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| February 22-23 |
2018 PACE Show (Thursday- Friday)
PACEshow.com |
| June 14, 2018 |
2018 GLW Golf Outing |
| October 3 & 4, 2018 |
2018 NPCA & NPGA Joint Convention |
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YOUR WEEKLY MEMBER NEWS LETTER:
is a service provided only to members of the Nebraska Petroleum Markers & Convenience Store Association (NPCA). If you have any key personnel that would like to be added at no additional charge, please feel free to reply to
tkeigher@npcainc.com, katie@npcainc.com or call (402)-474-6691.
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Thank You to NPCA's Partners
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Click here for George Watters Scholarship Application
Applications due March 15
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HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK
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The Legislature's clock continues to tick and is quickly approaching the halfway point of this 60-day session. In fact, lawmakers reached the 40% (day 24) point of completion on Thursday of this week.
This week Senator Chambers decided that the session was going too fast for his liking. He used serval stall tactics on bills that he did not care about, just to make a few points on issues not relevant to the bill(s) at hand, but important to him and to burn the Legislative clock. It is expected he will continue to do so this coming week, as he wants to create a bottleneck and there are a few bills on next week's agenda that he truly does not care for.
As time moves forward, the looming deadline for priority bill designation means even more, if a bill has any chance of floor debate and hopeful passage.
With each senator getting only one priority bill, each committee designating only two priority bills, and the speaker getting up to 25 priority bills many bills will not see floor time this session nor passage. One other hope is the bill could be amended into another bill of like subject matter, but if the subject matter has any controversy at all, no one will want to take the risk of jeopardizing the success passage of their bill and not allow the amendment.
Priority bill designation or requests are on the near horizon:
Speaker Priority
- prior to adjournment on February 14 for senators to request a bill to be designated as a Speaker priority bill. Speaker will announce his priority selections on February 21.
Committee and senator priority
- prior to adjournment on February 20.Each senator gets one priority bill and committees can designate up to two priority bills.
A listing of priority bills can be found at the end of this section.
This week the Revenue Committee heard testimony on LB1090, a bill that makes c
hanges provisions relating to inflation adjustments, personal exemptions, and standard deductions. These changes are needed to offset the recent federal income tax reductions.
As stated in the bill's Statement of Intent: "LB 1090 would restore the $134 personal exemption credit that was effectively repealed by the federal Tax Cuts and Jobs Act. The bill also establishes the Nebraska standard deduction as $6,750 for single taxpayers and $9,900 for head of household filers. The standard deductions for married, filing jointly returns is double the standard deduction for single returns. The additional amounts for age or blindness are $1,300 for married taxpayers and $1,600 for single or head-of-household taxpayers.
Under the federal Tax Cuts and Jobs Act, the federal method of indexing for inflation was changed to Chained CPI, which grows somewhat more slowly than the Consumer Price Index that has been used for many years. LB 1090 would adjust the individual income tax brackets, the person exemption credit, and the standard deduction based upon the Consumer Price Index - All Urban Consumers for tax years beginning or deemed to begin on or after January 1, 2018"
Another bill that had substantial testimony in support, as well as opposition, was LB1084, introduced by Senator Briese that would provide property tax relief by increasing some state taxes and eliminating yet other exemptions.
Specifically, the bill:
- Increase the state sales tax rate by 1/2%;
- raise cig tax $1/pack;
- places a surtax on tax payers whose adjusted federal gross income is over $500,000 of 2.5% and on incomes over $1 million a 5% surtax.
- Increase the higher income tax bracket rates;
- eliminates exemptions from sales tax such as, auto, ATV, and UTV trade in allowances, newspapers, laundromats, Telefloral deliveries, school lunches, admission to school events, fine art museum purchases, cleaning and repair of clothing, cleaning, maintenance, and repair of other tangible personal property, maintenance, painting, and repair of real property, entertainment admissions, personal care services, lawn care, gardening, and landscaping services, pet-related services, storage and moving services, taxi and limo services, other real estate services, prepaid calling arrangements, soft drinks, bottled water, plus several other items/services.
- Also places any net increase in state sales tax revenues from internet sales tax collection component in the bill into the Property Tax Credit Relief Fund.
- For taxable years beginning or deemed to begin on or after 6 January 1, 2019, under the Internal Revenue Code of 1986, as amended, residents of Nebraska who are shareholders of a small business corporation having an election in effect under subchapter of the Internal Revenue Code or who are members of a limited liability company organized pursuant to the Nebraska Uniform Limited Liability Company Act shall include in their Nebraska taxable income, to the extent includable in federal gross income, their proportionate share of such corporation's or limited liability company's federal income without any adjustments.
The bill seems to be one possible offset to LB829, Senator Erdman's bill to give a refundable income tax credit in the amount of 50% of the portion of one's property tax bill which goes to fund K-12 education. For most property owners LB 829 will result in a 30% reduction in their property taxes.
LB 994
is a bill that would c
reate the Rural Broadband Study Task Force, changing provisions relating to the Nebraska Telecommunications Universal Service Fund, and change powers and duties of the Public Service Commission as prescribed
As stated in the bill's Statement of Intent: "LB994 is introduced to assist in enhanced broadband telecommunications service to unserved and underserved areas in rural Nebraska. It would state intent that citizens in rural Nebraska should have comparable broadband service to citizens in urban areas. The bill would create a Rural Broadband Study Task Force. It would require a change in contributions methodology to the Nebraska Universal Service Fund. It would allow the Public Service Commission to consider a reverse auction program if current providers were not providing appropriate service to customers. It would allow the PSC to maintain a registry of locations where there was a lack of coverage for wireless communications, and the PSC would use that information to determine where to award grants for the building of wireless towers."
LB1054
, as stated in the bill's Statement of Intent: ".. is a bill that seeks to amend the law in order to add language that accomplishes two things. 1) Require wind energy projects in Nebraska to make application to and seek the approval of the Power Review Board, 2) Require the Power Review Board to consider public comment (those with legal standing) when determining their statutory responsibility to assess whether the project "will serve the public convenience and necessity."
During a recent interview, Senator Brewer said there's no reason to build more wind farms in Nebraska, stating: "For Nebraska, we are producing way more power than we're using so how do you justify building more wind farms if there's no need?"
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2018 Hearings of Interest
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Hearing Date
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Bill Number
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Introducer
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Committee
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On Liner
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2/12/18
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LB916
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Hansen
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Business & Labor
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Prohibit retaliation under the Nebraska Wage Payment Collection Act and the Wage and Hour Act
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2/12/18
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LB1014
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Pansing Brooks
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Business & Labor
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Name the Discriminatory Wage Practices Act, change provisions relating to wage discrimination on the basis of sex, and provide protections for employees relating to wage disclosure
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2/12/18
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LB1102
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Friesen
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General Affairs
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Change provisions relating to distribution of taxes collected, license renewals and fees, and the tax on gross proceeds for county and city lotteries
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2/12/18
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LB844
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Crawford
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Business & Labor
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Adopt the Healthy and Safe Families and Workplaces Act
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2/12/18
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LB843
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Pansing Brooks
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Business & Labor
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Provide protections for employees' wage disclosures
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2/12/18
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LB984
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Quick
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General Affairs
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Change provisions of the Nebraska Lottery and Raffle Act relating to special permits and gross proceeds.
As stated in the bill's Statement of Intent: "LB 984 allows for non-profit organizations, volunteer fire companies or volunteer first-aid, rescue, ambulance or emergency squads to apply to the Department of Revenue for two ninety-day special permits, or one one-hundred eighty-day special permit.
The bill lessens the amount of proceeds of both a lottery or a raffle that must be used for prizes from 65% to 45%. This change would allow "split the pot" lotteries that organizations use to award the winner 50% of the proceeds to occur lawfully without the organization first obtaining a special permit."
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2/14/18
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LB911
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Bolz
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Revenue
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Adopt the School District Local Option Income Surtax Act
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2/14/18
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LB1077
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Friesen
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Revenue
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Eliminate levy limits for school districts
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2/14/18
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LB1007
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Kolowski
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Revenue
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Authorize school districts to levy a tax and establish a fund for facilities-related expenditures
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2/14/18
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LB1106
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Linehan
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Revenue
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Change requirements for overriding property tax limits
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2/15/18
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LB1087
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Wayne
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Revenue
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Change tax provisions for cigars, cheroots, or stogies. Sets the tax on these items at 50 cents, as opposed to a percentage tax currently.
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2/15/18
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LB908
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Baker
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Natural Resources
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Provide a disposal exception for tires used in a building system and eliminate obsolete provisions under the Integrated Solid Waste Management Act
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2/15/18
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LB1117
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Crawford
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Revenue
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Change certain cigarette and tobacco products tax rates. Cigarette tax to $2.14/pack, currently $0.64/pack. Transfer $1.99/pack to General Fund. Snuff tax increases from $0.40/oz. to $1/oz. All other tobacco products from 20% to 45% of purchase price.
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2/15/18
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LB725
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Wayne
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Government
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Change requirements of the Prompt Payment Act. Requires payments made by state agencies to be made within 15 days for small businesses, defined by North American Classification Code). All others, payment by the 45-calendar day.
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2/15/18
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LB1030
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Friesen
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Revenue
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Change the sales tax sourcing rules for certain motor vehicles and trailers. Applies to public power motor vehicles.
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2/15/18
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LB1072
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Linehan
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Government
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Change a preference in awarding public contracts and eliminate reciprocal preference provisions. Preferences to using NE products, goods, or services.
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2/21/18
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LB811
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Lindstrom
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Judiciary
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Change prohibited uses of scanning devices and encoding machines.
Updates to Nebraska law to reflect new payment card technology. Changes are needed because payment card readers in the United States are transitioning away from magnetic strips and stripes and towards computer chips.
The proposed legislation also makes it a crime to possess a scanning device or encoding machine with the intent to use in a manner without proper authorization from the authorized user of the payment card, the issuer of the authorized user's payment card or a merchant. This legislation is similar to the anti-skimming laws in the 19 states that criminalize possession of such devices with an intent to defraud or commit a crime.
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2/23/18
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LB693
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Blood
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Judiciary
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Regulate and create criminal offenses regarding the use of unmanned aircraft systems
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2/26/18
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LB747
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Thibodeau
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General Affairs
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Provide for bottle clubs under the Nebraska Liquor Control Act
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Priority Designation thus far.
(bold bill numbers were added this week)
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Senator Priority Designation
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Bill Number
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Primary Introducer
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Status
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Description
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Senator Baker
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LB710
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Senator Baker
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Select File - On Agenda 2/12/2018
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Change provisions relating to civil claims of four thousand dollars or less.
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Senator Brewer
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LB1054
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Senator Brewer
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In Committee
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Change provisions relating to hearings before the Nebraska Power Review Board and electric generation using wind
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Senator Briese
Senator Chambers
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LB1084
LB449
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Senator Briese
Senator Chambers
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In Committee
General File
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Adopt the Property Tax Request Limitation Act, provide sunset dates for certain tax exemptions and incentives, and change other revenue and taxation provisions
Repeal the Black-Tailed Prairie Dog Management Act
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Senator Ebke
Senator Kolowski
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LB299
LB838
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Senator Ebke
Senator Wishart
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General File
General File
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Adopt the Occupational Board Reform Act and change procedures for rules and regulations
Change provisions relating to the Indoor Tanning Facility Act
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Senator Krist
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LB368
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Senator Lowe
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General File
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Change helmet provisions, change passenger age limits, and require eye protection for operators of motorcycles and mopeds. Failed (30-15) Cloture vote (needed 33). Dead for the year.
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Senator Morfeld
Senator Williams
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LB757
LB496
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Senator Morfeld
Senator Stinner
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Select File -On Agenda 2/12/218
Select File
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Change provisions of the Credit Report Protection Act and the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006.
Define and redefine terms under the Community Development Law
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Committee Priority Designation
(bold bill numbers were added this week)
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Bill Number
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Primary Introducer
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Status
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Description
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Banking Committee
Appropriations Committee
Banking Committee
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LB743
LB775
LB750
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Senator Lindstrom
Senator Stinner
Senator Williams
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Advanced from General File 2/1/18
General File
Advanced to Select File 2/7
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Adopt the Public Adjusters Licensing Act and change continuing education and pre-licensing education provisions
Adopt the State Park System Construction Alternatives Act
Change provisions relating to mortgage licensing, recording of real property instruments, and rights and duties of secured creditors
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Executive Board
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LB744
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Executive Board
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Advanced from General File 2/2/18
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Adopt the Legislative Qualifications and Election Contests Act
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Legislative Performance Audit Committee
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LB936
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Legislative Performance Audit Committee
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General File
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Change provisions relating to tax incentive performance audits under the Legislative Performance Audit Act. Appears on Monday, February 5th agenda as second bill.
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Natural Resources Committee
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LB758
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Senator Hughes
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Select File
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Provide for voluntary payments in lieu of taxes on water augmentation project lands as prescribed
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Urban Affairs Committee
Retirement
Retirement
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LB874
LB548
LB1005
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Urban Affairs Committee
Senator Lindstrom
Senator Kolterman
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Still in Urban Affairs Comm.
Hearing 2/14
In Committee
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Change the Community Development Law
Provide for the consolidation of the Class V school employees' retirement system and the School Employees Retirement System of the State of Nebraska
Change county and school retirement provisions
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NPCA 2018 Bills of Interest
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Congress Passes Government Spending Bill
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Includes Tax Extenders Package
Earlier this morning, Congress passed a 2-year, bipartisan budget deal to reopen the government which had partially shut down for a few hours overnight. President Trump quickly signed the bill into law.
The budget bill includes a temporary funding measure, known as a Continuing Resolution (CR), which funds the government until March 23, possibly giving Congress enough time to reach an agreement on a long-term funding deal. The bill also lifts the federal debt limit until March 2019. Furthermore, it raises spending caps on domestic and military spending in fiscal years 2018 and 2019 by $300 billion and will provide $90 billion in disaster relief funding in response to last year's hurricanes and wildfires.
Also included in the bill is a tax extenders package. One tax provision important to petroleum marketers is a prospective renewal of the Oil Spill Liability Tax (OSLT) effective on March 1, 2018 through Dec. 31, 2018. The 9 cents per barrel OSLT tax is imposed on crude oil at the refinery gate. Proceeds from the OSLT go into a trust fund used by the Coast Guard to pay for clean-up after accidents like oil spills. PMAA has been fighting against the tax being applied retroactively so this is welcome news to petroleum marketers. This is also good news because suppliers who continued to charge the tax even when it expired have indicated they will reimburse jobbers if the tax isn't applied retroactively. Click here to view a PMAA issue brief on the OSLT issue.
A second tax provision important to petroleum marketers includes a renewal of the $1 per gallon biodiesel blenders tax credit for tax year 2017 only. PMAA will have information on reimbursement specifics at a later date. Other credits of importance that were extended retroactively for 2017 are the tax credit for the installation of qualified alternative fuel vehicle refueling property in a home or business; the Alternative Fuels Excise Tax Credit for the use of propane as a transportation fuel, known as the "propane autogas tax credit,"; and the Section 25C tax credit for the installation of qualified high-efficiency residential HVAC systems and certain energy-saving home retrofits.
The bill's passage is a good sign for programs like the Low-Income Home Energy Assistance Program (LIHEAP) that PMAA has advocated for because there will likely not be as many cuts to domestic programs like LIHEAP. LIHEAP is important because it is vital in serving low income consumers of home heating fuel. Congress reinstated LIHEAP and Weatherization Assistance Program (WAP) funding in the FY 2018 budget and PMAA has been pushing for these programs to be funded in the FY 2019 budget as well. The Trump Administration's budget request for FY 2019 is expected to be released next Monday, in which LIHEAP could be proposed for elimination as it was in 2018.
Part of the budget deal requires the Department of Energy (DOE) to sell 100 million barrels of oil from the Strategic Petroleum Reserve. Specifically, 30 million barrels are to be sold between fiscal 2022 and 2025, 35 million barrels in 2026, and another 35 million in 2027. Furthermore, DOE is required to sale $350 million worth of crude oil in fiscal 2018 to pay for modernizing the reserve fund.
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House Passes Menu Labeling Legislation Again
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On Tuesday, the House passed via a 266-157 bipartisan vote, the "Common Sense Nutrition Disclosure Act." The legislation, introduced by Rep. Cathy McMorris Rogers (R-WA) and Congressman Tony Cardenas (D-CA) also passed the House in 2016. Click here to see how your lawmakers voted.
This legislation, H.R. 772, modifies the Menu Labeling language in Obamacare to allow retailers to identify a single primary menu while not having to include nutrition labeling in other areas of the store. Furthermore, the bill clarifies that advertisements and posters do not need to be labeled and provides flexibility in disclosing the caloric content for variable menu items that come in different flavors or varieties, and for combination meals. Lastly, the bill ensures that retailers acting in good faith are not penalized for inadvertent errors in complying with the rule and stipulates that individual store locations are not required to have an employee "certify" that the establishment has taken reasonable steps to comply with the requirements.
This legislation is important because it gives retailers the flexibility needed to comply with the menu labeling regulations which will be enforced by the FDA beginning May 7, 2018. Advocacy efforts will now shift to the Senate to encourage passage of companion legislation (S. 261) introduced by Senators Roy Blunt (R-MO) and Angus King (I-ME).
A strong thanks to all PMAA members who notified your representatives and urged their support for the "Common Sense Nutrition Disclosure Act."
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The 2018 PACEshow, the premier Midwest petroleum and convenience exhibition will be held Thursday, February 22nd and Friday, February 23rd in Kansas City, MO.
All successful tradeshows have 2 key components - the number and quality of exhibitors and the number and quality of attendees.As a result:
►Exhibitors. All NPCA associate members should exhibit at the 2018 PACEshow. Your competition will be there, shouldn't you be there to talk to your current clients, meet new clients and see what your competition is up to??? You can bet your competition will be doing all this and more.
►Exhibitors. Please encourage all of your vendors to exhibit at the 2018 PACEshow.
►Attendees. Please mark your calendars and make sure you attend and actively participate in the 2018 PACEshow.
►Attendees. Please encourage all of your key employees to attend and actively participate in the 2018 PACEshow.
Register today at
www.PACEshow.com.
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The House of Representatives will vote on H.R. 620, the "ADA Education and Reform Act," next week. The bill would put teeth back into the rules to deter harmful litigation. The strain of litigation on the parties involved has created an opportunity for those who wish to make a quick buck, particularly in the small business sphere. The mere threat of a lawsuit, even one unsupported by the facts, can force a small business owner to quickly settle a claim. In 2015, 60 Minutes highlighted the rise of "drive by" litigation under the Americans with Disabilities Act (ADA). In some cases, lawyers simply drive down the street, or use Google Maps, to look for any technical violation of the ADA by local businesses. This is quickly followed up by a demand letter to the business.
Business owners should have the confidence to challenge a bogus claim, knowing that they will be compensated for their time and resources spent fighting back. Unfortunately, current litigation rules don't provide much help. Under current law, even if a lawsuit is found to be frivolous, a judge can decide against sanctioning the offending party.
PMAA strongly supports the ADA Education and Reform Act to put a stop to these outrageous lawsuits. Send this letter to encourage your representative to support the bill.
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