Successful state-level regulatory flexibility laws, as in the model legislation, address the following areas: 1) A small business definition that is consistent with state practices and permitting authorities; 2) A requirement that state agencies prepare a small business economic impact analysis before they regulate; 3) A requirement that state agencies consider less burdensome alternatives for small business that still meet the agency objective; 4) Judicial review of agency compliance with the rulemaking procedures; and 5) A provision that forces state governments to periodically review existing regulations.Since Advocacy’s model legislation was introduced in 2002, 37 state legislatures have considered regulatory flexibility legislation, and 19 states have implemented regulatory flexibility via Executive Order (EO) or legislation. In 2007, 11 other states have introduced regulatory flexibility legislation (Alabama, Arkansas, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Mississippi, Montana, Tennessee, and Washington) and one bill carries over from last year (New Jersey). Governor Beebe signed into law Arkansas’ regulatory flexibility bill in February of this year and the Washington legislature recently passed a bill to improve its regulatory flexibility law.Although the Texas Administrative Procedure Act (APA) does contain some form of regulatory flexibility, it does not contain all of the five critical elements of Advocacy’s model legislation. SB 55 would therefore strengthen the current system by filling in the missing key components that give regulatory flexibility its effectiveness. Texas legislators have previously recognized this need by introducing legislation in 2003.(1)
The establishment of the Consumer Financial Protection Bureau (CFPB) will cover many small businesses strictly because they set up flexible payment arrangements with their customers. According to a 2001 NFIB Small Business Poll on “Getting Paid”, approximately 50 percent of small businesses offer special terms or credit type arrangements to allow customers to pay for goods or services. Of the small businesses that offer these types of flexible payment arrangements, small business use terms such as payment in 30 days or less (52 percent) and installment payments (6 percent). In addition, 17 percent of these small businesses charge interest on the payment and 11 percent charge a late fee. Because of the high number of small businesses that provide payment flexibility, NFIB is concerned that many of them – such as office supplies stores, jewelers, health professionals, and furniture stores – will be covered by the creation of the new agency.NFIB strongly supports two amendments, in particular, addressing our concerns about the scope of the CFPB. The first amendment, the Shelby consumer protection alternative (Senate Amendment 3826), would turn the focus of the creation of a new regulator toward financial services companies and away from small businesses. The Shelby amendment establishes a division within the Federal Deposit Insurance Corporation (FDIC) that would have primary supervision and enforcement authority over large non-bank mortgage originators and other financial services providers who have violated consumer protection statutes. The second amendment, the Snowe Section 1027 amendment, would establish a strong framework for moving forward to protect small businesses from the CFPB. The Snowe amendment clarifies who is covered under the CFPB by removing small businesses that don’t securitize their debt and also fall under SBA’s revenue definition of a small business.NFIB is also supportive of Senator Snowe’s efforts to ensure small business fairness and regulatory transparency by including the CFPB as a covered agency under the Small Business and Regulatory Enforcement Flexibility Act. The amendment requires the CFPB to work with a Small Business Advocacy Review Panel prior to the publication of any proposed rule and analyze the impact of proposed rules on the cost of credit for small businesses.NFIB continues to have concerns with a provision of the bill that reduces the pool of angel investors that can provide start-up capital or invest in small business. The provision increases the wage and asset thresholds of a qualified investor wage. This provision would hamper the entrepreneurial opportunities for investment in many small and start-up businesses, thus adding another road block to finding alternative capital financing when bank lending and other sources of financing remain hard to get in this economy. NFIB supports efforts to remove these increased thresholds on angel investors.
$600 or more requires 1099 for every b-b transaction of services & property Patient ProtectHIRE - The first, referred to as the payroll tax exemption, provides employers with an exemption from the employer’s 6.2 percent share of social security tax on wages paid to qualifying employees, effective for wages paid from March 19, 2010 through December 31, 2010.In addition, for each qualified employee retained for at least 52 consecutive weeks, businesses will also be eligible for a general business tax credit, referred to as the new hire retention credit, of 6.2 percent of wages paid to the qualified employee over the 52 week period, up to a maximum credit of $1,000.
ProhibitSelf employed mandatory not being considered employees for collective bargaining purposes - unions
Getting through it alive and well
Getting through It<br />Alive and Well<br />Presented by<br />Jan F. Triplett<br />CEO, Business Success Center<br />
Challenge #1<br />Economic<br />Ex. <br />Access to capital<br />Leg.<br />Credit Union S.2919<br />Restoring Financial Stability S.3217 (finance charges & investor issues)<br />Taxes ($18 billion shortfall in TX)<br />The world is not at your door. It is sitting at your table eating your food!<br />
CHALLENGE #2<br />Political<br />Ex. <br />Regulations<br />96% of all TX businesses small (APA)<br />Leg.<br />Patient Protection & Affordable Care Act - paperwork<br />HIRE – Hiring Incentives to Restore Employment<br />Insurance Reform – paying for the mandates<br />
Response #1<br />Vision<br />TotalPicture<br />What you’re selling<br />Platinum Customer<br />Positioning<br />Pricing<br />40K ft view as owner/investor not just manager/employee<br />
Response #2<br />Focus<br />Run it right<br />Books in order<br />Sales Process<br />Financial knowledge<br />Prioritize<br />Do what’s appropriate for your business stage<br />
Response #3<br />Activism<br />Local<br />State<br />National<br />International<br />You can’t just work in your business. You have to be on top of what is happening that affects your business.<br />
Here’s to your Success!<br />Jan Triplett, Ph.D<br />www.bscusa.com<br />Twitter@JanTriplett<br />LinkedIn@JanTriplett<br />Faceboook@JanTriplett<br />www.ownersview.com<br />