We are less than two months away from the important November 2 general election, and there is just one month left to register to vote. October 4 is the deadline to register. The process is easy and the Chamber is pleased to offer a voter information center with voter registration services and information on early voting, absentee voting and overseas voting. You can find it by clicking here.
With regards to absentee voting, the Chamber reminds citizens over the age of 65 that absentee voting is an option, but warns that you could be targeted by "Vote Harvesters." Be wary of those who come to your door or call asking to be of help in completing your absentee ballot request... DO NOT let them mail it in for you!
Recently in 04) Legislative News Category
On behalf of County Commissioner Kenneth A. Mayfield, Justice of the Peace Bob Whitney, Justice of the Peace Mike Petty and Constable R. L. Skinner, the Chamber extends an invitation to the 7th Annual District 4 Barbecue!
Thursday, September 30, 2010
11:30 a.m. to 1:00 p.m.
Road & Bridge District 4
4403 W. Illinois Avenue
(Intersection of Cockrell Hill and Illinois)
Dallas, Texas 75211
R.S.V.P. 214-339-8381 by September 27
Dear Texas Chamber Friend,
Of all the hidden costs now being discovered in the health care bill, one of the most concerning to the business community is Section 9006, which would place an unprecedented burden on small business reporting and paper work requirements. This section includes a provision that requires businesses to file 1099 tax returns starting in 2012 for many purchases. It's bad news for all businesses, especially smaller ones, because businesses of all sizes will be required to report on each vendor for all purchases totaling over $600 annually, which will dramatically increase accounting costs and time-consuming paperwork burdens. The exemption for purchases from corporations will be lifted, and expanded to property (goods), as well as services. And at a time when our economy needs small businesses to help our country grow out of this recession, saddling them with expensive new requirements and paperwork burdens only further hampers their ability to succeed and ultimately aid in our economic recovery. We encourage you to get involved and Urge Congress to co-sponsor the Small Business Paperwork Mandate Elimination Act, which would repeal this provision, and add your organization's name to the business community's letter to Congress.
In addition, considering the challenge of implementation and the uncertainty created by the large amount of discretion left to government entities implementing the regulations, there are still many unanswered questions about the specific impact the law will have on employers, their workers, and their families. To help address some of those questions, the U.S. Chamber launched last week a new website--www.HealthReformImpacts.com -- to serve as a centralized location for the business community to learn about the implementation of the new law and to share their perspectives on how the law impacts their businesses.
The website allows business owners to access credible studies, timelines, media reports, and information provided by other business owners. In addition, the website provides an opportunity for business owners to share their own stories and perspectives on the new law.
Please sign your name to this letter to Congress, and encourage you members to do the same, as well as share their stories on the website, and urge their Member of Congress to co-sponsor H.R. 5141, the "Small Business Paperwork Mandate Elimination Act."
Thank you in advance for all of your help.
John M. Gonzales
U.S. Chamber of Commerce
Regional Manager | Congressional & Public Affairs
Jim Wordsworth, Chairman of the U.S. Chamber's Council on Small Business, recently contributed a great op ed piece to the Richmond Times Dispatch. It begins:
Although I was pleased to hear President Obama speak in his State of the Union speech about his agenda for creating more jobs, I was stunned when he promptly promoted and signed into law a health care bill that is sure to retard job growth. While the law's costs in dollar terms -- nearly $1 trillion over 10 years -- has been well documented and debated, the hidden, unquantifiable costs associated with job losses and jobs never created are less understood.
We encourage you to jump for the rest for the article.
Last week we told you about the disclose act in this post where we advised action you can take. This week, we'd like to turn your attention to an informative video clip:
Small business owners are encouraged to make their voices heard TODAY in regards to the Disclose Act. Speak up in regards to this legislation aimed squarely at the business community by doing the following.
Copy the text below and send it to Senator John Cornyn and Senator Kay Bailey Hutchison.
DEAR SENATOR:
I strongly urge your opposition to S. 3628, the "Democracy is Strengthened by Casting Light on Spending in the Elections Act" (DISCLOSE ACT). The legislation will muzzle the voice of the small business community. It is unconstitutional, discriminatory, onerous and politically motivated. The DISCLOSE Act protects the free speech rights of certain groups, while clamping down on small business associations and our allies in the broader business community.
The clear intent of the bill is to muzzle the voice and speech of businesses and business associations in the upcoming elections. Small business owners and entrepreneurs already feel their voice is being dismissed and ignored in the legislative process as Congress continues to tax, regulate, mandate, intrude and spend against their interests. S. 3628 is simply another tool to shut small businesses out of the political process.
It's hard to imagine how this legislation's title - "Democracy Is Strengthened by Casting Light on Spending in Elections Act" (DISCLOSE Act) - could possibly be more misleading. After all, it threatens the First Amendment rights of the business community, including small businesses. A more apt title might be the "Silencing the Voice of Small Business Act."
Indeed, the intent of S. 3628 is to stop American businesses and the voluntary associations that represent so many parts of the business community from weighing in on issues of importance leading up to elections. Why exactly is Congress looking to limit the speech of entrepreneurs and small businesses? Meanwhile, the free speech rights of labor unions and select others are effectively left intact.
For example, blanket restrictions on election-related speech, such as independent expenditures, would be placed on government contractors, but effectively not unions under government contract. In addition, the act's ban on political speech by so-called "foreign-controlled domestic corporations" reaches to businesses with domestic ownership levels reaching 80 percent. Again, there is no application of foreign membership or control levels for labor unions.
Of course, all of this flies directly in the face of the kind of speech most clearly and fully protected under the First Amendment, i.e., speech related to politics, elections and policy. The U.S. Supreme Court has been clear in its decisions that such speech warrants protection, and any differential treatment of speakers based on identity or content violates the First Amendment.
Make no mistake, the effect of the DISCLOSE Act would be to limit views and opinions from the business community, while protecting the political, election-related and policy speech of labor unions.
Again, a glaring question looms large: Why are certain members of Congress trying to limit free speech and political debate in the United States of America at all? The only logical answer is to achieve a political advantage by limiting the business community's right to speak out. No matter where one happens to fall on the philosophical and political spectrum, that is nothing less than shameful.
America's small business owners - the engines of economic growth and job creation - should be allowed to have their voices heard and their speech protected. The DISCLOSE Act would achieve the exact opposite.
A vote for H.R. 5175 is most certainly a vote against small business.
Gov. Perry: Forward Thinking Companies Invest in the Future and in Texas
Gov. Rick Perry today credited Texas' relatively strong economic climate with helping attract jobs and businesses to the state. The governor recently spoke at a ribbon cutting for Reyes-Amtex Automotive's production facility.
"As Americans look for the best place to live, work and raise a family, more of them are heading to Texas all the time," Gov. Perry said. "The root cause of our economic success is hardworking Texans, but pro-job policies, low taxes, predictable regulations and fair legal system have also helped Texas lead the nation in job creation."
The Texas economy continues to receive national attention. This month, CNBC named Texas America's Top State for Business for the second time. Texas was also recently named the "Best State to Do Business" by CEO Magazine for the sixth year in a row, and six of Texas' metro areas were listed as "America's Recovery Capitals" by Forbes and Moody's Economy.
No other state is home to more Fortune 500 companies, and Texas is the nation's leading exporting state for the eighth year in a row. Irving alone is home to more than 45 Fortune 500 companies, and five global fortune 500 company headquarters. Texas created more private sector jobs than any other state in the nation over the last 10 years. Additionally, Texas' unemployment rate dropped to 8.2 percent in June, well below the national average.
Board of Education reverses course on charter school funding
State Board of Education members muscled through a proposal Friday to invest public school endowment dollars in charter school facilities. This is significant as Irving is home to several charter schools including North Hills Preparatory, recently ranked the fourteenth best public high school in America according to Newsweek. Irving is also home to Winfree Academy, Universal Academy Charter and University Charter.
But there could be a push back next year from legislators who say political aims are overtaking the board's responsibility to manage prudently the $22 billion Permanent School Fund. The endowment was created in 1876 for the benefit of Texas public schools.
On Friday, the board reversed a preliminary vote from the previous day and dedicated $100 million of the fund to developing and leasing buildings for charter schools, which are privately managed public schools.
Charter schools deserve assistance similar to what the state provides traditional public school districts, said board member David Bradley, R-Beaumont. The fund helps school districts by guarantying debt used to build classrooms and other facilities, which reduces the districts' borrowing costs.
"We're trying to be fair," Bradley said.
State Sen. Robert Duncan, R-Lubbock, said the board appears to be overstepping its role.
"Their job is to prudently invest the fund so that the constitutional objectives of the fund can be maximized, and providing facilities for charter schools is not one of those functions," said Duncan, chairman of the State Affairs Committee. "This appears to be a political decision and not a decision that is based upon the board exercising its fiduciary responsibility under the constitution."
Duncan and state Rep. Donna Howard , D-Austin, carried legislation last year that would have placed investment oversight of the endowment with an appointed board of financial professionals.
That measure cleared the House of Representatives with the 100 votes needed to put a constitutional amendment on the ballot, but it never got a hearing in the Senate.
Howard said she intends to file the legislation again in 2011 and believes that lawmakers from across the political spectrum will agree that Friday's decision "is not conservative management of this fund."
Chairwoman Gail Lowe , R-Lampasas, has her own reservations about whether the charter school investment would pass constitutional muster. But she said having an elected board overseeing the fund does serve the public well.
The constitutional issue in question is whether a charter school facility investment would meet the "prudent person" standard that generally says an investment's return must be commensurate with its risk.
The board's investment adviser described the charter school investment as low-return and high-risk and declined to make a recommendation for or against the investment approach.
Board member Cynthia Dunbar , R-Richmond, said the board members are meeting their legal obligations to vet investments thoroughly.
There is also a benefit to the overall fund as well as to education as a whole, Dunbar said.
No investment will be made until the attorney general weighs in on the "prudent person" question or the Legislature gives clear authority for the board to proceed, the board stated in its approval of the asset allocation.
Education Commissioner Robert Scott said he will instruct staff members who oversee the Permanent School Fund and charter school policy to tackle many lingering questions about the plan.
On Thursday, the board split 7 to 7 on a vote to include the charter school proposal in the overall investment mix of the endowment. The tie sank the proposal.
But when the final vote was taken Friday, one opponent from Thursday, Rick Agosto, was gone. The San Antonio Democrat had left the meeting shortly after roll call earlier in the morning.
Agosto's absence gave supporters of the charter school proposal the one-vote margin needed to include it in the overall investment mix of the endowment.
Agosto said any suggestion that he left the meeting to flip the vote's outcome is "preposterous."
GAMBLING SUPPORTERS MAKE PITCH TO LEGISLATORS
Lawmakers last week heard from gambling proponents who think the upcoming session could be their best opportunity in years to expand gambling in Texas. Many of the gambling proponents' arguments on Thursday sounded essentially the same as they did in years past, but an estimated $18 billion budget shortfall makes the possibility of increased gambling a viable one for the upcoming session, proponents said. "It feels like there's a little bit more urgency," said Mike Lavigne, who represents racetrack owners.
Members of the House Licensing and Administrative Procedures Committee listened to track owners, casino proponents, Indian tribe representatives and bingo hall operators. They all discussed effects of expanded gambling in Texas. People representing horse and dog tracks offered some updated figures about how allowing slot machines at racetracks would bring needed money to Texas' coffers. Speaking for Win for Texas, a racetrack group, John Hockenyos said allowing slots at tracks would stop the leaking of cash out of state and recapture Texans' money that has been left in other states with broader gambling, such as Oklahoma and Louisiana. Hockenyos, who works for the economic policy consulting firm TXP and prepared the study for the Texas racing industry, said slots at racetracks would generate about $1 billion a year in taxes for Texas. "Billions of dollars are leaving Texas and ending up in neighboring states' economies," he said in a statement. "Much of this is preventable if Texas allows slot machines at its racetracks." But Bill Thompson, professor of public administration at the University of Nevada, Las Vegas, said Win for Texas' numbers seemed optimistic. Thompson estimated that Texas' revenue would be less than $500 million on 35,000 slot machines that would be taxed at 30 percent. "The thing is, it's going to be way below your budget problem," he said, adding that increased gambling would lead to additional social costs, such as those related to treating compulsive gamblers. "It's not going to be all gravy." If Texas approves slots at racetracks to keep Texans' gambling dollars in the state, Thompson said he expects a push for more gambling in coming years.
For example, the prospective new operators of Lone Star Park at Grand Prairie are committed to building a luxury hotel-casino on the grounds of the horse racetrack if Texas approves a major expansion of gambling, Grand Prairie Mayor Charles England says. With lawmakers reopening the debate on gambling as a potential new revenue source, England and other community leaders are making a concerted push for the destination-style casino to financially reinvigorate the 13-year-old track, which, like others in Texas, has been weakened by out-of-state competition.
SALES TAX COLLECTIONS UP SLIGHTLY FOR JUNE
Texas registered its third-straight month of growth in sales tax collections in June, according to Comptroller Susan Combs. But the $1.6 billion in revenue -- a 2.2 percent increase over the same month last year -- did not elicit a lot of sunny optimism from Combs. "While overall economic activity is no longer contracting, a resumption of solid growth in sales tax collections is not yet in evidence," Combs said in a statement. She added that the retail sector was down from a year ago. Today's numbers reflect sales made in May. The sales tax, which pays for more than half of the state's general fund, is an important indicator of the state's fiscal health. The state is still 8 percent -- or $1.45 billion -- behind its collections at the same point last year with two months left in the fiscal year. The current two-year budget assumed sales tax revenue would come in a little higher than last year and then rebound strongly in the second year of the budget, which begins Sept. 1. Other important sources of revenue have been struggling as well. The business tax, for example, is expected to come in about $500 million below projections. Texas is expected to have a budget shortfall as high as $18 billion in the next budget, in part because of the languid revenue collection.
TEXAS IS CNBC'S TOP STATE FOR BUSINESS, AGAIN
Texas has once again come out at CNBC's top state for business in 2010 -- despite less than stellar marks for the cost doing business in the state and the amount of money the state puts into education. Texas was previously ranked at the top of the CNBC list in 2006 and 2008. CNBC reported that Texas won the competition over chief rival Virginia mostly on the basis of having the strongest economy in the nation, as well as a healthy transportation and infrastructure system. The state ranked seventh for the availability of capital and eighth on the cost of living. But the state ranked 30th for the cost of doing business, mostly because of high electric rates, CNBC reported, and Texas also ranked 30th for the level of his spending on public education. For quality of life, the state ranked 29th. And when it came to worker education, training and availability, Texas ranked 16th.
Gov. Rick Perry ignored the down sides during his CNBC appearance to promote the positive aspects of being rated No. 1.
"It's the compilation of four really simple principles: Don't spend all the money. Have a Legislature that understands that the private sector is where the jobs are created. Government doesn't create any jobs. We create an environment where private sector types can. Have a regulatory climate that is fair and predictable. A legal system that does not allow for over-suing. And have an accountable public school system that says to those that want to expand or come to your state that there's a skilled work force here."
U.S. Energy Secretary Steven Chu has announced that $30 million in funding from the Recovery Act and FY 2010 budget appropriations will be made available to qualified small businesses to support the commercialization of promising new technologies. The funding announcement builds on the Department's existing efforts under the Small Business Innovation Research program (SBIR) and the Small Business Technology Transfer program (STTR) to develop near-term clean energy technologies and support American small businesses that will play an important role in building the clean energy economy of the future. This is the first time DOE has offered Phase III awards under these small business programs.
"Small businesses are engines of job creation and innovation, and we need their ingenuity and entrepreneurial spirit to drive a clean energy economy," said Secretary Chu. "By helping America's small businesses bring these innovative technologies to market, we will spur economic growth and help reduce the country's energy use."
Small companies previously awarded Phase II grants through DOE's Small Business Innovation Research program (SBIR) or the Small Business Technology Transfer program (STTR) are eligible. Projects that include developed technologies with a strong potential for commercialization and impact on U.S. manufacturing and job creation are encouraged to apply. Successful applicants may receive up to $3 million over 3 years to research, develop and deploy new technologies.
Applications are currently being accepted for the following technology areas of interest:
Biomass Technologies
- Harvesting/Dewatering Technology for Algal Biofuels Production.
Buildings Technologies
- Transitional Technology for Organic Light Emitting Diodes (OLEDs)
- SSL Products made from Organic Light Emitting Diodes (OLEDs)
- "Core" Technology for Organic Light Emitting Diodes (OLEDs)
Fuel Cell Technologies
- Advanced Materials for Fuel Cell Technologies
- Bio-Fueled Solid Oxide Fuel Cells
Geothermal Technologies - High Temperature Tools and Sensors
- High Temperature Downhole Tools
- High-Temperature-High-Volume Lifting
- High Temperature Downhole MWD Tools for Directional Drilling
Industrial Technologies
- Sensors and Controls
- Industrial Membrane Process Systems
- Advanced Materials
- Integrated Reaction-Separation using non-thermal processes
- Mitigation of Heat Losses, Fouling, and Scaling in key Manufacturing Unit Operations.
Solar Technologies - Lowering the Cost of Photovoltaics through Innovative Augmentation
- Lightweight, Flexible and Low Cost Multi-junction Solar Cells:
- Static Module PV Concentrators:
- New Methods of Crystallizing Silicon:
Vehicle Technologies
- Technologies to Address Internal Heating in DC Bus Capacitors
- Improved Magnetic Materials for Motors
- Advanced Materials for Lightweight Vehicles
Wind Technologies
- Advanced Wind Power Technologies and Systems:
Fossil Energy
- Pollution control
- Advanced power systems
- Stationary power fuel cells
- Clean fuels
- Carbon sequestration
- Recovery of oil, natural gas, and methane hydrates
- Advances in materials, sensors, monitors, controls, biotechnology, and computational processes
Electricity Delivery and Energy Reliability
- Smart Grid Technologies and Systems
- Electric Transmission Technologies
- Superconducting Technology for Power Equipment
- Advanced Materials for Power Electronics and Energy Storage
Nuclear Energy
- Advanced Instrumentation and Control, Radiation Resistant Sensors, and Wireless On-Line Monitoring Systems for Nuclear Power Plant Applications
The deadline for submission of applications is August 4, 2010, at 8:00 p.m. EST.
To learn more about the application process, visit: DOE FY 2010 Phase III Xlerator Program.
More IRS red tape, more cost to employers
The Texas Association of Business reports that the Obama Administration has set up new IRS rules that require businesses to file 1099-MISC forms for annual expenditures over $600 with any one organization, like Office Depot, Wal-Mart, etc. This means that if you spend $600 or more on anything, including office supplies - you will have to file one of these forms. Do you think that this radical red tape rule is good for your company? If not, the Texas Association of Business recommends you weigh in by contacting your local representatives.
Speaker Joe Straus reappoints Rep. Chisum and Rep. Cownover to Business Tax Advisory Committee
Speaker Joe Straus has announced the reappointment of Representative Warren Chisum and Representative Myra Crownover to the Business Tax Advisory Committee.
Presided over by the Texas Comptroller, the Business Tax Advisory Committee is a panel comprised of tax experts, legislators and business representatives responsible for analyzing the revised franchise tax's effect on the business community and the Texas economy. The committee is required to issue a report to the Governor, Lieutenant Governor, and the Speaker of the House prior to the 82nd Texas Legislature.
"I am pleased to reappoint Rep. Chisum and Rep. Crownover to serve on the Business Tax Advisory Committee," said Speaker Straus. "Both Rep. Chisum and Rep. Crownover have served this committee with excellence, and I am confident they will continue to contribute to this committee's work studying the impact of tax on Texas business."
Rep. Chisum is the state representative from District 88. He is Vice Chair of the House Environmental Regulation Committee, and he also sits on the House Federal Legislation Select Committee and House Licensing and Administrative Procedures Committee. Rep. Crownover is the state representative from District 64. She is the Vice Chair of the House Energy Resources Committee, serves on the House Appropriations Committee and also the House Federal Economic Stabilization Funding Select Committee.
Americans with pre-existing conditions now insurable
The U.S. Department of Health and Human Services announced the establishment of the Pre-existing Condition Insurance Plan (PCIP) that will offer coverage to uninsured Americans who have been unable to obtain health coverage because of a pre-existing health condition.
"Texans and Americans are seeing visible changes," said Rep. Coleman. "Thanks to health care reform, Americans who have been unable to obtain health coverage due to a pre-existing condition will now be able to apply for reasonably priced health coverage."
This PCIP is open to individuals who are U.S. citizens or legal permanent residents, have been uninsured for the past six months, and have been unable to obtain health coverage due to a preexisting condition. The PCIP will offer a benefit's rich, moderately priced health package that does not base eligibility on income and does not charge a higher premium because of a medical condition. Benefits include primary and specialty care, hospital care, and prescription drugs.
According to one federal estimate, 715,954 uninsured individuals in Texas have a pre-existing condition.
"Prior to today, many Americans with health conditions were uninsurable and had no options," said Rep. Coleman. "Those who were fortunate enough to find insurance were often not covered for the very medical conditions for which they needed the coverage. Thankfully, these individuals now have options and more security."
The PCIP will be in effect until 2014, when insurance companies will no longer be able to discriminate against adults with pre-existing conditions, and individuals and small businesses will have access to more affordable private insurance choices through new competitive Exchanges.
