It’s hard to believe that the first quarter of the year has already flown by. Between January and now, 1,720 bills were reviewed by OHI’s Advocacy Action Center. Busy is an understatement. But there’s always time to bring you the quarterly advocacy update, chock full of things you need to know and AHA moments that will prepare you for the year ahead.
What have we done? And what can you do?
Despite the whirlwind pace, it’s been remarkably productive. A significant highlight has been the successful grassroots campaign for parks in Tennessee, organized through OHI’s Action Center, particularly focusing on a guest ejection bill (thanks to those TN OHI members who sent messages to their representatives through the action center!). In Tennessee, HB 1918 successfully established campground regulations, empowering owners to enforce rules and eject violators while ensuring refund policies for affected individuals. In South Carolina, S 723 aims to amend landlord-tenant laws, particularly exempting certain tenancies and introducing procedures for ejecting individuals from lodging establishments, with CARVC actively involved in advocating for amendments. Additionally, OHI’s involvement in the NEC 2026 Ground Interrupter Monitor update remains ongoing, ready to anticipate and address upcoming regulatory changes.
Presently, there are two ongoing federal campaigns where you can actively engage with your elected representatives: advocating for the Death Tax Repeal Act and the Credit Card Competition Act of 2023. For those interested in participating, the OHI Advocacy Action Center serves as the central hub, offering updates on current issues, easy access to legislators, and simple steps to make your voice heard with just a few clicks.
And new development alert: the establishment of the OHI Advocacy Workgroup. This group will play a crucial role in advising the OHI Board of Directors on various matters, including position statements, national advocacy events, and collaboration with coalitions to ensure industry representation on local, state, and federal levels regarding issues of national importance.
3 AHA! MOMENTS
The things you must know for the last quarter of 2023
Parks Band Together for Grassroots Triumph on Guest Ejection Campaign
This bill introduces regulations for campgrounds in Tennessee. It mandates campground owners to establish and distribute written policies regarding curfew, alcohol, tobacco, and pets, either through posting or distribution to guests. Additionally, it grants campground owners the authority to eject individuals who violate specified regulations, with potential criminal trespass consequences, while ensuring the refund of any unused prepaid fees to the ejected person. OHI put together a grassroots campaign on our Action Center for parks to make their voices known to members of the state legislature. This bill sailed through the House (97 -1) and Senate (26 – 0) and has now been signed by both Speakers of the House & Senate. It will now move forward to Governor Lee for his signature. No problems are anticipated. A big thank you to all of the people that took a few minutes to take advantage of OHI’s Action Center. Bill Text: HB1918.pdf (tn.gov)
CARVC and Lobbyist Work to Shape and Improve South Carolina’s Lodging Laws
This bill proposes amendments to the South Carolina Code of Laws. It seeks to exempt certain types of tenancies, such as temporary living quarters for recreational camping or travel use, from the Residential Landlord and Tenant Act. Additionally, it introduces provisions enabling innkeepers to request law enforcement assistance for ejecting individuals from lodging establishments and outlines procedures for the removal of unauthorized occupants from residential dwellings, along with the handling of their property. The bill also establishes penalties for various offenses related to unlawful occupation or sale of residential real property. CARVC (the Carolinas Association of RV Parks and Campgrounds) has been working on this bill which was introduced on 04/12/2023 and finally on 03/27/24 it passed out of the Senate Judiciary Committee and was reported favorable with amendment. CARVC plans to recommend some amendments when the bill reaches the House working with their lobbyist Taft Matney. Bill Text: SC S 723
Future-Proofing Your Park with Upcoming Electrical Safety Standards
Wade Elliott, OHI’s principal representative on the Code-Making Panel 7 (NEC-P07) said, “In 2026, All new RV’s will be manufactured with a Ground Monitor Interrupter. This device will detect a loss of ground and prevent power from coming on in the RV. Additionally, the manufacturers are telling me the device they will most likely use will also detect a loss of neutral, reverse polarity, high voltage, and low voltage. This means that new RV’s will force the RV Park to have ‘clean’ power.” For parks with properly designed & maintained electric systems this should not be a problem. In 2029 the NEC is to be revamped completely. Details are still being worked out and OHI will stay on top of potentially burdensome changes.
THE W’S
Wins That Are Worth Bragging About
OHI and CARVC Score Big Advocacy Win for Members in North Carolina, Industry
Multiple North Carolina parks recently found themselves closed or unable to open due to electrical issues from upgrades required by the Deputy State Fire Marshal’s interpretation of electric code. In response, the public affairs and advocacy teams at OHI, the national association representing the Outdoor Hospitality Industry, and CARVC (Carolinas Association of RV Parks and Campgrounds) jumped in together to quickly find a solution.
On Tuesday, March 19, industry advocates representing OHI and CARVC attended the NC Building Code Council Public Hearing in Raleigh, NC, to speak with officials regarding their interpretation of the National Electric Code 70 Article 551.71 (F) GFCI Protection as applied to Recreational Vehicle pedestals. Together, the teams were successful in getting the case reconsidered with a unanimous vote from the building code council.
QUICK BITS
Bite-sized Insights and Watchworthy Finds
Navigating the Corporate Transparency Act: A Guide for Businesses
As of January 1, 2024, businesses across the United States are now burdened with an additional filing obligation due to the implementation of the Corporate Transparency Act (CTA). This legislation mandates that businesses not subject to an exemption must file a Beneficial Ownership Information Report (BOIR) with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).
Understand the reporting timeline and don’t miss your window.
Consumer Product Safety Commission – Important Product Recall Information
The U.S. Consumer Product Safety Commission (CPSC) has issued the following notices:
THE STATE OF THE STATES
Legislative Updates from Our State Executives
Indiana
IMHA-RVIC Protects its Members at Statehouse
The Indiana General Assembly completed its legislative session late Friday night (March 8). This year’s accomplishments protect RV manufacturers, RV dealers and Indiana’s transport companies.
IMHA-RVIC Protects Towable RVs from Lemon Law: SB 21 would have extended the auto lemon law to towable RV units while exempting motor homes. IMHA-RVIC opposed the bill, and we are pleased to report SB 21 did not receive a committee hearing and died in this session. As a reminder, Indiana’s Lemon Law protects Hoosiers who purchase vehicles that don’t meet certain basic standards. Under the law, consumers report the problem within 18 months of initial ownership and take their vehicle to an authorized dealer for repair. After a reasonable number of attempts, if the problem still exists the consumer can contact the manufacturer and if they don’t resolve the problem, the consumer can bring suit against the manufacturer.
Two Commercial Truck Tort Reform Bills to Become Law in Indiana:
HB 1090 the Indiana Department of Transportation agency bill (with seat belt language for civil cases) is headed to the Governor to be signed into law. This bill is of importance to our member companies that transport our products on Indiana roads. If a vehicle is involved in an accident and the matter goes to court in a civil action seeking to recover damages for personal injuries or death experienced by a plaintiff, the judge may allow the jury to have information about whether the plaintiff was or was not wearing a seat belt. This information may be admitted as proof of failure to mitigate damages. HB 1090 will take effect July 1, 2024. The bill does not address fault, but it may impact civil awards if the judge decides to make the information available to the jury as to whether the plaintiff was wearing a seat belt.
A second win on tort reform was another provision for commercial trucking. Language was stripped out of SB 222 and inserted into HB 1162 in the closing hours of the Indiana General Assembly. The amendment provides that: (1) the owner, lessor, or operator of a commercial motor vehicle; or (2) a person who leases or rents a commercial motor vehicle to another person; is not civilly liable for a tort claim based on the failure to install optional equipment on a commercial motor vehicle unless certain circumstances exist. It was a battle to the end, A bill must have 26 votes to pass the State Senate, this provision passed 26-21 having earlier passed the House by a 70-28. HB 1162 will take effect on January 1, 2025.
We worked closely with the Indiana Motor Truck Association on both HB 1090 and HB 1162. Here is a link to the conference committee report that inserted the language into HB 1162.
Kansas
The Kansas RV Park Owners Association (KPOA) has submitted two bills to Rep. Scott Hill (Abilene), after garnering support and direction from the Travel Industry Association of Kansas (TIAK). The bills address ejection of a camping guest and the inherent risks of camping. As of this writing, neither have been submitted. Still, this is farther than in any other legislative session, so we remain hopeful.
Maryland
The legislative issue we discussed is a bit muddy (kind of the definition of “political”). Many years ago, the AHJ in Worcester County MD (where Ocean City and several large campgrounds now owned by Sun Properties are located), made the decision to eliminate any competition for the sales of trailers in their county. Out of State dealers were prohibited from selling in Worcester County, MD.
The law was challenged in the General Assembly in years past, but to no avail. Fast forward to the OC RV Show October 2023, which MAC participated in. No dealers from DE (which is literally less than 10 miles from Ocean City) or any state other than MD, were permitted. With the pressure from the OC RV promotors (Rich Hutchins testified), and a number of other witnesses, including Maryland Tourism promoters, the law passed.
The muddy part? The MD RV Dealers (which we trade associate membership in MAC for a booth at the Timonium RV Show) and one of our largest RV dealers, Beckley’s RV’s, were the only unfavorable positions. Not sure how you’d handle it – or if you want to! It’s definitely the right thing for the industry, tourism, free trade, etc.
Missouri
School Start Debate:
This week was a tough week, but a successful one for your industry regarding the school start legislation. There were several attempts to repeal or change the language that you helped pass five years ago regarding when school districts can start. However, we were successful in keeping the change out of an omnibus education bill that was passed by the Senate on Tuesday evening. (SB727)!!!
Exemptions for Public School Starting Date Restrictions
The Senate Select Committee on Empowering Missouri Parents and Children convened on Tuesday morning to discuss SB 882, sponsored by Senator Greg Razer (D-Kansas City). The bill modifies the start date of the academic year for public school districts in which a charter public school operates. Currently, a charter public school is exempt from a prohibition on school districts beginning the academic year sooner than 14 calendar days prior to the first Monday in September. This bill allows school districts in which a charter is operating to also be exempt. The Missouri School Boards Association and a parent from the Kansas City Public Schools provided supporting testimony stating the bill helps families with multiple children align schedules and begin school on the same day. Kyna Iman with the Missouri Canoe & Floaters Association and the Missouri Association of RV Parks and Campgrounds provided opposing testimony stating the bill potentially impacts the ability to employ students during the summer and would negatively affect the tourism season.
South Dakota
The South Dakota Campground Owners Association (SDCOA) was able to preserve a law that protects the private sector from municipal competition, while also supporting a modification which clarified a segment of that existing law. SDCOA spoke in opposition to several bills which would have had a negative effect on short-stay campers who enjoy fishing. The bills were defeated, keeping single-day fishing licenses affordable.
Virginia
2024’s Regular Session of the Virginia General Assembly produced two high-profile pieces of legislation that relate to the Commonwealth’s campgrounds and their operators. While VRLTA and VCA’s proposed inherent liability bill, HB871 from Delegate Mark Earley, did not complete the legislative process, both SB26 from Senator Bill Stanley and HB1376 from Delegate David Reid did. We were happy to be able to support both measures, which are on their way to Governor Glenn Youngkin’s desk with nearly no opposition at all.
HB1376 alters how the State Corporation Commission deals with billing requirements and submetering equipment, essentially establishing the same rules for unit owners that already apply to tenants. That will be helpful to campground owners who want to install energy submetering infrastructure at their campsites.
SB26 makes clear that a person drinking alcohol or offering alcohol to another at a campground is not incidentally in violation of Virginia’s public drinking laws.
HB871 was an attempt to establish a baseline level of inherent liability protection for campground owners as regards the ‘inherent risks,’ associated with camping and campgrounds.
This bill ran into trouble in the House of Delegates Committee on Courts of Justice’s Subcommittee on Civil Law. That subcommittee’s new chairman, Delegate Marcus Simon of Fairfax, has been a firm opponent of efforts like this in the past, and does not believe in establishing special liability protections by profession. VRLTA is committed to continuing this conversation in the offseason to see how the ball might be moved forward in this area of law, understanding the legislative headwinds at play.
All Those Little (And Big) Questions You’ve Got, Answered
What does Sine Die mean?
You will start to see this more frequently as legislatures begin to end their sessions and it also can relate to a particular piece of legislation. When a legislature adjourns sine die, it signifies the legislative body has concluded its meeting without setting a day or time to reconvene. It literally means to adjourn “without a day.”
A sine die adjournment has significant ramifications for the life of legislation. When a state legislature adjourns sine die, all active bills not yet enacted typically die with it and would need to be reintroduced in the next legislative session and start the entire legislative process anew.
