March 19, 2018


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March's Public Affairs Breakfast featured Congressman Jason Lewis. Pictured to the right of Congressman Lewis is MnRA Board Chair Lonnie McQuirter.
Sales Update            
February Retail Sales Increase 4.4 Percent Over Last Year
 
From the National Retail Federation, March 14, 2018  
 
"February retail sales increased 0.3 percent seasonally adjusted over January and 4.4 percent year-over-year as the economy continued to grow, the National Retail Federation said today. The numbers exclude automobiles, gasoline stations and restaurants.

"Consumers are still in the driver's seat," NRF Chief Economist Jack Kleinhenz said. "Month-to-month comparisons don't tell the whole story because of seasonal adjustment factors, but the three-month moving average and other year-over-year numbers are better indicators that reflect how sales are really increasing. It's still too early to draw conclusions about the impact of tax cuts but extra money in shoppers' pockets should help as the year goes forward. With consumer confidence and employment growing, economic fundamentals are favorable for spending to expand in the coming months."

The three-month moving average was also up 4.4 percent over the same period a year ago, and the results come as NRF is forecasting that 2018 retail sales will grow between 3.8 percent and 4.4 percent over 2017.

The February numbers won back a slight monthly dip seen in January, which declined 0.2 percent from December coming off one of the best holiday seasons in years but was up 5.4 percent year-over-year.

NRF's numbers are based on data from the U.S. Census Bureau, which said overall February sales - including automobiles, gasoline and restaurants - were down 0.1 percent seasonally adjusted from January but up 4 percent year-over-year.

Specifics from key retail sectors during February include:
  • Online and other non-store sales were up 10.5 percent year-over-year and up 1 percent over January seasonally adjusted.
  • Clothing and clothing accessory stores were up 5.2 percent year-over-year and up 0.4 percent from January seasonally adjusted.
  • Building materials and garden supply stores were up 5.1 percent year-over-year and up 1.9 percent from January seasonally adjusted.
  • Electronics and appliance stores were up 4.3 percent year-over-year but down 0.1 percent from January seasonally adjusted.
  • Furniture and home furnishings stores were up 2.9 percent year-over-year but down 0.8 percent from January seasonally adjusted.
  • General merchandise stores were up 2.4 percent year-over-year but down 0.4 percent from January seasonally adjusted.
  • Health and personal care stores were up 0.3 percent year-over-year but down 0.4 percent from January seasonally adjusted.
  • Sporting goods stores were down 3.4 percent year-over-year but up 2.2 percent from January seasonally adjusted."

Your Voice
Legislators Are Making Customer-Impacting Decisions Right Now; Attend Retail Day At The Capitol

Right now your elected officials are making decisions that impact your customers and how you do business. Share your story with them at. Retail Day At The Capitol.

Two great ways to participate in Retail Day At The Capitol:
  • Breakfast with legislative leaders, 8:00 - 9:00 a.m.
  • Breakfast + comfortable, prearranged meetings with your specific legislators, 8:00 -11:45 a.m.

Five good reasons to attend: 

  1. Get the latest on the happenings at the State Capitol impacting retailers.
  2. Your attendance supports the Minnesota Military Family Foundation!*
  3. It's all on the Capitol grounds--no moving your car or taking a shuttle!
  4. No cost to attend, thanks to our sponsors.
  5. This event is a solid opportunity to connect with Minnesota's innovative retailers and learn about the Minnesota Retailers Association!  

 *The Minnesota Military Family Foundation financially supports Minnesota military personnel, their spouses and children with grants during times of extraordinary financial hardship, especially while they are deployed. MnRA will donate $5 for every Retail Day At The Capitol attendee.Your story meets your legislators at the Minnesota Retailers Association's I am RETAIL Day at the Capitol March 27! 

 

Legislative Update            
Governor Proposes Automatic Tax Inflators In His Final Supplemental Budget; House Tax Committee Looks At Marketplace Sales Tax Changes

As the Legislature got one week closer to a May 22 first deadline relating to the passage of bills at the committee level, last week was flush with activity on several high profile issues.  The state's approach to dealing with the troubled MNLARS driver and services system continued to receive hearings, as did a politically-related proposal to reconstitute the MN.IT agency overseeing the project. In addition, proposals to address the opioid issue were heard in both the House and the Senate.

Perhaps most talked about last week was Governor Mark Dayton's final State of the State address on Wednesday.  The Governor painted his legacy in terms fiscal responsibility, highlighting the budget deficit when he took office in contrast to the surplus when he leaves.

The Governor capped the week by releasing his final supplemental budget. The Governor called for several increases in taxes, including adding back the automatic inflators on certain business properties, as well as on the tobacco excise tax.  In addition, a proposed $2 increase in vehicle registration fees would help fund the continued development of the troubled MNLARS system. Full details on his proposal can be found here: https://mn.gov/governor/issues/budget/.

For retailers, several bills of interest were heard.  The House Tax Committee heard a bill that would make changes to sales tax fairness language passed last year relating to online marketplace-facilitated transactions. While the Minnesota Retailers Association is sympathetic to the goals of the legislation, President Bruce Nustad expressed concerns that as drafted, the changes could open up "a big gap" in sales tax collections, allowing marketplaces without the best of intentions to take advantage of the the proposed changes.  House Tax Chair Greg Davids has committed to working with MnRA on the language.

A Senate bill to increase commissions on the sale of lottery tickets and prizes passed out of committee. In spite of years of conversations surrounding increasing commissions, the state lottery has resisted changes.  With escalating costs of doing business, retailers have turned to the Legislature for help. That bill will be heard again this week in the Senate.

Similar bills to address the opioid issue in Minnesota were heard in both the House and Senate. Changes were made to the House bill to fund prevention and treatment efforts with money from the state's general fund, as opposed to a "pill tax". The Senate version retains the pill tax and significantly raises manufacturer licensing fees. Both versions of the bill continue to walk through the legislative process. Also of note, the Governor's supplemental budget includes $13 million to address this issue.

MnRA members receive a legislative update every Friday during the legislative session. If you are non-member and would like to receive the update or are a member not receiving it, please contact us at [email protected].  
Federal Update  
Trump Eyes Tariffs On Up To $60 Billion Chinese Goods; Tech, Telecoms, Apparel Targeted
 
From Reuters,David Lawder and Michael Martina, March 13, 2018
   
"U.S. President Donald Trump is seeking to impose tariffs on up to $60 billion of Chinese imports and will target the technology and telecommunications sectors, two people who had discussed the issue with the Trump administration said on Tuesday.

A third source who had direct knowledge of the administration's thinking said the tariffs, associated with a "Section 301" intellectual property investigation, under the 1974 U.S. Trade Act begun in August last year, could come "in the very near future."

While the tariffs would be chiefly targeted at information technology, consumer electronics and telecoms, they could be much broader and the list could eventually run to 100 products, this person said. The White House declined to comment on the size or timing of any move.

But lobbyists in Washington expressed concern that Trump's ambitious tariff plan would also include other labor-intensive consumer goods sectors such as apparel, footwear and toys.

Higher tariffs on these products would "hurt American families," said Hun Quach, a trade lobbyist for the Retail Industry Leaders Association.

"We're not talking about fancy cashmere sweaters, we're talking about cotton T-Shirts and jeans and shoes that kids wear for back-to-school," she added. "Alarm bells are ringing.""
 

Sales Tax Fairness 
States Prepare To Pounce On Online Sales Taxes
 
From Governing, Elaine S. Povich, March 14, 2018  
 
"With the U.S. Supreme Court weeks away from hearing arguments in a landmark case on online sales taxes, several states are readying laws that would allow them to begin collecting millions of dollars almost immediately if the court rules in their favor.

Currently, taxes are not collected on billions in remote sales, though Amazon, the biggest online seller, has agreed to do so in many states. The potential is huge: E-commerce sales made up 9 percent of all retail sales in the United States last quarter, topping $119 billion, adjusting for seasonal variation, according to the Census Bureau.

Arguments are scheduled for April 17 in the case of South Dakota v. Wayfair Inc., in which the state contends that a 1992 high court ruling prohibiting collection of sales taxes from any seller that does not have a physical location in the state is outdated. South Dakota notes that the underlying case, Quill Corp. v. North Dakota, involved sales of floppy disks, symbolizing how outdated the case really is.

Defendants, which include online retailers, argue that the remote tax collection violates the commerce clause of the Constitution, which gives the federal government the power to regulate commerce among the states. A ruling is expected by summer.

In general, lawmakers argue that extending sales taxes to the internet is not a new tax, but rather the enforcement of an existing levy. Technically, buyers already are required to remit state taxes on things they buy on the internet, but in practice, few, if any, do so.

The idea of collecting new sales taxes is wildly popular among the states. Thirty-five states filed amicus briefs on South Dakota's behalf with the Supreme Court, as did the National Governors Association, the National Conference of State Legislatures, the National Association of Counties and the U.S. Conference of Mayors. All argue that current law is keeping them from collecting taxes on what is rightfully theirs - sales of products coming into their state.

"The devastating effect on State and local economies is two-fold," the NGA and others wrote in their amicus brief.

"First, the physical nexus requirement results in a loss of crucial revenue from owed taxes that State and local governments depend on to fund basic government functions," the brief says. "Second, it disadvantages in-state brick-and-mortar retailers, who do not have the same luxury of avoiding their sales and use tax collection and remittance responsibilities."

The only major opposition among the amicus briefs, often known as "friend of the court" briefs, comes from NetChoice a trade group of online retailers that includes such behemoths as Google, eBay and Overstock.com as well as smaller retailers. The organization argues that assessing and collecting sales taxes from the 45 states that assess a sales tax is too complicated and would disproportionately hurt the little sellers."
 

Sick and Safe Leave 
Minneapolis Cracking Down On Employers Who Violate Safe And Sick Time Ordinance
 
From the Star Tribune, Andy Mannix, March 12, 2018  
 
"The city of Minneapolis has cited more than 60 employers since July for failing to abide by a new ordinance that guarantees workers an allotment of sick days without retribution from management.
The infractions range from minor oversights - such as not posting the new rules inside the business - to more significant, such as denying mandatory sick days to employees even after being contacted by city inspectors.

Because the ordinance is so new, the city won't start issuing fines to violators until July. But some have still paid.

Global packaging distributor UPS agreed to reimburse double back pay to employees who were not allowed to take sick days leading up to the busy holiday season, according to the charges. After investigators received multiple allegations from employees, they sent a letter to UPS' North East Minneapolis branch warning they were not in compliance. After the city charged it with violating the ordinance, UPS agreed to settlement terms in January.

In a statement, UPS spokesman Matt O'Connor said the company provides "generous employee benefits" and is working with the city to come into compliance. "UPS is training our management employees on how to administer the Minneapolis sick and safe time ordinance, and we appreciate the city's efforts to help us comply with this law," he said.

The city cited the Star Tribune after an anonymous tipster complained about a supervisor who had posted a sign in the printing plant that appeared to discourage employees from taking time off, according to city records.

The city found no wrongdoing by the supervisor, who took down the sign, records show. But the city cited the Star Tribune for time-off policies that did not comply with city rules."
 

Sick and Safe Leave 
Duluth City Council Places Sick Time Policy On Hold
 
From the Duluth News Tribune, Peter Passi, March 12, 2018  
 
"The Duluth City Council hit pause Monday night on a proposed ordinance that would require local employers to provide their workers with paid time off benefits to deal with illnesses and other family crises.

In all, four councilors offered five different amendments during what was to be the first reading of the ordinance. But with so many ideas being bandied about, the council chose to table the ordinance to allow for further discussion.

Councilors reached that decision after hearing 13 people argue on different sides of the divisive issue.

David Ross, president and CEO of the Duluth Area Chamber of Commerce, said local businesses have actively participated in the public discussion leading to the creation of the proposed ordinance, sharing many of their concerns.

"Yet it appears that you are poised to disregard our work and our appeals and our logic. Your disregard for our concern is difficult to witness and challenging to accept. We asked for your support. You responded with indifference," he said.

While some said the ordinance would go too far, others said it didn't go far enough.
"Unfortunately, if this ordinance passes, as is, without any amended language or even with some of the amended language in the queue, it would be one of the weakest ordinances in the entire nation," said Katie Humphrey, calling the proposal "an embarrassment."

But Sean Stefan, controller for the Black Woods Grill & Bar Group, warned the proposed ordinance would force businesses to make difficult decisions.

As proposed, he said the city's earned sick and safe time policy would cost Black Woods at least another $108,000 annually. "As a numbers guy, I can say: Positions will be cut. Investments and growth reduced. Prices will go up. Blah, blah, blah," Stefan said."
 

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Minnesota Retailers Associaiton
400 Robert Street North, suite 1540
St. Paul, MN 55101
Tel. (651) 227-6631 - mnretail.org - [email protected]