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LEGISLATIVE UPDATES

Action Item - August 2010

Dear Colleagues,
Over the weekend Senator Landrieu continued to urge her colleagues to vote to end debate on H.R. 5297 and allow a vote on final passage.  The bill is strongly bipartisan and is currently held up on procedural issues.  We now understand from Senator Landrieu’s office that later tonight, the Democratic Leader, Senator Reid, will make yet another offer to Republicans to address their request for votes on more amendments and to cut the agriculture disaster assistance provision
 Please call your Senators—particularly Republican Senators—TODAY and ask them to vote YES on Cloture and YES on the underlying bill, H.R. 5297 (Small Business Jobs Act).  Below is a message you can use with additional detail.  A Senate call sheet is attached for your convenience. Please forward to all relevant colleagues and contacts.   

MESSAGE
General Message:  Hi, I’m calling regarding the small business jobs creation bill.  We need the tax benefits/loan provisions/contracting enhancements/trade enhancements in this bill to create jobs. 
There’s a chance the bill could come up again for a vote this week.  We need 60 votes to pass it.  Will you end the filibuster and vote for cloture?

STATUS
The three Republican amendments that Sen. Reid will offer to vote on are:  1) an amendment to the health care bill that in 2012 would change the requirement to file 1099s on services over $600 ($19billion); 2) an amendment to extend the r&d tax credit for one year ($6 billion); and 3) and amendment to extend the  biodiesel tax credit for one year ($2b). 
 Senator Reid will offer again to hold votes on those three amendments with the Democrats allowed to vote on three alternative amendments and to remove the agriculture disaster relief provision.  If the Republicans agree to votes on those amendments, we will move to consider those amendments.  These debates and votes could take place tomorrow.  The decisive cloture vote could take place this evening or tomorrow.

 FURTHER INFORMATION
 This important legislation would extend the Small Business Administration Dealer Floorplan Financing Program to three years, increase SBA loan caps for dealer floorplan financing to $5M, eliminate SBA fees, and make other improvements that will enhance credit availability for floorplans and other business credit.  The legislation also includes more than $12 Billion in Small Business Tax Relief, as well as an NMMA-backed Small Business Lending Fund that would make available $30B for small business lending. 

 NMMA strongly supports this legislation and urges you and your members to write to your Senators ASAP to express your support and urge final passage TODAY.  Time is running out on this bill before the Congressional recess. 

 Senate Substitute Amendment #4519 to H.R. 5297 includes language that would:

  1. Enhance the SBA Dealer Floorplan Financing Program and extend the program to three years, providing banks and lenders increased certainty and incentives to participate in the program
  2. Increase SBA 7(a) loan caps from $2M to $5M, including for floorplan credit;
  3. Increase SBA 504 loans from $1.5M to $5.5M and micro-loans from $35,000 to $50,000, and increases SBA Express Loans for working capital from $300,000 to $1M;
  4. Provide a 100% advance rate for floorplan loans;  
  5. Create equity for floorplan loans between all product sectors;  
  6. Extend elimination of SBA 7(a) and 504 loan fees;
  7. Create a Small Business Lending Fund of $30B to incent community banks to provide small business with increased lending;
  8. Provide more than $12B in small business tax cuts, including extending Sec. 179 expensing to $250,000, bonus depreciation, and a carryback of general business credits to 5 years, among other provisions;
  9. Provide assistance for export and international trade promotion for small businesses.

Mathew P. Dunn
Legislative Director, Government Relations
National Marine Manufacturers Association
(202) 737-9760 (o)
(202) 731-0503 (m)
nmma.org


 

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.

YOU DID IT!

HOUSE and SENATE PASS BOAT DEALER EXEMPTION to Financial Regulation Bill

 

On July 15, the U.S. Senate passed H.R. 4173, the House-Senate Conference Report on Financial Regulation Overhaul Bill, 60 Yea votes to 39 No votes. The House of representatives passes an identical bill on June 17 241 to 182. The Conference report now goes to the president to sign into law, which he is expected to do.

The new law was written after over a year of hearings and debate to address the causes of the financial meltdown of banks in the fall of 2008. The law, as passed today, is controversial with many believing that is does not adequately address the problems of the banking system. Wall Street generally supports the bill but Main Street has concerns.

The bill creates over 400 new federal regulations over banking, such as the creation of a financial Protection Board within the Federal Reserve Board and a Financial Service Oversight Council to further regulate banks and certain financial institutions. Lenders must follow new paperwork requirements and must get proof from borrowers that they can re-pay a loan.

"MRAA opposed this bill, because we fear it will further tighten the credit markets, create a new level of government bureaucracy and bigger government needlessly, and adversely impacts the ability of small business to create jobs," said Ed Lofgren, MRAA Chairman.

However, the good news is that after a very strong grassroots lobby effort, boat dealers have been exempted and will not be under the oversight of the newly created Financial Services Council.

MRAA thanks boat dealers for their hard work and in accomplishing what many on Capitol Hill thought was an impossible task. Again, BOAT DEALERS ARE EXEMPT.


Marine Retailers Association of America
PO Box 725, Boca Grande, FL 33921
708.763.9210 phone          708.763.9236 fax
mraa@mraa.com         www.mraa.com

Washington Office
529 Bay Dale Court
Arnold, MD 21012
Phone/Fax 301.858.7149

 

click on links below to view:

TITLE X HOUSE OFFER

SENATE PHONE LIST

MIAF FINAL REPORT SESSION 2010

03.19.10 SAVE RECREATIONAL FISHING MRAA

03.23.10 MANATEE DEATHS FWCNEWS

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