Legislative Report – June 2019

Legislative Report – June 2019

FEDERAL

The federal bills that were introduced or moved in June address robocalling and IoT cybersecurity improvements for covered devices used by the federal government.

Another bill, S. 1786, would establish a percentage threshold above the poverty line for establishing the eligibility of overtime for administrative, professional and technical employees. This would mark a distinct change in the overtime threshold for these employee groups. It is a novel concept to plug the overtime threshold at a percentage rate over the poverty line versus the current fixed value, which requires congressional or regulatory approval to change.

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STATE

June saw some good and bad bills make their way to Governors’ desks. Highlighted bills in this month’s report include more funding for school security, more states passing apprenticeship programs for contractors engaged in public works, a Texas bill that ends the Private Security Bureau and transfers its administrative functions to the Department of Public Safety and a California Alarm Association supported alarm bill that was enrolled and sent to the Governor before the end of the month.

California AB 1289 will prohibit a city and county that requires a person who owns, leases, rents, or otherwise possesses an alarm system to obtain a local use permit to operate the alarm system from fining an alarm company for requesting dispatch to a customer, whether residential or commercial, that does not have a current local use permit if it was not the alarm company’s legal responsibility to obtain the local use permit for the customer or renew the local use permit for the customer. This bill passed the Senate and was enrolled on June 28, 2019.

Delaware SB 48 will require that bidders for public works contracts that are above a minimum value and required to include approved craft training programs for journeyman and apprentice levels if the contract is not for a federal highway project. It will require virtually all contractors and subcontractors with employees that meet the financial thresholds to have all employees participate in or have graduated from approved apprenticeship programs. This bill was enacted on June 10, 2019.

Illinois SB 1658 amends the School Code to create the Office of School Safety within the State Board of Education. Provides for the Office’s duties. Requires the Office to create a grant program for expenditures related to improving school safety. Provides that grant funds must be used for school security improvements, including training and safety-related upgrades to school buildings, equipment (including metal detectors and x-ray machines), and facilities. Specifies the grant application requirements but provides no funding levels. This bill was enrolled and sent to the Governor on June 21, 2019.

New Jersey A 5468 exempts contractors that provide fire and burglary alarm installation services or locksmith services from the requirement to participate in a registered apprenticeship program under “The Public Works Contractor Registration Act,” Under current law created by A 3666 and signed by the Governor on January 31st, all contractors are required to participate in a registered apprenticeship program under “The Public Works Contractor Registration Act” to be eligible for public works contracts.

Contractors in the State that provide fire and alarm installation services and locksmith services do not have established apprenticeship programs registered with and approved by the United States Department of Labor.  Proposed regulations relating to this new law were recently published and the New Jersey ESA came out in force to oppose the proposed regulations as overly onerous, burdensome and too expensive for small businesses.

Nevada SB 207 is another bill that will require contractors or subcontractors to comply with apprenticeship requirements on public works contracts. This bill was enacted on June 10, 2019.

Pennsylvania SB 712 was amended on June 26, 2019 in the House to include a provision that will transfer $45 million to the school safety and security fund in the state treasury from funds received under the authority of Article III of the Tax Reform Code of 1971. It was quickly signed off on by the House and Senate and sent to the Governor who signed the bill on June 28, 2019.

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