From the Washington offices of Nmma and PWIA
Contents
New Louisiana Law Creates More Equitable Relationship Between Marine Dealers and Manufacturers New law will go into effect on Jan. 1, 2011
Efforts to Improve SBA Dealer Floor Plan Program Continue in Both House and Senate House bill introduced yesterday; Senate bill pending
Legislation to Improve Federal Marine Fisheries Management System Introduced The Fishery Conservation Transition Act introduced by Sen. Bill Nelson (D-Fla.)
EPA Requests Feedback on Performance Standards on Marine Sanitation Devices Join NMMA's task force or provide input to comments
Financial Reform Bill Passes in the Senate Bill heads to President's desk for signature into law
NMMA and Partners Encourage Revisions to Motor Safety Vehicle Act Letter outlines suggested changes to major auto safety legisation
Congresswoman Pingree Encourages Accurate Science to Protect Working Waterfronts Sound flood models key to protecting coastal communities
Florida Keys National Marine Sanctuary Seeks Advisory Council Applicants Boating industry and recreational fishing representatives needed
New Website Launched for Gulf Oil Spill Info RestoreTheGulf.org will replace current web portal
New Louisiana Law Creates More Equitable Relationship Between Marine Dealers and Manufacturers
Louisiana Act 1043 was signed into law last Friday, requiring that Louisiana marine dealers who cancel contracts with manufacturers prove due cause before being eligible to have inventory repurchased by manufacturers. According to the legislation, due cause can be established if the manufacturer has made any misrepresentations in accepting the franchise, has engaged in unfair business practices or failed to comply with franchise terms, among other things. Currently, a dealer does not have to determine due cause and can demand the repurchase of all boats, boat packages, parts and specialized tools when initiating the cancellation of a contract. In keeping with current practice, if a manufacturer initiates the cancellation, it will be required to repurchase inventory. For more than a year, NMMA has worked closely with the Louisiana Marine and Motorcycle Trades Association to finalize this important legislation, which will go into effect beginning on January 1, 2011. To read the full law, click here. For more information, contact David Dickerson at 202-737-9761; ddickerson@nmma.org. Efforts to Improve SBA Dealer Floor Plan Program Continue in Both House and Senate
Yesterday in the House, Congressmen Joe Donnelly (D-Ind.) and Fred Upton (R-Mich.) introduced H.R. 5734, the Dealer Floor Plan Program Extension and Improvement Act of 2010, which would extend and improve the Small Business Administration (SBA)'s Dealer Floor Plan Financing Pilot (DFP) Program slated to end this September. The bill would extend the DFP program for 5 additional years, increase the government guarantee to 90% and encourage SBA to revise the program in consultation with manufacturers, dealers and lenders in order to address barriers to participation by lending institutions and dealers after consulting with representatives from these industries.
Meanwhile in the Senate, a vote on the Small Business Lending Fund Act of 2010 (HR 5297), designed to spur lending and job creation, is currently pending on the Senate floor, but it remains unclear whether a final vote on the measure will be scheduled before the August recess. A substitute amendment (S.A. 4402) to the House bill offered by Senators Mary Landrieu (D-La.), Max Baucus (D-Mont.) and Harry Reid (D-Nev.) outlines a number of NMMA-supported changes to the SBA DFP Program, including raising loan caps from $2 million to $5 million, ensuring a 100% advance rate and extending the program until to 2013. NMMA has strongly endorsed the Landrieu substitute amendment and is calling on the Senate to act quickly to pass this important, bipartisan legislation.
Click here to read NMMA’s letter of support to Senator Landrieu. For more information, contact Mat Dunn at 202-737-9760; mdunn@nmma.org
Legislation to Improve Federal Marine Fisheries Management System Introduced
Today, Sen. Bill Nelson (D-Fla.) introduced legislation designed to safeguard the strong conservation standards of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) while addressing a growing crisis within the federal marine fisheries management system. S. 3594, the Fishery Conservation Transition Act (FCTA), will give federal marine fisheries managers the time, resources and direction necessary to address the chronic deficiencies in data collection and science. NMMA and a coalition of marine recreational fishing, boating, and conservation organizations strongly supports this new bill. To learn more, click here or contact Mat Dunn at 202-737-9760; mdunn@nmma.org.
EPA Requests Feedback on Performance Standards on Marine Sanitation Devices
As discussed by Environmental Protection Agency (EPA) officials at the American Boating Congress this past May, the agency is now calling for comments on marine sanitation devices (MSDs). Specifically, EPA seeks input regarding vessels operating on navigable waters that use sewage treatment devices; technical information on the performance, effectiveness and costs of vessel sewage treatment devices, including performance testing data; suggestions on what, if any, changes to the performance standards might be appropriate; and information on monitoring, record keeping and reporting or vessel sewage discharges. To join NMMA’s task force on MSDs or provide input on NMMA’s pending comments, contact Cindy Squires at csquires@nmma.org; 202-737-9766. Read more about the rulemaking here.
Financial Reform Bill Passes in the Senate
Today, the Senate voted to pass the landmark financial reform bill which will now make its way to the President’s desk for his signature into law. As previously reported, auto, marine and RV dealers will be excluded from the new Consumer Financial Protection Bureau created by the bill, which will oversee mortgages, credit cards and other consumer financial products. This means the agency would regulate the financial institutions that extend credit to auto, marine and RV customers, as well as the few dealers that provide direct financing themselves but not dealers directly. NMMA and its partners worked to ensure that marine dealers were treated equitably under these new regulations. Thank you to the many marine businesses that contacted their legislators on this issue for their help in ensuring this important victory for our industry. For more information, contact Mat Dunn at 202-737-9760; mdunn@nmma.org.
NMMA and Partners Encourage Revisions to Motor Safety Vehicle Act
Congress is currently considering the Motor Vehicle Safety Act of 2010, a bill which would revise standards for motor vehicles and give the National Highway Traffic Safety Administration more authority and funding. NMMA, along with its partners, have submitted a letter to leadership of the relevant transportation committees, encouraging them to consider important changes to the legislation, which is being lauded as one of the most important auto safety bills in the last decade. For more information, contact Cindy Squires at csquires@nmma.org; 202-737-9766.
Congresswoman Pingree Encourages Accurate Science to Protect Working Waterfronts
Today, Congresswoman Chellie Pingree spoke on the importance of working waterfronts as part of her House floor statement on HR 5114, the Flood Insurance Reform Priorities Act. Congresswoman Pingree, a long-time advocate of boating and coastal businesses, encouraged the Federal Emergency Management Agency (FEMA) to employ accurate flood models to ensure that they are correctly applied to working waterfronts and harbors. To read her full statement, click here.
Florida Keys National Marine Sanctuary Seeks Advisory Council Applicants
NOAA’s Florida Keys National Marine Sanctuary is seeking to fill ten primary seats and ten alternate seats to serve three-year terms on its advisory council, which represents the public’s interests in sanctuary matters and provides advice to the sanctuary superintendent. Vacant seats include those designated for boating industry members, recreational fishing representatives and tourism representatives among others. Click here to download the application materials, which much be submitted by August 6, 2010. For more information, contact Lilli Ferguson at Lilli.Ferguson@noaa.gov; 305-292-0311 ext. 245.
New Website Launched for Gulf Oil Spill Info
Last week, National Incident Commander Admiral Thad Allen announced the launch of a new federal web portal—www.RestoreTheGulf.gov—dedicated to providing clear and accessible information and resources related to the BP Deepwater Horizon oil spill response and recovery. RestoreTheGulf.gov is designed to serve as a one-stop repository for news, data and operational updates related to administration-wide efforts to stop the BP oil leak and mitigate its impact on the environment, the economy and public health. The web portal maintained by the Unified Area Command’s Joint Information Center as a short term incident communication site www.deepwaterhorizonresponse.com will be phased out over the coming weeks as information is moved to www.RestoreTheGulf.gov. |