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            NEED TO KNOW
        (Effective January 1, 2009)
       The 2007 NESC Article 410.A3 kicks in. 
      It states:  the employer shall ensure that
      an assessment is performed to determine
        potential exposure to an electric ARC,
          for employees who work on or near
             energized parts or equipment."

 

             Popular Links:

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        4ilea.jpg (2375 bytes)


The Electric League of Missouri & Kansas
638 West 39th Street   .    Kansas City   .   MO   .   64111   .  Phone: 816-561-5323   .   Fax: 816-561-1991  .  Email: jmale@swassn.com


To identify and cooperatively meet the diverse needs of member businesses in Missouri & Kansas who provide products or services to the electrical industry.


Stay Connected (Pulse of the Industry)


Industry & League Updates
Kansas City Power & Light Electric Service Standards Changes for 2007
Effective March 1, 2007 on New Installations and Designs
Click Here for Details


Legislative Bills/Updates

The Electric League board of directors wanted to make you aware the League has been involved in the past with the following legislative bills affecting the electrical industry. Some of you may not be familiar with the results achieved in the past, so here they are:

 

SB 33 Prompt Pay Private Contracts                                                         2005 Session *

SUMMARY: Eliminate egregious acts: prohibiting legal action, prohibiting filing of liens or bond claims, prohibiting subrogation your insurance company vs. theirs. Payment schedule owner to general 30 days; general to sub 7 working days; sub to supplier 7 days. Stop work if not paid with 7 day written notice. If court action required loser pays amount due, interest at 18%, court cost and reasonable attorney fee. Venue – county where project is located in Kansas.

 

SB 333 Prompt Pay Public Contracts                                                         2007 Session *

SUMMARY:  Same as above, plus no payment for delay clauses are void. Max retainage is 10%.

 

During the next legislative session, SB379 will be discussed. The bill is very simple and addresses the current practice of the owners and others requiring you to name them as additional insured’s on your auto and liability insurance. This transfers the risk of a claim from the upper tier contract participants to the lower tier participants. Your board of directors is currently evaluating the League’s participation in this piece of legislation.

 

If you have any comments about this piece of legislation or any other issues, please don’t hesitate to contact me or reply to this email.

 

Jane Male, CAE

Executive Director

816.561.5323

(posted 10-22-07)


Minimum Wage Increase - Signed Into Law 
(posted 6-22-07)

President Bush signed the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery & Iraq Accountability Appropriations Act on May 25, 2007. Attached as riders to this law are the Fair Minimum Wage Act and the Small Business & Work Opportunity Act.

The Fair Minimum Wage Act increases the federal minimum wage from $5.15 an hour to $7.25 an hour in three increments:
• To $5.85 an hour on July 24, 2007.
• To $6.55 an hour on July 24, 2008.
• To $7.25 an hour on July 24, 2009.

The Small Business & Work Opportunity Act includes:
• An increase in the tax code Section 179 equipment expensing limit to $125,000 a year and the phase-out threshold to $500,000 through 2008 with indexing to inflation through 2010.
• A threee-and-a-half year extension of the work opportunity tax credit and waiver of alternative minimum tax limits on the credit.
• Six changes to subchapter S corporation rules including eliminating capital gains from sales or exchanges of stock as passive investment income.
• Allowing unincorporated businesses owned jointly by married couples to pay taxes as sole proprietorships.

The
Small Business & Work Opportunity Act includes cost offsets as follows:
• Increasing from under 18 to under 19 the age at which a child’s unearned income in excess of $1,700 is taxed at the parents’ rate.
• Doubling to 36 months the time before the Internal Revenue Service (IRS) must stop imposing fees and penalties on taxpayers who have not been noti-fied of a deficiency.
• Eliminating the requirement that the IRS conduct a collection due process hearing before issuing a levy on delinquent employment taxes.
• Changing the timing on corporate estimated tax payments.
• Permanently extending IRS user fees.
• Expanding tax preparer penalties.


Senate Bill 333 Is Now Law
  (posted 5-07)

The Electric League of MO & KS, along with other interested parties, supported this Act through letter writing and financial assistance. The League appreciates the hard work of Ken Keller, recently retired from Western Extralite, for his diligence in following this bill through. The League also appreciates his communication with the Board of Directors on the status of this bill while it was working its way through the various committees before being signed by Governor Sebelius into law. Ken Keller has submitted a summary of the SB 333 so League members are familiar with what transpired.

Summary of SB333 Kansas Fairness In Public Contract Act
• Rights and duties provided by this law shall not be waveable under the terms of the contract. This is important because if it is not stated in the law, then the terms of the contract will prevail in court and any other laws would be meaningless.

• This bill pertains to public construction only. It does not cover work on roads, highways or bridges for cities or counties, however DOT payment provisions do apply on DOT work.

• The following provisions in a contract will be deemed against public policy and will be void and unenforceable.
       1. The provision in the contract waving your rights to litigation in court is unenforceable.
       2. Any provision that waves your right to file a bond claim is unenforceable.
       3. Any provision to wave your insurance company’s right to subrogation is unenforceable.
       4. No damage for delay clauses are void, unenforceable and against public policy.

• All payments shall be made pursuant to the terms of the contract. All contracts for public construction will provide the following:
       1. Payment between the owner and the contractor shall be made within 30 days after the owner has received an
           undisputed request for payment. Interest will accrue at 18 percent starting on the 31st day. Extenuating
            circumstances can extend this to 45 days.
       2. Contractor shall pay the subcontractor within seven business days of receipt of payment from the owner.
       3. Subcontractor must pay the supplier within seven business days of being paid by the general contractor.
       4. All payments made after the due date shall be subject to interest at 18 percent.

• An owner, contractor, and subcontractor may withhold no more than 10 percent retainage. Retainage may be released to early finishing subcontractors if it is determined that the owner or contractor will not be at risk.

• If an owner, contractor or subcontractor fails to pay retainage pursuant to the terms of the contract for public construction, interest will accrue at 18 percent.

• If any payment is not made within seven business days after the payment due date, the contractor and any subcontractor upon seven additional days written notice has a right to stop work without being subject to penalty. You will recover the cost to stop work and remobilization.

• If all others fail, the contractor or subcontractor may take his claim to court and will receive the amount due, interest at 18 percent, court costs, and reasonable attorney fees, all to be paid by the losing party.

• Venue for such action shall be in a county where the real estate is located and subject to the laws of Kansas.


Register to Vote


Legislative Committee
This committee tracks important legislation on both the state and national level. The committee actively works to promote favorable legislation for small business as well as blocking legislation that is detrimental to League members.

Chairman Joe Privetera Mark One
Member John Guerdan Square D Company
Member John Kelble Associated Air Products
Member Ken Keller Western Extralite
Member Jim Lacy ECA

The Electric League needs the participation of its members. Members interested in serving on a committee are asked to contact the Electric League office.

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