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(2010) S 3991 Allowing Collective Bargaining for Public Safety Officers
Outcome: Cloture Not Invoked (55/43)
Summary:
- Defines "public safety officer" as any law enforcement officer, firefighter, or member of emergency medical services personnel who is not a permanent supervisory, management or confidential employee (Sec. 3).
- Defines "confidential employee" as any individual employed by a public safety employer who is designated as confidential and who routinely assists supervisory and management employees in a confidential capacity (Sec. 3).
- Requires the Federal Labor Relations Authority to determine whether or not a state (Sec. 4):
- Authorizes public safety officers to form and join a labor organization, which may exclude management employees, supervisory employees, and confidential employees;
- Authorizes public safety officers to bargain over hours, wages, and the terms and conditions of employment;
- Requires public safety employers to recognize and bargain with labor organizations, and to commit any resulting agreements to a written contract or memorandum of understanding;
- Provides a method of dispute resolution, such as mediation or arbitration; and
- Requires the enforcement of the above, either through a state administrative agency or through the state courts.
- Requires the Federal Labor Relations Authority to consider the opinions of affected employers and labor organizations when determining whether or not state law is sufficient (Sec. 4).
- Requires the Federal Labor Relations Authority to identify categories of public safety officers that are not covered by state law, in cases where state law is otherwise sufficient, and to enforce collective bargaining rights with regard to these categories of employees (Sec. 4).
- Authorizes any person to challenge the determination of the Federal Labor Relations Authority by petitioning the United States Court of Appeals within 60 days of the date that the determination was made (Sec. 4).
- Requires that if a State does not meet the responsibilities described by this Act the Federal Labor Relations Authority will begin to carry out these procedures on the latest of the following dates (Sec. 4):
- 2 years after the date the bill was enacted into law;
- The last day of the first regular session of the state legislature that begins after the bill was enacted into law; or
- The last day of the first regular session of the state legislature that begins after the date that the Authority issued a determination made subsequent to a previously-made determination.
- Requires the Federal Labor Relations Authority to carry out the following procedures in states that it determines fail to provide for the above (Sec. 5):
- Identify groups of employees that should be represented by a labor organization;
- Conduct or supervise the election of a labor organization as the employee representative, and ensure that it has been selected by a voting majority of employees in each group;
- Resolve issues relating to the duty to bargain in good faith;
- Resolve complaints of unfair labor practices;
- Resolve any exceptions to the awards of arbitrators;
- Protect the ability of each employee to form, join, or assist a labor organization; and
- Take any other actions deemed necessary and appropriate including, but not limited to, issuing subpoenas, examining witnesses, and taking depositions.
- Authorizes the Federal Labor Relations Authority to petition the United States Court of Appeals to enforce the collective bargaining rights for public safety officers, and for any private individual to petition the court if the Authority has not already done so (Sec. 5).
- Prohibits all employers, public safety officers, and labor organizations from striking or engaging in any other form of work stoppage that will disrupt the delivery of emergency services, as long as this prohibition does not preempt any related state or local law (Sec. 6).
- Specifies that the bill will not invalidate any existing collective bargaining agreements (Sec. 7).
- Prohibits the Federal Labor Relations Authority from applying its powers to any group of public safety officers who are deemed to already be sufficiently protected by state law (Sec. 8).
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Cantwell's Vote
Y |
(2010) S 3816 Tax Law Amendments
Outcome: Cloture Not Invoked (53/45)
Summary:
- Prohibits tax deductions, losses, or credits for any transaction (or series of transactions) that is the result of the individual reducing or eliminating the operation of a trade or business within the U.S. in connection with the start up or expansion of such trade or business by the taxpayer outside of the U.S. (Sec. 201).
- Expands income tax liability on controlled foreign corporations (26 USC 951-965) to include "imported property offshored income," meaning income (profits, commissions, fees, etc.) that is received from a controlled foreign corporation and derived in connection with any of the following (Sec. 202):
- Manufacturing, producing, growing, or extracting imported property;
- The sale, exchange, or other disposition of imported property; or
- The lease, rental, or licensing of imported property.
- Defines "imported property" as property that is imported into the U.S. by an offshored controlled foreign corporation or a related individual (Sec. 202).
- Exempts foreign oil and gas extraction income, or any foreign oil related income (26 USC 907(c)), from the aforementioned expansion of income tax liability on controlled foreign corporations (Sec. 202).
- Exempts employers from the excise tax for old age, survivors, and disability insurance (26 USC 3111) with respect to an individual who meets the following criteria (Sec. 101):
- The individual commenced employment after September 21, 2010 and before September 22, 2013;
- The employer certifies that the individual has been employed to replace another employee who was not a citizen or lawfully present resident of the U.S. and "substantially all" of whose services for the employer were performed outside of the U.S.;
- "Substantially all" of the services the individual will perform for the employer will take place within the U.S.; and
- The individual is not an individual described in 26 U.S.C. 51(i)(1).
- Specifies that the exemption from the excise tax shall begin on the hiring date of the applicable individual and shall be in effect for 2 years thereafter (Sec. 101).
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Cantwell's Vote
Y |
(2010) HR 4213 Unemployment Benefits Extension
Outcome: Concurrence Vote Passed (59/39)
Summary:
- Requires states to determine whether an individual is eligible for emergency unemployment compensation or regular compensation if the individual meets the following criteria (Sec. 3):
- Has been eligible for emergency unemployment compensation;
- The benefit year for which the individual was eligible for emergency unemployment compensation has expired;
- Has remaining entitlement to emergency unemployment compensation with respect to that benefit year; and
- Would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the weekly benefit in the aforementioned previous benefit year.
- Prohibits states from reducing the average weekly benefit amount of regular compensation payable during the period of the agreement occurring on or after June 2, 1010 to an amount that is less than the average weekly benefit amount of regular compensation which would otherwise have been payable during such period, as in effect on June 2, 2010, in order to ensure eligibility for emergency unemployment compensation (Sec. 4).
- Establishes emergency designations for sections 2 and 3 of this Act, related to extending unemployment benefits, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (Sec. 5).
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Cantwell's Vote
Y |
(2010) HR 4213 Unemployment Benefits Extension
Outcome: Cloture Invoked (60/40)
Summary:
- Requires states to determine whether an individual is eligible for emergency unemployment compensation or regular compensation if the individual meets the following criteria (Sec. 3):
- Has been eligible for emergency unemployment compensation;
- The benefit year for which the individual was eligible for emergency unemployment compensation has expired;
- Has remaining entitlement to emergency unemployment compensation with respect to that benefit year; and
- Would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25 percent less than the weekly benefit in the aforementioned previous benefit year.
- Prohibits states from reducing the average weekly benefit amount of regular compensation payable during the period of the agreement occurring on or after June 2, 1010 to an amount that is less than the average weekly benefit amount of regular compensation which would otherwise have been payable during such period, as in effect on June 2, 2010, in order to ensure eligibility for emergency unemployment compensation (Sec. 4).
- Establishes emergency designations for sections 2 and 3 of this Act, related to extending unemployment benefits, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010 (Sec. 5).
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Cantwell's Vote
Y |
(2010) HR 4851 Unemployment Benefits Extension
Outcome: Bill Passed (59/38)
Summary:
- Extends unemployment insurance provisions in the following Acts by approximately 2 months (Sec. 2):
- The "Supplemental Appropriations Act, 2008;"
- The "Assistance for Unemployed Workers and Struggling Families Act;" and
- The "Unemployment Compensation Extension Act of 2008."
- Extends the expiration date of the eligibility period for COBRA benefits from March 31, 2010 to May 31, 2010 (Sec. 3).
- Increases the Medicare physician payment update by extending the date through which the update to the single conversion factor shall be 0 percent from March 31, 2010 to May 31, 2010 (Sec. 4).
- Prohibits the Secretary of Health and Human Services from publishing updated poverty guidelines for 2010 before May 31, 2010, and specifies that the 2009 guidelines shall be in effect until updated guidelines are published (Sec. 6).
- Appropriates $80 million to the Business Loans Program Account of the Small Business Administration for fee reductions and eliminations and loan guarantees (Sec. 10).
- Designates this Act (with the exception of Section 4) an emergency with regard to the Statutory Pay-As-You-Go Act of 2010 (Sec. 12).
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Cantwell's Vote
Y |
(2010) HR 2847 Employment, Infrastructure, and Transportation Appropriations and Tax Credits ("Senate Jobs Bill")
Outcome: Concurrence Vote Passed (68/29)
Summary:
- Specifies that most employers will not be required to pay an excise tax for the second, third, and fourth calendar quarters of 2010 on wages for employees who began employment between February 3, 2010 and December 31, 2010, with the following conditions (Sec. 101):
- The employer must provide a signed affidavit that employees have not worked more than 40 hours a week in the 60 days prior to employment;
- The employee was not hired to replace a worker that was fired; and
- The employee is not a corporation, nor owns either directly or indirectly more than 50 percent of the company's capital.
- Specifies that, on payroll taxes paid during the first quarter, amounts that could have otherwise been credited shall be treated as payments against first quarter payroll taxes (Sec. 101).
- Specifies that Railroad Retirement taxes shall apply to any employee who began employment between February 3, 2010 and December 31, 2010 at a rate of 1.45 percent of wages paid by the employer (Sec. 101).
- Increases the current year business tax credit for employers that have retained workers for at least 52 consecutive weeks by the lesser of the following (Sec. 102):
- $1,000; or
- 6.2 times the amount of wages paid by the employer to workers.
- Specifies that issuers of qualified zone academy bonds and qualified school construction zone bonds may elect to apply for a tax credit, and a credit shall be the lesser of (Sec. 301):
- The amount of interest payable under the bond; or
- The amount of interest that would have been payable under the bond if such interest is subject to an applicable credit rate under Section 54A of the Internal Revenue Code.
- Specifies that issuers of clean energy bonds and qualified energy conservation bonds may elect to apply for a tax credit, and that the credit shall be 70 percent of the amount of interest payable under the bond (Sec. 301).
- Requires 10 percent of funds made available for projects funded under Titles I, III and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU) and any conforming provisions in this act shall go to businesses owned and controlled by "socially and economically disadvantaged individuals" (Sec. 451).
- Requires states to compile a list of businesses owned and controlled by "socially and economically disadvantaged individuals" (Sec. 451).
- Specifies that a "socially and economically disadvantaged" individual includes, but is not limited to, Native Americans, Native Hawaiians, and women (Sec. 451).
- Specifies corporate estimated tax for corporations with $1 billion or more in assets shall be calculated as follows (Sec. 561):
- Any required installment that is otherwise due in July, August, or September of 2009 shall be 123.25 percent of such amount;
- Any required installment that is otherwise due in July, August, or September of 2015 shall be 121.5 percent of such amount;
- Any required installment that is otherwise due in July, August, or September of 2019 shall be 106.5 percent of such amount; and
- Any future installments shall be reduced appropriately.
- Specifies that PAYGO compliance for this act is required (Sec. 562).
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Cantwell's Vote
Y |
(2010) HR 2847 Employment, Infrastructure, and Transportation Appropriations and Tax Credits ("Senate Jobs Bill")
Outcome: Concurrence Vote Passed (70/28)
Summary:
- Specifies that most employers will not be required to pay an excise tax on wages for employees who began employment between February 3, 2010 and December 31, 2010, with the following conditions (Sec. 101):
- The employer must provide a signed affidavit that employees have not worked more than 40 hours a week in the 60 days prior to employment;
- The employee was not hired to replace a worker that was fired; and
- The employee is not a corporation, nor owns either directly or indirectly more than 50 percent of the company's capital.
- Increases the current year business tax credit for employers that have retained workers for at least 52 consecutive weeks in the amount of $1,000 times the amount of workers retained in the taxable year, only if during the last 26 weeks of the taxable year retained employees were paid at least 80 percent of what they were paid in the first 26 weeks of the taxable year (Sec. 102).
- Increases the expensing allowance for depreciable business assets for taxable years beginning after 2007 and before 2011 from $125,000 to $250,000 (Sec. 201).
- Specifies that issuers of clean energy bonds, qualified energy conservation bonds, qualified zone academy bonds, and qualified school construction zone bonds may elect to apply for a tax credit, and may be credited as follows (Sec. 301):
- If a small bond issuer, 65 percent of the amount of payable interest; and
- If any other bond issuer, 45 percent of the amount of payable interest.
- Establishes obligation ceilings for amounts made available from the Highway Trust Fund as follows (Sec. 437):
- $10.51 billion for fiscal year 2010; and
- $2.63 billion for the period between October 1, 2010 and December 31, 2010.
- Requires any individual with more than $50,000 to report any funds held in a depository or custodial account that is maintained by a foreign financial institution (Sec. 511).
- Requires United States shareholders of a passive foreign investment companies to file annual informational returns (Sec. 521). -Specifies that a foreign trust has a United States beneficiary if the following applies (Sec. 531):
- The beneficiary's interest in the trust is contingent on a future event; or
- The beneficiary directly or indirectly transfers property to a foreign trust or uses trust property without paying compensation.
- Appropriates $528.03 million to the Federal-aid highway program for fiscal year 2010 (Sec. 412).
- Appropriates $1.71 billion for the extension of National Highway Traffic Safety Administration Programs (Sec. 421).
- Appropriates $795.28 million for the extension of Federal Motor Carrier Safety Administration Programs (Sec. 422).
- Appropriates $43.22 billion for Public Transportation Programs (Title IV, Subtitle C).
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Cantwell's Vote
Y |
(2010) HR 2847 Employment, Infrastructure, and Transportation Appropriations and Tax Credits ("Senate Jobs Bill")
Outcome: Cloture Invoked (62/30)
Summary:
- Specifies that most employers will not be required to pay an excise tax on wages for employees who began employment between February 3, 2010 and December 31, 2010, with the following conditions (Sec. 101):
- The employer must provide a signed affidavit that employees have not worked more than 40 hours a week in the 60 days prior to employment;
- The employee was not hired to replace a worker that was fired; and
- The employee is not a corporation, nor owns either directly or indirectly more than 50 percent of the company's capital.
- Increases the current year business tax credit for employers that have retained workers for at least 52 consecutive weeks in the amount of $1,000 times the amount of workers retained in the taxable year, only if during the last 26 weeks of the taxable year retained employees were paid at least 80 percent of what they were paid in the first 26 weeks of the taxable year (Sec. 102).
- Increases the expensing allowance for depreciable business assets for taxable years beginning after 2007 and before 2011 from $125,000 to $250,000 (Sec. 201).
- Specifies that issuers of clean energy bonds, qualified energy conservation bonds, qualified zone academy bonds, and qualified school construction zone bonds may elect to apply for a tax credit, and may be credited as follows (Sec. 301):
- If a small bond issuer, 65 percent of the amount of payable interest; and
- If any other bond issuer, 45 percent of the amount of payable interest.
- Establishes obligation ceilings for amounts made available from the Highway Trust Fund as follows (Sec. 437):
- $10.51 billion for fiscal year 2010; and
- $2.63 billion for the period between October 1, 2010 and December 31, 2010.
- Requires any individual with more than $50,000 to report any funds held in a depository or custodial account that is maintained by a foreign financial institution (Sec. 511).
- Requires United States shareholders of a passive foreign investment companies to file annual informational returns (Sec. 521). -Specifies that a foreign trust has a United States beneficiary if the following applies (Sec. 531):
- The beneficiary's interest in the trust is contingent on a future event; or
- The beneficiary directly or indirectly transfers property to a foreign trust or uses trust property without paying compensation.
- Appropriates $528.03 million to the Federal-aid highway program for fiscal year 2010 (Sec. 412).
- Appropriates $1.71 billion for the extension of National Highway Traffic Safety Administration Programs (Sec. 421).
- Appropriates $795.28 million for the extension of Federal Motor Carrier Safety Administration Programs (Sec. 422).
- Appropriates $43.22 billion for Public Transportation Programs (Title IV, Subtitle C).
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Cantwell's Vote
Y |
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