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Home   Membership   Expos   Publications   Knowledge Center   Education   Coffee Service   Gov. Affairs   Career Center Jan. 21, 2011

High Priority: Federal law allows discount for cash transactions in vending
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With the enactment of the federal Dodd-Frank Wall Street Reform and Consumer Protection Act (HR 4173), vending and coffee companies can now offer customers a discount for payments made by cash. Companies may not; however, charge extra for credit or debit transactions. When processing credit or debit cards for transactions, companies may not be allowed to charge an extra fee or a “convenience service” charge above the stated purchase price, as this may violate credit/debit card association regulations. A discount off of the stated vend purchase price is now allowed when cash is used. For additional information contact Ned Monroe at

Congress working to repeal new 1099 IRS provisions
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The U.S. House of Representatives is preparing to debate H.R. 4, which will overturn new IRS 1099 reporting requirements. As currently enacted in the 2010 health care legislation, in 2012 all companies will be required to file 1099 forms with the IRS for transactions cumulatively valued over $600. NAMA supports repealing this expensive new reporting requirement. For additional information contact Ned Monroe at

New interstate trucking rule released
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The U.S. Department of Transportation's Federal Motor Carrier Safety Administration recently published new trucking hours-of-service proposed rules in the Federal Register. A final rule will be published by July 2011. The new proposal eliminates some flexibility to trucking companies that serve shippers and now mandates a one-hour break during a 14-hour on-duty workday. While some important provisions were maintained, like the "34 hour restart," new stipulations will require two consecutive day-off periods from midnight to 6:00 a.m. for drivers. The FMCSA also added a new option of extending a "regional" driver's daily shift to 16 hours twice a week to accommodate for loading and unloading schedules at terminals or ports and allowing drivers to count some time spent parked toward off-duty hours. The proposal did not; however, reach a conclusion on daily driving times and left open for comment whether drivers should be limited to 10 or 11 hours of daily driving time, although the FMSCA stated a preference of a 10-hour limit. A copy of the rulemaking proposal is available on FMCSA's website. A FAQ can be found here. The proposed rules will impact interstate trucking. For additional information contact Ned Monroe at

U.S. House of Representatives votes to repeal health care
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The Republican-led U.S. House of Representatives voted on Wednesday to repeal the federal health care reform bill. This legislation contains requirements that those who own or operate 20 or more vending machines disclose the calories of food and beverages sold in their vending machines. Three Democrats voted with Republicans in the 245 to 189 vote. The repeal effort now moves to the U.S. Senate where it faces little chance of passage. Members of both chambers are also working to reform key components of the health care system and last year's reform legislation. For additional information contact Ned Monroe at

U.S. Mint Director departs
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Ed Moy, the Director of the U.S. Mint, stepped down on Jan. 9, to take a position as the VP of Corporate Infrastructure with L & L Energy Company. Moy was appointed to a five-year term as Mint Director by President George Bush. His term in office was scheduled to end in September 2011. For additional information contact Ned Monroe at

Food prices continue to climb
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The Jan. 13, 2011 edition of The Wall Street Journal reports that the U.S. Agriculture Department has reduced its prediction of staple crops' global harvest. This estimate has helped drive up prices on corn and soybeans. Corn futures have nearly doubled in price since June, while wheat futures are up 80 percent in the last six months. For additional information contact Ned Monroe at

USDA issues draft school meal rules
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A proposed rule from the Department of Agriculture would raise nutritional standards for school meals. The standards would lower sodium, establish maximum calorie levels, lower trans-fat, require only fat-free or low-fat milks, boost whole grains, and add more fruits and vegetables. If approved, they would be the first new standards in the past 15 years. The rules related to meals will require a substantial reduction in sodium over the next ten years to 740 milligrams or less of sodium for grades 9 through 12; 710 milligrams or less for grades 6 through 8; and 640 milligrams or less for kindergarten through fifth grades. It also proposes to establish calorie maximums and minimums for the first time. Calories will be capped for lunch at 550 to 650 calories for kindergarten through fifth grade, 600 to 700 for grades 6 through 8, and 750 to 850 for grades 9 through 12. Additional rules — that will establish standards for all foods sold during the school day, and will impact vending — will be coming next year. For additional information contact Ned Monroe at

President Obama signs executive order requiring regulatory review
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In a positive development, President Obama has signed an executive order calling on federal agencies to study and roll back excessive regulations that could hinder job creation and economic growth. NAMA and many other national trade associations have called on regulatory restraint in the current economic climate. For additional information contact Ned Monroe at

NAMA has fund to elect federal candidates
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Your association has a federal Political Action Committee, the NAMA-PAC, which raises personal donations from individuals at NAMA member companies. The PAC helps elect members of Congress who support the legislative agenda of the vending, coffee and foodservice industries. Your NAMA-PAC is supervised by a bi-partisan team, and donations are approved by members. For additional information on your NAMA-PAC please contact Ned Monroe at

Arizona: AAMC to hold annual legislative breakfast
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The Arizona Automatic Merchandising Council will hold its annual legislative breakfast on Thursday, Feb. 24, at Tom's Tavern in downtown Phoenix at 7:30 a.m. The speaker for the meeting will be Senate Majority Leader Scott Bundgaard. AAMC will hold a Board of Directors meeting in conjunction with the breakfast. For more information contact Sandy Larson at

Arizona: Proof of citizenship for Individuals licensed by the state
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H2102 will require any individual licensed through a state agency, board, department or commission to provide proof of citizenship or alien status showing the individual's lawful presence in the state. For more information contact Sandy Larson at

California: Governor proposes new budget
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The State of California budget proposed by Governor Brown is a mixture of reductions in spending and temporary tax increases. The proposed reductions of over $12 billion include substantial cuts to major programs such as $1.7 billion to Medi-Cal, $1.5 billion to Welfare-to-Work, $1 billion to the UC and CSU, $750 billion to developmental services, and $580 million to state operations and employee compensation. The Governor proposes to maintain K-12 school funding at the same level as 2010-2011. However, to maintain this level of funding for schools and also funding of public safety services at the local level, the budget assumes that the current tax rates will remain constant for the next five years. The revenue solutions of $12 billion include maintaining the temporary tax increases that are set to expire on July 1, by asking the voters in June to maintain these increased sales, and income and vehicle taxes passed in 2009. In addition, the budget proposes to uniformly apply the single sales factor income allocation rules to certain corporate taxpayers and to eliminate an ineffective tax expenditure program. For more information contact Sandy Larson at

Connecticut: Proposed bills would prohibit candy and soda sales on public school property
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Two bills have been introduced in Connecticut which would prohibit public elementary, middle and high schools from selling soda (Bill 164) and candy (Bill 165) from vending machines located in or on school property. For more information contact Pam Gilbert at

Illinois: Governor signs income tax increase into law
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Following Governor Pat Quinn's signature of the new Illinois tax increase legislation, personal state income tax in the state will increase by 67 percent. The increase is effective immediately and will be retroactive to Jan. 1, 2011. The personal income tax rate rises to 5 percent, up from 3 percent, and the corporate income tax rate rises to 7 percent, up from 4.8 percent. The increases will stay at this level for four years and then are scheduled to decrease gradually. Although the increases were passed, state lawmakers failed to approve an $8.7 billion borrowing plan and a $1.01 per pack increase in the cigarette tax, both of which would have generated funds to help cover the state's large budget deficit. For additional information contact Kim Radulski at

Illinois: North Aurora proposes outdoor vending machine ordinance
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An ordinance has been proposed in North Aurora, Ill., that would regulate placement of all outdoor vending machines, including movie rental kiosks. The proposed law would allow these vending machines only on commercial properties. The machines would have to be within 10 feet of a store's exterior wall, but more than five feet from a store's entrance. Each business would be allowed only one outdoor machine on its property and the machine could not be more brightly lit than the building next to it. The village has fielded requests to install outdoor movie kiosks, but the only outdoor vending machines currently in North Aurora are two live-bait dispensers and a soda machine. For additional information contact Kim Radulski at

Michigan: Governor supports elimination of Michigan Business Tax
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Michigan's budget deficit is in the range of $1.5 to $1.8 billion. Governor Brian Calley, Senate Majority Leader, and Speaker all agree regarding the proposed elimination of the Michigan Business Tax — also known as MBT — which will add another $2.1 billion to the deficit. The governor supports replacing the MBT with a 6 percent flat tax. The Speaker hasn't signed on to that plan and the Senate Majority Leader has stated it will be a difficult and challenging year. All three agree, they need to address these challenges as quickly and aggressively as possible, and there seems to be general acceptance that some sort of "revenues" will be reviewed. For more information contact Pam Gilbert at

New York: Bill to prohibit tobacco vending machines within 350 feet of schools, places of worship
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New York Senate Bill 2102, introduced on Jan. 18, would prohibit the operation of vending machines which dispense tobacco products to be within 350 feet of a building occupied exclusively as a school, church, synagogue or other place of worship. For more information contact Pam Gilbert at

New York: Governor Cuomo will take voluntary 5 percent pay cut
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Gov. Andrew Cuomo of New York has announced that he will "lead by example," and reduce his $179,000 annual salary by 5 percent, along with the salaries of the Lt. Governor and other top staff. New York is facing a $10 billion budget gap and Cuomo is seeking concessions from state workers' unions. For more information contact Pam Gilbert at

New York: Minimum wage raised for workers who rely heavily on tips
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New York raised its minimum wage for workers who rely heavily on tips from $4.65 to $5 an hour, and requires those tips be shared among certain other employees. The measure allows restaurants and hotels to determine on their own how the tips are divvied up and distributed among their employees. For more information contact Pam Gilbert at

Ohio: Nationwide Children's Hospital in Columbus to eliminate all sugar-sweetened drinks
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Nationwide Children's Hospital in Columbus, Ohio will eliminate all sugared-sweetened drinks from its campus. This new policy applies to the hospital's cafeterias, gift shops, vending machines, patient room services and on-site catering services. The selection of waters, low-fat milk, pure fruit juices and diet sodas will be expanded, and the cost of bottled water for sale in the cafeteria and food court will decrease. For more information contact Pam Gilbert at

Ohio: State acted legally in using anti-smoking funds for Medicaid and other purposes
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The Ohio Supreme Court has ruled that the state acted legally when it used a fund intended for anti-smoking programs for unrelated health care purposes such as expanding Medicaid coverage. The unanimous ruling was a $230 million victory for former Gov. Ted Strickland, who used the state's tobacco settlement money to partially fund the state budgets in 2008 and 2009. For more information contact Pam Gilbert at

Ohio: State could end fiscal year with $400 million surplus
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Improving tax receipts could lead to a surplus as high as $400 million in Ohio by June 30, 2011 — the end of the current fiscal year. Revenue receipts have outperformed projections and tax receipts have exceeded or met estimates. Personal income tax withholding amounts and non-auto sales tax amounts have grown by 5.5 percent for the income tax and 7.3 percent for the sales tax through the first half of the fiscal year. As of Dec. 31, tax receipts for the general revenue fund were $293.9 million or 3.7 percent over estimates and $511.1 million or 6.7 percent above collections for the same period a year ago. The projection wouldn't solve a revenue shortfall, projected to be as high as $8 billion for the next state budget, but indicates that state tax receipts are headed in the right direction. The potential additional $400 million would be enough to re-establish the state's "rainy day" fund or to pay some unpaid bills. For more information contact Pam Gilbert at

Oregon: Coalition against beverage taxes
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A coalition has been established to oppose any taxes on beverages that might be introduced by the Oregon Legislature or local governments. The coalition wants to send the message to legislators that Oregon citizens cannot afford higher grocery bills that would result from new beverage taxes. Members of the coalition are looking for individuals and companies to join them. More information is available on the coalition's website. For more information contact Sandy Larson at

Rhode Island: Bill would exempt sales tax on most vended sales of $3 or less
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Senate Bill 59, introduced on Jan. 19, would exempt gum, candy, confectionaries and soft drinks sold through vending machines for $3 or less per item from the sales and use tax. For more information contact Pam Gilbert at

Tennessee: NAMA's "Fit Pick" program to be used as model for vending on state property
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On Aug. 6, 2010, Gov. Bredesen of Tennessee issued Executive Order No. 69, an order promoting healthy food and beverage options — commonly known as healthy vending — in Executive Branch state public properties. Members of the Tennessee Automatic Merchandising Association, or TAMA, and its lobbyist, Martha Gentry, along with NAMA members and staff, have been working together to promote the use of NAMA's Fit Pick standards to fulfill this executive order. Specific guidelines, which use the Fit Pick model, have been laid out and the final order was signed for implementation on Jan. 7, 2011 by the Tennessee Finance and Administration Commissioner. For more information contact Mary Lou Monaghan at

Wisconsin: Governor Walker releases draft legislation for tax relief
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Gov. Walker of Wisconsin released draft legislation that will provide tax relief for small businesses with gross receipts of less than $500,000 per year. Under this plan, 98 percent of small businesses would qualify for tax relief. Businesses with gross receipts of no more than $250,000 would be able to claim a credit equal to 15 percent of their tax liability. The credit percentage would decrease gradually as businesses approach the $500,000 limit. Businesses would be able to claim this credit on income earned beginning on Jan. 1, 2011. For additional information contact Kim Radulski at

The National Automatic Merchandising Association

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EASTERN OFFICE: 1600 Wilson Blvd., Ste. 650, Arlington, VA 22209, Voice: 571-346-1900, Fax: 703-836-8262

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WESTERN OFFICE: 150 South Los Robles Avenue, Suite 830, Pasadena, CA 91101, Voice: 626/229-0900, Fax: 626/229-0777

Keeping In Touch With NAMA - Legislative Edition
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