Wednesday, April 27, 2011

Serving Small Business in LA/ Regulations

Yesterday I gave a presentation in LA to Marty Keller’s Small Business Advocates Advisory Committee.

While there we heard a presentation by the Mayor’s office [the Mayor attended the meeting] about the changes they are making to be more small business friendly. I found it refreshing to hear that LA has instituted a policy of recognizing small business as their customers.

They said they have instituted a policy of not saying no. When questioned their answers now are 'yes' and 'yes we will look into it'. They also have told their staff that they need to make 5 cold calls a week to understand how they can better serve small business.

For those of you in LA have you noticed a difference?

For those of you outside LA does your City or County have any process to address small business concerns?

I have asked and Marty has agreed to coordinate what Cities and Counties are doing and see if there can be some communication between these different entities. For Example SF has a Small Business Commission and apparently Sacramento has something.

They, in my mind, should be talking to each other and developing best practices. There used to be something in San Jose and San Diego. For those of you in those Cities does something like this still exist?

As I indicated in a previous email Small Business California is looking for examples of burdensome regulations.

We now have put the responses on our website. You can view those by going to www.smallbusinesscalifonia.org.

We need more examples. Please send those to me.

You might also want to think about the permit process in your area. Are you required to get multiple permits and file multiple forms to comply.

Wouldn’t it be great if a One Stop permit process could be developed that would streamline this whole process?


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Wednesday, April 20, 2011

Please see below information on SBA budget. This is good news given the pressure to cut spending in Washington.

S.B.A. Spared in Congress 2011 Spending Deal

While many federal agencies will take a haircut in the spending bill negotiated recently between Senate Democrats and House Republicans — total nonmilitary discretionary spending will be cut by 7 to 8 percent from 2010 levels — the Small Business Administration has emerged from the negotiations largely intact.

The bill trims 0.2 percent from every nonmilitary discretionary account, including those that finance the S.B.A. But it also aims at specific programs with deeper cuts, and here the S.B.A. was effectively spared. In February, the House voted to cut $25 million, or about 6 percent, from the agency’s 2011 salaries and expenses budget, which pays for much of its small-business mission, including the counseling grants that the agency passes on to other organizations (such as Score and the small business development centers). In the end, however, House and Senate negotiators restored the appropriation to $433 million. The business loan guarantee programs are financed through a separate account, which also retained its 2010 funding of $236 million.

There is a bill in Sacramento SB 776 sponsored by the California Federation of Labor, the Building Trades and the California Manufacturing and Technology Association which requires that 50% of the Workforce Investment Act funds go directly to into workforce training . According to the California Workforce Association who opposes the bill this would force closure of about 30% of the career centers. Do any of you use the Career Centers? How effective are they? What do you think about this legislation.

It is required that 25% of state contracts go to small business. I have been asked if I would be interested in testifying on the cumulative economic impacts of small business in obtaining these contracts. Some background on this in 2004 the Schwarzenegger administration launched its Strategic Source initiative, and effort to leverage California purchasing power through large statewide contracts for items such as office products and other commodities The savings according to some sources was $160 million. Many of these contracts were taken away from small business. Please note 18% of the states contracts are Strategic Sourcing. What are your thoughts


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Monday, April 18, 2011

California Regulations

There seems to be a lot of interest in doing a couple of conferences with small businesses on regulations.

While not finalized we are thinking of doing one in Southern California and one in Northern California.

The goal is put together a White Paper on this subject and present it to the Governor and Legislature.

I am going to add as section to our website listing burdensome regulations for small business. I would appreciate you sending to me what is burdensome for your business.

Please see below what is for me very difficult if not impossible for me in my business.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188


The DMV is now auditing agents and brokers for this information. It is a summary of a 53 page handbook and list the requirements of agents and brokers because we obtain drivers license information.

• What privacy policies has the organization established with respect to the collection, use, and retention of DMV information?

• Do you have a written information security program or policy? If yes, please provide a copy of the policy.

• Identify the locations, systems, and methods for storing, processing, transmitting, and disposing of DMV information

• Please describe your procedures in the event of a security breach.

• How are employees with access to DMV information trained in privacy protection?

• Do you maintain an Information Security Statement (DMV Form INF 1128) for each employee authorized to access DMV records (If yes, please provide us with copies of these statements).

• Do you have a list of inactive or terminated employees that had access? (If applicable, please provide us with a copy of this listing).

• How many computer terminals are capable of making inquiries? Where are they located? Are the terminals secured when unattended? Explain how they are secured.

• Your terminals that access DMV records should display a “warning banner” containing some variation of the following admonishment: “WARNING: Unauthorized access or misuse of data may result in adverse action and/or criminal prosecution.” Does this banner display?

• Do you keep a log of all inquiries made? If yes, provide log.

• Describe access controls on computer systems containing DMV information to prevent access by unauthorized staff or other individuals.

• How often are passwords required to be changed? How are password changes initiated?

The questionnaire further requires the agency to provide a copy of the agency’s Requesters Information Security Program or Policy, Information Security Statements for the past two years, a list of inactive or terminated employees, a list of current authorized users, a list of current user terminals, and an inquiry log for inquiries processed in April 2008.

Update on SB 653 City and County Income Tax

Yesterday after I sent the email on Senator Steinberg's City and County Income Tax proposal, I received the 27 pages of the revised bill.

It now has been changed to allow an income tax only on individuals and not businesses. It also says the tax is only on residents and not those working in a City and County that is not their residency.

It also caps the tax at 1%.

What would you think about Small Business California along with other business organizations holding conferences in Northern and Southern California on California regulations?

We would be working with a National organization that puts on this type of conference in states around the country and the goal would be to identify problem areas and figure out ways to streamline California regulations.

This National organization can identify best practices around the country and we can then present the results to the legislature and Governor.
Thoughts?

Would you attend?


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

SB 653

I just found out yesterday that Senator Steinberg has introduced SB 653 which would allow Cities and Counties to put on the ballot an income tax on individuals and businesses. It would also allow them to increase vehicle license fees, alcoholic beverages cigarettes etc.

The bill started out as a two page bill and yesterday became 27 pages.

The interesting thing is that at least in SF they can put on the ballot a new tax that requires only a simple majority.

What do you think?

For more information go to www.leginfo.ca.gov

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Statement by President Obama on H.R. 4

It is now official 1099 repealed.

Small Business California along with other small business associations worked tirelessly to get this done.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188



THE WHITE HOUSE
Office of the Press Secretary
_______________________________________________________________________________________________________________________________
FOR IMMEDIATE RELEASE
April 14, 2011

Statement by President Obama on H.R. 4

“Today, I was pleased to take another step to relieve unnecessary burdens on small businesses by signing H.R. 4 into law. Small business owners are the engine of our economy and because Democrats and Republicans worked together, we can ensure they spend their time and resources creating jobs and growing their business, not filling out more paperwork. I look forward to continuing to work with Congress to improve the tax credit policy in this legislation and I am eager to work with anyone with ideas about how we can make health care better or more affordable.”

###

Sales Tax on out of State Internet Companies/SB 826

I have written about the tax on out of state Internet companies like Amazon but in the context of AB 153[Skinner].

There is a bill in the Senate SB 155 which would essentially do the same thing. The difference in the bills is that the Skinner bill revolves around nexus . That is that the affiliates for Amazon and other Internet companies would be considered having a nexus and therefore Amazon would be required to pay the tax. SB 155 does not have that provision but says:

“Any retailer that is a member of a commonly controlled group,as defined, and is a member of a combined reporting group,as defined,that includes another member of the retailer”s commonly controlled group that performs services in this state in connection with tangible personal property to be sold by the retailer. Qualifying services include, without limitation, the design and development of TPP sole by the retailer or solicitation of sales of TPP on the retailers behalf”

Bottom line both would impose a tax on out of state retailers like Amazon and Overstocks.

Small Business California supports both.

Dick Durbin Senator from Illinois will be proposing an Internet tax in the Senate I believe April 15. This will be I think a long battle and may not pass so we need to focus on getting something in California.


Small Business California is sponsoring SB 826[Leno].

Yesterday the Senator introduced this bill in the Senate Labor and Industrial Relations Committee. This would impose a minimal penalty on claims administrators who do not file claims information to the Workers Compensation Information Service. Right now it is estimated that somewhere between 15% and 25% of the claims information is not being filed or filed without the proper information. This is important because workers compensation policy is determine by this information.


I am pleased to report that we were successful in getting this passed with no opposition votes. This in spite of the fact that the California Chamber of Commerce, California Manufacturers Association the California Association of Joint Powers Authority and the California Coalition on Workers Compensation had come out opposed last Friday.

We were supported by the California Labor, the Applicant Attorneys and most important an organization representing claims administrators who would be the recipient of the fines. The Insurance company association did not oppose.

While we have not completed our discussion with the opposition groups they backed off their opposition awaiting the results of a compromise of the specifics of how the fines would be levied. It is our position that we do not want this to be punitive and are not interested in technical violations we just want to have good data. For your information the fines were $100 for a violation up to a maximum of $5000 a year.

Thank you Senator Leno.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Friday, April 08, 2011

AB 153 Internet Sales Tax/ Economic Impact Report for Superstores SB496/ Volunteers In Medicine

It has just been brought to my attention that AB 153[Skinner] which would require out of state Internet companies like Amazon and Overstocks to collect sales tax at the point of purchase has been taken out of suspense and will be coming before the Assembly Appropriations committee.

This was heard a while back and the vote was 5 to 2 but did not have a majority and went into suspense. This is a very important bill for brick and mortar stores in California and for all small businesses in California because of the record keeping involved in tracking your current purchases.

This week SB 496[Vargas] was heard in the Senate Government & Finance Committee and Small Business California was the lead in testimony support of the bill . This would require on Superstores of 90000 square feet and who’s sales are over 10% of nontaxable goods to do an economic impact report before receiving their permit. The local government jurisdiction would chose the party doing the economic impact report. The bill passed 6 to 3.

Small Business California was responsible for this latter requirement and strongly supports this bill. It will now go to Senate Committee on Environmental Quality.

You all know of my involvement with Volunteers in Medicine and Clinic by the Bay a VIM clinic in San Francisco. VIM takes retired doctors, nurses and lay volunteers who provide free health services to the working uninsured. We do not take any government money.

VIM recently did a survey of their 84 clinics around the country and while certainly not scientific came up with the following information. 67% of the clinics responded.
Obviously we did some extrapolation not having all clinics respond but we came up with the following numbers.

VIM clinics provided health care services to 96,142 friends and neighbors[ patients] with 350,108 patient visits.

The average cost of a patient visits was $76 and per patient $274
!0785 individuals volunteered their time.4852 were medical volunteers and 5933 were non medical.

The 96,142 patients served represents an 18% increase from 2009.

In these difficult times there are a lot of good things happening in our country and I think VIM is just one example.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Tuesday, April 05, 2011

Breaking News HR 4 Passes

Well ---

Small business has prevailed in that this morning the Senate passed HR 4 eliminating the 1099 requirement under the Presidents health bill. It will now go to the President and he will sign it.

Senators Boxer and Feinstein both voted in support of this.

It has been almost a year since we started our battle to get this repealed. This is a real testimony of what small businesses around the country can do when we speak with a unified voice.

Thank you to all that sent letters on this.

We also need to thank Senators Feinstein and Boxer for their support. Thank you Senators.

A special thanks to Congressman Lungren for carrying this bill.It took a lot of effort on his behalf to see this through.


Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Monday, April 04, 2011

Vote on HR 4 (1099 requirement)/Recommended Workers Comp Increase

An interesting development in Washington Friday.

Senator Reid called for a vote on HR 4 which would repeal the 1099 requirement that was part of the Presidents health bill. The vote will be this week and we are cautiously optimistic it will pass. There is an amendment which is expected to fail and then the House bill will be taken up.

It takes 60 votes for passage.

I have been in contact with Senator Feinstein and Boxers office. I did not hear back from Senator Boxer and Senator Feinstein's office said the Senator had not decided but that she strongly wants to eliminate the 1099 requirement for small business. Senator Boxer has made similar comments

Please send me a return email asking Senators Feinstein and Boxer to support HR4. I will forward to their offices.

In California a committee of the Workers Compensation Insurance Rating Bureau recommended a 39.8% increase in pure premium rates effective July 1. This will now go to the full board and then the Insurance Commissioner. The recommendation of the Insurance Commissioner is not binding on the insurance companies.

This number is a little deceptive because it includes State Fund who controls 18% of the market and had a combined loss ratio of over 160% in 2010. Also there are companies making money in workers compensation.

Small Business California will be watching this closely.

Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188

Friday, April 01, 2011

Paid Sick Leave/ SB 469/AB 52

Yesterday two board members and myself along with the SF Chamber met with Fiona Ma on AB400 paid sick leave.

We discussed the numerous problems for business and it does seem as though she is willing to make some amendments.

The thing though that is probably going to stop the bill from going beyond the Appropriations Committee is that the cost to the state for the In Home Supportive Services is going to cost over $50 million dollars to the state and will cost counties about $27 million.

In this time of budget short falls the legislature is not interested in additional expenses.

Small Business California will continue to monitor this and will let you know if something changes.

Yesterday SB Cal file its letter of support for AB 469 [Vargas]. This bill will require superstores with 90000 square or more and sales with 10% or more in nontaxable sales to obtain an economic impact report and community impact report before receiving a permit.

Small Business California was able to get an amendment on the original bill to allow the governmental jurisdiction to choose who does the economic impact report. We believe this makes sense as the community these superstores are being located in should know the economic impacts and how these stores will affect existing businesses.

It should be noted this is not a measure to stop all superstores. In fact I have been told in Maine where a similar requirement applies the first three economic impact reports were such that the superstores were approved.

We continue to monitor AB 52 [Feuer] which would give authority to the Insurance Commissioner and the Department of Managed Care the ability to regulate health insurance rates when they are excessive. The problem however is in the details and determining what is excessive. It seems to me that there needs to be some objective criteria that prevents politics [as if this is possible] from being a factor in the decision.

Some of you may not know that when Proposition 103 was passed we changed from a file and use state to a prior approval state for most property and casualty insurance. The exception was workers compensation. Health insurance was not part of Prop 103. Quite frankly this seems to have worked pretty well.

Do you have any ideas. It is interesting to note that Senator Feinstein came out in support of 52 yesterday.



Scott Hauge
President
Small Business California
2311 Taraval Street
San Francisco, CA 94116
shauge@cal-insure.com
415-680-2188