NPCA Member Newsletter March 17, 2017

May 17-19	PMAA Washington Conference & Day on the Hill, Click here for more info
June 6	GLW Scholarship Golf Outing, York, NE
August 2-3	2017 NPCA & NPGA Convention
October 16-17	PMAA Fall Meeting at NACS
February 22-23	2018 PACE Show (Thursday- Friday) PACEshow.com

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.

HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK

Lawmakers completed legislative day 49 of this year's 90-day session this week on Friday, completing the last of the five-day work weeks for the legislature for the remainder of the year. The coming weeks will see lawmakers work either a Monday - Thursday or Tuesday - Friday work weeks, with an occasional off Friday of one week and off Monday of the following, allowing for a four-day weekend.

(photo courtesy of 10/11 - Eamon O'Meara)

A day by day summary of this week's legislative actions:

Monday & Tuesday

Speaker announced his Speaker Priority bills, listed at the end of this report.

Continued filibuster debate from last week on LB368 (Lowe) Change helmet provisions, change passenger age limits, and require eye protection for operators of motorcycles and mopeds. The bill would have:

repealed the current law requiring motor cycle and moped riders, over the age of 21, to wear a helmet while riding in the State of Nebraska.
It would have replaced the helmet requirement with a requirement to wear eye protection, as defined in the bill as glasses that cover the eyes, a protective face shield attached to a helmet, goggles, or a windshield;
Would have not allowed a person under 6 years of age shall be a passenger upon a moped or motorcycle.
On Tuesday, the bill fell one vote short of the required 33 votes to involve Cloture and end the filibuster, thus it is dead.

The Revenue Committee starting to structure their tax package starting with a broad discussion on Tuesday about what the package should contain. The details of what will be contained in the package have yet to be determined, but per committee Chairman, Jim Smith, the bill must encompass both income (individual and corporate) tax relief, as well as property tax relief.

There is divide within the committee on the priorities of the type of tax relief that is need and in what proportions between income and property taxes.

Also, to be considered is how to cover the projected deficit and provide tax relief at the same time, with hopefully no increases or shifting of any current tax

revenues. This will be something to see!

Wednesday

Started the morning by moving a handful of noncontroversial bills from Select File to Final Reading.

Senator Chambers continued his filibuster of LB46, provide for a Choose Life License Plates, by beginning his filibuster of the bill on Select File.

The Revenue Committee advanced LB44, a bill to Adopt the Remote Seller Sales Tax Collection Act to General File. The bill would require online retailers without a physical presence in the state to collect and remit sales tax if their gross revenue exceeds $100,000 annually or they have 200 or more separate sales transactions in the state annually.

If such retailers chose not to collect and remit the sales tax they would be required to file a report to the State Department of Revenue providing detailed sales information to Nebraska residents.

The Governor has made comments on LB44 that he opposes the bill, as it would be a tax increase to Nebraska residents, and that it is up to the federal government to adopt legislation to deal with internet sales.

The Fiscal Office estimates that LB44 would bring in between $30-$40 million in tax revenues. Many others feel it would be significantly more than this amount.

Thursday

Senator Chambers continued his filibuster of LB62, eliminate a prohibition on teachers wearing religious garb, by continuing his filibuster of the bill on Select File. A successful Cloture vote (38 'yes', needed 33) was taken before adjournment and the bill advanced from Select File by with 41(yes), 1 (no), 7 (present and not voting) votes.

Friday

The Legislature started the day off working to adopt their permeant rules. As you recall, lawmakers spent the first 30 days of this year's session floor time debating changes to their rules, before Speaker Scheer got them to agree to a truss of working under the temporary rules that were adopted until the 50th legislative day, which would have been Monday of next week.

Speaker Scheer decided to put the adoption of the parament rules on Friday's agenda in anticipation of Monday's deadline. At the onset of the rules debate on Friday, Speaker Scheer said to his fellow lawmakers that, "We've been working on the floor productively. I have talked with a great number of you in relationship to the rules", and it does not appear that there would be any prolific resolve in continuing debate on the rules at this point. After the withdrawal of approximately 40 amendments filed to the rules, lawmakers adopted permeant rules on a 38-2 vote.

Senator Chambers continued his filibuster of LB46, provide for a Choose Life License Plates, on Select File, before a successful Cloture vote (35-8) was taken and the bill advanced to Final Reading on a voice vote.

Senator Chambers then began his filibuster of LB46A, the bill's appropriation bill of $9,631. The Legislature adjourned for the day before taking any action on the appropriations bill and it is listed first on Monday, March 20th's Legislative Agenda.

The Legislature's Judiciary Committee advanced the medical cannabis bill on this day as well.

Next week will conclude committee hearings, with all day floor debate beginning on March 28th.

2017 Upcoming Hearings
Hearing Date	Bill Number	Introducer	Committee	On Liner
3/23/2017	LB502	Brewer	Judiciary	Adopt the Permit less Concealed Carry Act
3/20/2017	LB503	Brewer	Business & Labor	Prohibit certain provisions in collective-bargaining agreements - public employees. Monitor with legal review.
3/22/2017	LB593	Hughes	Judiciary	Create the offense of criminal trespass to vehicles. Bill adds: For purposes of this section, vehicle includes any vehicle, aircraft, watercraft, or farm implement.
3/22/2017	LB664	Kuehn	Government	Prohibit a political subdivision from using taxes or fees to employ a lobbyist
3/22/2017	LB665	Kuehn	Government	Require a statement of activity regarding certain lobbying activity

2017 Speaker Priority Bills
Bill Number	Introducer	On Liner	2017 Priority	General File	Select File	Final Reading
LB172	Albrecht	Change the Employment Security Law	Speaker
LB180	Bolz	Provide for bridge orders transferring juvenile court jurisdiction of a juvenile to a district court	Speaker
LB639	Bostelman	Change when a preference is required for certain government employment relating to service members and their spouses and veterans	Speaker
LB257	Craighead	Provide for a statute of limitations under the Nebraska Real Estate License Act	Speaker
LB152	Craighead	Change and eliminate provisions relating to the fees for recording and filing certain documents	Speaker
LB97	Crawford	Adopt the Riverfront Development District Act	Speaker
LB253	Crawford	Authorize intergovernmental service agreements under the County Industrial Sewer Construction Act and provide for a special tax levy. Enable interlocal agree.or creation of a public agency - to utilize bond authority to fund a regional wastewater system.	Speaker
LB509	Ebke	Change provisions relating to the issuance of subpoenas. bill allows an attorney to issue a subpoena. The bill moves the contents of Sec. 25-1125 into Sec. 25-1123.	Speaker	3/13/2017
LB389	Friesen	Adopt the Small Wireless Facilities Act	Speaker
LB98	Friesen	Extend certain levy authority for natural resources districts	Speaker	3/15/2017
LB35	Harr	Change provisions relating to the Nebraska Model Business Corporation Act	Speaker
LB317	Hughes	Provide for a re-levy or reassessment of a special assessment for cities of the second class or villages as prescribed	Speaker
LB166	Kolterman	Change provisions of Uniform Controlled Substances Act and Pharmacy Practice Act	Speaker
LB323	Kolterman	Adopt the Palliative Care and Quality of Life Act	Speaker
LB300	Krist	Eliminate the statute of limitations on civil actions for sexual assault of a child	Speaker
LB628	Larson	Prohibit ordinances and resolutions prohibiting certain short-term rentals of residential property	Speaker
LB137	Lindstrom	Adopt the Unclaimed Life Insurance Benefits Act	Speaker	2/1/2017
LB267	Linehan	Change provisions relating to onsite vaccinations at health care facilities	Speaker
LB346	Lowe	Eliminate the requirement for a motor vehicle, motorcycle, or trailer salesperson license	Speaker	2/21/2017
LB296	McCollister	Change immunity provisions with respect to asthma and allergic reactions	Speaker
LB647	Pansing Brooks	Change judges' salaries to $173,694 (2017) & 4176,299 (2019). No fee increase, just general fund dollars.	Speaker	2/22/2017
LB605	Riepe	Change rate provisions relating to the ICF/DD Reimbursement Protection Fund	Speaker
LB151	Stinner	Change and provide for duties of the Auditor of Public Accounts and certain audited entities	Speaker
LB407	Pansing Brooks	Create and provide duties for the Whiteclay Public Health Emergency Task Force	State-Tribal Relations	2/23/2017
LB233	Smith	Change revenue and taxation provisions	Stinner
LB339	Friesen	Merge the Department of Aeronautics into the Department of Roads and rename as the Department of Transportation	Transportation	3/3/2017
LB263	Transportation and Telecommunications Committee	Change provisions relating to vehicle certificates of title, registration, and license plates and provide for implementation of an electronic dealer services system by the DMV. LB's 54, 70,143, 294, 460, 164, 483, 418, and 459 were all amd into LB264	Transportation	3/15/2017
LB590	Crawford	Change state building code provisions	Urban Affiars
LB625	Larson	Change the Property Assessed Clean Energy Act	Urban Affiars
LB427	Vargas	Require breastfeeding accommodations for student-parents	Vargus
LB434	Ebke	Change videoconferencing provisions relating to certain juvenile hearings	Walz
LB44	Watermeier	Adopt the Remote Seller Sales Tax Collection Act. Internet sales tax collection.	Watermeier
LB75	Wayne	Provide for restoration of voting rights upon completion of a felony sentence or probation for a felony	Wayne
LB496	Stinner	Define and redefine terms under the Community Development Law	Williams
LB622	Wishart	Adopt the Medical Cannabis Act	Wishart

To view a listing of all priority bills for the 2017 session go to http://nebraskalegislature.gov/session/priority.php

Bills of Interest

Retailers and Wholesalers of Cigarettes and/or Roll-your-own Tobacco Products

If you have a retail location in Nebraska that sells cigarettes and/or roll-your-own tobacco products, click one of the following for important information:

This policy will take effect July 1, 2017.

TRUMP RELEASES FY 2018 BUDGET BLUEPRINT

This week, President Trump released his proposed $1.1 trillion FY 2018 budget blueprint which involves a $54 billion increase in defense spending and corresponding cuts to non-defense spending. The Pentagon would have a 10 percent ($52.3 billion) increase, and the Department of Homeland Security would have a seven percent ($3 billion) increase.

The "America First" blueprint does not provide the tax revenue, mandatory spending and detail that will be available when the President releases his final full budget request in May.

Of relevance for petroleum marketers, EPA took the biggest hit with a proposed 30 percent reduction in funding. $100 million dollars would be saved by defunding climate change research, regulatory activities and international programs. The Global Climate Change Initiative would be eliminated entirely. The White House plan would reorient EPA's air program to protect the air, "without unduly burdening the American economy." The proposal would also stop funding for the Clean Power Plan and the Energy Star program.

The Department of Transportation funding would be decreased by 12.7 percent and the Department of Energy funding by 5.4 percent. The Advanced Research Projects Agency-Energy, which funds clean energy research would be eliminated entirely, as would the Advanced Technology Vehicle Manufacturing loan program, and the energy loan guarantee operation. DOT would see elimination of funding for commercial flights to rural airports.

PMAA will strongly push back on the proposals to eliminate funding for the Low Income Home Energy Assistance Program (LIHEAP) and the Weatherization Assistance Program. Both programs are vital in serving low income consumers of home heating fuel.

Much of Trump's blueprint is strongly criticized, even by members of his same party. Like all presidential budgets, ultimate passage of the blueprint is not likely, especially provisions such as the elimination of LIHEAP which will not be supported by a majority in the Senate. In both chambers, most domestic programs have bipartisan advocates. And in the Senate, bipartisan support will be imperative because it takes 60 votes to move spending bills past delaying tactics.

FMCSA PERMANENTLY SUSPENDS 2013 AMENDMENTS TO DRIVER 34-HOUR RESTART PROVISIONS

The U.S. Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) is permanently suspending amendments to the 34-hour restart provisions issued in 2013 under U.S. DOT driver hours of service (HOS) regulations. PMAA has been fighting the 2013 restart amendments since they were imposed because they remove much needed flexibility in driver scheduling by requiring longer rest periods between restart of drivers' work week. The amendments required any 34-hour work week restart to include two consecutive 1 a.m. to 5 a.m. rest periods; limited driver's use of restart to once per 168 hours; and required a 30 minute rest break period within the first 8 hours from the time a driver comes on duty. Only the 30 minute rest period remains in effect for long-haul drivers only. The 30 minute break period does not apply to petroleum marketers qualifying for the short-haul driver exception from keeping written hours of service log books. The written log book exception applies if drivers stay within a 100-air mile radius (115.08 statute miles) of their normal reporting location and return to that location at the end of their shift after a maximum 12 hour period on duty.

In response to industry pressure, Congress temporarily suspended the controversial restart amendments in December 2014 as part of the Consolidated and Further Continuing Appropriations Act, 2015. The suspension was to remain in place until the FMCSA conducted a new study to determine whether the 2013 restart amendments actually provided any additional benefits related to driver operation, safety, fatigue and health. The Commercial Motor Vehicle Driver Restart Study, released by the FMCSA last week, concluded that the 2013 restart amendments offered no additional benefits in any of these categories. As a result, the U.S. DOT's Office of Inspector General informed Congress in a letter last week of the study findings and the FMCSA posted a notice on its web site announcing the permanent suspension of the 2013 amendments.

The FMCSA announcement means that the 34-restart provisions in effect before the July 1, 2013 amendments were finalized now apply. Drivers have been operating under those regulations since the Congressional freeze was imposed. The pre-2013 regulations now in effect allow drivers to invoke the 34-hour restart as often as they like without waiting 168 hours between restarts or including two consecutive rest periods between 1:00 a.m. and 5:00 a.m. before returning to duty. A more detailed explanation of the 34 hour restart provision changes will be discussed in a PMAA compliance Bulletin issued later this week.

E15 NOT SAFE FOR OUTDOOR POWER EQUIPMENT

Yesterday, the Outdoor Power Equipment Institute (OPEI) released the results of their nationwide Harris Poll survey of 2,000 Americans showing that most are confused about fuel choices at the pump, and more consumers have incorrectly used an E15 or higher ethanol fuel in an engine not designed for it (five percent this year) compared to three percent in 2015.

In 2014, OPEI launched a " Look Before You Pump" program to help educate consumers on proper fueling and, although more people (44 percent) are paying attention to fuel type that they use than in past years (35 percent in 2015), price continues to drive consumer choice when purchasing gas. In 2016, 69 percent of survey respondents reported choosing the least expensive gas whenever possible (up from 63 percent in 2015).

"Hundreds of millions of pieces of legacy outdoor power equipment products are in use today that are designed and warranted to run on E10 or less fuel. Remember E15 is unlawful to use, according to the Environmental Protection Agency. With higher ethanol blends available for sale, such as E15, E30 and E85, it's up to all of us to educate consumers about selecting the right fuel for the right product. Consumers can no longer assume that what goes in their truck or car is right for their lawn mower, snow blower, chainsaw, generator or other piece of outdoor power equipment," said Kris Kiser, president and CEO of OPEI.

Alarmingly, three in five Americans assume that any gas sold at fueling stations is safe for all of their cars as well as non-road engine products, like boats and mowers (63 percent in 2017, compared to 60 percent in 2016 and 57 percent in 2015).

TRUMP ORDERS REVIEW OF FUEL ECONOMY STANDARDS

On Wednesday, while speaking to a crowd of union workers in Detroit, President Trump said that he would be ordering a review of tough U.S. vehicle fuel-efficiency standards put in place by the Obama administration. Trump stated that he would "ensure that any regulations we have protect and defend your jobs, your factories," and promised he would encourage growth in the U.S. auto sector. Trump added that the White House is "setting up a task force in every federal agency to identify and remove any regulation that undermines American auto production."

Auto industry executives have said they are hopeful the Trump administration will pursue tax and regulatory policies that would benefit U.S. manufacturers. Reopening the fuel efficiency rules put in place by President Obama days before he left office is one of the top items on the auto industry's agenda. Automaker groups have said the Obama rules were too expensive and could cost American jobs.

It could take nearly a year for the review process to play out, so Wednesday's event was essentially a starting point for auto manufacturers to strategize over how government policy will drive technology investment decisions in the auto sector.

TRUMP NOMINATES CFTC CHAIRMAN

This week, President Trump announced his intent to nominate J. Christopher Giancarlo as Chairman of the Commodity Futures Trading Commission (CFTC). Giancarlo has served as a Commissioner at the CFTC since 2014. In January, he was designated as Acting Chairman of the Commission.

Giancarlo received his law degree from the Vanderbilt University School of Law and later served as a corporate partner in the New York law firm of Brown Raysman Millstein Felder & Steiner and then as the Executive Vice President of GFI Group Inc., a financial services firm.

PMAA has met with Giancarlo while he served as commissioner to discuss the importance of position limits in the commodities market.

SENATE HOLDS HEARING ON MODERNIZING AMERICA'S INFRASTRUCTURE

On Tuesday, the Senate Energy and Natural Resources Committee held a hearing to receive testimony from seven different witnesses with ties to the energy industry. The witnesses highlighted the importance of U.S. energy systems, such as pipelines, to the creation of jobs and economic prosperity, as well as the need to streamline the slow permitting processes the nation currently faces for infrastructure projects.

Committee Chairman Lisa Murkowski (R-AK) pointed to the Keystone XL pipeline as an example of a project that was caught up in an excessively long review by the State Department. Chairman Murkowski stated that "energy infrastructure is central to our way of life and our standard of living, but it is almost always an afterthought, until it breaks down." She added that the nation "has seen too often in recent years, making this a perfect time to look at our options to either rebuild, or in many cases build energy infrastructure for the first time."

One witness, Terry O'Sullivan, general president of the Laborers' International Union of North America (LIUNA), discussed LIUNA's support for the development of all domestic energy resources, particularly in offshore Alaska and in the Arctic National Wildlife Refuge (ANWR), and stated how energy infrastructure projects are necessary and can be undertaken while protecting the environment. O'Sullivan said that he appeared at the hearing "to urge Congress and President Trump to reopen the key Arctic and Atlantic offshore areas recently closed off to future leasing."

President Trump has said that he plans on implementing a $1 trillion infrastructure plan that would build/repair roads, bridges, airports and other infrastructure projects. Furthermore, he plans for these projects to be partially financed through tax credits to investors and construction companies. President Trump also signed executive orders on pipeline infrastructure in January, calling for expedited reviews of the Keystone XL and Dakota Access pipelines.

FEDERATED INSURANCE IT'S YOUR LIFE: FINANCIAL ESTATE PLANNING

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Seats are still available for this exclusive event on April 4-5 in Dallas. Get complete details here.

To learn more about PMAA's Corporate Platinum Partner, Meridian Associates, please visit or contact them at 800.728.9008. Meridian Associates is a PMAA Corporate Platinum Partner.

PMAA CORPORATE PLATINUM PARTNER SPOTLIGHT FEATURING: RENEWABLE ENERGY GROUP, INC.

G&D Integrated is in the very competitive freight carrying business. Because its fleet of 400 trucks travels tens of millions of miles annually throughout the U.S., it must get the most out of every fuel dollar. So before considering the switch to B20 fuel, the company conducted its own meticulous research to prove biodiesel would not hurt the performance and fuel efficiency of its fleet. Read more in this case study.

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

PMAA CORPORATE GOLD PARTNER SPOTLIGHT FEATURING: CITGO PETROLEUM

Bundle the Savings

T oday's business owners have a lot of expenses, from product to equipment to labor and more. At CITGO, our programs are specifically designed to help solve operational and retail challenges while keeping the bottom line top of mind. That's why we're offering our branded Marketers and Retailers a "bundle of savings" on Gilbarco Veeder-Root fuel dispensers and point of sale systems from now until June 1.

CITGO Marketers and Retailers can save up to $13,000 per site when purchasing 4 or more Encore® 700 S select models and a Passport POS system, and up to $11,000 per site when purchasing 4 or more Encore® 700 S select models and upgrading to a Passport PX60.

By negotiating with some of the best vendors in the industry, CITGO can offer these types of savings to our branded Marketers and Retailers.

For additional information about CITGO, please visit or contact Alan Flagg. CITGO Petroleum is a PMAA Corporate Gold Partner. Gilbarco Veeder-Root is a PMAA Corporate Silver Partner.

VISA DATA SECURITY WEBINAR ON MARCH 29 AT 10:00am PT

On Wednesday, March 29th, at 10 a.m. Pacific Time, Visa will host a webinar to provide an overview of the risks and benefits third parties may introduce into the payments network, as well as highlight tools and resources available.

This webinar will highlight tools and resources that are available to clients and merchants to mitigate risks when selecting a service provider partner. In addition, Visa will highlight its Third Party Agent Risk Program initiatives, including unregistered agent campaigns and multiple tool enhancements. Please click here to register.

Visa is committed to protecting the payment system. As part of this commitment, Visa regularly posts data security communications on our website. If you have any questions regarding these resources or need more information on protecting your payment card environment, please email cisp@visa.com