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Phone: 609.278.9000 • Fax: 609.393.9891

Government Affairs
Lodging News

New Jersey Legislative Update

DCA Adopts Amendments On Carbon Monoxide Detectors

Fox Rothschild Attorney Checks In On New Hotel Tax

Hotel Tax - Frequently Asked Questions

2004 Governmental Affairs Issues Survey

Senate Makes Way for Labor Proposal to Move Forward

Senate Takes Final Step - Omnibus Appropriations Act of 2004 Passes

Shawn McBurney to Serve as Vice President for Governmental Affairs

FLSA Proposal Expected to Move Forward

Budget proposal increases homeland security funds

A different kind of economic recovery

Senators offer their own immigration plan

Senators Seek Sept. 11 Commission Extension

Mortgage Rates On The Rise

Fed Leaves Interest Rate Alone, But Opens Door For Raise

Senate Passes Pension Bill

LE Forecasts Hotel Supply Declines for 2004-05

Learn about dramatic work place changes within the hotel business

AH&LA offers online career center for U.S. lodging industry

Order Hospitality Products Today

Inncidentals

Event Calendar

Save The Date

Business Smart Briefs

Market Trends

Best Practices


Event Calendar
Central Regional Meeting
March 17 @ 8:30 AM
Trenton Marriott at Lafayette Yard

Annual Meeting & Unity Luncheon
April 13
Grand Summit Hotel, Summit

AH&LA Legislative Action Summit
February 24-25, 2004
The Washington Court Hotel Washington, DC

Central Regional Meeting
November 18 @ 12 Noon
Doral Forrestal, Princeton

Business Update

Spending rising more than income
Consumer spending increased 0.4% in December, twice the rate of the personal income increase. Analysts speculate consumers are still aiding the economic recovery, but other figures show savings are down and after-tax income is flat, causing one to say such figures "expose the weak underbelly of this recovery."   The Washington Post

Best Western eyes cities for addition of 160 hotels
Best Western plans to pick up another 160 hotels across the nation during 2004, adding to its approximately 4,110 hotels around the world. About 60% of the new properties are expected to result from converting other hotels to Best Westerns. Some cities slated for more Best Westerns include Denver, Atlanta, Baltimore, Chicago, Cleveland and Cincinnati.   American City Business Journals/Denver

Delaware hotel occupancy rates up in 2003
Occupancy at hotels in the state was up nearly 9% last year compared to 2002, despite a lackluster market on the national level. Factors credited with boosting the hotel stays include a heavier military presence, signs of economic recovery and an increase in travelers vacationing closer to home.   The News Journal (Del.)

Holiday Inn seeks updated image
Holiday Inn is beginning a makeover, featuring contemporary furniture, high-speed Internet and roomy showers, to update its image and also deal with competition. Holiday Inn officials will solicit feedback from guests at the hotel group's prototype location outside Atlanta at Gwinnett Center to help shape future redesigns.   Journal and Constitution (Atlanta)

San Diego voters to decide on hotel tax hike
San Diego voters will decide in March whether to boost hotel room tax from 10.5% to 13% to increase tax revenues to pay for city services such as cleaner beaches and better roads. But some fear there would be undesired restrictions on how to spend the estimated additional $26 million in annual revenue raised by the measure, called Proposition C.   San Diego Union-Tribune

Philadelphia focus on smaller conventions makes up for big-event shortfall
With fewer big conventions booked in Philadelphia in 2003, a strategic focus on smaller conventions and meetings paid off with bookings for an additional 100,000 room nights. The city's Convention & Visitor's Bureau says the shifted focus was necessary when the city had just 18 citywide conventions booked for 2003 -- down from 27 in 2002.   American City Business Journals/Philadelphia

Hilton posts fourth-quarter profit increase
Hilton Hotels' focus on lower-paying vacationers during a decline in business travel appears to have paid off with a rise in fourth-quarter profit. The hotel giant posted a net income of $67 million, or 17 cents a share, compared with $40 million, or 11 cents a share during the same period a year earlier.   MSN Money/Reuters

Lodging Execs: Time has come to shake dependence on middlemen travel sites
With most major hotels guaranteeing the lowest room rates on their own Web sites, it's time for a break from their dependence on such cut-rate Internet middlemen as Expedia and Travelocity, said executives at a meeting of the American Lodging Investment Summit in Los Angeles. The sites helped hotels through the post-Sept. 11 downturn, but at the expense of high commissions and control of some rooms.   USA TODAY/Reuters

Pennsylvania mulls background checks
The bill would require all Pennsylvania lodging establishments to do background research on all employees who would have access to room keys. The law, currently being debated before state lawmakers, wouldn't dictate what the individual hotels and motels did with the data when making a hiring decision. Some lodging managers say they already perform the checks, but encouraged lawmakers to consider different strategies to ensure guests' safety.   PennLive/Associated Press

Tourism industry concerned about foreign ID program
The new security program that fingerprints and photographs travelers from some countries -- the US-VISIT program -- is raising concerns in the hospitality industry that it may discourage foreign tourism. But some say they haven't seen negative affects from the program yet.   Journal and Constitution (Atlanta)

Cendant Prepares For China Expansion
Cendant has signed a deal to franchise more than 40 Days Inn hotels in mainland China by 2008, besides the two located there. The company is betting on increased automobile ownership and an expanded Chinese highway system to create a market.   The Wall Street Journal/Dow Jones

Pace Of GDP Growth And Business Spending Slows
U.S. economic growth slowed to a 4% annual rate in the fourth quarter of 2003, down from an 8.2% increase in the third quarter. While economists expected a higher increase, most agreed the figure represented a healthy growth rate. In another sign of economic recovery, business spending increased nearly 7% during the fourth quarter.   USA TODAY

Extended Stay Reports Drop In 4Q Profits
Extended Stay America saw its fourth-quarter income drop by 50% because of the weak business-travel segment. Upgrading costs also contributed to the revenue decrease, a report says.  
The Post and Courier (Charleston, S.C.)

Market Trends

U.S. concerned about additional security threats
The cancellation of several flights recently had a new element to them: Intelligence that terrorists might be considering using chemical, biological or radiological weapons on airlines. The primary concern remains that terrorists may try to smuggle a bomb on a plane or use a plane against an American target.   Los Angeles Times

Where is the self-service revolution headed?
From online banking to checking into hotels, consumers feel empowered whenever they can engage in a transaction where and when they want. Companies are advised to provide self-services in a well-managed and targeted knowledge base. They should also reward self-sufficient customers with lower costs and better services.   destinationCRM

Meeting industry to see upswing in '04, planners say
Meeting planners and suppliers anticipate an average 4% increase in spending and revenue in the meeting industry this year, according to an annual outlook from Meeting Professionals International and American Express. Among predictions for 2004 are that budgets for independent planners will increase from more than $4.8 million in 2003 to $6.5 million, and that consultants' budgets will increase from $3 million to $6.9 million.   American City Business Journals/Tampa Bay

Internet booking for travel still growing
Although the rate at which Americans use the Internet to make travel plans has slowed, it still is growing, according to a study by the Travel Industry Association of America. Use of the Internet for booking accommodations increased from 57% in 2002 to 71% in 2003.   Hotel News Resource

Holiday Inn hotels to hit high-speed Internet highway
InterContinental Hotels Group is the latest hotelier to offer free high-speed Internet bandwagon, with the expected announcement this week that the group will install the service in the majority of its 2,500 hotels in the U.S. and Canada by year's end. The plan will bring access to more than 300,000 rooms at InterContinental's Holiday Inn and Holiday Inn Express hotels.   The Wall Street Journal

Hotelier survey sees cautious optimism for 2004
Optimism in the hotel industry seems to be on the upswing, according to a new survey. The TRI Hospitality Consulting survey shows that as many as 55% of respondents in the hotel industry said the current business environment is pleasing or very pleasing, compared to only 40% agreeing with the assessment just three months ago.   Hotel News Resource

Hotel spas are the new trend
Upscale spas in top hotels is the latest industry trend, epitomized by Starwood Hotels & Resorts Worldwide buying the Bliss spa. But as luxury accommodations add more expensive spa treatments to their available amenities, the trend should trickle down to other kinds of hotels, experts say.   Newsday

Hospitality e-Marketing Awards Presented
The third annual Hospitality Sales and Marketing Association International awards were presented for e-marketing excellence last week in New York. Award recipients were chosen for booking performance and marketing strategy.   Hotel & Motel Management

Hotel Group To Offer New Lifestyle Brand
The InterContinental Hotel Group is planning a new lifestyle hotel brand, which they are currently calling Indigo. The hotel service will be for the mid-market range and will use conversion properties.   hotelbusiness.com

Identity Theft Still No. 1 Fraud Problem
For the second year in a row, identity theft topped the list of frauds reported to the Northeast Region of the Federal Trade Commission in 2003. Identity theft accounted for 42% of the complaints filed with the FTC, up from 40% in 2002.   Newsday

Accor: More than 6 million rooms booked online last year
The hotel group reported a 57% increase in online booking in 2003, up from 3.9 million rooms booked on its suite of Web sites in 2002. Around the world, more than 80% of nights were booked on Accor's own hotel sites, while 17% were secured through outside Web sites. Hospitalitymagazine.com.au

Employment Costs Show Smallest Growth In Nearly Two Years
Figures released by the Labor Department show wages and employment costs increased by only .7% last quarter, as the still-soft economy made employers more cautious about spending. Separately, initial unemployment claims hit their lowest levels in recent weeks, with some speculating the drop is a sign layoffs are decreasing.   Pittsburgh Post-Gazette/Associated Press

Manhattan's "Restaurant Collection" Opens
The collection of eight upscale restaurants in the Time Warner Center, featuring new ventures from celebrity chefs such as Thomas Keller and Charlie Trotter, opened yesterday. Instead of viewing each other as competitors, the restaurants are banding together to whip up publicity for the whole group of eateries, hoping to drive in more dining dollars.   Newsday

Best Practices

Hotels need to take heart, equip facilities with life-saving defibrillators
A hotel may be as likely a setting as any for a person to suffer a heart attack, yet surprisingly few hotels are equipped with automated external defibrillators, or AEDs, which can save the lives of those in cardiac arrest. The Carlson Hotel chain last year announced its plans to install AEDs at all of its U.S. owned and managed hotels and Harrah's Hotel and Casino reports its employees have saved nearly 200 lives with the devices.   The Rooms Chronicle

Keep company mission in focus
Management that concentrates on figures only is not delivering lasting value. Instead, having a company mission and sticking to it is the best way to deliver for customers, employees and the company itself.   Strategy+Business

Don't let the bed bugs bite -- Experts offer tips
April showers may bring more than flowers -- bed bugs, cockroaches, rodents and ants also may make their presence in spring, creeping into businesses and hotels for warmth and food. Experts offer tips for keeping critters out, including keeping garbage pails closed, maintaining and cleaning indoor garbage compactors, closing cracks where pests can enter and eliminating water sources by repairing leaky drains.   Cleaning & Maintenance Management

Mold lingers as indoor air quality issue for buildings
Advances in building automation are making it easier to manage huge HVAC systems, but issues still arise demanding special attention and mold has become a particularly frequent problem. Experts say one of the keys to beating the mold problem is to maintain positive pressure in buildings so that moisture ingress remains minimal.   FacilityCity.com

Screening Essential To Choose Contractor For Commercial Property Jobs
When it comes to maintenance and engineering at institutional and commercial facilities, property managers should carefully screen mechanical contractors to ensure quality work is done in a timely and cost-efficient manner. Essential factors to consider include worker training, safety precautions, experience and references.   FacilitiesNet/Maintenance Solutions

Save The Date
The New Jersey Commerce & Economic Growth Commission's Office of Travel & Tourism, along with the New Jersey Travel Industry Association present The 2004 New Jersey Governor's Conference On Tourism.

Wednesday, Thursday and Friday, March 17, 18, 19, 2004
Crowne Plaza Meadowlands, Secaucus, NJ

• Profit from a great line-up of results-oriented business workshops.
• Equip yourself with strategies that can energize your business to new prosperity.
• The workshop line-up targets the challenges facing your business with actions that you can implement short-term for long-term success.

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New Jersey Legislative Update
The first statewide hotel and motel occupancy tax was instituted on August 1, 2003, despite an aggressive lobbying effort by the New Jersey Hotel and Lodging Association. The legislature imposed a state occupancy tax of 7% (to be reduced to 5% on July 1, 2004) and authorized municipalities to impose a tax of up to 1% (may be increased to up to 3% on July 1, 2004).

During this legislative session NJH&LA will actively:

  • Support any legislation that would repeal all or part of the tax.
  • Support legislation sponsored by the New Jersey Travel Industry Association to require a quarterly reporting on tourism promotion activities.
  • Supply supporting materials to the local lodging industry to help fight or redirect the municipal portion of the tax locally.

NJH&LA will continue to advocate on your behalf but we need your help. We are vulnerable for increases in the occupancy tax every time the state or local governments have a need for additional revenue. The stronger the Association and the more active individual members are locally, the more difficult it will be for government officials to pass an increase in the tax. Please get involved now!

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DCA Adopts Amendments On Carbon Monoxide Detectors
The Department of Community Affairs has adopted regulations clarifying that the installation of battery-powered or plug-in type carbon monoxide alarms are ordinary maintenance and shall be treated as such by every enforcing agency. No permits for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required. This amendment effectively treats carbon monoxide detectors in the same manner as the installation of battery-powered smoke detectors and components of a fire alarm or smoke and heat detection equipment (other than the replacement of a fire alarm control panel).

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Fox Rothschild Attorney Checks In On New Hotel Tax
As of August 1, 2003, hotels, motels and similar facilities in New Jersey were required to add a 7% State Occupancy Fee to the rent for every room occupancy through June 30, 2004. Effective July 1, 2004, the occupancy fee is reduced from 7% to 5%. Jill Ojserkis, a corporate attorney with the Atlantic City law firm Fox Rothschild LLP, offers a quick primer for hotel and motel owners struggling to understand the tax and its implications. Ojserkis also noted that municipalities other than Atlantic City, Wildwood, Wildwood Crest, North Wildwood, Jersey City and Newark, may adopt ordinances imposing an additional 1% to 3% after June 30, 2004.

“From our conversations with our clients, we know that there are a variety of questions surrounding the State Occupancy Fee, and since the first tax return including the new fee was due in September, 2003, we have fielded many more questions,” said Ojserkis, whose position as longstanding legal counsel to the New Jersey Hotel & Lodging Association and participation on the Atlantic County Economic Advisory Commission and the Advisory Board of the Rutgers Seashore Family Business Program keep her interested in and informed of tax issues affecting the hospitality industry in New Jersey. “In order to demystify the new tax, we’ve assembled a few different scenarios, each covering different aspects of the State Occupancy Fee.”

Scenario 1: On July 15, 2003, a family reserved two rooms for Easter Weekend at an Ocean City hotel. As of August 1, 2003, the rate paid by the family for their hotel rooms is subject to the 7% State Occupancy Fee as well as the 6% State Sales Tax. Even if the family made the reservation, placed a deposit or pre-paid the fee for the room prior to August 1, 2003, the room rental is still subject to the State Occupancy Fee. When the family checks out of the hotel after Easter weekend, the bill for their hotel stay must specifically state both the sales tax and the occupancy fee, and the hotel owner may not tell the family that the occupancy fee is waived or included in the room rate, or that the fee will be refunded to the family. The hotel owner collects the sales tax and occupancy fee from the family, and reports the taxes and fees collected from these guests (and all others) during the month of April, making payment to the New Jersey Division of Taxation.

Scenario 2: A nonprofit group books a tour package in Wildwood through a tour operator. Because Wildwood, Wildwood Crest and North Wildwood already impose local fees on hotel and motel occupancies, the State Occupancy Fee for rooms in these municipalities is 3.15%, rather than 7%. (Newark, Jersey City and Atlantic City also impose local taxes or fees, and as a result, the Occupancy Fee for these municipalities has been lowered to 1%.) While the nonprofit group is exempt from the 6% State Sales Tax, it is not exempt from the State Occupancy Fee. New Jersey State agencies, Federal agencies, the United Nations and other international organizations of which the United States is a member are the only groups exempt from the tax. As a result, the tour operator booking the nonprofit group must pay the 3.15% Occupancy Fee on the purchase of the accommodations in Wildwood and pass the fee along to the nonprofit group as part of the package price.

Scenario 3: A couple hosts a wedding at a Cape May hotel, renting a small meeting room for the ceremony and a ballroom for the reception. Several guests stay overnight at the hotel, and several stay at a nearby Bed and Breakfast. The rental of a room in a hotel or motel for the purpose of assembly, such as a meeting, seminar, or wedding, is not subject to the State Occupancy Fee, and as a result, the tax would not be added to the price of renting the meeting room or the ballroom. “Breakfast Included” occupancies are subject to the Occupancy Fee, and accordingly, both the guests of the hotel and the guests of the Bed and Breakfast would be charged an Occupancy Fee for their stays. In the case of the Bed and Breakfast, the entire fee for both the room and the breakfast provided is taxable, unless the guest has the option of renting the room without the breakfast for a lesser fee. In that case, the cost of the breakfast is not subject to the tax.

Scenario 4: A businessperson on assignment in the area reserves a room at an Egg Harbor Township hotel from January 1 through April 15. If the businessperson stays at the hotel for 90 consecutive days or more, the stay is not subject to the State Occupancy Tax. (It is also exempt from New Jersey State Sales Tax.) If, however, the businessperson’s assignment ends early and as a result, she leaves prior to March 30, the entire period of occupancy is subject to the Occupancy Fee, as well as New Jersey State Sales Tax. Also, since Egg Harbor Township is one of 48 municipalities in New Jersey who have opted to impose a municipal tax in addition to the State Occupancy Tax, beginning in December 2003, an additional 1% tax is imposed on hotel stays in this municipality.

“We strongly encourage hotel and motel owners to consult with their attorneys and/or accountants to ensure that they are fulfilling their tax obligations,” advises Ojserkis. “In order to avoid fines, penalties and the inconvenience of an audit, it’s important that the business owners charge, record and remit these taxes promptly and properly.” Those who have additional questions for the tax law professionals at Fox Rothschild should contact Jill Ojserkis, Esquire, at (609) 572-2216.

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Hotel Tax - Frequently Asked Questions

Do I pay the State Occupancy Fee instead of the regular 6% New Jersey Sales Tax? No. Any room rentals that are currently subject to the 6% New Jersey Sales Tax are also subject to the new 7% State Occupancy Fee, which means that you will pay both the 6% Sales Tax and the 7% State Occupancy Fee.

Is the tax rate on the State Occupancy Fee likely to change in the near future? For occupancies on or after July 1, 2004, the fee will be reduced to 5%.

Are hotels and motels in all municipalities required to pay the State Occupancy Fee? Hotels and motels in all municipalities are required to pay the fee, but because some municipalities (Newark, Jersey City, Atlantic City, Wildwood, Wildwood Crest and North Wildwood) already impose local taxes or fees on hotel/motel occupancies, the State Occupancy Fee is imposed at a lower rate in these municipalities. Hotels and motels in the Wildwoods are subject to a rate of 3.15%, and hotels and motels in Newark, Jersey City and Atlantic City are subject to a rate of 1%.

Can I expect any additional taxes to be levied on the occupancy rates? The State did give most New Jersey municipalities the option of imposing an additional municipal tax on room occupancies. Between August 1, 2003, and June 30, 2004, any New Jersey municipality except Newark, Jersey City, Atlantic City and the Wildwoods may impose a municipal tax in an amount less than or equal to 1% of the occupancy rate. (Beginning July 1, 2004, the municipalities may increase the tax rate to 3% or less.) To date, 48 of the state’s 466 municipalities, including Galloway Township and Egg Harbor Township, have added the tax.

Since church groups, school groups and other nonprofits are not required to pay New Jersey Sales Tax on their room rentals, does that mean that they are also exempt from this new tax? No, they are not exempt. Although these groups are not required to pay New Jersey Sales Tax on their room rentals, they must still pay the State Occupancy Fee. The only guests who are exempt from the State Occupancy Fee are: (1) A New Jersey State or Federal Agency, or the United Nations or any other international organization of which the United States is a member; and (2) Permanent residents who rent a room for at least 90 consecutive days. If the guest leaves prior to the 90 days, the entire period of occupancy is subject to both New Jersey Sales Tax and the State Occupancy Fee. There is a ballroom in my hotel which I rent for weddings. Is that rental fee subject to the new tax? No, it is not. The rental of a room in a hotel or motel for the purpose of assembly, such as a meeting, seminar, or wedding, is not subject to the new fee. However, if the guests of the wedding also rent guestrooms in your hotel, the rental of those guestrooms is subject to the State Occupancy Fee.

I own a campground. Are the campsite rental fees subject to the new tax? No, they are not. Because campsites are treated as the rental of real property, which is not subject to sales tax, campsite rentals are not subject to the Occupancy Fee.

I own a Bed and Breakfast. Are my guestroom rentals subject to the State Occupancy Fee? Yes, they are, and in fact, where lodging facilities offer guests breakfast or other amenities as part of the amount charged for the accommodations, the total amount charged to the guest is subject to the Occupancy Fee.

I am a tour operator that offers tour packages to groups. Are the packages I sell subject to the new tax? Yes, if your packages include a stay in a hotel, motel or other lodging facility, then the price of the accommodations is subject to the Occupancy Fee. You must pay the tax and pass the cost on to your customers as part of the package price.

My hotel offers a package which includes dinner and a one-night stay. Is the entire package price subject to the Occupancy Fee? Not necessarily. If you contract with another business to provide the dinner that you are offering your guests, you may deduct the amount you paid for the dinner from the package price and pay the occupancy fee on the remainder of the package price. If you provide the dinner yourself, and your guests also have the option of purchasing the same package without the dinner for a lower price, the amount paid by the customer for the dinner is not subject to the fee. I don’t want my guests to pay an extra tax. Can I pay it for them? No, you may not. The State Occupancy Fee and the Municipal Occupancy Tax must be imposed directly on the customer and must be separately stated on any bill given to the customer. You may not advertise that the Fee is not due, that you will pay the Fee for the customer or that the Fee will be refunded to the customer.

Where does the money go? The State Occupancy Fee is allocated in varying percentages to the following: The New Jersey State Council on the Arts; New Jersey Historical Commission; New Jersey Commerce & Economic Growth Commission; New Jersey Cultural Trust. In cases where Municipalities impose a Municipal Occupancy Tax in addition to the State Occupancy Fee, the Municipal Occupancy Tax is distributed back to the municipality.

Hotel and motel owners in New Jersey with additional questions on the New Jersey State Occupancy Fee can contact Jill Ojserkis, Esquire, at (609) 572-2216.

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2004 Governmental Affairs Issues Survey
AH&LA's governmental affairs department seeks the input of our membership to help us effectively focus our governmental affairs and lobbying efforts on the issues that are most important to you. To that end, we have prepared a brief survey encompassing many of the legislative and regulatory issues that may be considered by the Congress and Executive Branch during the next year.

Please take a few minutes to complete our online survey, indicating each issue's level of importance to you. If you need more information on a specific issue, please visit AH&LA's website at www.ahla.com.

We would appreciate your response by February 20, 2004.

To take the survey, please click below or copy and paste the URL into your browser.
http://www.ahla.com/survey1/takeSurvey.asp?surveyID=5

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Senate Makes Way for Labor Proposal to Move Forward
New Rules Expected to Clarify Overtime Regulations, Prevent Lawsuits
Following months of extensive lobbying by the American Hotel & Lodging Association's (AH&LA's) governmental affairs department, the $820 billion Omnibus Appropriations Act of 2004 was passed and signed into law without certain legislative provisions that would have prevented the U.S. Department of Labor's (DOL's) proposal to update the overtime rules of the Fair Labor Standards Act (FLSA).  AH&LA opposed these legislative provisions and supports the DOL effort to make changes that will prevent many lawsuits that originate because of unclear and confusing overtime regulations.

U.S. Secretary of Labor Elaine Chao is expected to announce the updated labor rules by March 31, 2004.In a hearing earlier this week before the Senate Committee on Appropriations Subcommittee on Labor, Health and Human Services, and Education, Secretary Chao rejected calls to delay finalizing the rules.

The DOL announced its intent to update the FLSA - which has not been meaningfully updated in more than five decades - in April of last year by creating new duties tests and salary thresholds that would revise the rules governing which employees may be considered exempt from overtime.  In response, AH&LA filed comments in support of the overall proposal to update the FLSA, but expressed the industry's concerns over specific provisions that could be overly burdensome for hoteliers.

Efforts were made in the U.S. House of Representatives and the U.S. Senate, through amendments to the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, to prohibit the DOL from moving forward on its plan to modernize and clarify the FLSA regulations governing exempt employees.  AH&LA, backed by calls and letters to Capitol Hill from many of our 11,000-members, helped ensure that the amendment was removed from the final version agreed to by the conference committee and ultimately passed by the House and Senate.

For more information on the proposed changes, see AH&LA's April 7, 2003, Governmental Affairs Advisory (Overtime Rules May Change Under Labor Department Proposal), July 9, 2003 Executive Correspondence to the Department of Labor (AH&LA Comments on Labor Proposal to Update Fair Labor Standards Act), or contact Kevin Maher, AH&LA vice president for governmental affairs, at 202-289-3147 or kmaher@ahla.com.

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Senate Takes Final Step - Omnibus Appropriations Act of 2004 Passes
Today the Senate passed the conference report to the Omnibus Appropriations Act of 2004, thus clearing the bill for signature by the President.  Unfortunately, this action by Congress means the rescission of $40 million in previously appropriated funding for the international destination marketing program overseen by the U.S. Department of Commerce.

Last year, led by Senator Ted Stevens (R-Alaska) and urged forward by AH&LA's strong lobbying efforts, Congress passed and the President signed into a bill which provided $50 million to be used by the U.S. Department of Commerce to promote international travel to the United States.  The U.S. Travel and Tourism Promotion Advisory Board, which includes several AH&LA-members, was then established to advise the Secretary of Commerce on how to most effectively use the funds.

The rescission of the travel and tourism promotion funds was done without the support of Senate Appropriations Committee Ted Stevens (R-Alaska), Senate Minority Whip Harry Reid (D-Nevada), House Appropriations Committee Chairman Bill Young (R-Florida) and many other allies of the travel and tourism industry.  Due to the fact that the rescission provision was included in a non-amendable conference report - one that contained long-delayed annual funding for 7 of the 13 annual appropriations bills needed to operate the federal government - it was impossible to remove the language, despite the vigorous efforts of the aforementioned members of the congressional leadership and AH&LA.

AH&LA has received assurances, however, from Members of Congress and the Executive Branch that they will seek the first available legislative opportunity, including either a supplemental appropriations measure for this fiscal year or the regular Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations bill for fiscal year 2005, to restore this vital funding.

AH&LA is working with congressional allies to restore full funding for this very important international marketing initiative on the next available legislative measure and will continue to keep you updated on our efforts.

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Shawn McBurney to Serve as Vice President for Governmental Affairs
The American Hotel & Lodging Association (AH&LA) recently added former presidential-appointee Shawn McBurney as the newest member of its governmental affairs department.  Mr. McBurney will serve as a Vice President for Governmental Affairs.

McBurney is a familiar face to Washington insiders, having been deeply involved in Washington politics for more than a decade.  After spending much of his career serving on Capitol Hill and heading up the governmental relations department of one of Washington's largest and most respected advocacy organizations, McBurney joined the United States General Services Administration (GSA) in 2001 as Associate Administrator of Congressional and Intergovernmental Affairs, and was subsequently appointed by President George W. Bush to the position of Senior Advisor at GSA.

Prior to his time in Washington, McBurney gained extensive experience in the commercial and industrial real estate industry in his home state of California, giving him unique insights into many of the security and commercial property issues that impact the lodging industry.

"We are pleased to have Shawn McBurney as the newest member of AH&LA's governmental affairs team" said Jack Connors, AH&LA executive vice president for public policy. "Shawn's experience and knowledge of Washington politics give him the tools needed to be a valuable asset to AH&LA and to the lodging industry."

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FLSA Proposal Expected to Move Forward
AH&LA Lobbying Efforts Yield Results in Conference Committee
Following months of extensive lobbying by the American Hotel & Lodging Association's (AH&LA's) governmental affairs department, House and Senate Conferees have agreed to remove certain provisions from the Omnibus Appropriations Bill that would have halted the U.S. Department of Labor's (DOL's) proposal to update the overtime rules of the Fair Labor Standards Act (FLSA) - rules that have not been meaningfully updated in more than five decades.  The U.S. House of Representatives passed the legislation before adjourning for the year, with the U.S. Senate expected to take action early in 2004.  AH&LA strongly supports efforts to make changes that will prevent many lawsuits that originate because of unclear and confusing overtime regulations.

The DOL announced its intent to update the FLSA in April of this year by creating new duties tests and salary thresholds that would make clear the rules governing which employees may be considered exempt from overtime.  In response, AH&LA filed comments in support of the overall proposal to update the FLSA, but expressed the industry's concerns over specific components that could be burdensome for hoteliers.

Efforts were made in the House and Senate, through amendments to the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, to prohibit the Department of Labor from moving forward on its plan to modernize and clarify the FLSA regulations governing exempt employees.  AH&LA, backed by calls and letters to Capitol Hill from many of our 11,000-members, helped ensure that the amendment was removed from the final version agreed to by the conference committee.

For more information on the proposed changes, see AH&LA's April 7, 2003, Governmental Affairs Advisory (Overtime Rules May Change Under Labor Department Proposal), July 9, 2003 Executive Correspondence to the Department of Labor (AH&LA Comments on Labor Proposal to Update Fair Labor Standards Act), or contact Kevin Maher, AH&LA vice president for governmental affairs, at 202-289-3147 or kmaher@ahla.com.

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Budget proposal increases homeland security funds
President George W. Bush's $2.4 trillion budget proposal includes roughly a 10% increase in homeland security. The TSA will see a $900 million budget increase for airport screening purposes.   USA TODAY

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A different kind of economic recovery
In past periods of economic recovery, the Federal Reserve has moved to raise interest rates to stave off inflation. But with inflation hovering around 1% and job creation lagging behind the rest of the economy, the Fed is not expected to raise interest rates anytime soon.   The New York Times

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Senators offer their own immigration plan
Sens. Tom Daschle, D-S.D., and Chuck Hagel, R-Neb., announced their joint immigration proposal, which calls for a reduction in the amount of time it takes to reunite family members and some labor protection for immigrants. Both this proposal and the one from President George W. Bush face an uphill battle due to economic and security concerns.   Contra Costa Times (Walnut Creek, Calif.)

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Senators Seek Sept. 11 Commission Extension
Legislation will be introduced to extend the work of the commission investigating the Sept. 11 terrorist attacks by the commission's original sponsors, Sens. John McCain, R-Ariz., and Joseph I. Lieberman, D-Conn. The White House and Republicans in Congress want to stick to the original deadline of late May.   The New York Times

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Mortgage Rates On The Rise
The rates on 30-year and 15-year fixed mortgages pushed higher this week following the Federal Reserve's decision to drop its prediction that interest rates would remain low for a while longer. Freddie Mac says 30-year mortgage rates were up .04% to 5.68% this week, while 15-year mortgages rose slightly from 4.95% to 4.97%.   USA TODAY/Reuter

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Fed Leaves Interest Rate Alone, But Opens Door For Raise
The Federal Reserve announced yesterday it will leave the short-term interest rate at its current 45-year low of 1%, but didn't reiterate its intention to leave rates low for a "considerable period," causing investors to speculate an increase may be on the way. A top Lehman Brothers analyst called the language a "baby step" toward a rate increase.   The Washington Post

Analysis: Despite the change in the Fed's phrasing, a BusinessWeek analysis says the lack of inflation and demand for corporate credit will likely keep rates low for "some time," and the Fed changed its language to gain some leeway.   BusinessWeek

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Senate Passes Pension Bill
A pension reform bill good for two years was passed by the Senate yesterday. The legislation may face opposition from the White House.   The New York Times

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LE Forecasts Hotel Supply Declines for 2004-05
LE is reporting in its year-end 2003 Guidance Memorandum to Wall Street analysts and corporate clients that New Guestroom Supply Additions for both '04 and '05 are expected to be below '03 levels, good news for the Industry since guestroom demand, occupancy, average daily rate (ADR) and room revenues should improve rapidly as the economy accelerates forward against this backdrop of falling supply.

For the complete news release go to: http://www.lodgingeconometrics.com/pressrelease

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Learn about dramatic work place changes within the hotel business
Attend Littler Mendelson's Hospitality Industry Employer Forum on March 31 in Phoenix, Ariz. AH&LA Executive Vice President of Corporate and Member Relations Bill Hanley is among the industry experts joining top attorneys to discuss topics and trends that are important to today's hospitality employers. This program precedes Littler Mendelson's 21st annual National Employer Conference, April 1 and 2. Click here for more information and to register.

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AH&LA offers online career center for U.S. lodging industry
The AH&LA Career Center, powered by Hcareers, features the nation's largest searchable, online database of candidates and job openings tailored specifically to the lodging industry. AH&LA members receive a special 20% discount on Hcareers.com services. Click here for information on this AH&LA member discount.

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Order Hospitality Products Today
Purchasing EI products is easier than ever! And AH&LA members receive a 20% discount on most products. Click here to see featured products.

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Inncidentally

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