill that would amend the law pertaining to smoke detectors and carbon monoxide detectors and would provide that the owner of a property properly install, or cause to be properly installed, smoke detectors upon or near the ceiling in areas within, or giving access to, bedrooms;
• FL S 658, a bill that would require the licensure of locksmith services businesses and locksmith referral services by the Department of Agriculture and Consumer Services; requires fingerprinting and background screening for criminal records checks of the owner and certain other persons affiliated with a locksmith services business;
• FL S 508, a bill that relates to electrical and alarm system contracting and requires that an electrical journeyman be present on any industrial or commercial new construction site when certain electrical work is being performed;
• IL H 4638, a bill that amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004; concerns the qualifications for licensure as a private alarm contractor, provides that an applicant must have a minimum of 3 years experience during the 5 years immediately preceding the application; makes other changes concerning the experience requirements for licensure; and
• WI S 190, a bill that relates to renewals and extensions of business contracts, which was amended to provide changes to the definition of “business contract” to specify that a contract for the lease of business equipment is included only if “any of the business equipment is used primarily in Wisconsin” and which provides that the seller may send the reminder notice up to 60 days, rather than 45 days, before the deadline for the buyer to decline renewal or extension.

Questions or concerns regarding the information contained within the report should be directed to our Director of Government Relations, John Chwat at Gov.Info@alarm.org.

We ask that the information enclosed be treated as a member benefit and shared only within your organization.

If so, there are new federal regulations proposed by the U.S. Environmental Protection Agency (EPA) designed to protect children from lead-based paint hazards that can result from work performed in pre-1978 residences.

The Lead Renovation, Repair and Painting Rule is set to go into effect April 22, 2010 and requires businesses and individuals involved in interior and exterior renovation repair and painting to be certified and follow specific lead-safe work practices to minimize exposure to lead-based paint dust. Minor repair or maintenance activities – less than 6 square feet per interior room or 20 square feet per exterior project – are exempt from the requirements.

ESA has submitted public comments to the EPA seeking to delay implementation of the proposed regulations for one year to April 22, 2011. We are also asking the EPA to consider expanding the exemption for interior room renovations to 20 square feet. Read a copy of ESA’s comments.

An ESA Task Force has been created to review the details of the proposed regulations, inquire of the EPA on the impact of the rule on our industry, and work with allied industry groups involved with this issue such as the National Home Builders Association and Custom Electronic Design and Installation Association. We are also considering legislative options for the US Congress.

We will continue to keep you updated on the progress of this issue as new information is available. For a brief summary of the rule, download this article. The EPA has also developed a guide on “Steps to Lead Safe Renovation, Repair, and Painting” that highlights the regulation in detail.

The October 15 – November 15 State Legislative Report, researched and compiled by the ESA Government Relations department, is now available online. The report is located in the Members section under Government Relations at www.alarm.org. To access the report you will be required to log in using your member user login and password

The report contains subject highlights of bills followed for the months of October – November:

• 34 bills relating to Alarms
• 11 bills relating to Automatic Contract Renewal
• 7 bills relating to CCTV
• 75 bills relating to Licensing
• 9 bills relating to Taxes
• 2 bill relating to Line of Duty Act fees for Alarm Companies

Of particular interest this month, AL S 23, a bill that would provide that a locksmith who has been licensed for ten years or more as a locksmith or who submits a notarized affidavit from another locksmith that he or she has 10 years or more experience as a locksmith shall be exempt from any continuing education requirements adopted by the board; FL S 508, a bill that relates to electrical and alarm system contracting and requires that an electrical journeyman be present on any industrial or commercial new construction site when certain electrical work is being performed; IL H 4638, a bill that amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004; concerns the qualifications for licensure as a private alarm contractor, provides that an applicant must have a minimum of 3 years experience during the 5 years immediately preceding the application; makes other changes concerning the experience requirements for licensure; RI H 6313, a bill that provides that smoke detectors and carbon monoxide detector certificates be valid for a period of not less than 120 days, and it applies to and validate all certificates issued after the effective date or within 120 days prior to the effective date; and WI S 190, a bill that relates to renewals and extensions of business contracts, which was amended to provide changes to the definition of “business contract” to specify that a contract for the lease of business equipment is included only if “any of the business equipment is used primarily in Wisconsin” and which provides that the seller may send the reminder notice up to 60 days, rather than 45 days, before the deadline for the buyer to decline renewal or extension.

Questions or concerns regarding the information contained within the report should be directed to our Director of Government Relations, John Chwat at Gov.Info@alarm.org

We ask that the information enclosed be treated as a member benefit and shared only within your organization.

The House of Representatives voted to pass the healthcare bill on Saturday, November 7, 2009. Click here to find out how your state representative voted on this legislation.

The U.S. House of Representatives has released major, wide-ranging legislation attempting to change the way Americans receive their health care in the form of HR 3962, the “Affordable Health Care for America Act.” This bill is a top priority of the Obama administration and the House leadership would like to try and pass the bill before the Veterans Day break that starts November 11th. This means your Representative could vote on the measure as early as next week.

If passed in its present form, these health care proposals will profoundly impact the way in which Americans access health care coverage. While ESA agrees that reforms must be made to improve access to quality, affordable healthcare, we are deeply concerned about the devastating impact this legislation will have on our members’ businesses and employees.

Some key concerns ESA has with the proposals are:

Employer mandate tied to a punitive “pay-or-play”:  H.R. 3962 combines an employer mandate with a “pay-or-play” tax.  Aside from the overly prescriptive tests an employer who provides coverage must meet, the payroll tax penalties threaten both those who do and do not provide coverage. Economic research has shown time and again that mandates are a “one-two punch” that is first borne by the employer, but is ultimately borne by the employee – through job loss and lower wages.

Surtax:  Seventy-five (75) percent of small businesses are structured as pass through entities and pay their business taxes at the individual level.  More than one-third of small businesses employing 20 to 250 employees would face the tax. Finally, since the tax is not indexed for inflation, the effect of the tax will creep downward, making more and more businesses vulnerable to a tax increase.

Payroll Tax Penalty: This legislation requires that all employers with a payroll of $500,000 or more pay a payroll tax of up to 8 percent if they do not provide “qualified” health insurance to their employees.

Public Option:  A government-run plan cannot compete fairly with the private market, and ultimately is funded on the backs of small businesses. We believe that with proper reforms, the private market can be held accountable to provide greater competition and lower-cost solutions for small businesses and their employees.

Big Benefit Package and More Mandates:  Small employers typically pay 18 percent more for their healthcare. Small employers need a guarantee that plans offered in an exchange will be less costly, not more expensive, than what they are paying today. The benefit packages in H.R. 3962 are far more “benefit rich” than plans offered in today’s marketplace and also require some small employers to provide additional benefits that go beyond the scope of current federal law.

Big Price Tag for the Government = A Bigger Bill for Small Business:  As though the $1.05 trillion dollar price tag wasn’t enough to cause small employers concern, a recent CBO report revealed that $1.67 billion would be realized through penalties on employers and individuals. This only reinforces the fact that, as the cost of the government programs grow, so too will the financial burden placed on small businesses in the form of more penalties, fees and taxes.

In a time of such great economic uncertainty and when unemployment is the worst it has been in more than 25 years, small business can help provide the spark to reignite economic recovery in our country.  ESA opposes H.R. 3962 because it fails to reduce the growth in healthcare costs and health insurance and threatens to hamper the economic recovery.

Visit www.house.gov and tell your Representative to vote NO on H.R. 3962.

ESA commends the California Alarm Association (CAA) and its officers, members and counsel for securing a blanket exemption from SB 340, a bill that prevents automatic contract renewals. Because of their work, no alarm contract changes will be required.

SB 340 prevents automatic contract renewals and requires any business making an automatic renewal or continuous service offer to clearly and conspicuously disclose terms of the offer and obtain the consumer’s affirmative consent to the offer. The CAA argued that the Alarm Act statutes already govern the alarm industry.  In addition, the Department of Consumer Affairs via the Bureau of Security and Investigative Services already regulates the industry.  CAA also argued that automatic renewal policies in alarm contracts are necessary to protect the safety and well being of customers.

Based on these arguments, and the excellent relationship CAA and its lobbyist were able to maintain with the bill’s author, Senator Leland Yee, the state assembly placed an exemption in the bill for the alarm industry – one of only a handful of industries that received a blanket exemption from the provisions.

This is a significant victory because the legislature has now recognized that there are unique circumstances regarding alarm contracts and we will be able to cite the exemption in future legislative debates in other states.

ESA urges companies that have disputes with customers over the automatic renewal of contracts to resolve the issue to the satisfaction of the customer to avoid any potential consumer driven legislation in the future.

Download a copy of the final California bill and see Section 17605(d) for the alarm company operations exemption. ESA will continue to monitor and report on all 50 states as we expect this issue will arise elsewhere throughout the 2010 state legislative sessions.

The September 15 – October 15 State Legislative Report, researched and compiled by the ESA Government Relations department, is now available online. The report is located in the Members section under Government Relations at www.alarm.org. To access the report you will be required to log in using your member user login and password.

The report contains subject highlights of bills followed for the months of September-October:

• 34 bills relating to Alarms
• 11 bills relating to Automatic Contract Renewal
• 7 bills relating to CCTV
• 71 bills relating to Licensing
• 9 bills relating to Taxes
• 2 bills relating to Line of Duty Act fees for Alarm Companies

Of particular interest this month: CA S 317, a bill that relates to the disposal of toxic substances and would amend the existing law that regulates the disposal of hazardous waste by the Department of Toxic Substances Control, as well as enact the Smoke Detector Collection Act with non-substantive provisions; IL H 4638, a bill that amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004; concerns the qualifications for licensure as a private alarm contractor, provides that an applicant must have a minimum of 3 years experience during the 5 years immediately preceding the application; makes other changes concerning the experience requirements for licensure; and WI S 190, a bill that relates to renewals and extensions of business contracts, which was amended to provide changes to the definition of “business contract” to specify that a contract for the lease of business equipment is included only if “any of the business equipment is used primarily in Wisconsin” and which provides that the seller may send the reminder notice up to 60 days, rather than 45 days, before the deadline for the buyer to decline renewal or extension.

Questions or concerns regarding the information contained within the report should be directed to our Director of Government Relations, John Chwat at Gov.Info@alarm.org.

We ask that the information enclosed be treated as a member benefit and shared only within your organization.

In response to the Energy Independence and Security Act (EISA) of 2007, which would require electronic devices to meet efficiency standards designated for “active,” “off” and “standby” modes, ESA, the Security Industry Association (SIA), Honeywell, Tyco/ADT and leading environmental groups have brokered an agreement that will maximize security and efficiency.

This agreement is important because electronic security and life safety devices – such as video surveillance, intrusion detection and access control systems – must always remain in an ‘active’ mode at all times. Requiring these systems to also meet efficiency standards for “off” and “standby” modes, modes that are never used with security systems, can unnecessarily increase the cost of these systems, potentially making them less affordable for families, businesses and other end-users.

As a result of the agreement, ESA, SIA, Honeywell, Tyco/ADT and environmental groups including the American Council for an Energy-Efficient Economy, the Appliance Standards Awareness Project, the Alliance to Save Energy, and the Natural Resources Defense Council, have presented key members of Congress with proposed legislative language that would exempt security and life safety devices from the “off” and “standby” requirements.

Specifically, the legislative language was presented to the members and staff of the Senate Energy and Natural Resources Committee in the form of a consensus amendment that could be added to energy/climate change legislation being considered by the Senate. The measure would retain EISA’s “active” mode efficiency standards for security and life safety products and would make the “off” and “standby” exemptions reviewable by the U.S. secretary of energy in 2017.

Vermont and Pennsylvania Chapters gather for legislative briefings

The Electronic Security Association (ESA) held two separate legislative events in October, engaging members from Vermont and Pennsylvania in government affairs to help strengthen the industry.

On October 6, ESA and the Pennsylvania Burglar & Fire Alarm Association (PBFAA) hosted a Legislative Luncheon in Harrisburg, PA sponsored by GE Security. On hand to speak to attendees was State Representative Brendan Boyle.

Boyle discussed his introduction of HB 1544, the Electronic Life Safety and Security Systems Contractors Licensure Act and told attendees he believed the legislation provided an additional tool to public safety officials, aiding in protecting citizens of Pennsylvania.

Members also heard from PBFAA lobbyists John Malady and Jodie Stuck who updated the membership on the chapter’s current legislative efforts including several measures aimed to remove contractual limitations in the Home Improvement Consumer Protection Act.

“We would like to thank ESA and GE Security for hosting this event and look forward to other opportunities to update the membership on the various activities undertaken by the association at the national, state and local levels,” said PBFAA President Phil Kline.

After Pennsylvania, ESA headed North for a Legislative Breakfast in Vermont on October 13 with the Vermont Electronic Security Association (VESA). The breakfast was sponsored by Honeywell Security.

“Having national representation in Vermont typically ensures participation from even the least likely of participants,” said VESA President Angela White. “Our expectation is that it proves the worthiness of belonging to our state and national organization.”

Attendees heard from State Representative Heidi Scheuermann who spoke directly on her history and involvement with the chapter’s pending licensing legislation. “She provided guests with insight as to how the ’Sunrise Application’ worked through the Office of Professional Regulation and how the legislation would proceed with either a denial or approval from the Secretary of State’s Office,” White said.

Attendees also heard from ESA Standards Committee Chairman Rick Simpson of Vector Security. He was able to bring some clarification to the 2010 edition of NFPA72.

“Considering the communication issues that Vermont is currently facing with the pending bankruptcy of our major telecommunication provider, the influx of managed voice networks, and carriers with inferior services, we, as technicians, are scrambling daily to find adequate, reliable transmission mediums,” White said. “Rick lent an air of resolution while assuring his audience that our concerns are not being taken lightly.”

Federal Trade Commission “Red Flag” regulations go into full enforcement as of November 1, 2009. Arguably all alarm companies who provide PERS service, maintain credit card information for their subscribers, or send invoices for recurring periodic revenue, are covered by the regulations. According to the regulations you need to have a written plan to deal with potential identify theft.

The FTC has developed a handy do-it-yourself guide to help businesses comply with the new rules.

A complete overview of the regulations can also be found here:
http://www.ftc.gov/bcp/edu/pubs/business/idtheft/bus23.pdf

The Electronic Security Association is alerting its members that two bills being considered in the House Communications, Technology and Internet sub-committee could impact the way central stations operate and interact with their customers.

On September 22, 2009, Rep. Jason Altmire (D-PA) introduced H.R. 3621, the “Call Center Consumer’s Right to Know Act,” which would require employees of any U.S. company or its subsidiary using call centers to disclose the physical location of the employee at the beginning of the phone call. The bill also requires the companies to certify their compliance with this mandate to the Federal Trade Commission every year. In the bill, a call center is defined as “…a location that provides customer-based service and sales assistance or technical assistance and expertise to individuals located in the United States via telephone, the Internet, or other telecommunications and information technology.”

Introduced on October 1, 2009, H.R. 3717, also called the “Kelsey Smith Act,” seeks to amend the Communication Act of 1934. The Kelsey Smith Act aims to facilitate more responsive coordination between law enforcement, fire and EMS agencies and wireless cell phone carriers during emergencies involving missing persons. The bill requires wireless phone companies to swiftly respond to law enforcement requests for location information of victims who are in jeopardy of death or serious physical harm.  It has been referred to the House Communications, Technology and Internet sub-committee chaired by Rep. Boucher (D-VA) and ranking member Rep. Stearns (R-FL).

ESA notified the Alarm Industry Communications Committee (AICC), comprised of representatives from the Central Station Alarm Association (CSAA), ESA, the Security Industry Association (SIA) and major alarm companies and manufacturers, of these two bills. ESA will continue to monitor them and work in coordination with the AICC to get a collective industry position on them.  ESA will also be in contact with each of these Representatives’ offices to find out more information. Any questions should be referred to the ESA Government Relations representative, John.Chwat@chwatco.com.

Secures passage in House of Representatives of alarm installation language

Helping to modernize U.S. community colleges was supported by the Electronic Security Association (ESA) by its recent endorsement of legislative language to that effect in the U.S. House of Representatives.  ESA believes the language will help fund and protect these institutions with evolving technologies being deployed by the security industry.

Included in H.R. 3221, the Student Aid and Fiscal Responsibility Act, is Section 351, an initiative for modernizing community colleges that includes language endorsed by the Electronic Security Association (ESA) providing for the professional installation of fire and life safety alarms:

“Funds made available to Community Colleges…shall be used for construction, modernization, renovation or repair of community college facilities…include the following…

(C) Compliance with fire, health, seismic, and safety codes, including professional installation of fire and life safety alarms, and modernizations, renovations, and repairs that ensure that the community college’s facilities are prepared for emergencies, such as improving building infrastructure to accommodate security measures and installing or upgrading technology to ensure that the community college is able to respond to emergencies such as acts of terrorism, campus violence, and natural disasters.”

H.R. 3221 contains $2.5 billion, authorized for fiscal year 2011 beginning October 1, 2010, for constructing new community college facilities and modernizing, renovating and repairing existing community college facilities.

Also included in H.R. 3221 is the President’s community college initiative providing for community college grants supporting training programs. In partnership with employers, these programs will provide relevant job-skill training (including apprenticeships, worksite learning and training opportunities) for high-wage occupations in high-demand industries.

H.R. 3221 has been sent over to the Senate where it is awaiting action in the Health, Education, Labor and Pensions Committee. Pending passage by the Senate without any changes to this section and signed by the President into law, ESA members can anticipate community colleges as a marketing opportunity.

Earlier this year, ESA reported that it successfully placed similar language in H.R. 2187, the 21^st Century Green High-Performing Public School Facilities Act, giving grants to local K through 12 education agencies for modernization, renovation or repair of public school facilities to bring public schools into compliance with fire, health, seismic and safety codes.  The bill is still pending in the Senate Health, Education, Labor and Pensions Committee.

The August 15 – September 15 State Legislative Report, researched and compiled by the NBFAA Government Relations department, is now available online. The report is located in the Members section under Government Relations at www.alarm.org. To access the report you will be required to log in using your member user login and password.

The report contains subject highlights of bills followed for the months of August and September 2009:

• 32 bills relating to Alarms
• 10 bills relating to Automatic Contract Renewal
• 7 bills relating to CCTV
• 70 bills relating to Licensing
• 9 bills relating to Taxes
• 2 bill relating to Line of Duty Act fees for Alarm Companies

Of particular interest this month, CA S 317, a bill that relates to the disposal of toxic substances and would amend the existing law that regulates the disposal of hazardous waste by the Department of Toxic Substances Control, as well as enact the Smoke Detector Collection Act with non-substantive provisions; MI S 768, a bill that relates to the regulation of certain activities involving automatic fire protection systems; to establish certain licensing and endorsement standards; to provide for certain powers and duties for certain state agencies; to create boards; to create a fund for certain purposes and to impose fees; and to provide for penalties and remedies; MI H 5320, a bill that regulates certain activities involving automatic fire protection systems; establishes certain licensing and endorsement standards; to provide for certain powers and duties for certain state agencies; creates boards; creates a fund for certain purposes and to impose fees; and provides for penalties and remedies: and WI S 190, a bill that relates to renewals and extensions of business contracts, which was amended to provide changes to the definition of “business contract” to specify that a contract for the lease of business equipment is included only if “any of the business equipment is used primarily in Wisconsin” and which provides that the seller may send the reminder notice up to 60 days, rather than 45 days, before the deadline for the buyer to decline renewal or extension of the installation of fire protection sprinkler systems in certain residences.

Questions or concerns regarding the information contained within the report should be directed to our Director of Government Relations, John Chwat at Gov.Info@alarm.org.

We ask that the information enclosed be treated as a member benefit and shared only within your organization.

Join NBFAA for lunch in Pennsylvania and for breakfast in Vermont as we hold two legislative events for the chapter membership in those states.

The Pennsylvania Burglar & Fire Alarm Association (PBFAA) is holding its quarterly board meeting on October 6 and PBFAA members are invited to have lunch on us. We’ve scheduled Representative Brendan Boyle to talk about the PBFAA-sponsored statewide licensing bill (H.B. 1544) and other important topics.

Time and Location:
October 6, 2009
11:30 a.m. – 1:30 p.m.
Pennsylvania State Legislative Lunch
Holiday Inn Harrisburg East – Harrisburg Suite
4751 Lindle Road
Harrisburg, PA 17111
www.iharrisburg.com
For directions, call (800) 458-8512
Please RSVP by October 1 to Michelle Whitaker at (888) 447-1689 or michellew@alarm.org.

On October 13, the Vermont Alarm & Signal Association will hold a legislative breakfast for its members where one of the topics of discussion will focus on the introduction of industry licensing legislation in Vermont.

Time and Location:
October 13, 2009
8:00 a.m.– 10:00 a.m.
Vermont State Legislative Breakfast
Capitol Plaza Hotel – Ethan Allen Room
100 State St. #100
Montpelier, VT 05602-2891
www.capitolplaza.com
For directions, call (802) 223-5252
Please RSVP by October 7 to Michelle Whitaker at (888) 447-1689 or michellew@alarm.org.