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SUMMARY OF ANTICIPATED STATE LEGISLATION FOR 197*1
ENERGY-RELATED ISSUES
In addition to the states which enacted energy emergency measures at regular or special sessions late in 1973, a number at jurisdictions are prepared to act on such bills early this year. Among them are Florida, Georgia, Iowa, Kansas, Maine, Michigan, Missouri, New York, North Carolina, Ohio, Rhode Island and Vermont.
Delaware - which enacted a 1973 bill giving its Governor broad temporary emergency powers, will consider: a measure to create a permanent "Energy Resources Commission".
Massachusetts - where the legislators rejected the Governor's request for broad energy emergency powers in a December special session, will probably consider new bills on this issue early in 1974.
Minnesota - has a proposal to create a state energy department, with authority to collect data, adopt allocation plans, certify need for construction of facilities, carry out conservation measures and evaluate policies on rates and prices.
South Carolina - a joint resolution calls for investigation by the Attorney General to determine the- extent and cause of the current shortage.
Vermont - a bill has been filed to create a State Energy Resources Conservation and Development Commission.
Virginia - an item on the 1974 legislative agenda is a final report of a commission created at. the 1973 session to study the energy situation of the Commonwealth,
ENVIRONMENTAL
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While there is a general feeling that due to the energy situation, environmental issues will attract less attention from legislators this year, there will be no lack of bills in this field. Land use legislation will be under consideration in Colorado, Florida, Georgia, Idaho, Illinois, Michigan, Montana, North Carolina, South Dakota Tennessee, Utah and Vermont.
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Offshore Drilling and Coastal Zoning
Legislation to ban or restrict offshore drilling or related offshore activities will probably reappear in Florida, MassachusettsNew Jersey and New York. The Florida proposal would seek a referendum on drilling.
Illinois - a Lake Michigan "bill of rights" would ban virtually all but recreational activity and prevent further commercial development in a mile-wide strip along the shore. A "scenic rivers bill is also expected to be reintroduced.
New York - a move may be made to repeal the existing ban on Lake Erie drilling.
South Carolina - expected to pass some form of "coastal zone management" legislation.
Other Environmental Matters
New state environmental agencies or "little EPA's" will be proposed in Kansas, Rhode Island, Virginia and West Virginia..
The "Maine type" of through-put tax for environmental pruposes will be considered again in Delaware and possibly in Massachusetts and Connecticut.
Florida - the Oil Spill Act may be amended, possibly at a special session prior to the April regular session.
Illinois - will consider legislation to relax fuel sulfur limits and to require that "economic impact" statements be made on environmental proposals.
Indiana - repeal of the existing phosphate ban will be' proposed,
Massachusetts - may consider a tax on lead in gasoline.
Montana - will receive proposals to tax sulfur in fuels.
Oklahoma - has a far-ranging environmental package covering everything from noise control to the protection of fresh ground waters.
Vermont - has a bill to give legislators final authority on air and water regulations and anticipates a proposal requiring booming of petroleum barges.
Noise control-may be an issue- in Michigan and South Carolina.
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Legislation to give citizens rights to sue polluters will be considered in several states, including, Minnesota, New York and North Carolina.
TAXATION
Ga so1ine Tax
A growing number of states are looking at the possibility of increasing motor fuel tax rates to recoup loss of revenue stemming from the energy crisis. Among them are, Colorado, Indiana, Iowa (3b or 4b), Maine, Minneosta, Missouri, Nebraska, New Jersey, Pennsylvania, South Carolina (2b), South Dakota (2b) and Wisconsin.
Another group of states will consider proposals to remove the existing retail sales tax exemption on gasoline, including, Massachusetts, Minnesota (as a means of financing mass transit), Missouri and South Carolina. Indiana will probably again consider a proposal to include sales tax in gasoline pump prices*
Proposals to adopt a motor fuel tax tied to price of .the product rather than at a fixed rate per gallon are expected in Florida, Kentucky, and Louisiana (25% of value or, alternatively, a flat 8b per gallon). A West Virginia proposal would tie the sliding rate scale to the cost of living index.
Other Gas-Tax Related Issues
Indiana - may see a move for local fuel taxes, for transit as well as highway purposes.
Iowa - "Local option" gas taxes will again be pushed.
Maine - proposal to move fuel tax reporting date from end of month to 15th.
Maryland - will probably again consider giving retailers one-half of current 1% evaporation, shrinkage and collection allowance.
Minnesota - some move to change the shrinkage allowance is expected? a proposal to reduce fuel tax by 2b per gallon on alcohol-gasoline blends and a 2b per-quart lube oil tax will again receive consideration.
Montana - an increase in tax on diesel and propane fuels (to lib) has been proposed.
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Nebraska - considering revision of aviation fuel tax to increase refund rate for large users.
South Dakota - proposal to exempt agricultural users from motor fuel tax.
Vermont - a new proposal would increase the surety bonds required of.motor fuel distributors.
Additional Tax Legislation
Illinois - will consider a Constitutional Amendment to eliminate the current 8-5 limit by which corporate income tax rates can exceed individual rates. Reclassification of property for local tax purposes will be considered (with a view to shifting burdens from residential to business property.) A local severance tax (5%) will again be proposed.
Indiana - will also consider a classification amendment to the uniformity clause in its constitution.
Kansas - a sales tax exemption on manufacturer's machinery and . equipment will be sought.
Maryland - will probably again consider the minimum tax on income tax preferences items.
New York - an attempt will be made to remove the sales tax on cartons ("cardboard tax"). '
Utah - will consider a property tax exemption on pollution control equipment.
Regulatory
Divorcement of marketing facilities is proposed in Maryland and Wisconsin. The Maryland bill, is advocated by the State Comptroller and, like the Wisconsin proposal, would prohibit producers, refiners or wholesalers from owning or operating retail outlets. Minnesota may see a move to limit the number or percentage of retail outlets operated by salaried company personnel.
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Price Regulation will -be an issue in Michigan, Minnesota and New Jersey. The Maryland bill (mentioned above) contains provisions for uniform statewide wholesale prices, voluntary allowances and equipment rentals. A Missouri measure would prohibit sales above prevailing prices established by the Public Service Commission and has been labeled a "black market" bill. Connecticut1s 1973 Act, setting up a Petroleum Products Control Commission with price authority, has been challenged in the courts. If invalidated, a move to rewrite the measure to retain some control over the industry is anticipated. A bill to authorize Public Utility Commission regulation of petroleum product prices seems likely to be introduced in Rhode Island. Restrictions on the number of service stations include a Rhode island proposal to "freeze" locations at their present ratio to motor vehicles and a Pennsylvania suggestion for statewide moratorium on service station construction. The moratorium proposal is also a possibility in Maryland.
Franchise and "Dealer Day in Court" legislation will be an issue in many states, including Kansas, Massachusetts, Michigan, Missouri, New Hampshire, New York, North Carolina, Pennsylvania, South Dakota and Wisconsin. Maryland will see a strong move to amend (and make more restrictive) the "Dealer Day in Court" measures enacted in 1973. The Minnesota 1973 franchise law will also be subject to amendment attempts. Iowa expects a jobber-backed distributor franchise bill.
Other proposed marketing restrictions include a ban on "giveaways" at retail outlets proposed in Maryland and control of on-premises signs which may be considered in Rhode Island and Vermont. State wide legislation on abandoned service stations will' remain a live issue in Ohio.
In the safety field, OSHA legislation will be given attention in a number of jurisdictions, including Georgia, Michigan, Montana and West Virginia. Georgia also expects legislation on tank farm .safety and driver loading will be an issue in Michigan and Minnesota -
Consumerism
Departments of Consumer Affairs will be proposed in Michigan and New York.
Consumer Credit proposals will be under consideration in Georgia, Illinois, Iowa, Kentucky, Michigan, Mississippi, New York, South Carolina, West Virginia and, as the sessions continue, in a number of other states.
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6- proposals for mechanics 1 licensing or regulation of service facilities are expected in Delaware, Illinois, Kansas, Maryland, Michigan, Minnesota, New Jersey, New York, South Carolina, Tennessee, Vermont and Wisconsin. Motor vehicles inspection legislation is expected in Kansas, Maryland and Minnesota. New York and Rhode Island proposals would provide for a change from private to state-owned inspection stations. Delaware - has a bill to ban misbranding of fuels. Other Regulatory Matters Reports from many states indicate an increased interest in regulation of lobbying, stricter requirements on political contributions and fuller disclosures of campaign financing.
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1974 CONVENING DATES FOR STATE LEGISLATURES
Alabama Alaska Arizona Arkansas
California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota
(No regular session scheduled) January 21 January .14 (No regular session)*
January 7 January 2 February 6 January 8 April 2 January 14 January 16 January 14 January 9 January 7 January 14 January 8 January 8 May 13 January 2 (Special session) January 9 January 2 January 9 January 15 January 8 January 9 January 7 January 1
(No regular session) (No regular session)* January 8 January 15 January 9 January 16 (No regular session) January 2
January 8 (No regular session) January 1 January 1 January 8 January 8
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Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
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January 8 (No regular session)** January 14 January 2 January 9 (No regular session) January 9 January 29 January 8
* Special session expected to be called ** Legislature to convene as Constitutional Convention,
January 8; may also call special session.
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1974 CONVENING DATES FOR REGULAR SESSIONS
January 1
Nebraska Pennsylvania Rhode Island
January 2
Colorado Maine (Special) Massachusetts Ohio Vermont
January 7
California Indiana Montana
January 8
Delaware Kansas Kentucky Mississippi New Jersey Oklahoma South Carolina South Dakota Tennessee Wyoming
January 9
Illinois Maryland Michigan Missouri New York Virginia West Virginia
January 14
Arizona Arkansas Georgia Idaho Iowa Utah
January 15
Minnesota New Mexico
January 16
Hawaii North Carolina
January 21
Alaska
January 29
Wisconsin
February 6
Connecticut April 2
Florida
May 13
Louisiana
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