AUGUST 2013 AUGUST 16 MEETING: Waukesha County Update Speaker: Dan Vrakas Waukesha County Executive
INSIDE THIS ISSUE
VOS: LEGISLATIVE UPDATE
HANNEMAN: SUPREME COURT RULING FAVORS EMPLOYERS
KEATING:
Also Inside: • Cloud Print Technology • 2013 Mid Year Market Summary
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IBA MEDIA LINKS Executive Director Steve Kohlmann Heritage Printing / Cultivate Communications President Steve Van Lieshout K & S Technologies . President Elect 2014 Membership / Sponsorship John Weber Hypneumat
Governor Walker weekly radio address discusses the Venture Capital Bill. To listen, click here.
VP. State & National Programs Jeff Hoffman Judson & Assoc. Secretary Christine McMahon Treasurer Casey Malek Kolb + Co.
Directors Bart Adams Kolb + Co. Ann Barry Hanneman Simandl Law Group S.C Heather Baylor Park Bank Richard Blomquist Blomquist Benefits Career analyst Dan Pink examines the puzzle of motivation, starting with a fact that social scientists know but most managers don't: Traditional rewards aren't always as effective as we think. Listen for illuminating stories -- and maybe, a way forward. Click here to view.
Jason Kuwayama Godfrey & Kahn Tom Boelkow BSI Design, Build, Furnish Dave Drumel Staff Electric
We turn gears. Business programming drives networking. IBAW’s Business Presentation Series offers high profile speakers on timely business topics keeping you informed and your gears turning. And because our meetings attract a high level audience, networking with Wisconsin’s best is as easy as showing up. Quality programming every month. That’s IBAW.
Political Advocacy • Education • Networking www.ibaw.com / 262-844-0333 / IBAWOffice@gmail.com
Business Presentation Series August 16 Dan Vrakas County Executive - Waukesha County Dan Vrakas was elected by the people of Waukesha County to serve as County Executive during a special election that was held on Tuesday, October 18, 2005 and was re-elected to serve a full 4-year terms in 2007 and 2011. In this capacity, he is the chief executive officer of Waukesha County government where he administers approximately 1,400 full-time employees, 400 part-time and seasonal employees, and manages a $273.8 million annual budget. Prior to holding this position, Dan was elected to serve in the State of Wisconsin Legislature where he represented the 33rd Assembly District for 15 years. As a State Representative, he was the Assembly’s Majority Caucus Chairman and distinguished himself as an able and willing leader that worked effectively with both major political parties.
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LOCATION! !
THE WISCONSIN CLUB ! 900 W. WISCONSIN AVE. MILWAUKEE
7:00 AM!
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REGISTRATION & NETWORKING
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BREAKFAST & PROGRAM
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PROGRAM ENDS
Save the Date! September 20th Meeting Richard G. Chandler Secretary, Wisconsin Department of Revenue Click here to register.
So big, you始ll want to save the date now.
IBAW Update Steve Kohlmann, IBAW Executive Director
I wanted to use this month's column to give you an update on the IBAW tell you how excited I am about the future of IBAW. Focused, energized, quality, strategic, optimistic are just a few of the words and phrases you can use today to describe our organization. Last summer I wrote how IBAW was in the beginning phase of evolution. Our monthly meetings had insightful speakers of topics on a wide variety of topic you wanted to know more about, the networking was first rate and we started laying the ground work to re-establishing our relationships in Madison and Washington D.C. I'm happy to report in the past year we’ve continued to do all that….and more. And now, a year later, that evolution continues to take place. A few weeks ago, the IBAW Board of Directors and myself gathered to discuss the future of IBAW from both a strategic and tactical standpoint. Reaffirming who we are as an organization and more importantly WHY WE EXIST. I was impressed with the conversation taking place on IBAW's future at that meeting. As someone that has been through some of the not so stellar times in this organization's past I’m very excited to see what is shaping up to be a very first rate business organization. Expanding programming, our reach to business owners and professionals and keeping the membership informed on important legislative issues were just a few of the topics of conversation. Since my last update about the evolution of IBAW things have really changed. A good example is the magazine you’re reading right now. When I launched it a little over a year ago it was a simple, two page flyer recapping the last meeting and giving you some updates. Even though we sent it out to 400 people the read rate was about 50 views. Today, we are easily pushing eighteen page count and the average readership view stats average about 750. Not only are people reading it throughout the state of Wisconsin, but according to the analytics, we’re getting views from all over the United States and the world. The content is continuing to expand and improve as we find individuals are sending articles to us from all over the state. Good stuff for a magazine that just celebrated its first birthday. Our Business Presentation Series continues to offer insightful programming every month and I’m happy to report we are booked until the end of the year. We are already busy getting the schedule in shape for the first quarter of 2014. And just as a FYI, you’ll want to save the December 20th date for IBAW’s BIG EVENT. Details are coming in the next few months but you’ll want to pencil that in now. So we’ve come a long way in the last few years and we have a long way to go. There’s a lot on deck as we begin to explore options and expansion particularly in digital media. The area we can still use help on is input - your input. Letting the Board know what is on your mind very is important. Another area we can use help with is committee appointments. Being on a committee is a fairly easy way (fun too!) to get involved and is a stepping stone to Board positions. As always, if you have any questions, concerns or suggestions I would welcome your input. I'll keep you posted as we move forward.
Legislative Update Robin Vos / Rep. 63rd Assembly District, Speaker of the Assembly
Improving Wisconsin’s business climate is the Assembly’s top priority, a goal we will pursue by changing the way state government operates. State Republicans inherited a fiscal mess. Democrats engaged in years of reckless spending when the economy was booming, with no eye to creating safeguards for leaner times put us in a precarious position when the recession hit. The previous administration continued to forge ahead by using gimmicks to fix the state budget, like raiding the transportation fund to shore up the general fund (a practice that was later declared illegal), while failing to institute any meaningful, sustainable reforms. Tough decisions are called that for a reason; easy solutions rarely produce the best results. By kicking the can down the road, the state was put in a position where we faced a $3.6 billion dollar budget deficit in 2010. The GOP-led legislature and Governor Walker made the hard choices to tackle the problem, and I’m proud of what we did. We are now focused on building on those roots by changing the state’s tax code, reviewing the state’s rules and regulations, and being stewards of tax dollars through responsible budgeting. A key provision of the Assembly Republican agenda is dealing with our complex tax structure. The Tax Foundation says that Wisconsin is one of the worst states in the country for our high taxes. The state ranks 39th in the nation for the heaviest income tax burden, and middle-income earners take the brunt. We’re beginning to address this issue through an income tax cut targeted at middle class families, but the code itself is entirely too complex. In fact, complaints about the complexity of the state tax code are some of the most common that I hear. You’d think that taxable income would simply be a percentage of what you make. But there are 70 additions and subtractions used to calculate income. There are 30 tax credits, too; many of which have only six or seven filers claiming them. On top of that, there are 48 deviations from Wisconsin’s income tax law to that of the federal government. This all increases the odds that someone will make a mistake,
whether accidental or on purpose. That means taxpayers are unintentionally over or under paying, which just isn’t fair. To simplify the code, the Assembly has been engaged in a top-down evaluation of the state’s income tax system. That began last summer with a bipartisan symposium I chaired to bring together tax experts and legislators to find different ways to address the significant problems with the state tax code. Representative Dale Kooyenga from Brookfield is looking at ways to incorporate the ideas and solutions we generated into the state’s tax code. I believe there are many changes we could make that would put businesses in a better position to create jobs in Wisconsin. We are also focused on reforming government. There are 1,768 chapters in the Administrative Code that govern a wide variety of things. From the distance between chairs in nursing homes to the way eggs are packaged, nearly every aspect of life is touched by these rules. While most were put in place with the best of intentions, many have not aged well and do harm to businesses looking to start up, relocate, or expand in Wisconsin--all without providing their designed protections. Despite its wide-ranging impact, the actual process of regulatory reform is pretty dry. Yet Representative Dan LeMahieu of Cascade has had great response from state business leaders about the little things that needlessly get in their way. That input is being taken into consideration as state committees go through the code, line-by-line, to streamline Wisconsin’s rules and regulations. These changes won’t matter, however, if we don’t rein in Wisconsin’s wasteful spending. Budgets ballooned during good times at an unsustainable pace, and audits have found waste, fraud, and abuse all across the state. We will get spending under control, do it by finding and eliminating waste and fraud to ensure that the taxpayer trust is being respected. Assembly Republicans continue to push toward a top-down reformation of government. We are looking at the ways in which we raise and spend your money. Our approach is balanced and responsible for the needs of everyone in the state. In the end, we want Wisconsin to be a better state to live, work and retire.
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Mobile Printing Made Easy Scott Hirschfeld, Computer Technologies
Are you having trouble printing from that wide variety of devices that are being used in your business environment? You are not alone. The myriad of smart phones and tablets used in our businesses today have created a need to print from these non-standard devices. Then there is the issue of printing documents and reports that are generated in the cloud. Personally, I don’t like paper, and I prefer an electronic copy, but there are times when paper is necessary, hence the need for a solution. There are a variety of ways to print from mobile devices, but one worth considering is Google Cloud Print. Google Cloud Print allows your device to print to a configured printer anytime you are on the Internet. It is no longer necessary to connect to the VPN, or email the document to the office, so someone can print it for you. You can now print the document remotely, and have it ready when you walk in the door. If you have a Google Cloud enabled printer, the setup is quite simple. If you have a more conventional printer, you will need to start by downloading Google Chrome. Then setup a local PC to act as the agent that connects your printer to the Google Cloud service. With the conventional printer, there are some drivers to ensure are configured properly, as well as some extra setup tasks. Once you have your printer setup, it just takes the download of an app for either Android or IOS devices, and you are ready to print. The solution also allows you to share your printer with others. Google Cloud printer is a great solution for addressing mobile and cloud based printing needs. Check it out at http://www.google.com/cloudprint/learn/
Wisconsin Economy Stabilized, Bankers Say Survey shows state economic outlook steady Press Release from Amber Hartl, Wisconsin Bankers Association FOR IMMEDIATE RELEASE!
July 17, 2013
(Madison) Wisconsin's business loan demand is lagging, but the state's economy is stable and healthy, a survey by the Wisconsin Bankers Association (WBA) shows. According to the WBA Bank CEO Economic Conditions Survey, 85 percent of responding bank CEOs say business loan demand in their market is fair or poor. However, none of the responding bankers rate the current health of Wisconsin's economy as poor, compared to 2 percent in January and 3 percent a year ago. “The economy seems to have reached a plateau,” said Rose Oswald Poels, president/CEO of the WBA. “While there are positive trends in defaults and bankruptcy filings, the majority of bankers expect economic conditions and loan demand to stay the same over the next six months.” Ninety‐five percent of bank CEOs say the number of customer bankruptcy filings, foreclosures and "past dues" have stayed the same or decreased over the past six months, the survey shows. In addition, 89 percent of responding CEOs indicate that businesses in their market area are likely to maintain current staffing levels, with 9 percent saying local businesses will hire employees in the next six months. In comparison, 20 percent of bank CEOs say they plan to hire employees in the same timeframe. “Wisconsin's banks are healthy and ready to meet the needs of their communities,” said Oswald Poels. “The state economy may be flat, but banks are still eager to lend to credit‐worthy borrowers, both businesses and individuals.” Media Note: If you would like to speak with a banker from your area regarding economic conditions and loan demand, please contact WBA's Amber Hartl (ahartl@wisbank.com).
Quote of the Month “Whether you prevail or fail, endure or die, depends more on what you do to yourself than on what the world does to you” - Jim Collins
July Meeting: Bob Babisch, Summerfest A full house packed the Wisconsin Club in July as our speaker was Bob Babisch Vice President of Entertainment for Summerfest. Mr. Babisch discussed Summerfest history and future plans to keep one of the premier music festivals in the world. A very informative, fun presentation. How much do top bands get paid? What top band won’t Summerfest deal with due their unpredictability? These were just some of the questions that were answered.
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Two Supreme Court Cases Viewed As Favorable Rulings For Employers Ann Barry Hanneman, Simandl Law Group, S.C.
In an environment where small businesses face an increasing threat of expensive employment litigation, it is a welcome relief to have the highest court issue rulings making it more difficult for employees to prevail in Title VII cases. Two such decisions issued by the United States Supreme Court on June 24, 2013 virtually flew under the radar, but have been regarded as victories for employers. In the first case, University of Texas Southwestern Medical Center v. Nassar, the Court ruled that employees alleging unlawful retaliation under Title VII must prove that the retaliation was the “but-for” cause of the adverse action, marking a departure from a number of recent Supreme Court rulings that have greatly expanded retaliation protections for employees. In the second decision, Vance v. Ball State University, the Court held that a “supervisor” that does not have the authority to hire and fire employees cannot trigger “automatic” employer liability for workplace harassment. Both cases will likely result in more favorable rulings for employers and may serve to reduce the number of cases being filed in the long-term. The Nassar case and what it means for employers. Naiel Nassar, a former University faculty member, alleged he was subjected to unlawful retaliation when he resigned his teaching post. At that time, Nassar sent a letter stating he was resigning due to harassment by one of his supervisors, Dr. Beth Levine. Nassar alleged Levine’s harassment was because of his religion and national origin. Following this resignation, Levine’s supervisor objected to Nassar’s appointment with University-affiliated Parkland Memorial Hospital. As a result of his supervisor’s objection, the Hospital’s job offer was withdrawn. The issue before the Court was deciding the level of proof required for Nassar to prevail in his claim that he was subjected to retaliation for complaining about Levine’s unlawful harassment. Although Nassar prevailed when the case was heard by a jury and that decision was upheld by the court of appeals, the Supreme Court held that Nassar must show that the retaliation was the “but-for” cause of the adverse employment action, rejecting the argument that Nassar only needed to prove that the retaliation was a “motivating factor” in the Hospital’s decision to withdraw the offer. As a result of this ruling, the Court vacated and remanded the earlier ruling. The Nassar decision, decided by a 5-4 Court majority, is a departure from recent Court decisions, as the impact of this decision raised the level of proof required to show a Title VII retaliation violation, making
an employee’s case more difficult to prove. Over the last few years, the number of retaliation cases filed against employers has skyrocketed, particularly given recent rulings by the Supreme Court that resulted in expanding the scope of retaliation coverage. It is believed that this decision could impact pending cases, particularly those in which employers are requesting summary judgment for an employee’s failure to state a claim. It will remain to be seen whether this “but-for” standard will be applied to other federal laws that contain retaliation provisions like Title VII. Although criticized in the dissent written by Justice Ruth Bader Ginsburg for trying to reach a conclusion to curtail the increasing number of claims filed against employers, the majority of the Court concluded that the language of Title VII required the application of the “but-for” standard to be met when proving the basis of the alleged adverse employment action. The Vance case and what it means for employers. Maetta Vance was an employee in BSU’s catering division who complained of harassment by Saundra Davis, another catering employee. The harassment was alleged to have been due to Vance’s race and included staring, using racial epithets, making intimidating statements and rude treatment. When these complaints were lodged internally, BSU investigated and concluded the complaints were unfounded. When her Title VII claim was filed against BSU, Vance alleged that BSU was vicariously or automatically liable for Davis’ conduct because she was her supervisor. Although Davis did assign Vance’s daily tasks, it was undisputed that Davis did not have the authority to hire, fire, demote, promote, transfer or to discipline Vance. In this case, the Court examined the issue of whether BSU was automatically liable for workplace harassment under Title VII or whether liability should be applied only if BSU acted negligently by failing to reasonably respond to Vance’s complaints of harassment because of Davis’ supervisory status. The Court majority held that under Title VII, no automatic liability would result if the “supervisor” did not have the authority to hire, fire or to take any other tangible employment action. In applying the liability framework under the Faragher v. Boca Raton and Burlington Industries, Inc. v. Ellerth applicable to Title VII workplace harassment claims, the Court held that an employer will be considered automatically liable for unlawful harassment only if that supervisor is empowered by the employer to take tangible employment actions. The Court majority attempted to create a “bright line” test when determining whether an individual would be considered a “supervisor” for purposes of workplace harassment. The Court stated it had an interest in simplifying these issues so that employers and employees would know the appropriate liability standard (“automatic liability” as opposed to “negligence”). If the negligence standard is applied, an employer has the opportunity to assert an affirmative defense to defeat such harassment claims. Specifically, this affirmative defense would require an employer to show that: (1) it exercised reasonable care to prevent and correct any harassing behavior; and (2) that the employee unreasonably failed to take advantage of corrective opportunities. Continued
The impact of this decision resulted in a rejection of the EEOC’s guidance which defined “supervisor” in a broader context as one with authority to direct daily activities. By the Court’s adoption of a narrower standard, presumably fewer employees would be able to establish “automatic liability.” Although the dissent in the decision written by Justice Ginsburg contended that employers would then be able to engage in acts of unlawful harassment that did not rise to the level of termination, the certainty of the majority decision should assist both employers and employees in providing clarity in the assessment of claims and responsibility. Practice Tips for Employers. Despite the fact that both Vance and Nassar are regarded as employer victories, employers must continue to make every effort to provide a harassment-free workplace, including one that is free from retaliation for voicing complaints that may be protected under Title VII. With respect to potential workplace harassment, employers should examine the level of authority supervisors have to hire, fire, promote, transfer and demote employees. If documentation is not clear with respect to that authority, this should be clarified to those in such positions so there will not be any dispute as to the level of authority given to that supervisor. As well, employers should take steps to make sure that those supervisors that have the level of authority to hire, fire, promote, transfer and demote employees are specifically trained in the area of Title VII compliance. These steps will minimize exposure to liability under those circumstances. With respect to minimizing exposure to retaliation claims, employers should provide annual management and supervisory training. It is always in an employer’s best interest to provide training and to take preventive steps to avoid such claims. In this regard, employers must periodically provide companywide harassment training, review complaint and investigative procedures and assure that all employees understand that harassment of any unlawful type will not be tolerated in the workplace. As well, employers should always appropriately document steps taken to address any complaints of retaliation and track all efforts taken to prevent retaliation. While small business owners can dream of a time when employment litigation is at an all-time low, it is important to stay abreast of decisions that show that glimmer of hope. When there are shifts in case law decisions that make it more difficult for employees to prevail, it provides less incentive for attorneys to pursue these claims and likely will result in less expensive settlements of these claims. Although time will tell what the overall impact of these cases will be, business owners should be aware of the “shortterm” advantages that may prove to affect the bottom-line cost of doing business. Ann Barry Hanneman is a Principal at Simandl Law Group, S.C. where she represents businesses in employment law matters and is a member of the Board of Directors for the Independent Business Association of Wisconsin.
Continued Decay in Small Business Lending Raymond Keating, Chief Economist Small Business Entrepreneurship Council
There was a divide between big business and small business in the U.S. last year when it came to bank lending. Namely, big business lending recovered over the last two years, but decay on the small business side continued. The recently released SBA Office of Advocacy’s report “Small Business Lending in the United States, 2012” emphasized two big points: • “Total small business borrowing from depository lenders remained subdued for both commercial real estate (CRE) and commercial and industrial (C&I) loans under $1 million, while large business borrowing increased. The value of these small business loans outstanding declined by 3.1 percent in 2012, compared with 7.0 percent the previous year, while large business loans in excess of $1 million increased by 12 percent in 2012, compared with 5.8 percent in 2011.” • “In 2012, the value of micro business loans—the smallest business loans of less than $100,000— was $138.2 billion, compared with $139.5 billion in 2011, a decrease of roughly 1 percent; the decline was in commercial real estate loans.” In the report summary, it was pointed out: “Small businesses tend to rely on traditional depository institutions for their credit needs. Since the end of the recession in mid-2009, overall lending conditions have improved for businesses, but improvement has been slower for small firms.” But is that accurate? Consider the following from the SBA report: Small Business Loans Outstanding for Depository Lenders (billions of dollars) Year
Small Business Commercial Real Estate Loans
Small Business Commercial and Industrial Loans
Total Small Business Loans
2007 360.1 326.7 686.8 2008 375.0 336.4 711.5 2009 372.0 323.3 695.2 2010 342.3 309.9 652.2 2011 323.9 283.0 606.9 2012 307.8 280.1 587.8 The data from the report does not show slower improvement for small firms. Instead, it strikingly shows continued deterioration through last year.
Raymond J. Keating is chief economist for the Small Business & Entrepreneurship Council.
Mid-‐Year 2013 -‐ Market Summary
The Industrial Real Estate Market in SE Wisconsin just capped a robust performance for the first ½ of 2013. Total space absorbed through 2 quarters is nearly 2 million square feet!
Market pricing is firming, incentives are decreasing, and modern supply is dwindling. Equilibrium in the Industrial marketplace is occurring.
Mid-‐Year 2013 -‐ The Data
Since the depths of the Great Recession, the Metro Milwaukee Market has had positive space absorption fir 13 consecutive quarters and a total of 12.5 million square feet taken up since Q2 of 2010.
1.2 million square feet of space absorbed in SE Wisconsin in Q2 of 2013.
Overall Vacancy Rate Tracking at 6.57%. This is a very healthy number! Waukesha County at 4.18% and Racine County at 4.89% are the top performing sub markets.
Broad base strength on manufacturing expansions in Q2: Quad Graphics, Valve Works, Wristband Resources, Argon Industries, Product Service & Manufacturing to name a few.
Mid ȂYear 2013 Ȃ The Trends
Dz dz ͝ǡ have accelerated their decision making process.
5,000-‐͝͡ǡ͜͜͜ Ȁ Ǥ Dz dz that likes to own their real estate. This market finally displayed signs of a sustainable comeback in the first 1/2 of 2013.
Supply of existing, modern product, continues to dwindle. Supply/Demand curve appears to be in sync at the present moment. Any acceleration in current demand will create upward pricing pressure.
Mid-‐ Year 2013-‐ The Forecast
With several large users searching in the marketplace, and a limited supply, expect new construction to rapidly accelerate into 2014.
With an active pipeline being reported within the industry, the 2nd half of 2013 projects continued market strength.
Market is inching closer and closer to more favorable terms for sellers/landlords.
1285 Sunnyridge Road
Wisconsin Industrial Market Leaders
Pewaukee, WI 53072 262.695.8800 www.judsonrealestate.com
Contact
Jeff Hoffman, SIOR, CCIM 262.695.8800 jhoffman@judsonrealestate.com
Hypneumat, Inc. Achieves ISO9001:2008 Certification, Adds Precision Machining Services IBAW member Hypneumat, Inc. announced that it has been awarded a certificate of registration to ISO9001:2008 for their quality management system. Successfully completing the requirements for ISO registration demonstrates Hypneumat’s commitment to provide quality products and services for its customers, while continually improving all of its manufacturing functions. Hypneumat, Inc. provides solutions for industrial automation under three product lines, Hypneumat, Commander and Snow. These product lines include an array of high speed drilling and tapping units, and multiple spindle heads that can be found in nearly every major manufacturing industry throughout the world. Hypneumat, Inc. also has added precision machining services within its temperature controlled facility utilizing 5 & 8 axis turning centers and vertical machining centers. To learn more about Hypneumat, Inc.’s products and services please visit: www.hypneumat.com.
New Member Spotlight: Dan Cooper Reinhart, Boerner, Van Deuren, s.c. Daniel P. Cooper is a shareholder in Reinhart's Business Law Practice. Dan acts as general company counsel and as a trusted business advisor to a wide variety of clients including technology, manufacturing, real estate and service companies. He is driven to invest his time and energy in gaining a deep foundational understanding of his clients' business and personal values and goals. Dan seeks to use this understanding to tailor his advice to add maximum value to his clients with a focus on contributing to their success. Dan views each client experience and relationship as an opportunity to add to his cumulative body of knowledge, which he actively seeks to refine and use to the advantage of each of his clients.
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414-298-8134 !!
dcooper@reinhartlaw.com
Welcome A New IBAW Member!
You Can Make a Difference In Wisconsin! Spread the word of IBA to your business associates pass on the IBA brochure!
Daniel Copper Reinhart, Boerner, Van Deuren, S.C.
Download it in PDF format or pass the link on. Available at www.ibaw.com
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PAYING BY CHECK ? Make checks payable to IBA ʹ and mail to: IBA 960 Timber Pass Brookfield, WI 53045 WANT TO PAY ONLINE? You can also pay by Mastercard / Visa at the IBA Membership page. www.ibaw.com ________________________________________________________________________ The Independent Business Association of Wisconsin is a not-for-profit entity filed with the IRS under 501(c)(6) of the Internal Revenue Code. As a not-for-profit association, the members of The Independent Business Association, Inc. are allowed to deduct a percentage of dues that are not used for lobbying purposes. For the year 2013 based on the total income of the association and the lobbying expenses as reported on the Wisconsin State Ethics Board Lobbying reports for 2011 the percent of dues that were used for lobbing purposes is 10%. Therefore, the percent of dues that would be tax deductible is 90%.