Information on Legislation Effecting the Green Industry
State & National Legislative Updates LEGISLATIVE UPDATE: MAINE
LD 228 Pesticide registry repeal repeals the laws governing the pesticide notification registry and maintains the current rule that requires notification to anyone who asks within 500’ of an outdoor application. Te distance for aerial application was amended to 1,000’. MELNA Supported. Enacted (Public law 248).
LD 234 Horticultural definition amends the definition “commercial agricultural production” to include the “commercial production of greenhouse or nursery products” for sales tax exemption purposes. Tis would eliminate the double taxation on equipment used by horticulture professionals. MELNA Supports. Carried over to 2nd regular session (begins in January).
LEGISLATIVE UPDATE: NATIONAL
E-Verify Debate Likely In September Tis article is provided by MELNA and ANLA as a Lighthouse Program partner benefit.
In the turmoil of the Congressional debate over raising the federal debt ceiling, and amidst growing concerns over impact on the agricultural sector, House Judiciary Chairman Lamar Smith delayed committee action on H.R.2164, his bill to mandate that all employers use E-Verify, the federal system for electronically checking a new hire’s authorization to work. Tat debate is now expected to start in September. At this writing, Congress is home for the August recess, and will
not return to Washington until after Labor Day. Tis offers an opportune time to join with green industry peers to schedule meetings at home with U.S. Senators, Representatives, or their staff. Visit
www.capwiz.com/anla/home, Issues and Legislation, for more information on E-Verify or to customize and send a message to your elected leaders.
H-2B Storm Clouds Gathering Tis article is provided by MELNA and ANLA as a Lighthouse Program partner benefit.
Te U.S. Department of Labor (DOL) plans to have the H-2B
wage rule take effect on September 30, 2011. Te rule will greatly and artificially increase H-2B hourly wages. According to DOL’s own estimates, the rule will increase H-2B wages for landscaping services by about $3.60 per hour. Te actual cost to H-2B users could be far greater than DOL’s estimates because DOL does not account for labor increases for similarly employed American workers or more experienced American workers whose pay should reflect the
GrowingMEGreen
greater skill or experience level and be proportional to the hourly wage earned by lesser skilled workers. It also does not include additional payroll costs, workers compensation insurance, overtime costs and other associated increases. A second DOL proposed rule, published in the March 18, 2011
Federal Register, would make the program even more expensive and complicated to use. For example, the rule would require employers to hire any qualified U.S. worker up to three days before the H-2B worker is scheduled to begin, even though the employer has already sought U.S. workers before offering the job to the H-2B worker, assisted with the visa process and paid transportation, housing and other associated fees. Te proposed rule would also involve labor unions in the hiring process and require employers to pay transportation and subsistence costs for potential U.S. workers. Te American Nursery & Landscape Association has been vigorously lobbying Congress to oppose these regulations, and is in discussions with coalition partners on other potential strategies including legal intervention.
ALCM 3.75 x 5 Why Van Berkum Nursery?
• Over 800 varieties of perennials grown “lean and mean” in NH • 20 years of experience working with landscapers and designers
• A weekly availability list plus a list of what looks best for garden center sales
• Fast delivery to northern New England and fantastic, knowledgeable drivers
• An informative website with sections for professionals and your clients. Join us on Facebook!
• Specialty lists such as New England Woodlanders, Wicked Ruggeds and more
• Display gardens and the invitation to bring your clients to choose plant lines
• Hefty true gallon containers for over 100 varieties for instant impact
• Prepricing tag program for garden centers, plus custom tags with our own photos and info
• An incredibly experienced staff that truly works as a team, making it easy to help you
• We propagate most of our plants, giving us good selection all season
• A great 175-page catalog with many lists to help you and your customers design gardens
• Many environmentally friendly practices, several which we’ve been doing for years
• We’d love to have you visit anytime!
Van Berkum Nursery • 4 James Road, Deerfield, NH 03037 (603) 463-7663 Fax 7326 •
www.vanberkumnursery.com
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