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By Turner D. Madden, Esq.
Through the IAAM Life Safety
Council, the Industry Affairs Council and the External Affairs Committee, we
continue to work with the U.S. Congress, federal agencies and departments to
project the image that IAAM is the acknowledged leader in the industry. We
worked on or are currently working on the following issues.
Senate Bill (S.467) Terrorism Risk Insurance
Extension Act of 2005
In November 2005, Congress passed The Terrorism Risk Insurance Extension Act
of 2005, and the President signed the bill into law. The law extends the
applicability of the Terrorism Risk Insurance Act of 2002 until 2007 and
provides government funds to help cover extreme losses from terrorism.
Status of New ADA Accessibility Guidelines (ADAAG)
As you probably know, the U.S. Architectural Transportation Barriers
Compliance Board’s (“Access Board”) new rules substantially lower the
scoping for wheelchair seating in public assembly facilities. However, prior
to the new regulations having the force and effect of law, the Department of
Justice (DOJ) must formally adopt the Access Board’s guidelines by following
the administrative rulemaking process.
The DOJ will propose a set of rules and solicit public comments on those
proposed rules. Based on the public comments, the DOJ will issue final rules
that address how the DOJ will enforce the Access Board’s regulations. In
order to seek public comments before publishing the proposed rules, the DOJ
issued an Advanced Notice of Rulemaking (an extra public notice step) in
September 2005.
About the same time, the National Federation of Independent Businesses (NFIB)
filed a lawsuit against the Access Board for not completing the requirements
of the Regulatory Flexibility Act. NFIB claims that the Access Board did not
consider small businesses when it drafted the new regulations. This lawsuit
by NFIB has slowed the entire process of DOJ rulemaking. DOJ is waiting to
see what happens in the lawsuit prior to issuing its proposed rules.
According to the DOJ, Notice of Rulemaking should be issued in February
2007.
Mega-Shelters Planning and Activation Best
Practices
Thanks to the IAAM Shelter Management Task Force, which was
created by president David Ross, IAAM has a comprehensive set of Best
Practices for Sheltering. During the past four months we have been actively
promoting the Sheltering Best Practices with the White House Homeland
Security Council, DHS’s senior leadership, the Federal Emergency Management
Agency (FEMA), the American Red Cross (ARC) and other federal agencies.
The response by all entities has been extremely positive and has once again
reinforced the concept that IAAM is a meaningful and contributing partner
with the federal government. The Sheltering Best Practices has also
reinforced the notion with the White House, ARC and FEMA that IAAM’s
volunteer member managers are experts in their profession. ARC and IAAM have
also recognized other opportunities, including educational opportunities, to
develop a long-term relationship.
"The response by all entities has been extremely positive and has once
again reinforced the concept that IAAM is a meaningful and contributing
partner with the federal government."
Department of Homeland Security Commercial Sector Coordinating Council
Over the past year, IAAM has been instrumental in helping DHS
create a formal process to communicate with many of the commercial industry
sectors in the country. We assisted DHS in setting up the Commercial
Facilities Sector Coordinating Council (CFSCC). The CFSCC has had several
meetings and consists of eight subsector councils. The eight subsector
councils are:
• Public Assembly Facility SSC
• Sports League SSC (NFL, MLB, NCAA, etc.)
• Outdoor Events SSC (fairs and Disney)
• Hospitality SSC (hotels)
• Real Estate SSC (office buildings)
• Retail Center SSC (shopping centers)
• Gaming SSC
• Motion Picture SSC
All of the members of the IAAM Life Safety Council are members of the Public
Assembly Facility SSC. This year the CFSCC has met with Kirstjen Nielsen,
special assistant to the President for homeland security, DHS undersecretary
Bob Stephan, director of DHS Infrastructure Protection, Bill Flynn and many
other DHS officials. By participating in the CFSCC, IAAM members have had an
opportunity to attend five FEMA regional hurricane exercises and a recent T4
terrorism exercise.
Department of Homeland Security (DHS) Vulnerability
Identification Self-Assessment Online Tool
As you may know, the primary focus of the DHS Online
Vulnerability Identification Self-Assessment Tool (ViSAT) is to prevent,
deter and mitigate the effects of terrorism. The ViSAT establishes an
extensive security baseline that assists public assembly facility managers
in creating a comprehensive security plan.
Because DHS incorporated IAAM’s “Best Practices for Safety and Security”
with many of its own protective security measures into the ViSAT, the
quality and quantity of the ViSAT is enhanced and specifically tailored for
stadiums, arenas, convention centers and performing arts facilities. IAAM
and DHS plan to improve the ViSAT by adding a new section on Mega-Sheltering
of evacuees. Through the $750,000 DHS grant awarded to IAAM, it has been
promoting the ViSAT not just to IAAM members but many others, including
NASCAR facilities.
Internal Revenue Code §1441
Recently, the Internal Revenue Service (IRS) sent out 253 notice
letters to arenas and stadiums with more than 8,000 seats informing them of
their “responsibility and potential liability” as a tax withholding agent
for payments to foreign entertainers performing in their venues. The letters
state that “Payments to foreign entertainer(s) who participate in events
held in the United States are payments subject to Internal Revenue Code
(IRC) §1441 (Withholding of Tax on Nonresident Aliens) and the corresponding
Income Tax Regulations.”
The ultimate purpose of the letters is, of course, to make sure the U.S.
government receives the collection of the tax. The IRS places the legal
burden of collecting the tax on a U.S. company or person that deals with the
foreign entertainers or foreign athletes.
Until we have further discussions with the IRS and come up with clear,
concise guidance on the withholding obligations, facility managers should
seek written assurances from the promoter or the agent that the taxes are
being withheld on foreign entertainers.
APEX Contracts Panel
On behalf of IAAM, we participated in several APEX Contracts
meetings to discuss hotel and convention center contracts. We’re currently
submitting information to the Panel so that event planners and others better
understand convention center contract terms and how the contracts are
structured in the industry.
Ohio Trespass Bill
In April of this year, the Ohio State Legislature passed the Ohio
State Criminal Trespass Bill HB 96 and the Governor signed it May 2, 2006.
The law makes it a crime to enter the field of play, the stage, dressing
rooms, dugouts, player and performer areas, “green room” areas and other
back of house areas without permission.
Several states, including the State of New York, have passed similar laws.
IAAM and member managers participated in the legislative hearings and
lobbied state legislators to pass the Ohio law.
Turner Madden
serves as the outside general counsel for IAAM. If you have any questions or
comments, you may contact him at Madden & Patton, LLC, 1700 Pennsylvania
Ave., NW, Suite 400, Washington, D.C., 20006; call (202) 349-2050; or e-mail
tdmadden@ver izon.net. |
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