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In This Section:
May 2008 
 

International Carwash Association
Legislative and Regulatory Monitoring Report

May 2008


CONTENTS

Federal Legislation:  No New Bills, No Updates

State Legislation: No New Bills, 1 Update
Georgia S.B. 466

State Regulation: No New Regulations, No Updates

News Articles on Industry Related Topics: 2 New News Articles
Legionnaires Outbreak Linked to Car Wash
Don’t Let Gas Prices Affect your Summer Plans

New or updated information in red.


Federal Legislation
No New Bills
No Updates


S. 2294 - Immigration Enforcement and Border Security Act of 2007
Summary
Sets forth border control provisions, and enforcement provisions. In addition, it establishes worksite enforcement provisions with respect to unlawful employment of undocumented workers, disclosure of taxpayer information, social security cards and identity documents, and the establishment of a voluntary advanced verification program to allow employers to verify an employee's fingerprints in order to de terming identity and work status.
Status
Introduced - 11/1/07

H.R. 5918 – SHOP Act 
Amends amend the Public Health Service Act to establish a nationwide health insurance purchasing pool for small businesses and the self-employed that would offer a choice of private health plans and make health coverage more affordable, predictable, and accessible.
Introduced – 4/29/08

H.R. 4065 - Border Enforcement, Employment Verification, and Illegal Immigration Control Act
Summary
Amends the Immigration and Nationality Act to strengthen enforcement of the immigration laws, and to enhance border security. Combats alien smuggling and increases border security cooperation and enforcement.
Status
Introduced - 11/1/07

H.R. 3982 - Combat Illegal Immigration Through Employment Verification Act
Summary
Prohibits the hiring, recruitment, or referral of unauthorized aliens. Requires employers to take steps to verify the identity and work authorization status of all its employees. Makes it unlawful to hire illegal workers either knowingly or with reckless disregard.
Status
Introduced - 10/29/07

H.R. 3907 - Small Business Tax Relief Act of 2007
Summary
To amend the Internal Revenue Code of 1986 to provide tax relief for small businesses. This bill was introduced following the presidential veto of similar legislation.
Status
Introduced - 10/18/07

H.R. 2954 - Secure Borders FIRST Act of 2007 (For Integrity, Reform, Safety, and Anti-Terrorism)
Summary
Gains operational control over the borders of the US through increased Border Patrol agents, additional checkpoint, all weather access roads, fencing, vehicle barriers, and increased surveillance through a more effective use of technology. Strengthens employment eligibility verification requirements by making Social Security cards less susceptible to forgery, creating an Employment Eligibility Database that includes citizenship status and work eligibility of people who are not US citizens or nationals, and increasing the fines for employers employing illegal workers.
Status
Introduced, Referred to House Oversight and Government Reform Committee - 7/10/07

S. 1348 -To Provide for Comprehensive Immigration Reform and for Other Purposes
Summary
Sets forth border security provisions; makes it unlawful to hire an unauthorized alien; establishes the temporary guest worker program; alters Visa classification;, establishes a pilot program for agricultural workers; sets forth conditions for conditional permanent resident status.
Status
Introduced - 5/9/07
Considered by Senate - 5/22/07
Cloture Not Invoked - 6/7/07

H.R. 2413 - To amend the Immigration and Nationality Act
Summary
Amends the Immigration and Nationality Act to provide for an increase in border patrol agents and other immigration enforcement activities, a temporary agricultural worker program, and for a program to adjust the status of certain qualified long-term residents.
Status
Referred to House Judiciary Committee, House Committee on Homeland Security, and House Committee on Education and Labor - 5/21/07

H. R. 1645 - To Provide for Comprehensive Immigration Reform
Summary
Prohibits implementation of the New Worker Program; establishes provisions for stricter border security; sets fourth protection for asylum seekers who are subject to expedited removal or detention; makes it unlawful to knowingly hire an illegal immigrant; Establishes a Temporary Guest Worker program; takes other measures to provide for comprehensive immigration reform.
Status
Introduced - 3/22/07

H.R. 976 - Small Business Tax Relief Act of 2007
Summary
Extends through 2008 the work opportunity tax credit. Qualifies certain individuals for the work opportunity tax credit and expand the eligibility for, and amount of, such credit for certain disabled veterans. Increases the expensing allowance for small business assets and extend such increased allowance through 2010. Allows employers to claim a business tax credit for social security taxes paid with respect to employee cash tips without regard to any increase in the federal minimum wage rate. Allows a full credit against alternative minimum tax liability for the work opportunity tax credit and the employer credit for social security taxes paid with respect to employee cash tips. Treats certain businesses jointly owned by married couples as sole proprietorships for tax purposes. Denies preferential tax rates on capital gains and dividend income to certain dependents of taxpayers. Grants the Internal Revenue Service with an additional four months to notify taxpayers of tax deficiencies before the suspension period for interest and penalties on underpayments takes effect.
Status
Passed in the House - 2/16/07
Passed in Senate - 8/2/07
Vetoed by President - 10/3/07

H.R. 1012 - To Reform Laws and Procedures Affecting Small Businesses
Summary
Establishes standards and requirements for association health plans.
Status
Referred to House Committees - 2/13/07

H.R. 2 - Fair Minimum Wage Act of 2007
Summary
Amends the Fair Labor Standards Act of 1938 to provide for an increase in the Federal minimum wage. This bill raises the federal minimum wage from $5.15 per hour to $7.25 per hour in three increments over two years and two months. The last time the minimum wage was increased was in 1997. The wage increase will occur in three steps: to $5.85 an hour 60 days after being signed into law by the president, to $6.55 a year later and then to $7.25 the following year.
Status
Passed in the House of Representatives - 1/10/07

    
State Legislation
No New Bills
1 Update

California

California H.R. 2076
Summary

Prohibits the State of California from participating in any electronic employment verification system, unless required by federal law. The bill would also prohibit a city or country from requiring any employer to use an electronic employment verification system. 
Introduced – 2/19/08
Referred to Committee on Labor and Employment – 4/3/08
Passed as Amended in Committee – 4/29/08


Connecticut

Connecticut H.R. 5219
Summary

Eliminates the business entity tax in order to encourage the probability of success to small businesses by reducing initial start-up business costs.
Status
Referred to Joint Committee on Finance, Revenue and Bonding - 2/14/08

Connecticut H.R. 5238
Summary

Eliminates the minimum business tax on businesses having fewer than fifty employees.
Status
Referred to Joint Committee on Finance, Revenue and Bonding - 2/14/08

Connecticut H.R. 5780
Summary

Promotes job growth by expanding the job creating tax credit to small businesses.
Status
Introduced - 2/28/08
Public Hearing - 2/29/08


Georgia

Georgia S.B. 466
Summary

Amends the Official Code of Georgia to exempt permanent facility car washes from outdoor watering restrictions under certain conditions.
Status
Second Readers - 3/4/08
Committee Favorably Reported - 3/27/08
Passed/Adopted - 3/31/08
Sent to Governor – 4/17/08
Signed by Governor – 5/12/08

Hawaii

Hawaii H.B. 515
Summary

Grants a tax credit to small businesses at the lesser of 50% of premiums or $500 per employee for the purchase of long-term care insurance for its employees. The law would define small businesses as those employing less than 100 full-time or part-time workers.
Status
Introduced - 1/22/2007

Hawaii H.B. 3395
Summary

Provides a tax credit to small businesses for renovations.
Status
Introduced - 1/23/08
Referred to House Economic Development and Business Committee, House Finance Committee - 1/25/08


Illinois

Illinois H.R. 5718
Summary

Creates the Unauthorized Alien Employment Prohibition Act which makes it illegal for an employer to knowingly or unknowingly employ an unauthorized alien. Permits the court to order an employer to terminate the employment of an unauthorized alien, and requires the employer to verify the employment eligibility of employees.
Status
Added Chief Co-Sponsor - 2/28/08


Iowa

Iowa S.B 320
Summary

Provides for a small business health care tax credit. The credit can be used to reduce the individual and corporate income taxes, franchise tax, premiums tax, and moneys and credits tax liabilities.
Status
Introduced - 3/1/07
Amendments Offered - 3/14/07


Missouri

Missouri H.B. 893
Summary

Creates an income tax deduction for small businesses that provide health insurance coverage for employees. The deduction would be equal to one hundred percent of expenses related to providing employees with health insurance.
Status
Prefiled and First Read - 1/9/08
Second Read and Referred to Ways and Means Committee - 1/15/08


Montana

Montana S.B. 140
Summary

Revises small business health insurance pool laws and eliminate the eligibility of qualified association health plans for premium assistance and premium incentive payments. In addition, it would change the group size limitations for small employers potentially eligible for premium incentive and premium assistance payments.
Status
Bill Passed as Amended - 2/97/07


Nebraska

Nebraska L.R. 189
Summary

Orders a study to examine the possibility of exempting car washes from sales tax. Studies policies of states bordering Nebraska, the current level of tax remitted by carwashes by both local and state governments, and a method for replacing revenue lost by state and local subdivisions as a result of a car wash sales tax exemption.
Status
Read First Time - 5/15/07
Referred to Revenue Committee - 5/18/07


New Jersey

New Jersey H.B. 2122
Summary

Provides a credit against the New Jersey gross income tax for certain taxpayers who provide health care benefits to their employees.
Status
Introduced, Referred to Assembly Financial Institutions and Insurance Committee - 2/25/08

New Jersey H.B. 1108
Summary

Relates to the restriction of water use during a drought watch, warning, or emergency.
Status
Introduced and Referred to Assembly Environment and Solid Waste Committee - 1/8/08

New Jersey H.B. 845
Summary

Decreases corporate business tax minimum tax rates for new businesses and exempts certain new small businesses from payment of minimum tax.
Status
Introduced, Referred to Assembly Commerce and Economic Development Committee - 1/8/08

New Jersey H.B. 1657
Summary

Allows certain self-employed business owners to deduct their own pension plan contributions from gross income under the gross income tax.
Status
Introduced, Referred to Assembly Commerce and Economic Development Committee - 1/8/08


New York

New York H.B. 4052
Summary

Provides tax credits for qualified small employers who purchase health insurance. Small employers are defined as those with 50 or less employees with in a certain income level who are not participating in other programs.
Status
Introduced and referred to Committee on Assembly Health - 1/31/07

New York. S.B. 5983
Summary

Exempts receipts from full service/exterior car wash facilities from sales and compensating use taxes where the vendor or employee of the vendor washes, waxes or vacuums the car at the facility where the services is provided; defines "full auto detailing" and does not include such service in this exemption.
Status
Introduced and Referred to Committee on Senate Rules - 5/30/07
Placed on the Senate Floor Calendar - 6/11/07
Referred to Assembly Ways and Means - 6/18/07

New York H.B. 8397
Summary

Provides that the sales tax exemption for coin operated car wash facilities shall apply to those facilities which may be operated by a credit or debit card.
Status
Introduced and Referred to Committee on Assembly Ways and Means - 5/15/07


Tennessee

Tennessee S.B. 2659
Summary
Provides a tax credit for small business employers that provide health benefits to employees.
Status
Files for Introduction - 1/10/08
Referred to Senate Tax Subcommittee – 1/29/08
Referred to Senate Finance, Ways and Means Committee – 4/8/08
Referred to Joint Committee on Business Tax – 5/9/08

Virginia

Virginia H.B. 986
Summary

Entitles any employer who pays for at least one-half of the total annual health
insurance premium on behalf of each employee to a credit against the tax. The amount of the credit for each taxable year shall be equal to the lesser of the amount paid during the taxable year by the employer in health insurance premiums for each employee or $500 per employee.
Status
Prefiled and Referred to Committee on Finance - 1/8/08


Washington

Washington H.B. 3362
Summary

Provides a tax incentive to encourage businesses to purchase highly energy efficient equipment.
Status
Passed to Rules Committee - 3/3/08

 

State Regulation
No New Regulations
No Updates

 

Colorado – Discharge Permits
Summary

Amends rules relating to discharge permit systems for the Water Quality Control Division, including discharges from car washing. 
Citation
5 CCR 1002-61
Status
Rule Adoption – 3/11/08


Massachusetts – Groundwater Discharge Program
Summary

Amends rules pertaining to the groundwater discharge program. Revises provisions relating to the surface water discharge permit program by providing procedures for general permits and general permit coverage.  The Department may issue permits to carwashes that are designed to receive less than 50,000 gallons of water per day. 
Citation
314 CMR 2.00, -5.00, -6.00, -12.00, -20.00
Status
Proposed Rule – 4/7/08


News Articles

Legionnaires Outbreak Linked to Car Wash
ABC News reports that health authorities in Australia have found the world’s first outbreak of Legionnaires, a potentially fatal disease, spreading from the water in a carwash.  To read the full story, click here.

Don’t Let Gas Prices Affect your Summer Plans
In an article about the increasing price of gas, MSNBC explains that many hotels are offering tokens for free carwashes as to encourage Americans to continue planning summer trips.  To read the full story, click here.

 
 
 
 
 
 
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