NPCA Member Newsletter March 10, 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 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

As in the upcoming NCAA basketball tournament, the legislative field is now set, as senators and committees had to designate their respective priority bills by Thursday of this week. In addition, senators had to request speaker priority bills by Tuesday of this week with the Speaker announcing his choices on Monday morning of next week.

A Priority Bill is a bill that has priority status and generally is considered ahead of other bills in debate. Each senator may select one priority bill, each committee may select two priority bills, and the speaker may select up to 25 priority bills.

Thus, there will be 109 priority bills (49 senator priority bills, 35 committee priority bills and the forthcoming 25 speaker priority bills) that may or may not see debate on the floor of the legislature this session, depending on time constraints. A complete listing of senator and committee priority bills appears later in this report.

As the halfway point of the session approaches, the 45th legislative day is Monday of next week, we will have two weeks of committee hearings left this session, with all day floor debate beginning on March 28th, the 54th day of this 90-day session.

The beginning of the week saw lawmakers bracket LB181, a bill to expand Nebraska's Workers' Comp program by allow, in a worker's compensation claim, if the physician is selected by the employer or insurer based on the type of claim made, and the employee disputes the diagnosis or treatment plan, that the employee then may ask to seek a second opinion at the employer/worker's compensation carrier's expense, upon application to the worker's compensation court.

The bill, which narrowly advanced from the Business & Labor Committee by a 4-3 vote saw about an hour of floor debate before the sponsor, Senator Quick, filed a bracket motion until January 10, 2018, as he could see the bill was way short of finding the 25 'yes' votes to passes from General File.

Bracketing a bill means that floor consideration of the bill is delayed until a date certain. In this case that is January of next, at which time the bill can be considered for continued floor debate at the discretion of the Speaker.

Senators spent several hours at the end of the week debating a subject matter that has been before the Legislature for the past several years, but has always come up short in garnering the need 25 votes to advance, the repeal of the helmet law, LB368.

As stated in the bill's Statement of Intent, "LB 368 removes the requirement for motorcycle riders 21 and older from having to wear a helmet by allowing them the alternative of wearing eye protection. LB 368 also prohibits a child under the age of six from being a passenger on a motorcycle on any highway in Nebraska."

The opponents of the bill are filibustering the bill to force the proponents to achieve 33 votes (a super majority) to end the filibuster.

Under Speaker Scheer's policy of six hours of debate on General File before "full and fair debate" has been achieved, proponents have approximately four and a half more hours before calling for a Cloture vote. With lawmakers not stating until 10:00am on Monday, to allow for an update on prison reform, the debate will most likely carryover into Tuesday before a Cloture vote is taken.

2017 Upcoming Hearings
Hearing Date	Bill Number	Introducer	Committee	On Liner
3/13/2017	LB473	Walz	Business & Labor	Require rest periods for employees. Requires a fifteen-minute break period for every four hours worked, not including a lunch break period. The bill would require employers to give a paid fifteen-minute rest period for every four hours worked for employees. Employers and employees who have established collective-bargaining agreements would be exempt from the contents of the bill.
3/13/2017	LB436	Ebke	Business & Labor	Change the definition of employer to exclude franchisors for purposes of certain labor statutes. As stated in the bill's Statement of Intent: "LB 436 clarifies in Nebraska Statute that: 1. Persons who work for a franchisee are employees of only the franchisee and 2. Franchisors are not employers of franchisees and are not the employers of employees of a franchisee. This is necessary because recent national developments have suggested that franchisors may be found to be joint employers with franchisees. Franchising is an important business model which provides small business opportunities, creates jobs, and benefits communities throughout the state of Nebraska. Franchisees can own their own businesses but with protections such as brand name recognition and proven methods. Joint employer status of franchisors threatens the independence of franchisees and the entire franchise model.
3/13/2017	LB420	McCollister	Business & Labor	Adopt the Fair Chance Hiring Act. Looks like public safety employees. As stated in the bill's Statement of Intent: " As LB420 would create the Fair Chance Hiring Act and require a prospective employer to evaluate a job applicant's qualifications, without an initial inquiry about the applicant's history of criminal law violations. In effect, it would remove criminal history from having any disqualifying impact, if the applicant is otherwise qualified for the position. LB 420 would provide exceptions for jobs, for which criminal history is a disqualifier under other state or federal law."
3/16/2017	LR17CA	Wayne	Revenue	Constitutional amendment to eliminate requirements that property taxes be levied by valuation uniformly and proportionately.
3/22/2017	LB664	Kuehn	Government	Prohibit a political subdivision from using taxes or fees to employ a lobbyist
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.
3/23/2017	LB502	Brewer	Judiciary	Adopt the Permit less Concealed Carry Act. As stated in the bill's Statement of Intent: "This bill is meant to restore the constitutional rights of Nebraskans to be able to carry a firearm, concealed or open, without being forced to take a State-mandated test and pay a fee. This bill keeps Nebraska's current concealed carry permit system, thus retaining the option of issuing permits that would allow state residents to carry while traveling to other parts of the country that honor Nebraska's current concealed carry permit. This bill does not change the law concerning people currently prohibited from carrying a handgun.

2017 Priority Bills
Bill Number	Introducer	On Liner	2017 Priority
LB9	Krist	Adopt the Radon Resistant New Construction Act	Krist
LB30	Kolterman	Provide for a cash balance benefit plan by cities of the metropolitan and primary classes for certain police officers or firefighters as prescribed	Nebraska Retirement System
LB34	Ebke	Change filing requirements for partisan candidates	Ebke
LB40	Hilkemann	Prohibit use of an interactive wireless communication device by a school bus operator as prescribed	Krist
LB44	Watermeier	Adopt the Remote Seller Sales Tax Collection Act. Internet sales tax collection.	Watermeier
LB68	Hilgers	Prohibit certain regulation of firearms, ammunition, and firearm accessories by counties, cities, and villages as prescribed	Hilgers
LB72	Schumacher	Provide for governmental unit bond priority under the Nebraska Governmental Unit Security Interest Act and rename the act	Banking
LB75	Wayne	Provide for restoration of voting rights upon completion of a felony sentence or probation for a felony	Wayne
LB88	Blood	Provide for temporary credentials under the Uniform Credentialing Act for military spouses	Blood
LB91	Hilkemann	Change provisions relating to infant health screenings	Hilkemann
LB92	Kolterman	Require health carriers to provide coverage for telehealth services	Kolterman
LB122	Pansing Brooks	Provide for family member visitation petitions	Baker
LB144	Friesen	Change agricultural and horticultural adjusted valuations for calculating state aid to schools. Lowers ag land values from its current 70% to 20% over a 4yr period. Triggers more state aid to schools.	Bostelman
LB158	Pansing Brooks	Change provisions relating to appointment of counsel for juveniles	Passing Brooks
LB161	Friesen	Change a carryover period under the Nebraska Advantage Act	Smith
LB173	Morfeld	Prohibit discrimination based upon sexual orientation and gender identity. Monitor with legal review.	Bolz
LB181	Quick	Provide for reimbursement to employees for certain medical examinations under the Nebraska Workers' Compensation Act. Seeks payment for a second medical opinion.	Quick
LB182	Hughes	Change powers and duties of the Department of Environmental Quality under the Drinking Water State Revolving Fund Act	Natural Resources
LB195	Craighead	Require notification following mammography as prescribed	Craighead
LB203	Kuehn	Change provisions relating to maximum annual unemployment benefits and disqualification for benefits. 13-week time disqualification for such claimants, they would be ineligible until they earned at least four times their weekly benefit amount.	Business & Labor
LB207	Krist	Change provisions relating to powers and duties of the Office of Inspector General of Nebraska Child Welfare	Executive Board
LB210	Watermeier	Change standard and quality control provisions relating to legislative performance audit	Legislative Performance Audit
LB217	Harr	Change provisions relating to the accrual of interest on denied and reduced homestead exemptions	Revenue
LB222	Stinner	Change membership and provide, change, and eliminate powers and duties of the Nebraska Tourism Commission	Clements
LB223	Kuehn	Change provisions relating to prescription drug monitoring	Howard
LB225	Crawford	Change provisions relating to alternative response to a report of child abuse or neglect and provide duties for the Department of Health and Human Services	Crawford
LB233	Smith	Change revenue and taxation provisions	Stinner
LB248	Harr	Adopt the Youth Opportunities in Learning and Occupations Act	Harr
LB259	Hansen	Provide for competency determinations in cases pending before county courts	Hansen
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 Department of Motor Vehicles	Transportation
LB265	Friesen	Provide for a minimum amount of state aid based on the number of students in a local system	Briese
LB268	Schumacher	Change court and other provisions relating to medical assistance reimbursement	Schumacher
LB271	Hilgers	Authorize the Department of Roads to assume certain responsibilities under federal environmental laws and provide for limited waiver of the state's sovereign immunity	Geist
LB276	Albrecht	Change provisions relating to hybrid seed corn and provide enforcement powers and judicial remedies	Agriculture
LB289	Pansing Brooks	Change provisions and penalties relating to pandering, human trafficking, labor trafficking, and sex trafficking and prohibit solicitation of a trafficking victim	Judiciary
LB291	Larson	Adopt the Special Economic Impact Zone Act	Larson
LB333	Speaker Scheer	Eliminate an independent review of denial of aid to the disabled	Health
LB335	Speaker Scheer	Change provisions relating to a child care market rate survey	Health
LB337	Smith	Change income tax rates and provide for deferrals of the rate changes. Lowers top income bracket by 1/10th of a percent starting in 2020, if state revenue growth remains at 3.5% or more.	Lindstrom
LB338	Brasch	Adopt the Agricultural Valuation Fairness Act. Changes basis to income producing instead of market value approach.	Brasch
LB339	Friesen	Merge the Department of Aeronautics into the Department of Roads and rename as the Department of Transportation	Transportation
LB340	Murante	Transfer powers and duties from Division of Veterans' Homes of Department of Health and Human Services to Department of Veterans' Affairs	Brewer
LB352	Vargas	Adopt the Wind, Solar, and Fuel Cell Business Financing Act	3/8/2017
LB356	Bolz	Create the Civic Engagement Cash Fund and state intent relating to fund transfers	Appropriations
LB358	McCollister	Change income eligibility provisions relating to the Supplemental Nutrition Assistance Program	McCollister
LB368	Lowe	Change helmet provisions, change passenger age limits, and require eye protection for operators of motorcycles and mopeds	Lowe
LB373	Schumacher	Change and eliminate revenue and taxation provisions -increases ag land valuation to 80% from 75%, construction, and many other items are no longer tax exempt	Legislature's Planning Committee
LB376	Scheer	Donate property to the Northeast Community College Area	Scheer
LB407	Pansing Brooks	Create and provide duties for the Whiteclay Public Health Emergency Task Force	State-Tribal Relations
LB409	Groene	Change the base limitation and local effort rate for school districts	Education
LB415	Kolterman	Provide and change notification requirements and duties and benefits for certain retirement system members, change certain annuity and disability benefit provisions, and provide duties for school districts and the Public Employees Retirement Board relation	Nebraska Retirement System
LB417	Riepe	Change and eliminate provisions relating to public health and welfare	Riepe
LB427	Vargas	Require breastfeeding accommodations for student-parents	Vargas
LB432	Erdman	Eliminate provisions of the Nebraska Budget Act relating to allowances for delinquent taxes and anticipated litigation	Erdman
LB434	Ebke	Change videoconferencing provisions relating to certain juvenile hearings	Walz
LB447	Chambers	Eliminate certain mandatory minimum penalties	Chambers
LB451	Murante	Change various provisions relating to elections as prescribed	Government
LB461	Smith	Correct references to a federal act in a revenue statute	Revenue
LB470	Larson	Change provisions of the Nebraska County and City Lottery Act relating to the manner of play of keno, use of electronic tickets, and authorized methods of payment	General Affairs
LB484	Kolowski	Create the School Financing Review Commission	Kolowski
LB487	Morfeld	Provide exception to certain crimes for persons witnessing or experiencing drug overdoses and provide protection from civil liability for emergency responders and peace officers administering naloxone	Judiciary
LB496	Stinner	Define and redefine terms under the Community Development Law	Williams
LB506	Albrecht	Adopt the Compassion and Care for Medically Challenging Pregnancies Act	Albrecht
LB512	Education Committee	Change provisions related to education	Education
LB518	Williams	Adopt the Rural Workforce Housing Investment Act and transfer funds from the Affordable Housing Trust Fund	Business & Labor
LB535	Hughes	Provide an exception for filing a statement with the register of deeds when recording an oil, gas, or mineral lease	Hughes
LB539	Krist	Change investigation and report provisions relating to the Office of Inspector General of the Nebraska Correctional System	Executive Board
LB543	Watermeier	Change provisions relating to applications and reporting requirements under the Nebraska Advantage Act	Legislative Performance Audit
LB566	Natural Resources Committee	Adopt the Interstate Wildlife Violator Compact	Natural Resources
LB578	McDonnell	Change Medicaid reimbursement provisions relating to ground emergency medical transportation	McDonnell
LB590	Crawford	Change state building code provisions	Urban Affairs
LB595	Groene	Provide for the use of physical force or physical restrain or removal from a class in response to student behavior	Groene
LB600	Agriculture Committee	Change various provisions of the Livestock Brand Act relating to the Nebraska Brand Committee	Agriculture
LB611	Stinner	Require state agencies to provide a federal funding inventory	Appropriations
LB622	Wishart	Adopt the Medical Cannabis Act	Wishart
LB625	Larson	Change the Property Assessed Clean Energy Act	Urban Affairs
LB632	Larson	Change provisions relating to the Nebraska Liquor Control Act and music licensing agencies. Omnibus liquor bill having various components. Among them: clarification of tiers to craft breweries, distribution, and retailers. Max 5 breweries or brew pubs. SD	General Affairs
LB640	Groene	Change provisions of the Property Tax Credit Act and provide school district property tax relief. Reduces levy limit to $1/$100 in valuation.	Friesen
LB641	Morfeld	Create a Bioscience Innovation Program	Morfeld
LB644	Government, Military and Veterans Affairs Committee	Provide, change, and eliminate provisions governing boards, commissions, and similar entities	Government
LB651	Linehan	Adopt the Nebraska Reading Improvement Act	Linehan
LB661	Kuehn	Provide for confidentiality of information relating to performing a lethal injection	Kuehn

Bills of Interest

GEORGE L. WATTERS SCHOLARSHIP

SHARE WITH EMPLOYEES- DEADLINE MARCH 15

George L. Watters Scholarship

Amount: $1,000 minimum

Deadline is March 15th

Click Here to Apply

Eligibility : Graduating seniors from any high school in Nebraska

Criteria: Offspring of a Nebraska Petroleum Marketer or their employee, will attend college in Nebraska, upper 1/3 of high school class. The George L. Watters Memorial Scholarship was established in 1988. George Watters was an outstanding and well-respected representative of the petroleum marketing industry. Following his death several years ago, the Nebraska Petroleum Marketers Association established this scholarship to properly recall George's leadership and integrity in the field. The Nebraska Petroleum Marketers, a member of the Petroleum Marketers Association of America, seeks to unify petroleum marketers throughout the state to effectively further the common interests of the petroleum marketing industry.

Road De-Icers Cause $3 Billion Annually in Vehicle Rust Damage

Seventy percent of U.S. drivers at risk for costly, dangerous rust damage

ORLANDO, Fla. (Feb. 21, 2017) - As the end of winter approaches, millions of Americans will face pricey vehicle repairs from rust damage caused by chemicals used to de-ice roadways. According to a new AAA survey, U.S. drivers paid an estimated $15.4 billion in rust repairs caused by de-icing methods over the last five years, or approximately $3 billion annually. AAA warns drivers, especially the 70 percent (150 million) who live in areas affected by snow and ice, to take action to prevent dangerous rust-related vehicle damage to brake lines, fuel tanks, exhaust systems and other critical vehicle components.

"While the application of de-icing salts and solutions is critical to keeping our nation's roadways safe every winter, it's important that drivers pay attention to warning signs that their vehicle may be suffering from rust-related damage," said John Nielsen, AAA's managing director of Automotive Engineering and Repair. "This can be much more than a cosmetic issue, it can also create serious safety issues for drivers by impacting brake lines, exhaust systems, fuel tanks and electrical connections."

AAA strongly urges drivers who experience any of the following vehicle malfunctions to immediately move the vehicle off the road to a safe location and have it towed to a trusted repair facility.

In-dash warning lights for brakes and other critical systems.
A "spongey" or soft feeling when applying pressure to the brake pedal.
An unusually loud exhaust sound or the smell of fumes in or around the vehicle.
The prominent smell of gasoline or diesel fuel when the vehicle is parked or running.

In recent years, many state and local transportation departments have shifted from using rock salt to liquid de-icers to combat ice and snow on the roadways. These newer alternatives are more effective than traditional salt because they can be applied before a snowstorm, have a lower freezing point and melt ice and snow faster. However, these same characteristics can be even more damaging to vehicles since the chemicals remain in liquid form longer and are more likely to coat components and seep into cracks and crevices where corrosion can accelerate.

"In the last five years, 22 million U.S. drivers have experienced rust damage to their cars due to salt and liquid de-icers," continued Nielsen. "In addition to the safety risk, repairs to fix these problems are often costly, averaging almost $500 per occurrence."

While some rust damage is unavoidable, AAA recommends drivers take the following preventative steps in order to reduce the possibility of vehicle damage:

When possible, limit driving immediately before, during and after winter storms when salt and de-icing solutions are being applied and are at their highest concentrations.
Frequently wash your vehicle, paying particular attention to the undercarriage. This will loosen, dissolve and neutralize road salts. Many drive-through car washes offer an undercarriage rinse as an option.
Always use a high-quality car wash solution, not a household dish detergent that will strip the wax from your vehicle.
Repair any body damage and touch up paint scratches and chips that expose bare metal which could lead to rust.
Before the start of winter, thoroughly wash and clean your vehicle prior to the start of winter and apply a coat of wax to protect the finish.
Give the entire vehicle and undercarriage one last cleaning in the spring. Any deposits left over from winter can continue to cause corrosion year-round if not properly removed.

Pothole damage is another concern for drivers, as snow and ice melt and roadways begin to crumble. A new AAA survey found that nearly 30 million U.S. drivers experienced pothole damage significant enough to require repair in 2016, with repair bills ranging from under $250 to more than $1000. To address this issue, AAA believes that more funding is needed to keep pace with critical repairs and ongoing maintenance of the nation's roadways.

When pothole or rust damage occurs, it is imperative to choose a reputable repair facility. The AAA Approved Auto Repair (AAR) network includes nearly 7,000 facilities which have met AAA's high standards, including, certifications, technical training, cleanliness, insurance requirements, rigorous inspections and customer satisfaction. AAA members are eligible for special benefits such as priority service, a 24-month/24,000-mile warranty, discounts, free inspections, dispute resolution assistance and more. To locate an AAR shop in your area, visit AAA.com/AutoRepair.

As North America's largest motoring and leisure travel organization, AAA provides more than 56 million members with travel, insurance, financial and automotive-related services. Since its founding in 1902, the not-for-profit, fully tax-paying AAA has been a leader and advocate for the safety and security of all travelers. Motorists can map a route, identify gas prices, find discounts, book a hotel and access AAA roadside assistance with the AAA Mobile app for iPhone, iPad and Android. Learn more at AAA.com/mobile. AAA clubs can be visited on the Internet at AAA.com.

IRS LEVIES HEFTY FINES FOR FAILURE TO DISPLAY DISPENSER TAX LABELS

PMAA is continuing to receive calls about IRS enforcement of dispenser labeling requirements. IRS fines for incorrect or missing labels are significant. The IRS requires all dyed diesel and dyed kerosene dispensers to have a specific label indicating that the fuel is for nontaxable use only. The labeling requirement has been in place for diesel dyed diesel dispensers since 1993 and for dyed and clear kerosene dispensers since 1998. The IRS has recently stepped up enforcement of the dispenser label requirements nationwide. The following IRS labels must be posted on any retail dispenser or other delivery facility (skid tank, consumer dispensers at bulk plants or card locks) where dyed diesel fuel and/or dyed kerosene are dispensed for use by a purchaser/consumer:

"DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE" or

"DYED KEROSENE, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE".

In addition, the following label must be posted on all blocked pumps that sell clear, untaxed kerosene:

"UNDYED UNTAXED KEROSENE, NONTAXABLE USE ONLY".

The labels must be affixed to the dispenser in a conspicuous place within easy sight of the person dispensing the fuel either on the face of the dispenser (on both sides) or on the side of the dispenser just above the nozzle housing.

The penalty for failing to display the dyed fuel notification is severe. Any seller that fails to post the required labels on any applicable dispenser is presumed to know that the fuel will not be used for a nontaxable use and may be responsible for paying the 24.4 cpg federal excise tax on the fuel (the back-up tax) and assessed a $10 fine for every gallon of fuel in the tank at the time of the violation. Heating oil dealers and petroleum marketers should check dyed diesel fuel, dyed kerosene and clear, untaxed kerosene dispensers for the proper IRS labels.

IRS Dispenser labels are sold my most petroleum advertising companies. Here are two:

http://www.gasolineadvertising.com/product/FSD/Pump_IRSA.php

http://www.unitedsign.com/Kerosene-Decals-s/1997.htm

For more information contact Mark S. Morgan, PMAA Regulatory Counsel at mmorgan@pmaa.org

REPUBLICANS BEGIN TO MOVE ON OBAMACARE REPLACEMENT

Earlier this week, House Republicans released their long-awaited healthcare plan which would replace Obamacare. The "American Health Care Act" would eliminate the requirements that all Americans obtain coverage or pay a tax penalty and that businesses with at least 50 employees provide insurance. The plan would also replace income-based subsidies with refundable tax credits based on age and income, impose a 30 percent surcharge if people buy a plan after allowing their coverage to lapse, and phase out the law's Medicaid funding over time. Furthermore, the legislation would preserve two features of Obamacare, including letting young adults stay on their parents' health plans until age 26 and forbidding insurers to deny coverage or charge more to people with preexisting medical conditions.

However, not all Republicans support the current plan for various reasons. Some hard line conservatives are worried about the cost of the plan and how it might create a new federal entitlement. More moderate Republicans want to make sure their constituents who received affordable healthcare under Obamacare continue to receive affordable coverage, including those who received Medicaid.

This week, the House Ways and Means Committee voted 23 to 16, and the House Energy and Commerce Committee voted 31-23 to advance the American Health Care Act, giving the plans' backers their first procedural victory. It is unclear if the current plan will have the votes to pass the House. If it does pass the House, the Senate has already stated that some changes will have to be made. Therefore, the process of passing this bill could be a lengthy one.

DOT REPORT FOUND NO BENEFIT TO 34 HOUR RESTARTS

On Monday, the DOT Inspector General sent a letter to Transportation Secretary Elaine Chao and Congressional appropriators on the outcome of the Department's required 34-hour restarts study.

Confirming what petroleum marketers have long believed, the finding was no net benefit due to the restart regulation's effect on driver operations, fatigue, health, longevity and safety. According to the study, truckers abiding by the July 1, 2013, regulations, those requiring the early morning periods to be included in the restart, operated no more safely than truckers not abiding by the rules.

Congress suspended the 1 a.m. to 5 a.m. requirement and the once-weekly limit in December 2014, pending the issuance of the study. Furthermore, the FY 2017 continuing resolution (CR) dictated the removal of the 1 a.m. to 5 a.m. provision and the removal of the once-weekly limit. The 2017 CR also ensured that the rule in effect preceding the 2013 update would be applied if the study failed to show net benefits.

As a consequence, 34-hour restarts will not require two 1 a.m. to 5 a.m. periods and will not be subject to a once-weekly limit.

The Federal Motor Carrier Safety Administration will need to issue a formal notice to permanently remove the rules, but petroleum marketers should continue to operate as they have been since December 2014.

DAKOTA ACCESS PIPELINE OPERATIONAL SOON

On Tuesday, U.S. District Judge James Boasberg in Washington rejected the latest effort to prevent completion of the Dakota Access Pipeline. The Judge denied the Cheyenne River Indian tribe request to stop construction because the pipeline violated its members' religious freedom. As a consequence of the Judges' decision, Energy Transfer Partners announced that the pipeline should become operational this month, possibly as early as next week.

The pipeline, which is strongly supported by PMAA, will transport 500,000 barrels of crude oil daily from western North Dakota to Patoka, Illinois.

NORTH CENTRAL REGION SENATORS INTRODUCE BILL TO EXPAND MARKET FOR BIOFUELS

Last week, Senators Grassley (R-IA), Fischer (R-NE) and Donnelly (D-IN) introduced a bill known as the "Consumer and Fuel Retailer Choice Act" which would extend the reid vapor pressure (RVP) waiver to ethanol blends above 10 percent. The bill would allow retailers across the country to sell E15 and other higher-ethanol/gasoline fuel blends year-round. Each year, the EPA regulates RVP for gasoline and gasoline-ethanol blended from June 1 until September 15. During these months, the EPA restricts the retail sale of fuels with ethanol above 10 percent.

PMAA opposes this bill due to concerns with compatibility and liability issues with any fuel above an E10 blend. PMAA will continue to pursue a cap on the maximum amount of ethanol blended into gasoline at 9.7 percent because PMAA believes that capping the ethanol mandate at this level is the most effective way to lower the value of RINS and, in turn, allow small business retailers to compete on a level playing field.

FEDERATED INSURANCE EMPLOYMENT PRACTICES NETWORK HR QUESTION OF THE MONTH

Federated Insurance's HR Question of the Month focuses on employment-related practices liability issues. January's topic was: Our company recently made some changes, and we no longer have more than 50 employees. How do we handle our prior FMLA obligations (50 or more employees)? Do we have to wait a certain time period before we no longer are required to provide FMLA leave? Please click here to read the response.

For additional information or to discuss this in further detail, 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.

PMAA CORPORATE PLATINUM PARTNER SPOTLIGHT FEATURING: MERIDIAN ASSOCIATES, INC.

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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 GOLD PARTNER SPOTLIGHT FEATURING: PATRIOT CAPITAL

EMV 2020 - Is waiting the right strategy for your business?

The extension of the EMV forecourt liability shift to October 2020 has resulted in dealers revisiting their upgrade plans. Is waiting until 2020, upgrading now, or another strategy the best approach for your business. To help develop your strategy, this checklist presents some of the considerations that will help you and your dealers determine what they should do.

With an estimated 50 percent of sites being able to accept EMV cards at the pump by the end of next year, sites that haven't upgraded may be exposed to several risks beyond card fraud. This recent CSP article provides insights into what the risks of postponing upgrades may be.

For additional information or to discuss further, please visit or contact Richard Browne, Vice-President of Marketing, at 404.977.1251. Patriot Capital is a PMAA Corporate Gold Partner.