Business Weekly
Business Weekly

May 4 - 8, 2009

 A Candid Assessment of the First 100 Days

By Jay Timmons, Executive Vice President, National Association of Manufacturers

OK – I admit it. I thought things would be different. We are 100 days into the Obama administration – a traditional marker for measuring the direction of a new presidency.

The direction seems to be headed south. There is no doubt candidate Obama’s rhetoric offered hope. The Republicans had run out of steam and had missed many opportunities to advance positive economic policy that would have created jobs and protected the economy against the looming recession.

I believed the President would govern from the commonsense center, while ending the culture of partisanship in the nation’s capital. Polls indicate that many Americans have positive feelings about our current President. And with good reason; he is personable, earnest and has a commanding presence on the world stage.

But these same polls show an increasing number of Americans are becoming alarmed at the economic policies the President and his allies in Congress are pushing. Also with good reason; on issue after issue affecting manufacturing and the U.S. economy, the President and his policy proposals have failed to match his rhetoric from the campaign and early presidential speeches.

In his February address to a joint session of Congress, President Obama spoke of “catalyzing private enterprise,” but in reality his agenda only adds new burdens, costs and taxes to business. He embraces jobs, but punishes job creators.

The National Association of Manufacturers (NAM) supported the President’s economic stimulus package as providing a necessary “jump start” to the economy. The White House has opened the door to NAM member companies, solicited our input, and listened respectfully to our ideas. We sincerely appreciate the opportunity. But listening and high-minded rhetoric are not the same as action. And after “jump starting” the economy, the President’s policies threaten to tear out the engine, remove its tires and put the economic vehicle up on blocks.

Labor policy is a prime example. The very first bill President Obama signed into law was the Lilly Ledbetter Fair Pay Act that removes all statutes of limitation on employment discrimination lawsuits. Big Labor bosses and the trial lawyers were thrilled with the legislation, which will open the floodgates to lawsuits against employers.

In signing the law, the President made each new hire marginally more expensive, discouraging employers from creating jobs. His first executive orders on such issues as “project labor agreements” were top union priorities, and his Department of Labor is busily reversing the disclosure rules that held organized labor to the same standard of transparency as required of business. And while the Administration has not gone full-throttle in support of the anti-democratic Employee Free Choice Act, it continues to endorse this job-killing legislation.

The President’s budget was an especially heavy blow to U.S. manufacturing competitiveness. The tax proposals will take more than $1.4 trillion out of the productive private sector – tax hikes and anti-investment provisions would not only stifle economic recovery, they would erode the very foundations of the free market system itself.

The Administration calls them “international tax reforms” but in fact, there is no reform in the proposal to dramatically restrict or even end the ability of U.S. multinationals to “defer” U.S. tax on active foreign business income until the income is paid as a dividend to the U.S. parent. This additional tax burden would force American companies to surrender lucrative markets to foreign competitors. Especially troubling is the rhetoric used to sell this damaging provision, phrases like “eliminate tax breaks for shipping jobs overseas.” It reflects a populist endorsement of harsh anti-business rhetoric that we expect to hear from labor and left-leaning activists.

The harm is not just levied onto the large companies. Indeed, the President’s budget also targets small manufacturers and other businesses. The budget plan raises the two top individual tax rates and makes other changes to exemptions and deductions that place a huge burden on thousands of small businesses that file as “S” corporations. On energy and the environment, it’s hard to know what’s worse: The regulation of all greenhouse gases inherent in the Obama EPA’s proposed endangerment finding for carbon dioxide and other emissions, or the budget’s support for a vague “cap and trade” program that would bring the entire manufacturing economy under government control.

Cynically, supporters of the EPA’s endangerment finding regard it as a “hammer” to force Congress to adopt an extreme plan. A top Obama Administration budget aide, Jason Furman, says the plan could cost industry $2 trillion over the next eight years. That’s not a hammer; that is a huge blow to the already struggling U.S. economy.

Meanwhile, despite rhetoric to the contrary, we see an Obama Interior Department removing federal lands from consideration for energy development, and no solid proposal or forward motion to match the occasional mention of nuclear power.

There have been a few bright spots in addition to the stimulus plan. The NAM will certainly continue our outreach to the Obama Administration, offering our points of view and fully supporting the White House when warranted. For instance, last week Ambassador Ron Kirk, the U.S. Trade Representative, laid out a strong pro-trade agenda for the Administration and Congress. We applaud the President for standing strong against the protectionism that many in Congress were recently advocating.

But in other areas where the rhetoric might have given manufacturers some hope that the Obama Administration would support pro-competitive reforms, we now have 100 days of experience telling us that the soaring rhetoric of the campaign doesn’t match the disappointing reality of his governing. If enacted, the President’s policies on labor, taxation, energy and the environment will make manufacturing in the United States less competitive in the global economy. That means a very slow road to economic recovery and fewer jobs for hard-working Americans. And that we must oppose with all of our united strength 

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State Supreme Court Strikes Two Parts of Civil Justice Reform Act of 2003

On Thursday, April 30, the Arkansas Supreme Court declared unconstitutional two provisions of the 2003 Civil Justice Reform law that the State Chamber/AIA, Committee to Save Arkansas Jobs, Medical Society and many others worked hard to pass. Act 649 of 2003 passed 34-1 in the state Senate and 71-28 in the state House during the 84th Arkansas General Assembly.

The portion of the law concerning joint and several liability which required the fact finder to consider the negligence or fault of “nonparties” when assessing an apportionment of damages against a defendant was declared unconstitutional.  The Court also ruled unconstitutional the provision limiting the evidence regarding the amount of medical expenses incurred to the amount the plaintiff is legally responsible to pay, as opposed to the amount billed. The ruling did not address the key section of Act 649 of 2003, which limits punitive damages to $1 million or three times compensatory damages, whichever is greater.

The court’s opinion declared that sections of the Civil Justice Reform Act of 2003 that limit liability and damages awards in lawsuits violate state constitutional provisions intended to reserve the power to govern the legal system to the judiciary. The court’s unanimous 10-page opinion written by Justice Paul Danielson said, “It offends the principle of separation of powers and the powers specifically prescribed to this court.”

Last week’s ruling is the second case where the state Supreme Court has ruled that a part of the Civil Justice Reform Act was unconstitutional. There is also an appeal pending before the court involving a Ouachita County case directly addressing the Act’s cap on punitive damages.

Nick Thompson of Little Rock , a lawyer for the Committee to Save Arkansas Jobs, which along with the State Chamber/AIA and others submitted “friend of the court briefs,” told the Arkansas Democrat Gazette that it was unclear whether Thursday’s ruling foreshadows future decisions overturning other parts of Act 649. “The committee will continue to monitor future activity relating to civil justice reform,” Thompson said. Bruce McMath, attorney for the injured worker in the underlying case at issue here, told the newspaper that he agreed there is “nothing in here to signal” how the court would handle future cases involving Act 649. McMath said 90 percent of civil cases are settled, so he was not surprised that it’s taken six years for these issues to reach the Supreme Court.

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 State Chamber/AIA Leadership Conference – Revived, Refocused, Inspired

The Arkansas State Chamber of Commerce Leadership Arkansas program will present its first Leadership Conference – Revived, Refocused, Inspired this Friday, May 8, 2009 at the Statehouse Convention Center in Little Rock .

Speakers for the event include Tony Blair, John Maxwell, Jack Nicklaus, Bill George, Al Weiss, Linda Kaplan Thaler, Kevin Carroll, Mark Sanborn, Liz Murray and Ernie Johnson.

The 10 speakers will cover subjects such as leading in difficult times, converging people and purpose, building strong teams by understanding and embracing change, overcoming personal and professional adversity, utilizing the power of passion and creativity, and balancing the needs of customers, employees and company shareholders.

You will leave this Leadership Conference refreshed and enlightened - and you will offer your team a renewed sense of hope and vision as you take your learning experiences back to them.

Leadership Arkansas ’s mission is to build a strong, diverse, statewide network of leaders with a shared commitment to connect our communities and to make Arkansas a better place in which to live and prosper.

To order tickets or for further information, contact Susie Marks at (501) 210-4206 or smarks@arkansasstatechamber.com. 

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State Chamber/AIA Health Committee to Meet Tuesday, May 12

The State Chamber/AIA Health Committee will meet at 1:30 p.m. on Tuesday, May 12 in our office’s Bob Lamb Conference Room at 1200 W. Capitol in Little Rock.

The purpose of this meeting will be to discuss pending health care issues in Washington and develop policy recommendations for our leadership to approve.

Please make plans to attend this important meeting. For further information, contact Kenny Hall at 501-210-4210 or khall@arkansasstatechamber.com.

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Board Meeting, New Member Luncheon Slated for May 13

 The next State Chamber/AIA Board Meeting is set for 10 a.m. May 13 in the State Chamber Conference Room. It will be followed by a New Member Luncheon at 11:45 a.m. in the same location.

If you are a new member and have not already responded to your invitation, please RSVP to Deb Mathis at dmathis@arkansasstatechamber.com or call her at 501-210-4212 to make your reservation 

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Leadership Arkansas to Hold Next Session in Jonesboro

Leadership Arkansas Class III will hold its next session covering the Northeast Arkansas Economy on Thursday and Friday, May 21-22 in Jonesboro .

Sponsors for the Session to date include Presenting Sponsors Alberto Culver and Nucor, and Participating Sponsors ASU Delta Center , Arkansas Farm Bureau Federation and Ritter Communications.

The draft agenda for the Session includes: a welcome from Jonesboro Mayor Harold Perrin; a panel discussion on the Northeast Arkansas Economy with Jonesboro Regional Chamber President Mark Young, Great River Economic Development Foundation President Clif Chitwood and Paragould Regional Chamber President Sue McGowan; a Career Readiness presentation featuring Arkansas Department of WorkForce Director Judy Clayton, Alberto Culver Human Resources Manager Barry Hay and Nestle Prepared Food Human Resources Manager Greg Burnett; a Work Force Training (WTC) Consortium and Delta Center for Economic Development (DCED) presentation featuring WTC Director Linda Wood Sharp and DCED Director Alan McVey; a presentation on The Four Coolest Inventions of the Arkansas Bio Sciences Institute by Director Dr. Carole Cramer; a panel discussion on The Role of Telecommunications, Banking and Tourism in Economic Development by Ritter Communications President Paul Waits, Liberty Bank of Arkansas President John Freeman and Arkansas Delta Byways Executive Director Dr. Ruth Hawkins; a dinner speech by Alberto Culver President Rich Mewborn; a tour of the Alberto Culver plant and the community of Jonesboro; and a presentation on The Importance of Agriculture by Arkansas Farm Bureau President James Veach.

Additional sessions planned for the coming months throughout the state include 

  • Session VII – Northwest Arkansas Economy, June 25-26, 2009, Fayetteville .
  • Leadership Class III Graduation will be held June 26, 2009 in Fayetteville .

Leadership Arkansas is a program designed to take a statewide view of the economic and political challenges that face Arkansas . The program offers leadership opportunities that expand the impact of community leaders across the state. Created by the State Chamber/AIA, Leadership Arkansas builds a sense of statewide community by identifying and training individuals with the passion and commitment to become personally engaged in issues, programs and activities aimed at building a better Arkansas .

The Chairman for this year’s Leadership Arkansas class is program founder Paul H. Harvel. Curriculum Chairman is Michele Bond. Leadership Arkansas Class III is sponsored by Southern Bancorp of Arkadelphia.

If you would like to be a session sponsor or need further information about Leadership Arkansas, please call Susie Marks at 501-210-4206 or e-mail her at smarks@arkansasstatechamber.com.

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State Chamber to Host Procurement Conference

The Arkansas State Chamber is partnering with the U.S. Small Business Administration, the office of U.S. Rep. Vic Snyder, the office of U.S. Sen. Mark Pryor, the office of U.S. Sen. Blanche Lincoln and Arkansas Workforce Development Services to present the Arkansas Procurement Opportunities Conference from 7 a.m. to 4:15 p.m. on June 2 at the Statehouse Convention Center in Little Rock.

The Arkansas Procurement Opportunities Conference will match approximately 350 local and regional small business owners (SBEs, MBEs, WBEs and DBEs) with approximately 150 buyers from state and federal agencies, prime contractors and major corporations.

Sponsors for the Procurement Conference include Title Sponsor Department of Workforce Services; Gold Sponsors Aerojet Corporation, Entergy Arkansas, Tyson Foods, Inc. and Verizon Wireless; and Supporting Sponsors Arkansas Blue Cross and Blue Shield, Arkansas Employees Federal Credit Union, Bank of the Ozarks and the Arkansas Procurement Assistance Center.

The Procurement Opportunities Conference will also include the 19th Annual Arkansas Small Business Awards Luncheon from 11:45 a.m. until 1 p.m.  The Small Business Awards Luncheon is being sponsored by Table Sponsors CenterPoint Energy and Arkansas Blue Cross and Blue Shield, and Patron Sponsors Arkansas Manufacturing Solutions and The Heritage Company. Tickets for the Luncheon are $35 each; tables of eight are $300.

Sponsorship opportunities for the Procurement Conference and the Small Business Awards Luncheon are still available.  For further information, please contact Susie Marks or Jeff Thatcher at 501-372-2222, or log onto www.arkansasprocurement.org. 

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2009 Legislative Summary Planned

 The State Chamber/AIA will publish a 2009 Legislative Summary covering the recently concluded 87th General Assembly. The Legislative Summary will have a two-year shelf life, will be distributed to State Chamber/AIA members and membership prospects and will be a good marketing tool for you to promote your company or organization’s services.

For information on ad rates and ad specifications, contact Jeff Thatcher at 501-210-4205 or by e-mail at jthatcher@arkansasstatechamber.com 

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State Chamber/AIA to Publish Second Membership Directory in July

The State Chamber/AIA plans to publish its second Membership Directory in July. The 2009 State Chamber/AIA Membership Directory and Buyer’s Guide will be an excellent resource guide for the Arkansas business community. It will feature a full-color section with important resource information about businesses in Arkansas , governmental affairs, economic development, leadership and State Chamber partnerships, as well as services and benefits to members.

Each member will be listed along with the type of business and contact information. This is your opportunity to promote and market your business to more than 1,000 businesses and organizations throughout Arkansas , and it will be a prime method for members to utilize referrals.

For information on ad rates and specifications, contact Jeff Thatcher at (501) 210-4205 or jthatcher@arkansasstatechamber.com or Susie Marks at (501) 210-4206 or smarks@arkansasstatechamber.com.

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Jonesboro Young Professionals Network Hosting Conference

The Jonesboro Young Professionals Network, a branch of the Jonesboro Regional Chamber of Commerce, is hosting their first annual professional development conference themed “Realize the Magic of Your Potential” May 14-16 at the campus of Arkansas State University.

The conference will feature keynote speaker Brad Montgomery, a nationally recognized speaker and business person whose clients include the CIA, the FBI, USA Today, Allstate, and several others. Throughout the weekend, conference attendees will have the chance to hear from other nationally recognized speakers, listen in on track sessions, and enjoy networking opportunities with young professionals throughout the state.

Conference registration is only $225 for a weekend of professional development training, networking opportunities and social activities that will undoubtedly give any young professional the skills they need to add to the success of their company. If three employees attend, the cost is only $600; if five employees attend, the cost is only $900.

To register, visit www.realizethemagic.com or call the Jonesboro Regional Chamber of Commerce at 870-932-6691. Proceeds from the event will be used for a scholarship for the College of Business at Arkansas State University  

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Welcome to Our New Members

Thanks to the following companies and organizations that have recently joined the State Chamber/AIA:

Arkansas Digital Systems, Inc.

Ashley Enterprise Media Advertising

comCables, LLC

Jaime’s

Tejas Technologies, Inc.

 

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Thanks to Our Pinnacle Members

We would like to express special thanks to all of our Pinnacle investors, the respected companies that support the State Chamber/AIA at the highest annual investment levels. We appreciate all that they do for us.

APEX

Alltel Corporation

Entergy Arkansas, Inc.

Wal-Mart Stores, Inc.

SUMMIT

Chesapeake Energy, Inc.

Cox Communications

Tyson Foods, Inc.

XTO Energy, Inc.

 

PEAK

Arkansas Blue Cross and Blue Shield

Arvest Bank

AT&T Arkansas

CenterPoint Energy Southern Gas

Electric Cooperatives of Arkansas

FedEx Freight - East

Georgia-Pacific Corporation

Kraft Foods

Oaklawn Jockey Club

Southern Bancorp, Inc.

Southland Park Gaming & Racing

Southwestern Energy Company

State Farm Insurance

Verizon Wireless

Windstream Corporation

 

CROWN

Acxiom Corporation

AEP Southwestern Electric Power

Albemarle Corporation

Alcoa Inc.

American Greetings Corporation

America 's Car-Mart, Inc.

Arkansas Employees Federal Credit Union

Arkansas Farm Bureau Federation

Arkansas Oklahoma Gas Corporation

Bank of the Ozarks

BP America, Inc.

CardinalHealth

CenterPoint Energy Gas Transmission Company

Crossland Construction

Deltic Timber Corporation

Dynegy

Entegra Power Group LLC

Evergreen Packaging Company

Farm Bureau Mutual Insurance Company of Arkansas, Inc.

Forest Oil Corporation

Glad Manufacturing/A Clorox Company

Golden Living

International Paper Company

Kimberly-Clark Corporation

Lion Oil Company

McKee Foods Corporation

Metropolitan National Bank

Nabholz Construction Corporation

National Center for Toxicological Research (NCTR)

Nucor-Yamato Steel

OG+E

Petrohawk

Philander Smith College

Potlatch Forest Products Corporation

RebeccaRice & Associates

Rheem Air Conditioning Division

Riceland Foods, Inc.

Signature Bank of Arkansas

Stephens, Inc.

Storm Cat Energy

Suez Energy North America

The Clorox Company

The Trane Company

US Bank

Waste Management

Weyerhaeuser Company

Wright Lindsey & Jennings

 

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Calendar of Events

 

May 8                           Maximum Impact Simulcast Leadership Conference

                                    7:30 a.m. to 3:30 p.m.

Statehouse Convention Center

                                    Little Rock

 

May 12                         State Chamber/AIA Health Committee Meeting

                                    1:30 p.m.

                                    State Chamber Conference Room

                                    Little Rock

 

May 13                         State Chamber/AIA Board Meeting

                                    10 a.m.

State Chamber Conference Room

Little Rock

 

May 13                         New Member Luncheon

                                    11:30 a.m. to 1 p.m.

                                    State Chamber Conference Room

                                    Little Rock

 

May 21-22                   Leadership Arkansas Class III

                                    Northeast Arkansas Economy

                                    Jonesboro

 

June 2                         Arkansas Procurement Opportunities Conference

                                    Statehouse Convention Center

                                    Little Rock

 

June 2                         Nineteenth Annual Arkansas

                                    Small Business Awards Luncheon

                                    Statehouse Convention Center

                                    Little Rock

 

June 25-26                  Leadership Arkansas Class III

                                    Northwest Arkansas Economy

                                    Fayetteville

 

June 26                       Leadership Arkansas Class III

                                    Graduation

                                    Fayetteville

 

July 9                           Small Business Council Meeting

                                    11:30 a.m. – 1 p.m.

                                    State Chamber Conference Room

                                    Little Rock

 

August 12                    State Chamber/AIA Board Meeting

                                    10 a.m.

State Chamber Conference Room

                                    Little Rock

 

August 12                    New Member Luncheon

                                    11:30 a.m. to 1 p.m.

                                    State Chamber Conference Room

                                    Little Rock

 

September 3               Small Business Council Meeting

                                    11:30 a.m. – 1 p.m.

                                    State Chamber Conference Room

                                    Little Rock

 

October 19                  State Chamber/AIA Annual Meeting

                                    State Chamber/AIA Board Meeting

                                    DoubleTree Hotel

                                    Little Rock

 

November 5                Small Business Council Meeting

                                    11:30 a.m. – 1 p.m.

                                    State Chamber Conference Room

                                    Little Rock

                                   

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