newsletter header 
February 23, 2018 | www.npcainc.com
In This Issue
Quick Links
GLW Scholarship
Skimmer Training Presentation
Nebraska UST Operator Training
 2015-2016 GLW Scholarship Winners
Upcoming Events

June 14, 2018 2018 GLW Golf Outing
October 3 & 4, 2018 2018 NPCA & NPGA Joint Convention

The Marketer- NPCA's Quarterly Magazine

Catch up on 
The Marketer Magazine

Click here to view digital copy
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.
 
Thank You to NPCA's Partners

  
  
  
  
  
spirit
  

  




Want to be an NPCA Partner, Contact  Katie Navratil  for details    Click here  for more information.
Click here for George Watters Scholarship Application
Applications due March 15

ANOTHER SUCCESSFUL PACE SHOW IN THE BOOKS!


HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK
This week finalized all priority bill designations with a total of 107 senator, committee and speaker bills/constitutional amendment(s) being designated as so. Below is a listing of those Priority bills that are of "interest".
 
List Priority Bills of Interest
 
LB477 , introduced by Senator McCollister, at the request of NPCA, was chosen as one of the Agricultural Committee's two priority bills.
 
The bill is still in committee and awaits final language adjustments before being advanced to the floor of the Legislature for debate. It is anticipated that common ground can be reached with all within the petroleum industry on a few portions of the bill that need clarification.
 
To view a listing of all 2018 Senator, Committee and Speaker Priority Bills. You may also view them by going to the Nebraska Legislature's website https://nebraskalegislature.gov and click on "Priority Bills".
 
Prioritized
Bill Number
Introducer 
Status 
One liner
Senator Watermeier
Select File
Adopt the Remote Seller Sales Tax Collection Act
Agriculture Committee
Referral
Prohibit certain unlawful acts as prescribed relating to the Weights and Measures Act
Senator Morfeld
Delivered to Governor
Change provisions of the Credit Report Protection Act and the Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006
Education Committee
Referral
Require voter approval for school district building fund levies
Senator Erdman
Referral
Adopt the Property Tax Relief Act
Senator Smith
Referral
Adopt the Nebraska Property Tax Cuts and Opportunities Act, change income tax rates, and eliminate certain exemptions and credits
Business and Labor Committee
General File
Change provisions relating to lump-sum settlements under the Nebraska Workers' Compensation Act
Senator Wishart
Referral
Authorize testing of autonomous vehicles by a city of the primary class on its roadways
Transportation and Telecommunications Committee
Referral
Create the Rural Broadband Study Task Force, change provisions relating to the Nebraska Telecommunications Universal Service Fund, and change powers and duties of the Public Service Commission as prescribed
Senator Hughes
Referral
Provide a super-two rural highway classification and change maximum highway speed limits as prescribed
Senator Brewer
Referral
Change provisions relating to hearings before the Nebraska Power Review Board and electric generation using wind
Senator Briese
Referral
Adopt the Property Tax Request Limitation Act, provide sunset dates for certain tax exemptions and incentives, and change other revenue and taxation provisions
Revenue Committee
General File
Change provisions relating to confidential tax information, refundable income tax credits, and homestead exemptions
Revenue Committee
General File
Change provisions relating to inflation adjustments, personal exemptions, and standard deductions
Speaker Scheer
General File
Change dollar threshold for certain purchasing requirements under the County Purchasing Act
Senator Friesen
Referral
Provide a minimum amount of state aid for each school district
Senator Harr
Referral
Authorize certain tax credits, change the sales tax rate, and provide for school foundation aid and certain grant programs
General Affairs Committee
Referral
Change provisions of the Nebraska Liquor Control Act and music licensing provisions
 
Senators also surpassed the halfway point of the session in days completed, completing day 32 of this 60-day session on Friday of this week. While they have passed the midway point in the number of days completed, they have by no means come close to the half way point on the amount of work that needs yet to be accomplished.
 
This coming week, Monday and Tuesday, will complete the public hearing process with all day floor debate beginning on Wednesday. 

For the remainder of the session lawmakers will concentrate on priority bills, as this is all they will have time left for and there is no guarantee that all priority bills will see floor debate. In an effort to try and allow as many bills as possible to have their "day in court", aka day on the floor, the Speaker announced back in January that he intends to begin "late nights" on March 12. "Late nights" are days in which floor debate will go past the typical 5:00pm adjournment time of all day floor debate and under the Legislative rules can go as late as 11:59pm.
 
As the last few days of hearings near, below are those of interest this coming week.
 
2018 Hearings of Interest
Hearing Date
Bill Number
Introducer
Committee
On Liner
2/26/18
LB1134
Vargas
Business & Labor
Adopt the Nebraska Worker Adjustment and Retraining Notification Act.
 
As stated in the bill's Statement of Intent: "LB1134 establishes the Nebraska Worker Adjustment and Retraining Notification (WARN) Act. The federal WARN act, which requires employers to notify employees and the Department of Labor of planned layoffs of more than 100 workers, has existed since 1988. The Nebraska WARN Act expands on federal law by requiring notification to employees and the Department of Labor of planned layoffs of more than 25 workers."
2/26/18
LB1109
Harr
Business & Labor
Create the Grow Nebraska Through Quality Employment Strategic Partnership.
 
The bill's Statement of Intent describes the purpose of the bill to: "...creates the Grow Nebraska Through Quality Employment Strategic Partnership. The goal of the partnership is to create a statewide strategic plan in order to, among other things, (1) develop a high-quality, high-paid workforce; (2) identify high-demand areas in our workforce; (3) identify barriers to teens and young adults entering into the workforce; and (4) identify workforce supply shortage areas.
2/26/18
LB747
Thibodeau
General Affairs
Provide for bottle clubs under the Nebraska Liquor Control Act.
 
As stated in the bill's Statement of Intent: "Bottle clubs were regulated in Nebraska like bars for over fifty (50) years. In 2004, the Bottle Club license was eliminated, and any existing licenses became Class I Restaurant licensees. The Bottle Club was thought to be an outdated business model and the classic Bottle Club had not existed since the 1980's. There are now businesses which are using the "bring your own booze" model to circumvent the regulatory oversight of a liquor license. This bill addresses that grey area by creating a definition of a Bottle Club and requires a business operating as a Bottle Club to obtain the correct license. It also enhances the penalty for operating a Bottle Club without a license."
2/27/18
LB1088
Wayne
Revenue
Adopt the Nebraska Education Formula and the Remote Seller Sales Tax Collection Act, terminate the Tax Equity and Educational Opportunities Support Act and the Property Tax Credit Act, and eliminate certain tax exemptions.
 
Adopts the Nebraska Education Formula and the Remote Seller Sales Tax Collection Act, terminate the Tax Equity and Educational Opportunities Support Act and the Property Tax Credit Act, and eliminate certain tax exemptions.
 
This bill is 200 pages in length and among some of its provisions:
  • it increases the state sales tax rate by ½% from 5.5% to 6.5%;
  • removes the exemption from sales and use tax for repair and replacement parts of motor vehicles, watercraft, rolling stock (both railroad and common/contract carriers).
  • Eliminates the Property Tax Credit Fund and appropriates any funds in such to the Nebraska Educational Fund that is established in the bill.
  • Adds a similar section to that of LB44 (Internet Sales Tax bill) to collect sales and use tax on internet sales.
  • Removes the same exemptions that are found in LB1021 in reference to fuels, and agricultural equipment for sales and use tax.
  • Makes multiple changes to school aid funding and school/teaching requirements.
2/27/18
LB1026
Wayne
Revenue
Authorize issuance of highway bonds, create a fund, and change existing highway funding provisions. 25% of $$$ goes to expressways and federally funded priority corridors. Remaining 75% to high priority transportation projects, as determined by the NDOT.
2/27/18
LB1021
Schumacher
Revenue
Eliminate certain sales and use tax exemptions. Removes sales tax from unpermitted tractors.
2/27/18
LB941
Wayne
Revenue
Change the calculation of the tax on the average wholesale price of gasoline. Sets the wholesale average at $2.44 per gallon.
 
Of the major items yet to come to the floor of the Unicam are the adjustments to the 2017-2018 and 2018-2019 biennium budget.
 
The Appropriations Committee, according to media sources, by a five to three vote is looking to maintain the current 2% cuts in the current fiscal year's budget.
 
In addition, the committee is looking to recommend 1% budget cuts to the University of Nebraska and state and community colleges for the 2018-2019 fiscal year, as opposed to the 4% cuts recommended by Governor Ricketts in his budget proposal.    
 
Likewise, the committee is looking at reducing the Governor's 4% cuts to state agencies to 2% for the same time period.
 
This action is tentative at this point, as the Nebraska Economic Advisory Board will be meeting this coming week, and exactly how much spending flexibility will be available to the Legislature will be firmed up upon the board's meeting. 
 
Legislative rules require that the bill carrying the adjustments to the two-year budget be on General File by the 40th legislative day, which is March 9th, and such bill be passed by the 50th day, which is March 27th.
 
LB829 , introduced by Senator Erdman and his priority bill, wasintroduced to provide $1.1 billion in property tax relief and heard before the Revenue Committee on January 25th appears to be stalled in committee. Media reports state that the Revenue Committee has informally agreed not to move LB829 to the floor of the Legislature.
 
As stated in the Bill's Statement: "LB 829 is a property tax relief bill. The bill would enable Nebraska property owners to get a credit or refund on their State income tax return equal to 50% of that portion of their 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.
 
LB1090 , a bill introduced by Senator Jim Smith, and moved to General File on February 21st, would make adjustments to Nebraska's tax code in light of the recently passed income tax reform on the federal level. The bill is intended to offset the projected $200 million in state tax increases to Nebraskans as a result of the loss of exemptions in the federal tax policy changes.
 
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."
 
LB1098 , a bill that would make c hanges to the dollar threshold for certain purchasing requirements under the County Purchasing Act, was advanced to General File on Friday of this week.
 
As stated in the bill's Statement of Intent, "The purchase thresholds associated with The County Purchasing Act (23-3101- 23-1115) have been in place since the last adjustment by the legislature in 2003. Since that time there have been significant changes in technology and the overall cost of all types of goods and services. In order to expedite procurement of goods and services, and provide open and fair competition, LB1098 changes "Triggering Dollar Amounts" to the following:
 
-Less than $10,000- (Agency Purchase Authority) No bids required. Current amount is $5,000 -$10,000- $50,000
 
- Request for at least three informal bids. Current amount is $5,000-$20,000
 
-In excess of $50,000- Must be competitively bid. Current amount is $20,000
 
-Purchases cannot be divided into several smaller purchases to avoid competitive bidding."
 

                                             

 

                NPCA 2018 Bills of Interest 
Reminder: Oil Spill Liability Tax Effective March 1st
A tax extenders package was included in the recently-passed budget bill. 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.
Trade Commission Imposes Further Duties on Biodiesel Imports from Argentina and Indonesia
On Wednesday, Secretary of Commerce Wilbur Ross announced the affirmative final determinations in the antidumping duty (AD) investigations of imports of biodiesel from Argentina and Indonesia.

The Commerce Department determined that exporters from Argentina and Indonesia have sold biodiesel in the U.S. at 60.44-86.41 percent and 92.52-276.65 percent less than fair value.

Commerce will now instruct U.S. Customs and Border Protection (CBP) to collect cash deposits from importers of biodiesel from Argentina and Indonesia based on these final rates.

In 2016, imports of biodiesel from Argentina and Indonesia were valued at $1.2 billion and $268 million, respectively.

Enforcement of U.S. trade law is a prime focus of the Trump Administration. From January 20, 2017, through February 20, 2018, the Commerce Department has initiated 102 antidumping and countervailing duty investigations - a 96 percent increase from same period in 2016- 2017.

The AD law provides an internationally accepted mechanism to seek relief from the harmful effects of unfair pricing of imports. Anti-dumping duties are imposed on companies, while countervailing duties are imposed on countries.

In December, the International Trade Commission found enough evidence of injury to U.S. producers to issue final countervailing duties which are 72 percent on imports from Argentina and 35 to 65 percent on imports from Indonesia. Importers had already been required to post cash deposits based on those rates.


According to a recent study performed by Auriemma Consulting Group, 61 percent of the consumers surveyed in the last quarter of 2017 said they use their debit card more than any other credit card, a nine percent increase from 2016. Only 24 percent of the consumers surveyed reported using their credit card more often, an eleven percent decrease from 2016.

Jaclyn Holmes, Payment Insights director at Auriemma, stated that through their research, they have begun to see a sizeable increase in debit card usage and spending over the past two years, as well as an increase in consumer usage of debit cards for online purchases. While credit cards used to be the preferred method of payment of consumers for online purchases, other cards and payment methods have been introduced causing a change in the attitudes of consumers.

Of the 800 consumers surveyed, the study found that 50 percent of them made online purchases with a debit card in the last quarter of 2017, while only 35 percent made online purchases using a credit card. In 2016, around 50 percent of the people surveyed were using credit cards and around 35 percent were using debit cards.

In addition to consumers increasingly preferring to use debit for online purchases, consumers are also beginning to use debit cards for big ticket items more often as well, such as appliances. Of those surveyed in 2015, 58 percent preferred to purchase appliances with a credit card, while 20 percent preferred to use a debit card. However, in 2017, 39 percent preferred to purchase appliances using a credit card, compared to 31 percent who preferred to use a debit card.

PMAA continues to work with the Merchants Payments Coalition (MPC) to protect petroleum marketer's interests.
PMAA's annual Washington Conference and Day on the Hill will be held in Washington, DC from May 16-18. Our industry continues to have dozens of important legislative and regulatory issues to discuss and the Day on the Hill continues to be the primary focus of this conference.

The meeting will begin with an Opening Session / Issues Briefing and Region meetings in the afternoon of May 16. Our welcome reception, including our fun and popular PAC silent auction fundraiser, concludes the day! On the morning of May 17, marketers will head to Capitol Hill for visits with their Congressional delegations after a buffet breakfast and issues briefing for those who were not able to attend the opening session. Please make your Congressional appointments NOW! There will be a hospitality suite and luncheon on the Hill. On the evening of May 17, we will honor our 2018 PMAA Chair Mark McBride. Our conference will conclude after the PMAA Board of Directors meet on May 18 following a buffet breakfast and committee meetings.

Please click here for our event website for all details and registration with secure event payment processing through Cvent. We are expecting fantastic attendance with over 200 members who have made hotel reservations at our Headquarter Hotel with additional members at our overflow hotel and nearly 100 members already registered! If you plan on attending PMAA's annual Washington Conference and Day on the Hill, now is the time to make your room reservation through A Room with a View at 800.780.4343, our free overflow hotel service, as we have sold out of our room block at Washington Marriott at Metro Center and this
will serve as our official waitlist for Washington Marriott at Metro Center.
May is a very busy peak month here in Washington, DC where hotels book quickly and there are many citywide events also going on during our conference.

It is your chance to make a positive difference for our industry! Please make your plans now to attend this important and productive conference to meet with your members of Congress! See you in DC in the Spring!

Federated Insurance is offering complimentary risk management training for petroleum marketers on April 24-26, 2018. Through this valuable session, you will discover methods you can use immediately to help protect profits by reducing risk at your business.

Companies that are the most successful at controlling losses and protecting profits have integrated risk management into their overall company culture. Many have designated a key person as their risk manager. This person is supported by top management and is both responsible and accountable for identifying loss exposures and implementing risk management solutions.

These seminars are designed for individuals in positions of risk leadership including owners, operations management, service management, risk management, or human resources. The key to a successful business is implementing and leading a strong risk management culture, so attendees should be in a position to take action!

Class size is limited to 25. For more information or to reserve your spot in the upcoming session, please contact Royetta Spurgeon at Federated Insurance by calling 507.455.5604, or e-mailing drm@fedins.com.  Federated is a PMAA Corporate Platinum Partner.

Although it varies by industry, claims made by businesses for slip and fall accidents account for more than 20 percent of general liability claims each year, and have an average payout of more than $20,000. Every business has the potential to experience these incidents, but the retail and commercial industries are often prime targets for slips and falls, most likely due in part to their frequent interaction with the public. Likewise, certain times of the year also seem more prone to slip and fall incidents, such as colder months and the autumn and winter holidays. The causes definitely vary, but three particular circumstances commonly increase a business's risk.

Please click here to read the article in its entirety.

For additional information or to discuss further, please contact your Federated regional representative or PMAA's National Account Executive Jerry Leemkuil at 800.533.0472. Federated is a PMAA Corporate Platinum Partner.

Top Takeaways From the 2018 National Biodiesel Conference

The National Biodiesel Board held its annual conference in late January, and a lot of the news and panel discussions included information relevant to petroleum marketers.

In fact, PMAA President Rob Underwood participated in the opening session. He spoke favorably of biodiesel in both on-road and home-heating applications.

"There is room for growth on the biodiesel side," Underwood said. "We're not married to petroleum."

Please read about the top conference takeaways for petroleum marketers here.

For additional information about Renewable Energy Group, Inc., please visit or contact Troy Shoen. Renewable Energy Group is a PMAA Corporate Platinum Partner.

Nebraska Petroleum Marketers and Convenience Store Association | (402) 474-6691 | www.npcainc.com |
1320 Lincoln Mall, Suite 100B
Lincoln, NE 68508