IHRSA advocated for the health club industry in 2013 by tracking over 100,000 bills across all 50 states, defeating legislation that threatened the industry, and promoting opportunities to incentivize health club memberships and wellness programs. IHRSA had lobbyists in 10 key states and monitored all legislation in other states. Some victories included defeating taxes on memberships in multiple states and regulations on contracts and personal trainers.

1. END OF SESSION
REPORT
How IHRSA grew, promoted and protected the health club industry in 2013.
®
The International Health, Racquet & Sportsclub Association | 70 Fargo Street | Boston, Massachusetts | 02210
IHRSA Advocacy Report 2013 - IHRSA.org/advocacy
800-228-4772 | IHRSA.org/advocacy

2. End of Session Report 2013 - IHRSA
Victories
IHRSA and its members defeated every piece of legislation that threatened the industry.
Tracking
IHRSA reviewed, tracked or monitored all105,042 bills introduced in state legislatures.
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3. End of Session Report 2013 - IHRSA
Opportunities
Throughout 2013, IHRSA advocated for opportunities to drive more members into health clubs. This
meant advocating for bills that would incentivize health club memberships, improve physical education, increase
workplace wellness, and promote healthy lifestyles in general.
Financial incentives for
health club memberships or
workplace wellness
programs
!
Improvements to
physical education
Policies that promote
general wellness
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4. End of Session Report 2013 - IHRSA
State Activity
IHRSA had lobbyists watching out for the interests of health clubs in 10 battleground states. In states without a
lobbyist, IHRSA still monitored and tracked every single piece of legislation introduced.
State
Action
Alabama
Alaska
IHRSA reviewed the 309 bills introduced to the Alaska legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Arizona
IHRSA reviewed the 1,158 bills introduced to the Arizona legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Arkansas
!
IHRSA reviewed the 1,176 bills introduced to the Alabama legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Sales Tax – IHRSA defeated a tax on tennis and racquet club memberships. IHRSA continues
to seek opportunities to repeal the current tax on health club memberships. VICTORY
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5. End of Session Report 2013 - IHRSA
California
Sales Tax – IHRSA worked with its lobbyist in Sacramento to closely monitor taxes on healthy
lifestyles, having defeated proposals to tax health club memberships and personal trainer fees in
2010 and 2012, respectively.
Child Care – IHRSA ensured that two bills, which sought to regulate childcare services at
health clubs, did not impose additional burdensome requirements on health clubs. IHRSA’s
lobbyist and IHRSA member clubs meet on an ongoing basis with state regulators to achieve
clarity on the rules for health clubs and ensure consistency in how those rules are enforced.
Personal Trainer Regulation – IHRSA worked with its lobbyist to ensure that personal
trainers and health clubs would not be harmed by two bills that sought to regulate athletic
trainers and physical therapists.
Colorado
IHRSA reviewed the 613 bills introduced in the Colorado legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Connecticut
AED – IHRSA worked with its Hartford lobbyist to ensure that a flawed AED mandate that
would increase the likelihood that clubs could face costly litigation was not introduced, as it has
been in eight previous sessions.
Contract Restrictions – IHRSA worked with its lobbyist to prevent the introduction of a bill
that would have restricted the use of automatic renewal in certain service contracts, having
exempted health clubs from the bill in 2012.
Delaware
IHRSA reviewed the 369 bills introduced in the Delaware legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Florida
Bonding – IHRSA worked with its Tallahassee lobbyist to enact a law that decreases the amount
of a health club’s requisite bond from $50,000 to $25,000. VICTORY
Personal Trainer Regulation – IHRSA worked with its lobbyist to defeat legislation that
would have imposed flawed licensure requirements on personal trainers in Florida, raising the
cost of doing business for clubs and trainers and doing little to ensure safer sessions for
consumers. VICTORY
Georgia
Contract Restrictions – IHRSA worked to ensure that a bill imposing new restrictions on
automatic renewal provisions in service contracts did not impact clubs that automatically renew
members on a month-to-month basis.
AED – IHRSA worked to ensure that a flawed AED mandate that would increase the likelihood
that clubs could face costly litigation was not re-introduced, after having defeated the bill in prior
sessions.
Hawaii
Idaho
!
Tax Credit – IHRSA supported multiple bills that would create tax incentives for employee
wellness programs.
IHRSA reviewed the 545 bills introduced in the Idaho legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
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6. End of Session Report 2013 - IHRSA
Illinois
Sales Tax – IHRSA and a coalition of member clubs prepared to fight a tax on health club
memberships in 2013 after defeating a similar proposal during the 2012 session. The bill was not
reintroduced this year, however, IHRSA and the coalition remain guarded against a tax on
healthy lifestyles in the state as the 2013-2014 session continues.
Child Care – IHRSA continues to work to protect health clubs from a bill requiring
background checks for trainers and instructors that provide fitness services to anyone under the
age of 17, in addition to day care center staff.
Indiana
Tax Credit – IHRSA supported legislation that would renew an Indiana tax credit program
that was discontinued in 2011. The program allowed businesses with 100 or fewer employees to
claim a tax credit for providing an employee wellness program.
Iowa
Sales Tax – IHRSA supported a repeal of the tax on health club memberships.
Kansas
Tax Exempt Competition – IHRSA worked with the Kansas Health and Fitness Association
and an IHRSA Fund lobbyist to promote legislation that would provide for-profit health clubs
with equal tax treatment as their not-for-profit competition.
Contract Restrictions – IHRSA blocked the re-introduction of a bill proposing new
restrictions on health club contracts.
Kentucky
IHRSA reviewed the 673 bills introduced in the Kentucky legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Louisiana
IHRSA reviewed the 968 bills introduced in the Louisiana legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Maine
IHRSA reviewed the 1,577 bills introduced to the Maine legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Maryland
Bonding – IHRSA and its Annapolis lobbyist worked to remove the barrier health clubs have
faced, since 2009, in complying with the state’s bond requirement. In June 2013, the attorney
general issued a revised health club bond form. It omitted the language from the previous form
that made surety companies unwilling to writes bonds, thereby preventing clubs from obtaining
bonds. VICTORY
Sales Tax/Tax Credit – IHRSA and a coalition of member clubs successfully prevented the
re-introduction of legislation that would impose a sales tax on health club memberships and
continue to work to promote bills that would create financial incentives for health club
memberships.
Massachusetts
AED – IHRSA worked throughout 2013 to protect clubs from legislation that would remove
essential liability protection for the “non-use” of an AED and subject health clubs to a much
higher risk of litigation than under the current law.
Contract Restrictions – IHRSA, with its Boston lobbyist, prevented the re-introduction of
legislation that would impose onerous restrictions on health clubs’ use of automatic renewal
clauses in membership contracts.
Personal Trainer Regulation – IHRSA continues to work to ensure that any bill that aims to
regulate personal trainers does so in a way that does not harm the industry or make fitness
services more expensive for consumers.
Michigan
!
Sales Tax – IHRSA, working with its lobbyist in Lansing, successfully opposed the introduction
of a bill that would impose the state’s sales tax on health club dues and/or services.
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7. End of Session Report 2013 - IHRSA
Minnesota
Tax Credit – IHRSA worked with a coalition of Public Policy Council contributors and an
IHRSA Fund lobbyist to enact an income tax deduction that will incentivize businesses to
purchase health club memberships for employees.
Waiver Liability – Led by a small coalition of Minnesota club operators and an IHRSA Fund
lobbyist, the industry defeated a bill that proposed to severely limit health clubs’ use of liability
waivers. VICTORY
Mississippi
IHRSA reviewed the 2,658 bills introduced in the Mississippi legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Missouri
Sales Tax – IHRSA continued its work to repeal the state’s sales tax on health club membership
dues, including launching a grassroots campaign calling for an end to the taxation of healthy
lifestyles in Missouri. The repeal was not successful in 2013, but efforts for the cause will renew in
2014.
Contract Restrictions – IHRSA prevented the introduction of a bill that would have severely
restricted the use of electronic funds transfers (EFTs) by Missouri health clubs, having defeated it
in 2012.
Montana
IHRSA reviewed the 1,049 bills introduced in the Montana legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Nebraska
IHRSA reviewed the 655 bills introduced in the Nebraska legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Nevada
IHRSA reviewed the 1,034 bills introduced in the Nevada legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
New Hampshire
Contract Restrictions – IHRSA worked with the sponsor of a bill that would remove certain
restrictions on health club contracts, in order to promote a better regulatory environment for
New Hampshire health clubs. The bill was not enacted in 2013, but IHRSA continues to
communicate with the sponsor and will renew efforts to support the legislation in 2014.
New Jersey
Contract Restrictions – IHRSA’s Trenton lobbyist, joined by IHRSA members, met on
multiple occasions with the sponsor of legislation that would essentially allow club members to
void a contract at any point, for any reason. IHRSA’s efforts prevented the passage of this bill
that would impose such severe, harmful restrictions on health club membership contracts. VICTORY
Personal Trainer Regulation – IHRSA prevented the advancement of harmful licensure
requirements for personal trainers. VICTORY
Sales Tax – IHRSA continues to work with its lobbyist and health club operators and members
across New Jersey to identify and pursue opportunities to repeal the state sales tax on
membership dues.
New Mexico
New York
!
IHRSA reviewed the 1,317 bills introduced in the New Mexico legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Tax Credit – IHRSA is working with its Albany lobbyist and coordinating with state legislators
to introduce and promote a tax benefit for the purchase of health club memberships.
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8. End of Session Report 2013 - IHRSA
North Carolina
Sales Tax – IHRSA and North Carolina fitness professionals defeated a bill that would have
imposed a sales tax on health club dues and services. After nearly 400 messages were sent to state
lawmakers asking that they oppose a tax on healthy lifestyles, the legislature agreed on a tax
reform package that expanded the reach of the sales tax, but not to health clubs. VICTORY
North Dakota
IHRSA reviewed the 842 bills introduced in the North Dakota legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Ohio
AED – IHRSA is currently working to oppose a bill that would mandate AEDs in health clubs
but fails to safeguard well-intentioned health club operators and employees from the risk of costly
litigation. IHRSA is communicating with the sponsor and will seek to block the bill unless it is
amended to contain necessary liability protections - use and non-use - for club owners and their
employees, reasonable staffing requirements for staffed and unstaffed clubs, and adequate
compliance time.
Oklahoma
Tax Credit – IHRSA worked to support a bill that is a modified version of the Workforce
Health Improvement Program (WHIP) Act and would create a state income tax deduction for
the cost paid toward a health club membership.
Contract Restrictions – IHRSA supported the enactment of a bill that exempts certain
health club membership contracts from state regulation. VICTORY
Oregon
Facility Licensure – IHRSA defeated a bill that would have enabled local governments to
enact regulations, establish licensing requirements, and administer an inspection program for all
health clubs on a county-by-county basis. VICTORY
Military – IHRSA supported the enactment of a law that goes into effect January 1, 2014 and
that allows members of the military to suspend a health club contract if they are called into
active duty.
Tax Credit – IHRSA supported a bill that would have created financial incentives for employees
to engage in a wellness program.
Pennsylvania
Sales Tax – IHRSA is working with its Harrisburg lobbyist and IHRSA health club members to
prevent ongoing legislative efforts to impose the state sales tax on health club dues and services.
Contract Restrictions – IHRSA worked with its lobbyist and lawmakers to prevent the reintroduction of a bill that would impose new requirements on sellers of service contracts with an
automatic renewal provision.
Rhode Island
South Carolina
Bonding – IHRSA worked to ensure that state regulators and legislators did not again consider
changes to the state’s health club bond requirements, leading to increased amounts for the bonds
that health clubs are obligated to obtain.
South Dakota
IHRSA reviewed the 492 bills introduced in the South Dakota legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Tennessee
!
IHRSA reviewed the 2,389 bills introduced in the Rhode Island legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
IHRSA reviewed the 2,787 bills introduced in the Tennessee legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
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9. End of Session Report 2013 - IHRSA
Contract Restrictions – IHRSA worked with its Austin lobbyist to prevent the re-introduction
of a bill that would impose burdensome restrictions on automatic renewal provisions within
consumer contracts, having defeated the bill in five previous legislative sessions.
Texas
Tax Credit – IHRSA Board members worked with IHRSA's lobbyist on creating legislation that
would enact a business deduction for the cost associated with providing health club memberships
to employees.
Utah
IHRSA reviewed the 685 bills introduced in the Utah legislature in 2013 to ensure that none hurt
health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Vermont
IHRSA reviewed the 713 bills introduced in the Vermont legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
Virginia
Contract Restrictions – IHRSA worked with state lawmakers to protect clubs from a bill that
would impose onerous regulation of initiation fees and membership deposits. VICTORY
Washington
IHRSA reviewed the 1,991 bills introduced in the Washington legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
West Virginia
IHRSA reviewed the 1,829 bills introduced in the West Virginia legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Wisconsin
IHRSA reviewed the 1,134 bills introduced in the Wisconsin legislature in 2013 to ensure that
none hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to
bring more members into health clubs.
Wyoming
IHRSA reviewed the 423 bills introduced in the Wyoming legislature in 2013 to ensure that none
hurt health clubs’ bottom-lines. IHRSA also sought opportunities throughout the session to bring
more members into health clubs.
For questions on the information in this report, please contact IHRSA’s
government relations team at gr@ihrsa.org or call (800) 228-4772.
Also, view your state’s current activity online at ihrsa.org/state.
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