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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The following states are auctioning off decanter sets with a bottle of
Basil Hayden Whiskey
in their efforts to raise PMAA SBC PAC funds. The state's decanter set you bid on will receive credit for this contribution. Let the bidding begin...
Reminder, this is a federal PAC, personal funds only.
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HAPPENINGS IN THE NEBRASKA LEGISLATURE THIS WEEK
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LB44 - Adopt the Remote Seller Sales Tax Collection Act.
This week lawmakers advanced from General File LB44, a bill to Adopt the Remote Seller Sales Tax Collection Act.
The bill is intended at collecting state and local sales taxes for purchase that are made online. Under current law, Nebraska residents are obligated to pay either the sales tax on taxable purchases at the time of purchase, or pay a use tax directly to the state through their tax return, which obviously very few do, as the Department of Revenue does not know who owes tax, since it is self-reporting.
(Chart taken from "Push on To Collect Sales Tax Online - Mark Friedman
Feb 6, 2017 - Arkansas Business)
If passed, LB44 would level the playing field between Nebraska based brick-and-mortar businesses and out-of-state online retailers by requiring out-of-state retailers to either collect the taxes due and remit them to the State of Nebraska, or require them to report sales made to Nebraska residents to the Nebraska Department of Revenue.
Under the bill, out-of-state retailers with gross sales over $100,000 in Nebraska or 200 transactions annually would be required to collect and remit the State's sales taxes. If they chose not to collect the tax these out-of-state retailers then would be required to notify both the buyers and the State of Nebraska that the sales tax is due.
While the governor has stated that the passage of LB44 could be viewed by Nebraskans as a tax increase, because it is a tax that is not being collected or paid currently, proponents, brick-and-mortar business say that this is not a new tax, but instead is a mechanism to level the playing field ensuring the tax is paid on all sales regardless of where the purchase is made.
The governor also has concerns over the constitutionality of the bill as some few it is a violation of the U.S. Constitution's commerce clause and that the issue of online sales and taxes applicable to such is an issue that needs to be dealt with on the federal level.
Other aspects of LB44 - If the remote seller refuses to collect Nebraska sales tax:
- The remote seller would have to notify Nebraska purchasers that the sales or use tax is due and that the State of Nebraska requires the purchaser to file a sales or use tax return.
- The remote seller would be subject to a $5 penalty for each failure to notify.
- The remote seller must send notification annually to Nebraska purchasers by January 31 reflecting the total amount of purchases made in the previous year. Failure to send this notification would subject the remote seller to a $10 penalty.
- Finally, the remote seller is required to file an annual statement for each purchaser by March 1 with the Department of Revenue showing the total amount paid in the previous year. Failure to file this annual statement would subject the remote seller to a penalty of $10 for each purchaser that should have been included on the statement."
LB44 appears on the Legislative Agenda for Tuesday, April 18th when lawmakers return to Lincoln.
 The hourglass is running short of sand.
Time is becoming more valuable as the Legislature has only 25 legislative days left until the scheduled June 2nd Sine Die adjournment.
While there are 25 days left in this year's long session, there is still a large amount of work that must be completed, mainly that being of passing a balanced budget, attempts at income (personal and corporate) and property reform, along with changes to the Tax Equity and Educational Opportunities Support Act (TEEOSA) to provide property tax relief.
LB640 is a bill that makes changes to provisions of the Property Tax Credit Act and provides school district property tax relief through:
- Making changes to the statutory maximum levy for school districts will be reduced from $1.05 per $100 of taxable value to $0.987 per $100 of taxable value beginning with fiscal year 2018-19.
- If a temporary reduction of TEEOSA aid occurs, a school district may access up to an additional $0.03 per $100 of taxable value above the statutory maximum levy. A public hearing and a 2/3 majority vote of the board of education is required before a school district may access the additional $0.03. Only 75% of the reduction in TEEOSA aid may be generated with the additional $0.03. The Department of Education will certify the amount of the temporary reduction in aid to each school district. The additional levy (up to $0.03 per $100 of taxable value) is only in effect for that specific school fiscal year.
- A temporary reduction in aid is the amount which aid is reduced for a school district due to any statutory provision that reduces the statewide total amount of TEEOSA aid. A temporary reduction in aid is valid for a specified period of time after which the statutory provision reverts to the provision as it existed prior to the temporary reduction in aid.
- Beginning with tax year 2018 and each tax year thereafter, the Department of Education will certify to the State Treasurer the statewide increase in TEEOSA that results from reducing the statutory maximum levy from $1.05 per $100 of taxable value to $0.987 per $100 of taxable value. The State Treasurer will transfer an amount equal to this increase in TEEOSA aid from the Property Tax Credit Cash Fund to the Tax Equity and Educational Opportunities Fund.
- For tax year 2018 and each tax year thereafter, the amount of property tax relief shall be the amount available in the Property Tax Credit Cash Fund after transferring funds for TEEOSA aid and PTRA.
- A school district will qualify for the School District Property Tax Relief Aid (PTRA) if its general fund property tax receipts exceed 55% of its total general fund revenue. School districts that qualify for the PTRA are required to budget the monies as a revenue source before property taxes.
- For school fiscal year 2018-19 and each school fiscal year thereafter, the Department of Education will calculate a preliminary equalization aid amount to determine if a school district will qualify for an option enrollment relief correction.
- The final calculation of equalization aid will be the difference between total formula needs of a school district and the sum of its total formula resources plus the option enrollment relief correction.
- A school district qualifies for the option enrollment relief correction if it does not qualify for PTRA and its net option funding is greater than 90% of the preliminary state aid calculated for the school fiscal year.
- Preliminary state aid is the sum of the preliminary equalization aid, net option funding, best practices aid, allocated income tax funds and community achievement plan aid.
- The option enrollment relief correction for each qualifying school district is equal $0.63 per $100 dollars of adjusted valuation.
- A school district receiving PTRA will have its budget authority reduced by 25% of to the property tax gap unless an override of all or part of such reduction is accessed by a 2/3 majority vote of the board of education.
LB461, as reported in detail last week, has three main components of tax relief, personal and corporate income along with property tax.
The bill would adjust personal income tax rates, beginning in 2020 and continue provided state revenue growth was at a minimum 3.5% annually, from the current rate of 6.84% to 5.99% for top income earners (more than $29,830 for single filers and $59,660 for couples).
As for corporate income tax rates, they would be reduced for top income earners, those over $100,000, starting in 2019, from 7.81% to 5.99% by 2025, if state revenues grow by more than 4% starting in 2020.
Ag land would be valued for tax purposes, based on the land's income, over an eight-year rolling average, with the goal of ensuring the capitalization rates established in aggregate ag land valuation is between 55% and 65% of market value. The bill would also cap valuation increases at 3.5% starting in 2018.
The bill would also phase out personal exemption credits for higher wage earners; expand earned income tax credits for low-income residents; consolidate the bottom two personal income tax brackets; and partially pay for the tax relief by suspending two state programs, the New Markets Job Growth Investment Act and the Nebraska Job Creation and Mainstreet Revitalization Act.
The Department of Revenue estimates that LB461 will cost approximately $12 million over the next biennium budget, not accounting for any additional state growth of revenue that may be added by these reductions.
It is anticipated that debate on LB461 will begin next week on Friday, April 21st.
The long awaited next state biennium budget is scheduled to be advanced to the floor of the Legislature on Friday of this coming week, which also is the 69th legislative day. By the state constitution, the state's budget must be advanced to the floor of the legislature by the 70th legislative day and passed by the 80th, along with any other appropriations bills, in the odd numbered years.
With the budget going to be advanced from committee, the Appropriations Committee Chair, Senator John Stinner, will be holding a budget briefing for lawmakers on Monday, April 24th prior to the commencement of session.
Debate on the budget is scheduled to begin on April 25th.
In an effort to allow adequate time for floor debate on the budget and priority bills yet to see any floor time, the Speaker will begin "late night sessions" starting with Wednesday of this coming week and again on the following Wednesday, April 26th. He has also informed fellow senators that the entire month of May will be designated as late nights as well, with the exception of the last day of their work week, which he plans to work till midafternoon.
Bills of Interest
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2017 GLW SCHOLARSHIP GOLF OUTING
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FEDERATED INSURANCE SPONSORED WEBINAR - Do You Drive S.A.F.E.? Tuesday, April 18 at 1:00 PM (CT)
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Do You Drive S.A.F.E?
Tuesday, April 18, 2017
(1:00 PM CT)
30 minutes | Complimentary
Advance registration required
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2.4 million injuries and 35,000 deaths. These statistics from 2016 crashes are alarming, and evidence of the growing epidemic on our nation's roadways. April is distracted driving awareness month so we are bringing our new initiative Drive S.A.F.E. to you. This risk management program focuses on SPEED, ATTENTION, FATIGUE AND EMOTION-the four major categories of driving claims we are seeing. Statistics don't lie. Injuries and deaths on the roadways are increasing at an alarming rate. Will you help prevent your employees and loved ones from becoming a statistic?
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Who Should Attend
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- Risk Managers
- Operations Managers
- HR Professionals
- Owners/Operators
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Key Discussion Points
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- Crash statistics and the alarming death trends on our roadways
- Business consequences in hard and soft dollars pertaining to UN-S.A.F.E. driving
- What Driving S.A.F.E. means and what you can do about it
- How your leadership can impact your employees
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After registering, you will receive a confirmation e-mail and calendar appointment.
You may access this and other webinars on federatedinsurance.com.
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Federated Mutual Insurance Company * Federated Service Insurance Company*
Federated Life Insurance Company * Federated Reserve Insurance Company*
federatedinsurance.com | *Not licensed in all states. © 2017 Federated Mutual Insurance Company
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EPA SIGNALS IT MAY AMEND OR ELIMINATE STRICT OZONE STANDARDS ADOPTED BY OBAMA ADMINISTRATION
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The Court of Appeals for the District of Columbia has agreed to delay oral arguments in a lawsuit brought against the EPA's 2015 ozone pollution standard. The ruling is a victory for the Trump Administration which asked for the delay to give the EPA more time to determine whether the rule needs to be changed or eliminated. The standard, finalized under the Obama Administration, lowered the allowable concentration of ozone from 75 parts per billion to 70 parts per billion. The lower ozone emissions would have pushed hundreds of counties nationwide into nonattainment with federal air pollution standards and mandated the introduction of RFG gasoline in many.
PMAA has actively opposed the new ozone standard since it was first proposed due to the expansion of RFG areas. The suit was originally brought by opponents of the new standards. Justice Department lawyers, who only last year were defending the ozone rule, asked for the delay. It is not clear whether the EPA will make major changes to the rule as the Trump Administration has yet to announce any official policy statement on federal ozone standards.
Repealing or changing the rule would require an extensive regulatory process that could take a year or more to complete. The Justice Department told the court in a written brief that "the EPA intends to closely review the 2015 rule, and the prior positions taken by the agency with respect to the 2015 rule may not necessarily reflect its ultimate conclusions after that review is complete." The Court ordered the EPA to report back on its progress within 90 days.
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The Owner-Operator Independent Drivers Association (OOIDA) this week filed a petition asking the United States Supreme Court to hear its lawsuit seeking to overturn the Federal Motor Carrier Safety Administration's (FMCSA) electronic log book (ELD) mandate for recording driver hours of service. The OOIDA lawsuit alleges that the ELD rule is arbitrary and capricious and violates the Fourth Amendment of the U.S. Constitution banning unreasonable search and seizures by the government. The lawsuit argues that the authority of the FMCSA to collect driver data from ELD device is no substitute for obtaining a judicial warrant required by the Fourth Amendment. OOIDA is appealing a decision handed down by the United States Court of Appeals for the 7th Circuit that sided with the FMCSA. The court ruled the ELD rule "is not arbitrary or capricious, nor does it violate the Fourth Amendment." The ELD rule was published in December 2015 and requires motor carriers to equip trucks with electronic log book data recorders to record driver hours of service beginning December 18, 2017.
There are a number of exceptions to the ELD mandate including:
- Drivers operating under the 150-air-mile radius short-haul exception from keeping written log books to record hours of service;
- Drivers who occasionally keep a logbook but do not do so for more than eight days in any 30-day period; and
- Model year 1999 and older trucks.
PMAA has consistently opposed the ELD mandate since it was first proposed and is currently working with the FMCSA to clarify the short haul driver exception to the mandate. Whether the Supreme Court will hear the OOIDA appeal remains uncertain. The Supreme Court receives hundreds of petitions each year but generally hears only a few dozen cases. It requires the vote of four out of the nine justices on the Supreme Court for the case to be heard.
There's no timetable for when the court will make its decision on whether it will hear the case.
This week PMAA joined other associations in a letter to the House and a letter to the Senate. The letters strongly support H.R. 33, the Small Business Regulatory Flexibility Improvements Act, which would reform the regulatory process to ensure that all federal agencies appropriately consider the impact of their rules on small businesses across America. As a result, federal agencies would issue smarter regulations that minimize inefficiencies and unnecessary burdens while still protecting public health, worker safety and the environment.
PMAA supported efforts to pass similar legislation last Congress
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SWIPE FEE LEGISLATION TO BE INTRODUCED SOON
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On Tuesday, it was announced that the House Financial Services Committee Chairman Jeb Hensarling (R-TX) will reintroduce a bill before the end of the month to provide an alternative to the 2010 Dodd-Frank Wall Street Reform Act, known as the "Financial CHOICE Act" which would repeal the Durbin Amendment.
PMAA has been working with the Merchants Payments Coalition (MPC) and meeting with House Financial Services Committee members for the past year to educate members of Congress about the benefits of the Durbin Amendment. Now that we know the legislation includes the provision to strip the Durbin Amendment, we are going to make this a top issue during PMAA's Day on the Hill in May.
Also, please click
here for an update from PMAA General Counsel regarding the credit card interchange fee litigation.
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CONGRESS IN A TWO WEEK RECESS; FEDERAL GOVERNMENT FUNDING TO EXPIRE ON APRIL 28TH
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Since the FY 2017 began on October 1, 2016, Congress has been keeping the government open through a series of stop-gap funding measures known as continuing resolutions (CRs). The last CR was passed in December 2016 which funds the government through April 28, 2017. Currently, Congress is in a two week recess so when they return on April 25th, they will have just four working days to strike a deal to keep the government open.
Bipartisan negotiations are underway on another CR to keep the government running on existing funding levels. Despite their differences, neither parties' leadership has any interest in a government shutdown. However, there are a few factors in the mix that could make striking a deal more easily said than done.
First, President Trump requested that Congress pass a supplemental spending bill to increase defense spending by $30 billion and provide an additional $3 billion in funding to start building the southern border wall that the President promised during his campaign. Under the President's proposal, these increases would be partially offset by $18 billion in cuts to non-defense spending. The proposal has drawn concerns from many sides.
Republican moderates are concerned about the cost of a border wall and cuts in medical research and in other areas of domestic spending that could come back to haunt them in the next election while Democrats will likely oppose a budget deal that makes significant cuts to domestic programs. At this point, it looks like Republican leaders will attempt to deal with the President's request separate and apart from the primary spending deal, in large part because they know that they need the support of at least eight Democrats to pass the bill out of the Senate. The President has not said whether he will sign a bill that does not include his supplemental funding requests. However, if Congress passes a stop-gap bill, vetoing it, and potentially shouldering the full blame for a government shutdown, would be an exceptionally risky and unlikely move for the President.
Adding to the complications, multiple members of the House Freedom Caucus, which played a significant role in derailing the House Republican leadership's recent attempt at healthcare reform, have stated that they will not support a spending bill simply to avoid a shutdown but will instead be looking at the contents of the bill itself.
Our bet is that the Republicans and Democrats will strike a deal to continue existing funding levels and the President will sign it. Whether that deal will extend through the end of FY2017 or come up short, requiring Congress to once again revisit the issue before October, is anyone's guess.
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COLLEGE PEWTER LOGO WHISKEY AND WINE DECANTER SETS FOR PMAA SILENT AUCTION
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PMAA SBC PAC Chairs Brad Bell and Tim Keigher send a big thanks to PMAA Chairman Mark Whitehead for his generous contributions to the PMAA Silent Auction.
The Capitol Decanter Set includes four double highball glasses logoed in pewter with your choice of your favorite collegiate team. Furthermore, the Wine Decanter Set includes a stainless steel chiller and wine glasses also logoed in pewter with your favorite collegiate team.
In addition, a bottle of whiskey and a bottle of wine will be included with the decanter and wine sets. If you love the taste of whiskey you're going to love the taste of Crown Royal XR Whiskey. It is handcrafted with a unique blend that includes one of the final batches of whiskeys from the renowned LaSalle distillery located on the island of Montreal. Experience its sophisticated blend of dried fruits and honey in a harmonious balance with spicy notes of Canadian rye, finishing in a lovely, round taste of raisins, cocoa and brown sugar.
Last year there was tremendous support in contributions for the auction and PMAA SBC PAC Co-Chairs Brad Bell and Tim Keigher urge your participation this year as well! We again thank Lea Wilson, Brad Bell, and the Washington Oil Marketers Association (WOMA) for providing this year's first PMAA Small Business Committee (SBC) PAC Silent Auction item. This is the fourth year in a row that WOMA has been the first contributor to the Silent Auction!
Women, you are going to love the WOMA auction item, and Gentlemen, you are going to want to bid on it for the special woman in your life! WOMA contributed a stunning Fred Meyer Jewelers Kallati white and cocoa diamond® fashion ring in 10K white gold. This fashion ring features a quarter carat total weight round white and cocoa diamonds set in a white gold crossover style design.
The Auction will take place in conjunction with PMAA's Washington Conference on May 17 during the welcome reception.
If you have items that you would like to contribute for the Silent Auction, please contact Sabrina Pitcher or 703-351-8000.
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Federated Insurance's
HR Question of the Month focuses on employment-related practices liability issues. Last month's question was: We post jobs and include the minimum requirements for applying for vacant positions. Based on the job description and when applicable, we also ask for proof of training or coursework. This information is derived from the job description. In the past, the screeners were more liberal and screened in unqualified applicants who either did not meet the minimum requirements and/or did not attach the appropriate documentation. Moving forward, the employer has aligned and posted the jobs accordingly. Is the employer obligated to screen in previous applicants who were screened in from the past? 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.
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FOR IMMEDIATE RELEASE
Friday, April 14, 2017 CONTACT: Pam Campbell 405-270-8617
TENTH DISTRICT ENERGY ACTIVITY CONTINUED TO EXPAND SOLIDLY
Federal Reserve Bank of Kansas City Releases First Quarter Energy Survey
KANSAS CITY, Mo. - The Federal Reserve Bank of Kansas City released the first quarter Energy Survey today. According to Chad Wilkerson, Oklahoma City Branch executive and economist at the Federal Reserve Bank of Kansas City, the survey revealed continued solid growth in Tenth District energy activity.
"Firms' average profitable oil price remained just above $50 per barrel last quarter, supporting a continued increase in drilling," said Wilkerson. "Several contacts expressed concerns about labor shortages limiting near-term growth, but firms overall expected further solid expansion in the months ahead."
The Kansas City Fed's quarterly Tenth District Energy Survey provides information on current and expected activity among energy firms in the Tenth District. The survey monitors oil and gas-related firms located and/or headquartered in the Tenth District, with results based on total firm activity. Survey results reveal changes in several indicators of energy activity, including drilling, capital spending, and employment. Firms also indicate projections for oil and gas prices. All results are diffusion indexes - the percentage of firms indicating increases minus the percentage of firms indicating decreases. A summary of the first quarter survey is attached. Results from past surveys and release dates for future surveys can be found at
https://www.kansascityfed.org/research/indicatorsdata/energy.
The Federal Reserve Bank of Kansas City serves the Tenth Federal Reserve District, encompassing the western third of Missouri; all of Kansas, Colorado, Nebraska, Oklahoma and Wyoming; and the northern half of New Mexico. As part of the nation's central bank, the Bank participates in setting national monetary policy, supervising and regulating numerous commercial banks and bank holding companies, and providing financial services to depository institutions. More information is available online at
www.kansascityfed.org.
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CREDIT: NATSO
Three Senate Democrats are demanding answers from new EPA Administrator Scott Pruitt. Senators Brian Schatz (D-HI), Ed Markey (D-MA) and Sheldon Whitehouse (D-RI) are asking Pruitt to clarify new directives that would overturn long-established EPA procedures. The senators want assurance from Pruitt that the EPA's efforts to roll back regulations will include input from scientists and citizens. This comes as two EPA memoranda were released outlining new procedures for rulemaking.
One memorandum frames the structure of a Regulatory Reform Task Force that will provide recommendations as to which regulations will be modified, repealed or replaced. In their letter to Pruitt, the senators argue that the task force fails to receive input from citizens before a regulation is changed and that the task force will only consider the costs of regulations instead of the benefits. The second memorandum states that all offices within the EPA must submit all steps taken in the regulatory process into a system which is overseen by political appointees in the Office of Policy. However, the senators argue that Pruitt's employees at the EPA lack the scientific knowledge to understand the quality of information behind regulatory actions. The senators also argue that the EPA no longer prioritizes the health of citizens.
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2017-04-11 02:30:40 EDT
Skimming Declines, While Other Fraud Soars in Europe
Skimming is down 20% year-over-year at ATMs in Europe, an early adopter of the
Europay MasterCard Visa technology standards for accepting chip payment cards.
But other forms of ATM fraud there are up -- in some cases by triple-digit
increases, according to a new report.
The European ATM Security Team (EAST), for example, has seen a 287% rise in
what is known as "black box" attacks in Europe.
And ATM-related fraud attacks increased overall by 26% to 23,588 from 18,738 in
2015, driven by a 147% jump in transaction reversal fraud, EAST said in its
2016 European ATM Crime Report.
The statistics are more evidence that while the card industry can see results
boosting security to fight one type of fraud, the crooks continue to actively
find other fraudulent tactics. Other studies in the United States have shown
that the payment card industry has seen increases in card-not-present fraud
such as card fraud online as chip card payment acceptance has grown.
In Europe, EAST reported 58 black box attacks, up from 15 in 2015. A black box
is the connection of an unauthorized device that sends dispense commands
directly to the ATM in an effort to cash out the ATM. "We are pleased to note
that many of these attacks were not successful," said Lachlan Gunn, EAST's
executive director.
Transaction reversal fraud in Europe rose to 12,581 last year from 5,104
incidents in 2015, the report said. In this form of fraud, a criminal
manipulates the ATM cash withdrawal to make it appear that the money was not
dispensed, which generates a reversal message though the thief was able to get
cash.
Physical attacks on ATMs there rose by 12% to 2,974 incidents from 2,657 in
2015. These attacks -- which include "ram raids," explosions and robberies --
can result in harm to people and destruction of property. Explosive attacks
were up 47% year over year to 988 from 673.
The decline continues in skimming theft - which has been a persistent problem
in the United States and especially at the gas pump, EAST reported. Skimming
card incidents in Europe dropped 20% to 3,315 from 4,131 in the prior year.
Last year's total is the lowest number of skimming incidents there since 2005,
the report said.
--Donna Harris, dharris@opisnet.com
Copyright, Oil Price Information Service
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Thank You to NPCA's Partners
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Nebraska Petroleum Marketers and Convenience Store Association | (402) 474-6691 |
www.npcainc.com |
1320 Lincoln Mall, Suite 100B
Lincoln, NE 68508
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