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Senate won't extend Net-tax moratorium American Express earnings fall 60% for Third Quarter TCF Declares Regular Quarterly Cash Dividend Expanding Investment Banking Services to Equipment Leasing and Finance Industry/ Alta Group/CS Fairview SecureLease adds Financial Statement Analysis Tool Leasing News Defines “Anonymous” “ Name Withheld” Frequently Asked Questions Explained Forbes Names Financial Federal One of Forbes' "200 Best Small Companies As Requested by ELA, Treasury Dept./IRS to Provide 4th Quarter Release National Conference of State Legislature Task Force Report Heller Financial / Multinational Leasing Program for Datacard Corporation #denotes press release Good News!!! Senate won't extend Net-tax moratorium Late breaking news on Friday, the US Senate refused to extend the moratorium on an Internet-tax ban set to expire yesterday. Although the House last Tuesday approved a measure that would extend the moratorium on the 3-year-old ban, Sen. Byron Dorgan, D-N.D., tried unsuccessfully Thursday to get the Senate to approve the moratorium for two more years. It looks like it was let to expire. Have not seen much news on this subject, which will be of great benefit to the equipment leasing industry. In the past, customers could go direct and not pay any sales tax, depending on the Nexus issue, whereas if they leased, they were subject to a use/sales tax in many states, depending on where the equipment was located. If readers can confirm this, please let us know, as it sure would be nice to report some good news, instead of all the bad we have been receiving. __________________________________________________________________ American Express earnings fall 60% for Third Quarter ( No mentions of losses, or potential losses ,due to the acquisition of Sierra Cities lease portfolio or pending changes at American Express Business Finance in the selected statistical information. Perhaps we overlooked it, but readers can research this themselves at: http://home3.americanexpress.com/corp/corpinfo/pdfs/3Q01fin.pdf http://home3.americanexpress.com/corp/corpinfo/pdfs/3q01note.pdf We welcome your help in understanding the financial statement. editor ) as noted in their press release: * Included in 2001 net income are two
significant third quarter items: a restructuring charge of $352 million
pre-tax ($232 million after-tax) and one-time costs (including waived
fees) of $98 million pre-tax ($65 million after-tax) resulting from
the September 11, 2001 terrorist attacks. ** Net revenues are presented on a managed
basis. #### ####################### ################################## NEW YORK, -- American Express Company
today reported third quarter net income of $298 million, down
60 percent from $737 million in the same period a year ago. Diluted
earnings per share were $.22, down 59 percent from a year ago. Net
revenues on a managed basis totaled $5.5 billion, down one percent
from $5.6 billion a year ago. The company’s return on equity was 14.2
percent. Results for the third quarter were negatively
affected by two significant items: a previously announced restructuring
charge of $352 million pre-tax ($232 million after-tax) and the impacts
from the September 11 terrorist attacks. The September 11 events resulted in certain
one-time costs and business interruption losses, including: provisions
related to credit exposures to travel industry service establishments,
insurance claims, and waived finance charges and late fees. The combination
of these items totaled approximately $98 million pre-tax ($65 million
after-tax). The company also incurred costs of approximately
$42 million since September 11, which are expected to be covered by
insurance. Consequently, these costs did not impact the quarterly
results. These include the cost of duplicate facilities and equipment
associated with the relocation of the company’s offices in lower Manhattan
and certain other business recovery expenses. Costs associated with
the damage to the company’s offices, extra operating expenses and
business interruption losses are still being evaluated. The company
expects that a substantial portion of such costs and losses will be
covered by insurance. The third quarter restructuring charge
includes severance costs for the elimination of approximately 6,100
jobs and asset impairment and other costs, all relating to the consolidation
and reorganization of certain business units, the scale back of corporate
lending in certain regions, the migration of certain processes to
lower cost locations, the outsourcing of certain activities, and the
transition of certain processing and service functions to the Internet.
These initiatives are expected to produce expense savings of approximately
$325 million in 2002. A portion of these savings is expected to flow
through to earnings in the form of improved operating expense margins
and the rest is expected to be reinvested back into high-growth areas
of the business. In addition to the activities related
to the restructuring charge, the company made strong progress on its
global reengineering efforts initiated in the first half of the year
and, as of September 30, had realized savings in excess of $700 million. Net income for the third quarter, adjusted
for the restructuring and one-time costs related to September 11,
was approximately $595 million, down 19 percent. On a similar basis,
earnings per share were $.45, down 17 percent. The company’s adjusted
return on equity was 16.7 percent. "While we were on target
to meet prior consensus for third quarter earnings, the terrorist
attacks obviously had a significant impact on the overall economy
and we saw clear evidence of that as consumer spending, business travel
and investment activity slowed after September 11," said Kenneth
I. Chenault, chairman and chief executive officer, American Express
Company. "In light of the weak economy and financial markets,
we are moving aggressively to lower our operating expenses. The progress
we are making on our reengineering initiatives has freed up substantial
resources for investment in our businesses with the strongest growth
potential. This, along with the anticipated benefit of lower interest
rates and the strategies in place to grow our franchise, positions
us well to benefit when we see even a modest improvement in the economy." Travel Related Services (TRS) reported quarterly net income
of $248 million, down 51 percent from $507 million in the third quarter
a year ago. Included in third quarter results are $195 million pre-tax
($127 million after-tax) of the restructuring charge noted earlier.
Also included in the results are $87 million pre-tax ($57 million
after-tax) of one-time costs and waived fees directly related to the
September 11 terrorist attacks. Excluding these costs and the restructuring
charge, TRS’ net income would have been $432 million, down 15 percent
from the third quarter last year. TRS’ net revenues rose two percent, as
growth in loans and fee revenues were partly offset by a three percent
decline in billed business and a 28 percent fall in travel sales.
These declines reflect a substantial decrease in corporate travel
and entertainment spending and consumer travel since September 11.
Prior to September, billed business growth for the quarter was about
two percent as higher consumer and small business spending offset
a decline in corporate travel and entertainment spending. Net finance
charge revenues were higher, due to balance growth and wider net interest
yields. This increase reflects a smaller percentage of loan balances
on introductory rates and the benefit of declining interest rates
during the quarter. The provision for losses on the lending
portfolios grew as a result of higher volumes and an increase in U.S.
lending write-off rates and delinquencies. Marketing and promotion
expenses were lower as TRS scaled back certain marketing efforts in
light of the weaker business environment. Operating expenses rose,
reflecting increased Card member loyalty programs and business volumes.
These expenses were partly offset by the benefits of reengineering
and cost-control efforts. The above discussion presents TRS results
"on a managed basis" as if there had been no securitization
transactions, which conforms to industry practice. The attached financials
present TRS results on both a managed and reported basis. Net income
is the same in both formats. On a reported basis, TRS’ results included
securitization gains of $29 million pre-tax ($19 million after-tax)
and $26 million pre-tax ($17 million after-tax) in the third quarters
of 2001 and 2000, respectively. These gains were offset by expenses
related to card acquisition activities and therefore had no material
impact on net income or total expenses. American Express Financial Advisors (AEFA) reported quarterly net income
of $145 million, down 46 percent from $269 million in the third quarter
a year ago. Net revenues decreased 14 percent. Included in third quarter
results are $62 million pre-tax ($41 million after-tax) of the restructuring
charge noted earlier and $11 million pre-tax ($8 million after-tax)
of insurance claims directly related to September 11. Excluding these
items, AEFA’s net income would have been $194 million, down 28 percent
from last year. AEFA results reflect continued weakness
in equity markets and narrower spreads on the investment portfolio.
The weakened equity markets led to significantly lower asset levels
and lower sales of investment products. As a result, management and
distribution fees fell 15 percent. Operating expenses, excluding the above-mentioned
charges, decreased four percent from a year ago due primarily to lower
sales commissions and continued reengineering and cost-control initiatives. As of September 30th, approximately 4
percent of the company’s $33 billion investment portfolio consisted
of high-yield securities, down from 12 percent a year ago and 8 percent
last quarter. The reduction reflects the activities to date to lower
the risk profile of the portfolio and concentrate on stronger credits. American Express Bank (AEB) reported a quarterly net loss of
$43 million, compared with $7 million of net income a year ago. Included
in third quarter results are $84 million pre-tax ($57 million after-tax)
of the restructuring charge noted earlier. Excluding these charges,
AEB’s net income would have been $15 million, approximately double
the earnings recorded in the same period last year. While AEB sustained damage to its premises
due to the September 11 terrorist attacks, the costs are expected
to be covered by insurance. Consequently, these costs did not impact
AEB’s quarterly results. AEB’s business results reflect strong
performance in Personal Financial Services and Private Banking. Results
also benefited from lower funding costs and lower operating expenses
as a result of AEB’s reengineering efforts. These were offset in part
by higher provisions for losses due to higher Personal Financial Services
loan balances, and lower revenue from Corporate Banking as the company
continues to shift its focus to Personal Financial Services and Private
Banking. Corporate and Other reported net expenses of $52 million,
compared with $46 million a year ago. Included in third quarter 2001
results are $11 million pre-tax ($7 million after-tax) of the restructuring
charge noted earlier. American Express Company, founded in
1850, is a global travel, financial and network services provider. #### ##################### The full press release is available at: http://home3.americanexpress.com/corp/corpinfo/3q01.asp http://home3.americanexpress.com/corp/corpinfo/pdfs/3Q01fin.pdf http://home3.americanexpress.com/corp/corpinfo/pdfs/3q01note.pdf ( Perhaps I should also put a disclaimer that I personally have had a Platinum American Leasing Express account since 1982, and have been a very satisfied user for many years. I like the service and use the card extensively, including travel and hotel reservations. As a trustee to a family trust, we also hold American Express stock, as we believe this company is a solid investment. editor ). __________________________________________________________________ ####### ######################## TCF Declares Regular Quarterly Cash Dividend of 25 Cents Per Common Share
WAYZATA, Minn., The Board of Directors of TCF Financial Corporation (NYSE: TCB) (TCF) has declared its regular quarterly cash dividend of 25 cents per common share, payable November 30 to shareholders of record at the close of business on November 2. At September 30, 2001, there were 76.9 million common shares outstanding listed on the New York Stock Exchange under the symbol TCB. TCF is a Minnesota-based national financial holding company with $11.7 billion in assets. TCF has 369 banking offices in Minnesota, Illinois, Michigan, Wisconsin, Colorado and Indiana. Other TCF affiliates provide leasing, mortgage banking, and investments and insurance sales. #### ######################## ################################ Alta Group/CS Fairview Announce Strategic Alliance To Expand Investment Banking Services to Equipment Leasing and Finance Industry Lake Tahoe, Nev. and Madison, N.J)The Alta Group and CS Fairview Associates today announced they have entered into a strategic alliance to create a source of M&A and investment banking services exclusively for middle market and other participants in the $450-million global equipment leasing and finance industry. By combining their resources, both companies aim to increase the quality and level of investment banking services available to clients in this specialized market. Each of the partners brings to the alliance a cadre of senior advisors with real-world expertise. The Alta Group's 12 principals include former CEOs, company founders and industry organization leaders who collectively have more than 200 years of experience. The CS Fairview Associates team, which has completed a diverse set of M&A and business development transactions in the United States and around the world, also has in-depth experience in building and growing successful finance companies. John C. Deane, managing principal of The Alta Group, said his organization was attracted to the CS Fairview advisors because of their track record in arranging successful mergers and acquisitions within the leasing industry. CS Fairview Associates is led by Tom Wajnert, Steve Sherman and Elliott Singer. Wajnert, a recognized leader in the equipment leasing and financial services industry, is the former CEO of AT&T Capital. Before starting CS Fairview in 1998, Sherman managed domestic and international business development for AT&T Capital over an eight-year period. Singer founded A+ Network in 1982, a paging company which he eventually took public and later sold to Metrocall. Wajnert, who is also a principal in The Alta Group, says CS Fairview has the right combination of technical investment banking skills along with experience in growing, selling or buying companies. "I've seen too many organizations suffer when their sole advice was from financial engineers focused on the moment, as opposed to an organization's long-term success," he says. "We respect The Alta Group's brand recognition and their extensive network of relationships in the United States and abroad. We all grew up in the equipment leasing industry and helped shape what it is today." Adds Sherman, "CS Fairview is composed of seasoned business executives who have bought and sold companies, taken companies public and navigated corporate and industry evolutions and demonstrated success." The alliance between CS Fairview and The Alta Group is part of a joint growth strategy to expand their respective capabilities through partnerships with companies that have complementary skill sets in the equipment leasing and finance industry. -30- About The Alta Group The Alta Group (www.thealtagroup.com) is a leading source of corporate consulting and advisory services, education and training to the global equipment leasing and finance industry. It is composed of 12 principals former CEOs, company founders and industry organization leaders who have more than 200 years of combined experience. Based at Lake Tahoe, Nev., it was founded in 1992 by John Deane, John Giddens, Bill Montgomery and Norm Chapman. About CS Fairview CS Fairview Associates, (www.fair-view.com) with offices in Madison, N.J., and Naples, Fla., is an investment banking boutique specialized in serving the M&A and financing needs of middle-market financial services, healthcare and information technology clients. Founded in 1998 and led by Tom Wajnert, Steve Sherman and Elliott Singer, the firm is known for its in-depth understanding of the industries it serves combined with the execution skills to achieve their clients' goals. ##### ######################## ####################### SecureLease adds Financial Statement Analysis Tool SecureLease, a leading provider of e-commerce front-end solutions to Leasing and Financing Companies, has announced the addition of a Financial Statement Analytical Tool for reviewing trend and ratio analyses on applicants for multiple financial reporting periods. SecureLease will also provide custom portfolio analysis reporting to equipment lessors and lenders using this tool as method of evaluating internal credit underwriting policies. According to Steve Lundergan, the Company's President, "We recognized a significant void in the world of front-end solutions for those lessors and lenders dealing in larger transactions and responded accordingly. Our newest enhancement, Visionalysis now gives our clients the ability to spread as many financial reporting periods as their underwriting guidelines require, set ratio and trend guidelines for each SIC and receive qualifying data back instantaneously via the Internet." Visionalysis will be previewed at the UAEL Annual Conference in San Antonio, October 25th through the 28th. #### ##################### ##################### ################# RESPONDING TO ELA REQUEST, TREASURY/IRS STATE INTENTION TO PROVIDE RELIEF FROM FOURTH QUARTER CONVENTION
In direct response to ELA's advocacy efforts over the past several weeks, the IRS has issued Notice 2001-70. In the Notice, Treasury/IRS states its intention to issue regulations permitting taxpayers to elect not to apply the mid-quarter convention rules contained in subsection 168(d)(3) of the Internal Revenue Code to certain property placed in service in the taxable year that includes September 11, 2001. In acknowledgement of the position advocated by ELA, Assistant Secretary for Tax Policy, Mark Weinberger said, "we want to remove any barriers to investment in depreciable property caused by disruptions resulting from September 11. Repeating ELA's position, Weinberger went on to say that "providing taxpayers with relief from the mid-quarter convention will eliminate any disincentive to invest....by allowing taxpayers the full amount of depreciation they would have received had they been able to complete more acquisitions prior to their fourth quarter". The Notice states that taxpayers may elect not to apply the mid-quarter convention for property placed in service during the 2001 taxable year if their third quarter includes September 11, 2001. Instead, such taxpayers may apply the half-year convention pursuant to the Notice. The Notice, which is scheduled to appear in Internal Revenue Bulletin 2001-45, dated November 5, 2001, also provides taxpayers with a mechanism for making the election before the regulations are issued. To make the election under Notice 2001-70, a taxpayer must write "Election Pursuant to Notice 2001-70" across the top of its Form 4562, Depreciation and Amortization. The Notice also states that until the regulations are amended, taxpayers may rely on the guidance set forth in the Notice. ELA President, Mike Fleming, said that "this is a perfect example of what can happen when an association mounts a pro-active lobbying campaign in Washington". According to ELA's Vice President of Federal Government Relations, Steve Fier, while ELA is extremely pleased that the Treasury/IRS has taken this action, the association intends to continue its lobbying efforts with the Senate Finance Committee to seek a statutory resolution of the issue. Fleming reiterated how important it was for ELA to have the responses of member companies to the survey sent out on this issue earlier this week, as he and Fier were able to effectively utilize the survey results to demonstrate the problem. [The principal author of the Notice is Bernard P. Harvey of the Office of Associate Chief Counsel, Pass-through and Special Industries. If ELA members have any questions, they can call Mr. Harvey at 202-622-3110]
CONTACT: Steve Fier ELA Phone Number: 703-527-8655 E-mail: sfier@elamail.com ( courtesy ELAonline.com ) #### ######################## ################################# “Anonymous” “ Name Withheld” Ginny Young, Brava Capital, also an Advisory Director of Leasing News, asked us to let readers know our policy regarding “anonymous” and “name withheld.” “Anonymous” means we don’t know the name of the sender. “Name With Held”: we do know the name of the sender. We may know them personally or have researched their “message” and found other reliable sources to confirm the “e-mail.” Annoymous The great majority come through our website. Either “bulletin board” posting or “contact us” on www.leasingnews.org. A user can send a message without filling in any of the other information we request, such as same, e-mail, telephone number, address. There is no way we mechanically can trace or know who the sender is if they do not sign their name. We do get telephone calls or voice messages where the caller does not want to identify themselves. Rarely are any of these printed in Leasing News, especially if accusations are made. However, often they are leads to call so-and-so to learn if they are no longer accepting broker business, closing down, replacing their president, merging with another company, about to file bankruptcy, and give us a “news” tip that pans out. They are leads and very helpful There may be times when confirmation is made, and several people comment or confirm news. Leasing News may then print the “anonymous” communication, as it adds information to the article. We do not consider them a “reliable source” and as stated earlier, we rarely print what they send as most of the communications are either questions or news tips for us to follow-up. Leasing News definitely encourages “leads” and accepts anonymity. “ Name With Held” Leasing News knows who all the senders are. Most are by e-mail, although some may send a “contact us” and sign their name. We also get faxes and telephone calls. Many will ask to with hold their name. If it is an accusation, we will not print it, unless it may fit a series and confirms what other e-mail messages are saying. A reader cannot post on the Leasing News bulletin board direct. We have no automatic message board. All messages are viewed by the editor. All requests to post on the Bulletin Board are reviewed and investigated. Almost all these requests are settled by both parties, many are viewed as not legitimate complaints, and some are classified as “civil disputes,” meaning it is for a court of law to determine. If both parties are members of the same leasing association, we recommend the matter be brought to the leasing associations ethics and standards committee. Unfortunately, that is not very common. There are also several instances where the standards committee has already taken action, expelling a member. This news is conveyed by Leasing News on our bulletin board when we are informed by the leasing association. We are seeing more “user” complaints, meaning lessee complaints, plus law enforcement officials find out site and often ask for information or where to look for information. In using “Name With Held “ is articles, there are readers who would not allow us to print anything unless it was signed. Many stories would not get written as sources often don’t want others to know they have provided information to us. In Journalism, the rule is to confirm by two separate reliable sources before printing. When doing so, it is common to use words such as “ reportedly” or “ allegedly”. Leasing News requires three reliable sources before going ahead, and often will run information by its Advisory Board for their opinion and direction, should there by questionable or articles with controversial impact. The Advisory Board members also work independently and contact us direct or we contact them directly if we feel it would be in their providence to help give us advice on a matter or story. There are many “name with held” e-mails from people the editor or advisory board has known personally . Many on the board have been in the industry for thirty years, or longer. Kit Menkin started in 1971. He knows their reputation, their “believability”. Often as editor, he may choose not to print their name “My goal is not only accuracy and fairness. but to build up a long relationship with readers so they will trust me when relaying information., “ he explains. “ Often, it may be better for their position, not to be part of the story or let others know where the information came from. These are not jokes, but sometimes very serious. Sometimes they are angry at being let go or having something happen that is not “fair,” and don’t seem to care about the consequences. So as I editor, I choose not to name them. “There are times I am requesting not to use their name, where it would be much better for the article to name the person and their position. It would not only give more credence to the story, but encourage others to ‘speak out.’ I respect their requests and will not them.” Journalistic Terms: “Reliable Sources, “ “highly reliable sources,” and the like. These are often company spokesman who do not want to be named. Often they are the president of the leasing company, including American Express, or a ranking officer who wants anonymity. Memo’s are leaked directly or indirectly. Sources are people known to give credence to the statement or observance. This is what makes one news reporter better than another. Not the writing ability, but contacts they have to verify and obtain information. In fact, a reporters greatest assets are his sources. The greatest assets of Leasing News are readers. They are our sources, and can submit “anonymous” or “name with held” and we appreciate all leads. Please send to a colleague, as we are trying to build
our readership.
Frequently
Asked Questions We
received many e-mails from funders, who said they could do these deals. I am sorry to let you know they are only examples,
and examples of
questions readers often ask us. We
do not recommend funding sources or where to go to get a specific transaction
done. We are not super brokers or a referral source. We are
an electronic newsletter. In
this frequently asked question section, we recommend the sender
the National Association of Equipment Leasing Brokers of
the Equipment Leasing Association.
They are They are "listserve" questions. We
have written about the "listserve" features of NAELB and
ELA and
also have information about the associations at: http://www.leasingnews.org/links_section.htm We
also recommend to funders that they join, so they may respond to these
inquiries. We often refer
them to the association they think is
the one for them. We
are going to bring the F.A.Q. to the main page, add a second tool
bar. Right
now you have to go to the index to find it.
We are going to change that,
plus add our cartoons and “Whatever Happened to...” to our bottom
tool bar. Editor __________________________________________________ ### #################### ########################## Forbes Names Financial Federal One of Forbes' "200 Best Small Companies NEW YORK--Financial Federal Corporation ("FIF" - NYSE), announced today that it has once again been selected by Forbes Magazine as one of the "200 Best Small Companies in America". The listing, which appears in Forbes' October 29, 2001 issue, ranks companies based on five-year average return on equity, sales growth and earnings per share growth. Financial Federal was ranked #117 overall, #109 for five-year average Return on Equity, and #80 for five-year average Sales Growth. Forbes.com reports: "There is no doubt that Forbes' 200 Best Small Companies in America are the premier publicly traded up and coming outfits. First, all of these companies have stellar track records - over both the long and short term - in growth and profitability. Second, their annual reports and 10-Qs have been examined thoroughly by our statisticians for any balance sheet problems, legal problems or other potential pitfalls that might derail these proven winners. There are no guarantees that all of these companies will eventually blossom into blue chips. But they have passed extremely difficult hurdles to be named one of America's Best Small Companies. To wit: this year less than 1% of those companies eligible for this list made it." This document contains forward-looking statements, involving management assumptions, risks and uncertainties. Readers are referred to the documents filed by the Company with the SEC, specifically the most recent reports on Forms 10-K and 10-Q, which identify important risk factors that could cause actual results to differ from those contained in the forward-looking statements. Financial Federal Corporation specializes in financing industrial, commercial and professional equipment through installment sales and leasing programs for manufacturers, dealers and end users nationwide. In addition to its New York office, the Company has six full-service operations centers in Texas, Illinois, New Jersey, North Carolina, Georgia and California, and numerous additional marketing locations throughout the country. For additional information, please visit the Company's website at www.financialfederal.com. --30--jgm/ny* CONTACT: Financial Federal Corporation Jeanne McDonald, Senior Vice President 212/599-8000 #### ################################### ################### National Conference of State Legislature Task Force Report On Thursday, October 18, the National Conference of State Legislatures (NCSL) Task Force on State & Local Taxation of Telecommunications and Electronic Commerce began meetings in conjunction with the NCSL Executive Committee to review sales tax simplification. Issues gaining attention included the upcoming meeting of Governing States and a new study showing the prospect of tax conformity gaining new revenue from Business-to-Business E-Commerce. Some had envisioned a year-end sequence of meetings by organizations involved with sales tax simplification concluding with Governing States issuing model legislation. That scenario would have had the NCSL Task Force meeting followed by the Streamlined Sales Tax Project (SSTP or Project) completing a revised Streamlined Sales and Use Tax Agreement (Agreement). Project leaders would pass the revised Agreement to the new Governing States for issuance as model legislation for 2002 legislative sessions. That forecast dissolved when Governing States was scheduled to convene one week before the Project. Discussions with NCSL Task Force members indicate Governing States probably will not merge the independent two-prong tracks of the legislative and executive branches into a united effort until mid-2002. Governing States - Project Coordination NCSL Task Force members assume organizational issues will dominate the first meeting of Governing States scheduled in Salt Lake City, November 28-29. These procedural decisions will play heavily in determining the process established to review provisions of the Agreement such as the definition of leasing. NCSL Task Force members foresee the second Governing States meeting perhaps in mid-2002 as the starting point for shaping model legislation. The likelihood of Governing States committee's first analyzing definitions and rules is unresolved. Also, Governing States is seen as taking the lead in discussions with local governments as state governments seek consensus relating to aspects of sales tax conformity strongly opposed by cities and counties. The onset of 2002 state legislative sessions makes the second meeting of Governing States unlikely until mid-year. State legislators will find it tough to get away while in session. During this interim the 20 states currently qualified to appoint delegates is expected to grow. Additionally, NCSL members concede more states will likely adopt the Streamlined system during the same time frame. SSTP has scheduled meetings for October 22-23 in Louisville and December 3-4 in Denver to finalize revisions to the Agreement before it is given to state governments. If the first opportunity for Governing States delegates to review these revisions is 6 months later it is difficult to imagine most states taking up model legislation approved by Governing States before the 2003 legislative sessions. Those with a 2002 post summer session might be an exception. Some Task Force members felt their legislatures may not wait. These states will seriously consider the revised Agreement released by the Project at the end of this year. This continuation of a split process poses challenges to equipment lessors and other industry groups concerned with definitions contained in the Agreement. It is important to be fully engaged with the Streamlined Sales Tax Project to ensure definitions complement marketplace realities. Simultaneously, delegates assigned to mold the Agreement into model legislation cannot be ignored. The convening of their separate organizations in different locations on uncoordinated schedules with independent agendas makes it hard to get your arms around the process. Governing States Planning Process Almost every aspect of planning for the first Governing States meeting remains tenuous as NCSL and the National Governors' Association (NGA) finalize arrangements. An official announcement has not been released because even the hotel has not been secured. The conference is expected to open with a background and purpose of sales tax simplification followed by election of leadership and procedural rules. Specific agenda items are under negotiation. This helps explain why my review of the planning process will be slim on specifics and heavy on questions yet to be resolved. NCSL and NGA leadership will initially share the role of convening the first Governing States session. New York State Senator Stephen Saland (R-Poughkeepsie), NCSL President and Michigan Governor John Engler, NGA Chairman, will preside only until delegates elect leader(s). It would not be surprising if Governor Engler assigned his role to an appropriate stand-in. The process for selection of officers, establishing work groups, budget, staff and similar organizational features remain a mystery. Perhaps one of the larger questions is deciding if a simple majority or super majority will be needed to resolve issues arising as delegates shape model legislation for a simplified sales and use tax system. The pro-active role of Governing States in amending the Agreement that is foreseen by some industries remains a vague prospect. It is not certain that delegates will act to rectify a faulty lease definition or other provisions drafted by SSTP. Governing States delegates will define their relationship with NCSL, NGA, Multistate Tax Commission, Federation of Tax Administrators and the Project. They might treat Project officials with deference given technical experts or consider these revenue department officials as unresponsive to marketplace realities. We'll begin to see the answer next month when the initial impact of lobbying directed toward Governing States delegates is seen in the procedural rules adopted and leaders elected. Resolution of procedural issues prior to the Salt Lake City meeting will be difficult in part due to different visions of the co-conveners, NCSL and NGA. They share a goal of uniformity but NGA is more receptive to congressional involvement. NGA is described as believing multistate uniformity raises congressional interstate commerce issues. NCSL counters that each state has a separate tax system and conformity is a synchronization of autonomous systems. NCSL opposes federal mandate of blended sales tax rates because it results in a higher rate for some states while NGA would accommodate congressional action on the issue. NCSL supports the two-year extension of the federal moratorium passed by the House of Representatives but NGA favored a shorter eight-month proposal. Some NCSL members believe governors prefer dealing with a handful of congressmen rather than thousands of state legislators. NGA assuredly would voice another reason for the divergent views on federal involvement. Business-to-Business E-Commerce The NCSL Task Force consulted by teleconference at length with Professor William F. Fox at the Center for Business and Economic Research, University of Tennessee. Dr. Fox explained results gained from his study, State and Local Sales Tax Revenue Losses from E-Commerce, that can be found on the web at www.cber.bus.utk.edu <http://www.cber.bus.utk.edu> by clicking on E-Commerce. Attention given collection of sales tax from Internet sales after implementation of the Streamlined system usually centers on consumer purchases. Professor Fox reported 90% to 95% of Internet transactions occur in Business-to-Business (B2B) commerce. State governments report lack of compliance with use tax as a growing drain on revenues and Professor Fox's study showed B2B accounts for 75% of uncollected use tax. The potential for sales tax conformity to capture revenues lost on B2B e-commerce transactions was highlighted as more important than consumer activity that gains most of the publicity. The need to bolster sales tax collections during economic difficulties gave special meaning to results of the study. Summary The NCSL Task Force might hold an abbreviated session during the NCSL AFI/ASI Conference scheduled in Washington, D.C. from December 5-7. A full meeting is being considered in conjunction with the NCSL Executive Committee meeting in Santa Fe, New Mexico planned for January 31-February 2, 2002. This scheduling of NCSL Task Force meetings after establishment of the new Governing States organization demonstrates the intent of state legislators to remain an active and independent participant in shaping sales tax simplification. Finally, I should note NCSL staff members assigned to coordinate Task Force activities were unable to travel to the meeting. Neal Osten and Graham Williams were visiting offices adjacent to those of U.S. Senate Majority Leader Daschle when the anthrax incident took place. Unable to get test results before the Task Force meeting, they were prescribed antibiotics and instructed to stay in Washington, D.C. They participated in discussions by telephone. Dennis Brown _________________________________________________________-- #### ########################## ########################## Heller Financial Administering Multinational Leasing Program for Datacard Corporation
CHICAGO, -- Heller Financial, Inc. (NYSE: HF), a leading provider of commercial finance products and services, today announced that it has teamed with Datacard Corporation of Minnetonka, Minnesota to administer an equipment leasing program for Datacard customers and distributors in the United States and Canada. Datacard provides financial institutions, corporations, consumer marketers, governments, schools, healthcare providers, service bureaus and other enterprises with the software, personalization systems and professional services needed to build successful card programs. Heller has been named Datacard's "leasing partner" and will market the leasing program through Datacard's direct sales teams and authorized dealers. Plans are to offer the leasing program in the United Kingdom, Western Europe and Asia in the future. "We are very excited about the opportunity to work with Datacard, the world's leading producer of systems used to personalize and issue a range of card products," said James D. McGrane, Group President, Heller Global Vendor Finance. "From a geographic standpoint, both companies are aligned similarly with resources in place to launch the leasing program in North America, Europe and Asia as quickly as possible." A variety of lease products and software solutions will be offered through the leasing program, enabling Datacard customers to acquire critical card based issuance and man |