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NAMA victory! IRS 1099 Repeal Bill passes US House of Representatives

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In a victory for NAMA and other small businesses, the U.S. House of Representatives voted on Thursday, March 4, to repeal new IRS 1099 reporting burdens. The repeal legislation drew bipartisan support. Rep. Dan Lungren's HR 4, the Small Business Paperwork Mandate Elimination Act of 2011, repeals the requirement that businesses file a 1099 form for any cumulative transactions over $600 a year. The legislation would pay for the $17 billion cost by requiring people making 400 percent of the federal poverty limit to repay health insurance exchange subsidies if their income increases over the course of a year. The U.S. Senate has already passed an amendment repealing the 1099 as part of the FAA Reauthorization bill, so the next step in the legislative process should be a conference committee. The conference committee will work to negotiate the differences in the House and Senate legislation. The House version is controversial and opposed by the Obama administration, so the path to final implementation remains somewhat uncertain. The bottom line? It is good news that 1099 repeal continues to move forward, and NAMA will continue to push for repeal of this costly new small business burden prior to the burden starting on Jan. 1, 2012. For additional information contact Ned Monroe at nmonroe@vending.org.


The Department of Justice ADA regulations effective in March
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The U.S. Department of Justice's new regulations related to side reach regulations, which may impact vending machines, become effective in March 2011. The regulations can be viewed here. "The reach range requirements have been changed to provide that the side reach range must now be no higher than 48 inches, instead of 54 inches, and no lower than 15 inches, instead of 9 inches. The side reach requirements apply to operable parts on accessible elements, to elements located on accessible routes, and to elements in accessible rooms and spaces.” The rules become effective on March 15, 2011 and enforcement will begin on March 15, 2012. For additional information contact Ned Monroe at nmonroe@vending.org.


FDA poised to release calorie disclosure regulations
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The Food and Drug Administration, also known as the FDA, is scheduled to release vending calorie disclosure rules by March 23, 2011, but final rules won’t be put into place until 2012. They have issued information which indicates that no enforcement of calorie disclosure in vending regulations will occur until 2012. “In the Federal Register of Jan. 25, 2011 — 76 FR 4360 — the FDA announced the withdrawal of this draft guidance and its intention to complete the notice-and-comment rulemaking process for section 4205 before initiating enforcement activities based, in part, on extensive comments on the draft guidance submitted to the Agency." For additional information contact Ned Monroe at nmonroe@vending.org.



Consumer confidence is up for fifth straight month
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The Conference Board reports that its Consumer Confidence Index climbed to 70.4 this month, up from a revised 64.8 in January, hitting its highest level since February 2008. This is the fifth consecutive monthly increase. They predict that with taxpayers receiving slightly more money in their paychecks in January after a cut to the federal Social Security tax, consumers could increase spending in the coming quarters. For additional information please contact Ned Monroe at nmonroe@vending.org.


NAMA offering legislative insights at OneShow
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On Wednesday, April 27 from 7:30 a.m. until 12:15 p.m., NAMA will again hold its annual Government Affairs Symposium in conjunction with the NAMA OneShow in Chicago. Members who are interested in government's growing involvement in your company's bottom-line should attend the sessions. State council leaders, officers, staff, lobbyists and NAMA leaders should attend the entire track of educational events. In particular, plan your travel now so you can attend three important sessions which will directly impact your bottom line. Click here for more information.
    • 9:00 a.m. – 9:45 a.m. - How Can Vending Operators Comply With FDA Required Calorie Disclosure in Vending, with Felicia Billingslea, Director of the Food Labeling and Standards Staff in the Office of Nutrition, Labeling and Dietary Supplements at the U.S. Food and Drug Administration.
    • 9:45 a.m. – 10:30 a.m. - What Impact Does The New Americans With Disability Act Regulations Have On Vending with Barbara Elkin, Attorney-Advisor, Disability Rights Section, U.S. Department of Justice Civil Rights Division
    • 10:30 a.m. – 11:00 a.m. - Economic Incentives, Tax Breaks, Credits and SBA Programs…What Can We Do To Help Vending And Coffee Companies Grow And Prosper, with Jonathan T. Howe, President and a Senior and Founding Partner of Howe & Hutton, Ltd., Chicago, Illinois and Judith A. Roussel, Illinois District Director of the U.S. Small Business Administration.




Arkansas: AVC 2011 Convention and Membership Meeting
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AVC, the Arkansas Vending Council, invites you to the AVC 2011 Annual Membership Meeting and Convention in Hot Springs, Ark., March 31st & April 1st. This two day event is packed with education, entertainment, networking and fun! For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Connecticut: Governor's plan maintains existing vending tax exemption
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Governor Malloy announced a two-year budget plan to close the state's $3.2 billion deficit. The new fiscal year, beginning July 1, includes a $17.9 billion budget. The following fiscal year increases spending to $18.4 billion. The Connecticut Vending Association is one of many industries in the state that has been striving to maintain its current tax exemption. CVA has worked diligently to emphasize to state lawmakers the vending industry’s contribution to the economy and the hardship that higher taxes would create. For more information contact Pam Gilbert at pgilbert@vending.org.


Florida, Tennessee, Ohio and New Jersey: Granted health insurance waivers
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The Obama administration has granted broad waivers to the above four states that will allow health insurance providers to continue offering "limited-benefit plans," which provide less generous benefits than required by the new federal health care law. U.S. Rep. Henry A. Waxman, the ranking Democrat on the House Energy and Commerce Committee, said the limited-benefit plans were inadequate, but the waivers would allow "a smooth transition between now and 2014," when insurers and employers will be barred from imposing limits on the dollar value of benefits. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Indiana: Clinton County Health Coalition receives federal grant to focus on health
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Healthy Communities Clinton County has received a $64,000 grant from the Centers for Disease Control and Prevention, one of 40 programs chosen nationwide and the only program selected from Indiana. A coalition spokeswoman said the goal of the grant is to improve the health of residents in Clinton County, which will be accomplished through a combination of policy, system and environmental changes designed to reduce obesity and tobacco use, along with other issues. Under the new grant, the first step is to develop a community health response team that will oversee the implementation of the grant. The members of the response team will include local legislators, educators and health care providers. For additional information contact Kim Radulski at kradulski@vending.org.


Iowa: House passes cut to individual income tax brackets
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The Iowa House of Representatives, controlled by Republicans, has passed a bill that would lower each of the state's nine individual income tax brackets by 20 percent. The House believes the passage of this bill would assist with tax relief and job creation, although the bill faces opposition in the Democrat-controlled Senate. For additional information contact Kim Radulski at kradulski@vending.org.


Iowa: IAMA sets annual meeting
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The Iowa Automatic Merchandising Association, or IAMA, will hold its annual membership meeting on Friday, March 18 in Des Moines, Iowa. The business meeting will take place from 2 p.m. – 5 p.m. at the Holiday Inn at Merle Hay Road. Cocktails and dinner will follow. For additional information contact Kim Radulski at kradulski@vending.org.


Kentucky: Threatens to oust the EPA
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Kentucky's Senate Natural Resources and Energy Committee approved a resolution last week declaring the state a "sanctuary," exempt from Environmental Protection Agency oversight. The measure — SJR 99 — comes as the EPA is proposing a regulation to protect streams from coal mining operations that could eliminate thousands of jobs and cut coal production across the country. Republicans and Democrats have denounced the agency. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Maryland: Bill would alter procurement and preferences for blind industries and services of Maryland
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SB 928, introduced last week, would allow the preference to apply to the Blind Industries and Services of Maryland when providing certain vending machine supplies and services or subcontracting for the vending machine supplies and services under certain circumstances. For more information contact Pam Gilbert at pgilbert@vending.org.


Minnesota: Governor proposes income tax increase
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Governor Mark Dayton has proposed a tax increase for the state's top income bracket, which he believes will help close a $6.2 billion budget deficit. Governor Dayton would like to impose a temporary surcharge of 3 percent on taxable incomes higher than $500,000, which would raise the state's highest tax rate to 13.95 percent and make it the highest in the nation. For additional information contact Kim Radulski at kradulski@vending.org.


Mississippi: MAMA's Annual Lobbyist Luncheon
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Join the Mississippi Automatic Merchandising Association for the MAMA Annual Lobbyist Luncheon on March 14 from 11:30 a.m. - 2:30 p.m. at Uncle Buck's Restaurant, located in the Bass Pro Shop in Pearl, Miss. Ron Aldridge, MAMA Lobbyist, provide an update on legislation in 2011 that may affect the vending industry and a company's bottom line. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


New York: Amendment to prohibit vending sales of certain foods on school property
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SB 3468 states that every effort shall be made to stock vending machines on public school property or grounds with foods and beverage to contribute to the nutritional well being of students. During the school day, vending machine may not sell candy, gum, candy-coated popcorn, sweetened beverages, including artificial sweeteners or beverages containing caffeine to students. Sales of flavored milks and juices are not restricted. For more information contact Pam Gilbert at pgilbert@vending.org.


New York: Bill would exempt sales tax on food and beverages sold from vending machines for $1.50 or less
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SB 3445 would raise the tax exemption of food and drinks sold from vending machines. Currently, vending sales of $.75 or less are exempt from sales tax. The amendment would raise the tax exemption on vended food and beverage sales of $1.50 or less. The New York State Vending Association promotes and supports this amendment. For more information contact Pam Gilbert at pgilbert@vending.org.


Ohio: Cleveland health initiative would restrict sugared drinks and trans-fats from machines
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"Healthy Cleveland," a program being developed by the City of Cleveland and the county's four main health care institutions, includes removing sugar-based drinks and trans-fat foods from machines in city-owned buildings. The plan also includes smoking restrictions, changes in behavioral health and promotion of exercise programs. The resolution will be introduced at a City Council meeting this week. For more information contact Pam Gilbert at pgilbert@vending.org.


Ohio: Local vending food service fee increase limited to 1.5 percent in 2011
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The Ohio Automatic Merchandising Association advises vending operators to make sure they are not charged more than a 1.5 percent increase for local license fees. Several districts in the state have increased the fee by 2.7 percent which was last year's rate. Section 3717.07 (B) (7) of the Ohio Revised Code places a cap or ceiling on the local health department's portion of the Vending Machine Food Service Operation License Fee. The maximum amount that a Vending Machine Food Service Operation License Fee may be increased is limited to the percentage of increase in the Consumer Price Index for all urban consumers (United States City Average, all items) for the immediately preceding calendar year. THE NEW CONSUMER PRICE INDEX IS 1.5 PERCENT. License fees are due March 1. If you have questions, please contact the Food Safety Program at (614) 466-1390. For more information contact Pam Gilbert at pgilbert@vending.org.


Pennsylvania: York City Council votes to ban outdoor vending machines
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The York City Council voted unanimously to approve several changes to the city's proposed zoning law that includes a ban on outdoor vending machines citywide. The amendments must still be written into the law by city planning staff and reviewed by the York County Planning Commission. The ordinance defines a vending machine as any device intended to dispense a product with or without a fee, specifically soda machines, candy and snack machines and newspaper boxes. For more information contact Pam Gilbert at pgilbert@vending.org.


Texas: Lawmaker introduces bill that would raise sales tax for two years
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Texas House Bill 1597, which was introduced last week, would temporarily raise the sales tax in Texas by two cents for two years. The extra money would be exclusively dedicated to reducing the proposed $10 billion cuts to public education in the new budget bill. The increase would expire on Sept. 1, 2013. For more information contact Sandy Larson at slarson@vending.org.


Washington: State food policy bill fails
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Washington HB 1801, which would have set nutritional guidelines for beverages and snacks available to state employees, has failed at the committee level. If passed this bill would have restricted the items that could be sold through vending machines on state property. For more information contact Sandy Larson at slarson@vending.org.


Wisconsin: Protests continue as assembly approves plan to curb union power
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The Wisconsin State Assembly has passed a Republican plan to curb union power, despite the growing objections of protestors. After two all-night sessions of debate and a last minute Democratic bid for a compromise, the Republican dominated Assembly abruptly ended all debate with an early morning vote on Feb. 25 that approved the bill 51-17. After the vote, the number of protesters hit a peak of 70,000 people descending on the capitol grounds for a rally. Democratic senators continue to protest the bill by camping out in Illinois and vow to remain there to prevent a Senate vote. Although Governor Walker claims the bill would assist in closing the $3.6 billion budget deficit, protesters view the bill as a way to strip unions of their collective bargaining power and fear that if the bill passes in Wisconsin that other states would be inspired to enact similar laws. With both sides unwilling to compromise, it is unclear when the battle will end. For additional information contact Kim Radulski at kradulski@vending.org.

The National Automatic Merchandising Association www.vending.org

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