Weekly Legislative Round-Up

President Signs Small Business Jobs Act

1099 Reporting Requirement Update

President Signs Small Business Jobs Act

This past Monday President Obama signed into law the Small Business Jobs Act. The bill contains a number of provisions that will assist small businesses in these difficult economic times.  SBAM and our national affiliate the National Small Business Association have fought for a many of these provisions over the past several months and in some cases years.  

The major provisions of the bill are outlined below.

Health Insurance Affordability

For 2010, self-employed individuals will be allowed to fully deduct the cost of their health insurance from their self-employment taxes for 2010. Currently, self-employed individuals are prohibited from fully deducting the cost of their health insurance from their self-employment taxes, resulting in an additional 15.3 percent tax that no other worker or business owner is forced to pay.
Access to Capital
Small Business Lending Fund – The law creates a $30 billion lending fund for small- and medium-sized banks with strong incentives for them to increase their small-business lending. This is NOT TARP 2.0 – it is a program for strong community banks that pass a stress test and includes meaningful incentives to increase small-business lending.
State Small Business Credit Initiative Program – Funding is set-aside to help states leverage an estimated $15 billion in new lending by strengthening state small-business programs.
SBA Stimulus Provisions – The U.S. Small Business Administration (SBA) lending provisions originally passed under the American Recovery and Reinvestment Act (ARRA) are extended through 2010. Specifically, the law extends the 90 percent guarantee on 7(a) loans and the elimination of the borrower fees on both 7(a) and 504 loans—both which expired at the end of May.
SBA Loan Limits – Limits on various SBA-backed loans will increase:  7(a) loans from $2 million to $5 million; 504 loans from $1.5 million to $5.5 million; and microloans from $35,000 to $50,000.
Tax Incentives
Capital Gains – For the remainder of 2010, all capital gains taxes on investments in small businesses are eliminated provided the investment is held for five years.
Section 179 Expensing – For 2010 and 2011, Sec. 179 expensing is increased to $500,000—doubling the current limit. This provision also raises the phase-out threshold to $2 million, up from $800,000.
Bonus Depreciation – The law restores through 2010 the 50 percent allowable depreciation on capital investments.
Cell Phone Deduction – The law simplifies the rules to deduct the use of cell phones for business purposes beginning in 2010.
Start-up Expenses
– The amount of start-up costs allowable to deduct is increased in 2010 from $5,000 to $10,000 with a phase-out threshold of $60,000 in expenditures.
Limits on Small Business Tax Penalties – Beginning in 2010, this law will change the penalty for failing to report certain tax transactions from a fixed dollar amount to a percentage of the tax benefits from the transaction, easing the disproportionate burden on small businesses.
Regulatory Fairness
The bill includes an enhancement of the SBA Office of Ad

Million dollar Michigan business plan competition now open

logoThe Accelerate Michigan Innovation Competition is an international business plan competition designed to highlight Michigan as a robust and vibrant venue for innovation and business opportunity. The competition will fuel innovation-based business growth by uncovering the best and brightest new business concepts from local and global entrepreneurs, exposing those opportunities to potential investment capital and fostering their growth within Michigan. The Accelerate Michigan Innovation Competition targets mid-to-late seed-stage businesses with potential to generate an immediate impact on Michigan’s economy, as well as student concepts with longer-term business viability. With more than $1 million in cash winnings, plus in-kind awards of services, staffing and software, the Accelerate Michigan Innovation Competition is the world’s largest business plan competition.

The competition is led by the newly formed Business Accelerator Network for Southeast Michigan (composed of four of the region’s key business accelerators: Ann Arbor SPARK, Automation Alley, Macomb-OU INCubator, and TechTown), the New Economy Initiative, Business Leaders for Michigan, and the University Research Corridor (Michigan State University, the University of Michigan and Wayne State University). These groups have aligned their efforts to bolster and advance Michigan’s entrepreneurial ecosystem through a variety of collaborative initiatives, including the Accelerate Michigan Innovation Competition. The mission is focused on job creation, increased capital and statewide economic and resource development.

Competition Details

The competition kicked off on August 24, 2010, and will culminate with a gala Award Brunch in Ann Arbor, Michigan on December 11, 2010. The event concludes with the University of Michigan vs. Michigan State University “Big Chill” hockey game at Michigan stadium. The day includes a pre-game Award brunch for all judges and participants. All information pertaining to the competition, including applications and eligibility criteria is located on the Accelerate Michigan Innovation Competition website

News from Social Media a New Trend?

By Emily Rozanski

Social media Web sites provide small businesses the opportunity to cost effectively reach their target markets where they are spending a majority of their time online. In addition, social media Web sites could possibly possess some time saving properties related to news and information gathering as well.

A survey, conducted by Re:NEW Michigan®, a trademark of Eiler Communications, investigated the growing use of social media marketing in business by comparing the April 2010 survey to a similar survey conducted among Michigan businesses in December 2008. Not surprisingly, social media sites such as Facebook, Twitter, YouTube, and LinkedIn all saw dramatic increases in usage in the time period between surveys. The biggest leaps came from Facebook and Twitter; Facebook saw a 28.5 percent increase in usage, and Twitter saw a 30.3 percent jump.

However, a more unexpected trend was revealed by the results of the survey. Michigan businesses reported heavily using social media Web sites in seeking news and information.

However, a more unexpected trend was revealed by the results of the survey. Michigan businesses reported heavily using social media Web sites in seeking news and information. “We believe this is due to news sites directly posting on Twitter and Facebook and links of some social sites to news sites,” said Larry Eiler, founder of Eiler Communications. Survey respondents admitted to using Facebook, Twitter, and blogs just as often as they use more traditional news sites such as CNN, MSNBC, and The New York Times when they seek news and information. Many even reported using social media Web sites as their primary source of information.

What do these results mean for the future of both social media and news information Web sites? The benefits of using social media Web sites for seeking news and information are obvious. They provide the instantaneous results that people desire for instant gratification of information.

Also, the large amount of time spent on these sites and the great amount of traffic these sites see is favorable for spreading a story. But are social media Web sites sufficient in providing a business with all the information it needs? Or are they simply being used to find brief news items that require further investigation?

Do social media Web sites have the potential to make news information sites obsolete? Re:NEW Michigan® will address these questions and others involving social media Web sites in its next survey in October.

(Emily Rozanski is a writer and new media specialist with Eiler Communications, Ann Arbor)

SBAM Wins Leadership, Website Awards

The Small Business Association of Michigan (SBAM) was recognized with two significant awards at the Michigan Society of Association Executives (MSAE) 9th Annual Diamond Awards Banquet, held on Sept. 22, 2010, at The Townsend Hotel in Birmingham. Nearly 200 members and guests attended the event, designed to recognize excellence and innovation in associations.

Rob FowlerAt left, Rob Fowler, SBAM’s president and CEO, was presented with the Chairman’s Gavel Award, a special honor chosen by the Michigan Society of Association Executives’ Past Chairman. The Chairman’s Gavel Award is MSAE’s way to honor the individuals who have done the most to advance the goals and aspirations of the organization’s strategic initiatives over the past year.

SBAM also won a First Place Diamond Award for its website ( redesign, which increased membership and improved member engagement.

Small Business Association of Michigan and Davenport University partner to deliver online Business Growth Strategies Series - Thursday, Oct. 14, 2010, 11:30 A.M. – 12:30 P.M.

As part of its ongoing commitment to deliver education and resources to help business owners throughout the state, the Small Business Association of Michigan (SBAM) is kicking off its Business Growth Strategies Series in partnership with Davenport University on Thursday, Oct. 14, 2010.

Through an online virtual classroom, business owners from across Michigan will be able to participate in “Cultivating GREAT Customer Service,” a session helping organizations identify and deliver the very best experiences for their customers.

“We are excited to bring this session to our members online, letting business owners bring their teams together over lunch to gain practical and immediately useful skills,” said Rob Fowler, president and CEO of SBAM. “With the underwriting support of our partners Blue Cross Blue Shield of Michigan and PNC Bank, we are able to deliver this initial kick-off session free of charge to SBAM members.”  

Future virtual classroom sessions will be offered on Sales Techniques, Conflict Negotiation, Social Media, and Innovation.

“The Business Growth Strategies Series addresses the topics of greatest interest to small business owners and delivers information that can be put to practical use . says Max Gibbard, executive director of Davenport’s Leadership and Management Development Institute, the organization charged with training and professional development within the University.  “With a career education focus, Davenport University faculty members are uniquely able to draw upon current, real-world work experience and deliver insights essential to  the development and growth of Michigan business.”

The Oct. 14 virtual classroom event will run from 11:30 a.m. to 12:30 p.m.  Individuals interested in participating can register online at to reserve a spot at the event, or can contact Sarah Miller or by phone at 800-362-5461.

About Davenport University

Davenport University – the only West Michigan-based private university specializing in business, technology and health professions – serves an enrollment of approximately 12,000 students at its W. A. Lettinga Campus in Grand Rapids, at campuses throughout Michigan and online. Davenport focuses on innovative, practical and affordable education and offers graduate and undergraduate programs. More information is available at  

Employment Law Alert: National Labor Relations Board Permits Unions to Display Large Stationary Banners in Front of Businesses Where They Have No Primary Labor Dispute

Reproduced with permission from Clark Hill PLC

by Kurt M. Graham

The newly comprised National Labor Relations Board ("NLRB" or "Board"), which now consists of a majority of pro-union appointees, has wasted no time expanding the rights of organized labor. In Carpenters & Joiners of America (Elaison & Knuth of Ariz. Inc.), 355 NLRB No. 159 (2010), the NLRB found that a union's practice of displaying large stationary banners in front of a secondary employer's business is not coercive and thus does not violate the secondary boycott provisions of the National Labor Relations Act ("NLRA").

Under the NLRA, a union having a dispute with an employer over the terms and conditions of employment being offered to its employees (the primary employer) must confine its picketing activity to that particular employer. It may not extend the labor dispute to other employers (secondary employers) in the hope that pressuring those employers to cease dealing with the primary employer will help it gain the upper hand in its primary labor dispute. Section 8(b)(4)(ii)(B) of the NLRA makes it unlawful for a union to force or require "any person to cease using, selling, handling, transporting, or otherwise dealing in the products of another other . . . person . . ."

In 2003, the Carpenters & Joiners of America Union was involved in primary labor disputes with four construction employers - Eliason & Knuth of Arizona Inc., Delta/United Specialities, Enterprise Interiors, Inc., and Hardrock Concrete Placement - that the union contended did not pay their employees wages and benefits that equaled area standards. In furtherance of the dispute with these four primary employers, the union engaged in peaceful protest activity at the Thunderbird Medical Center in Phoenix, the Northwest Medical Center in Tucson, and the RA Tempe Restaurant in Tempe during which union members held a large banner on a public sidewalk 15 feet to 1,050 feet from the company's facility. The banners stated "SHAME ON [the name of the employer]" in large letters, flanked on either side with the words "Labor Dispute" in smaller letters. As they were displaying the banners, union members offered fliers that explained the nature of the labor dispute to interested members of the public. The fliers explained that the union's complaint was with the construction companies but asserted that the employer was contributing to the undermining of area labor standards by using the services of those construction companies.

In late 2003, Eliason & Knuth, Northwest Hospital, and RA Tempe filed unfair labor practice charges with the NLRB contending that the union violated the NLRA by displaying the banners at secondary employer sites with the intention of forcing the neutral employers to cease doing business with the primary employers.

In a case of first impression, the NLRB found that the Carpenters & Joiners of America Union did not violate Section 8(b)(4)(ii)(B) because the provision does not prohibit the "peaceful stationary display of a banner." According to the majority, the conduct that makes picketing coercive is the combination of carrying picket signs and the persistent walking of picketers back and forth in front of an entrance to a worksite so that a physical or symbolic confrontation with workers entering the worksite exists. The majority further stated: "Banners are not picket signs. Furthermore, the union representatives held the banners stationary, without any form of patrolling . . . the banners were located at a sufficient distance from the entrances so that anyone wishing to enter or exit the sites could do so without confronting the banner holders in any way."

According to the two dissenting Board members, the Board has long held that the use of picket signs and patrolling are not prerequisites for finding a union's conduct to be the equivalent of traditi

Weekly Legislative Round-Up

Bernero Goes After Snyder on Tax Plan

U.S. Senate Passes Jobs Bill, 1099 Repeal Left Undone

Election 2010

Bernero Goes after Snyder on Tax Plan

Earlier this week, Democratic gubernatorial candidate Lansing Mayor Virg Bernero claimed that Republican candidate Rick Snyder’s tax proposal would hurt small businesses.

Snyder has proposed eliminating the Michigan Business Tax and replacing it with 6% flat corporate tax.  The Bernero campaign alleges that this proposal will hurt many small businesses that currently pay no business taxes or are taxed under a lower rate using the alternative profits tax.

SBAM has conducted a Q and A interview with Rick Snyder that will appear in our next edition of the Focus magazine.  As part of that interview we asked him about how he would reform business taxes in Michigan.

Here is that excerpt:

How do you propose to reform Michigan’s tax system?

The first thing we need to do is eliminate the Michigan Business Tax and the job-killing tax surcharge.  My plan cuts the taxes of every business in Michigan by at least $1.5 billion, but it would especially help small businesses and “Mom & Pop” shops on Main Street who currently pay the Alternative Profits Tax.  Their tax rate would go from 1.8 percent to zero. 

I would replace Michigan’s job-killing MBT with a 6-percent flat corporate tax on C-corporations and exempt S-corporations, sole-proprietorships and LLCs.

My plan is simple, fair and easy for businesses to follow.  Take your federal taxable income, multiply it by 6 percent, write your check to the state and get on with running your business.

SBAM has endorsed Rick Snyder because we feel he has the better plan for turning Michigan’s economic doldrums around.  Bernero’s claims have received a great deal of media attention and we just felt the need to set the record straight using Snyder's own words.

U.S. Senate Passes Jobs Bill, 1099 Repeal Left Undone

The United States Senate this week passed the Small Business Jobs Bill that includes many provisions that will be helpful to small businesses.  However, amendments to repeal or change the new 1099 reporting requirement were defeated.

SBAM and the National Small Business Association (NSBA) have been working all summer on educating Congress about the onerous addition to the healthcare bill that would add paperwork and costs to doing business.

The controversial new 1099 reporting requirement, which was included in the Patient Protection and Affordable Care Act, would require businesses to report to the Internal Revenue Service (IRS) any purchase from a vendor of goods or services worth $600 or more during the calendar year. The new requirements would be effective for purchases made in 2012 that will be reported on 1099 forms filed in 2013.

First, lawmakers voted 46 to 52 to block an amendment authored by Sen. Mike Johanns (R-Neb.), and supported by NSBA and SBAM, that would have fully repealed the 1099 reporting provision, and would have made more people exempt from having to buy health insurance by lowering the affordability exemption for the individual mandate.

Senators also managed to block the Democratic alternative sponsored by Sen. Bill Nelson (D-Fla.) that would have increased the threshold from $600 to $5,000 and exempted businesses with 25 or fewer employees from the new reporting requirement. Nelson’s amendment failed by a vote of 56 to 42, four votes short of the 60 needed to cut off debate.

For now the 1099 reporting r

Texting Law is No LOL Matter Outlook Voice Access Comes to the Rescue

When Gov. Granholm signed the new Texting Bill into law during a live appearance on the Oprah Show on April 30, more than a few of us road warriors started looking for practical answers to staying legal.

According to the U.S. Census Bureau, the average American spends over 100 hours each way commuting to work every year, surely a fraction of the time most road warriors spend on the road. I have to admit, I have done my share of texting while driving.
What’s the safe bet? In my opinion, “Unified Messaging” may be the answer. On the server side, Unified Messaging (UM) delivers a complete suite of voicemail functionality, but Outlook Voice Access (OVA) may be the best part of the package. OVA allows users to interact with their e-mail, contacts, and calendaring information through any telephone or mobile phone.

Among the features in OVA:
  • Listen to new and saved e-mail and voicemail messages.
  • Forward, reply, save, and delete e-mail and voicemail messages.
  • Interact with your calendar.
  • Locate a person in the global address list or personal contacts.
  • Send a voice message to a person.

Voice Commands Keep You Hands-Free and Legal

The speech recognition technology in the Outlook Voice Access system lets you use voice commands to access your calendar and get meeting details, call the organizers, or send a message notifying attendees that you will be late. Then you can access your address book, find related messages from the sender, or call the senders directly. This system may be the best efficiency tool since the PDA. Another solution is the Cisco Unified Communications platform for small businesses, a complete package of hardware and software for integrating voice and email. Beyond integration with Microsoft’s technology, Cisco offers its own software packages to manage voice mail, email and calendaring, and even integrate your customer relationship management database.

On the leading edge for many small businesses is the concept of managed phone systems, which allows a company to outsource its phone service and system to a third-party provider. The Cisco system allows small businesses — restaurants, service intensive companies or those with disparate staff — to take advantage of the features of enterprise phone systems without the capital outlay.

Using a Virtual Private Network connection — essentially a secure, dedicated connection delivered over the Internet — managed phone service routes business calls and faxes to designated phone lines, and manages the storage and retrieval of messages. Employees can check any type of message from the same inbox — either the voicemail box, accessed from a phone, or the e-mail inbox, accessed from a computer.

Similarly, a growing number of IT companies are providing hosted (or cloud computer based) Exchange Servers that deliver similar functionality to Cisco’s managed phone systems. Keep in mind, those that currently offer Outlook Voice Access usually provide a streamlined feature set in keeping with Exchange Server 2007.

To get the system off the ground, your company will need to start with a systems analysis to understand your business needs as they relate to a newer phone system. Companies with older business phone systems may need to upgrade to take advantage of this new Outlook Voice Access technology. If your company currently uses Exchange 2007, you can take advantage of most of the Exchange 2010 features if your phone system can be integrated with the server.

If you think Outlook Voice Access will make you a more responsible road warrior or save you from one of those $100 tickets, we advise that you act now as the texting law took effect July 1.

Chad Paalman is Vice President, NuWave Technology Partners.

Businesses are Not Launched Overnight, Nor Are They Sold Overnight

By Eric Seifert, a Senior Business Consultant with the Michigan Small Business & Technology Development Center. From SBAM’s member-only Focus on Small Business magazine.

A successful business is not created overnight or in a conference room some rainy afternoon. It takes years of strategic planning, long hours and usually the owner’s personal financial investment to launch and grow a new business. The whole process of launching a business could take years. As the economy recovers, and it is recovering, more business owners who spent that time developing and growing their businesses will consider selling their business.

Establish an Exit Plan
Similar to planning the start of a business, a well thought out exit plan will increase the possibility of a positive outcome. Ideally, a seller should begin preparing two to three years prior to putting the company on the market. According to Kevin Hirdes, Managing Partner of NuVescor Group, “With solid planning for a transition in place, the enterprise value of the entity being sold can increase substantially.” It’s much more expensive, disruptive and time-consuming to rush and prepare all the necessary information in a short period of time than it is to consistently compile the necessary records over a period of several years.

Timing Can be Crucial
Many business owners wait until their business is stagnating, or they are exhausted with running the business to decide to sell. They wait until the last minute to try and sell their business-which will not provide the results they want. The optimal time to sell is when a business is doing well. Business valuations are driven by cash flow, so stronger cash flow creates higher value. At times, some business owners have a tendency to disengage from the business prior to selling it. As a result, these businesses many times are sold at compressed values as the business owners passion has decreased for leading the business, and the performance of the business often times follows suit. In sports, the adage is to leave at the top of your game. It is the same with selling your business.

Position the Business for a Sale
Staging or positioning the business for sale can result in a higher price. This can include grooming a level of management and leadership that reduces the reliance of the business on the owner. Unless the buyer is already familiar with the industry, he may need to turn to someone for help running the business after the seller exits. From the buyer’s perspective, it’s better if the current owner is not important to the day-to-day operations and ultimate success of the business. A great management team enhances a firm’s value. Steven Tjapkes, attorney with Clark Hill, Grand Rapids, commented that key employees should be under contract prior to placing the business on the market. “The type of contract is critical – a personal services contract cannot be sold,” according to Tjapkes.

Not only is a succession plan important for the business owner, so too is the management of the customer concentration risks and other key concentrated relationships within the entity. Critical vendor, employee, and customer concentrations are common risks associated with a business. These concentrations should be mitigated well in advance of a sale.

Pricing is Critical
Without professional assistance, many business owners price their businesses based on emotion or hearsay rather than a solid valuation. Unrealistic seller expectations torpedo many transactions. Paul Jackson, a business attorney with Warner Norcross and Judd, believes that sellers lacking a clear understanding of their business’s value can be at the mercy of buyers. Professional valuation experts, accountants and experienced intermediaries [business brokers and merger & acquisition advisors] can