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NAMA Member Legislative Alert
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Welcome to the National Automatic Merchandising Association's government affairs newsletter. This NAMA Government Affairs newsletter is produced by your bi-partisan national and regional government affairs team. It is written and circulated to the NAMA membership every other Friday, and is posted for the public on the NAMA Website here. This bulletin focuses on public policy issues and legislation which are impacting the ability of our members to grow and prosper.

Federal Issues



High Priority: New Calorie Disclosure Regulations Will Require 14 Million Hours per Year in Vending
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Today, the Food and Drug Administration called for public comments on the record- keeping burden for the vending industry to comply with coming calorie disclosure requirements. In that document, printed in the Federal Register, they estimate that the vending industry will need 14 million staff hours each year to label snacks and comply with their new federal regulation. Calorie disclosure, which passed Congress in the federal health care reform legislation, requires that anyone who owns or operates 20 or more vending machines disclose the calories of all snacks and drinks prior to the point of purchase. NAMA is working with Congress and the administration to reduce this harmful economic burden. For additional information contact Ned Monroe at nmonroe@vending.org.


TAKE ACTION!
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Will you take a few minutes right now, to send an email to your member of Congress opposing how this new calorie disclosure regulation is being implemented? When our vending operator members are struggling to survive, they can’t afford to spend 14 million hours a year labeling snacks and drinks. Will you TAKE ACTION right now by clicking www.NAMAVoice.org to send an email to your member of Congress?


NAMA Argues For Fair Energy Testing of Vending Machines
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Your association has submitted comments to the U.S. Department of Energy arguing that additional energy use compliance testing of beverage vending machines is unnecessary and expensive. The U.S. Department of Energy is proposing that all beverage vending machine models would need to submit annual energy re-certification paperwork and that machine manufacturers may be forced to provide up to 20 beverage machines for energy use testing. Such new red-tape and increased testing could add expensive costs to the price of new beverage vending machines, and NAMA strongly objects to the proposals. For additional information contact Ned Monroe at nmonroe@vending.org


NAMA Calls for Freeze in Government Red-Tape
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On Thursday, Nov. 4, your association sent emails to President Obama and all members of the U.S. Congress calling for a freeze and re-evaluation of all new federal regulations that are not directly related to health or safety of the public. The waves of new regulations on the horizon are adding to the uncertainty of job creation. In just our industry, business owners are facing new Americans with Disability Act regulations, new fuel efficiency standards for light trucks, new 1099 reporting requirements, new calorie disclosure regulations and new ENERGY STAR regulations. When our vending operators can’t even make payroll, how can they be expected to comply with all these new red-tape bureaucratic regulations? NAMA members are asked to send an email to the President and your members of Congress by using the "Take Action" link at www.NAMAVoice.org. For additional information contact Ned Monroe at nmonroe@vending.org


Congress May Repeal New 1099 Rules
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With bi-partisan support for repealing the new IRS Form 1009 reporting requirement growing, President Obama has conceded that such requirement is "burdensome" for small businesses and vowed to work with Republicans on a legislative fix. The new Form 1099 reporting burden was enacted in the new federal health care reform law and would force all businesses to issue a Form 1099 to anyone who bought goods or services totaling more than $600 annually. The change is scheduled to take place in January 2012. President Obama commented, "It's probably counterproductive. It was designed to make sure that revenue was raised to help pay for some of the other provisions, but if it ends up just being so much trouble that small businesses find it difficult to manage, that’s something that we should take a look at." NAMA is working to overturn this new burden. For additional information contact Ned Monroe at nmonroe@vending.org


Other Federal Issues



Election Results will Impact Vending Industry
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With the Republicans' return to majority status in the U.S. House of Representatives and gains in the Senate, election outcomes will have an impact on NAMA's federal legislative agenda. Members should expect to see changes to implementation of health care reform, taxes, and so called "card check" legislation. Congress will return to Washington DC on Nov. 15, to conduct a potentially brief Lame Duck legislative session. The number one likely subject will be to vote on extending tax cuts which will expire on Jan. 1, 2011. President Obama and congressional Democrats generally support extending the tax cuts for families earning less than $250,000 a year and individuals earning less than $200,000. Republicans generally support extending tax rates for everyone, including the top 2 percent of earners, to encourage consumer spending and bolster the economy. Congress is also expected to receive a report from the bipartisan Presidential Commission which is studying the federal deficit.

Thanks to our members who participated in this week's elections. Your participation and vote for the candidate of your choice can make a difference. If you have any relationships with Members of Congress which might help the industry, please contact Ned Monroe at nmonroe@vending.org.



NAMA Posts Link to Election Results
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NAMA has added a link to its grassroots website http://www.NAMAVoice.org which allows users to search election results throughout the nation. Members are encouraged to click on the top banner to view election outcomes.


State Issues



Alabama: Republicans Take Majority for First Time in 136 Years
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For the first time since 1874, the Republican Party has the majority in constitutional offices and in the House and Senate. History was also made in the Congressional seats when two women were elected for the first time in Alabama. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Arkansas: Candidate Who Died Wins in Garland County
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A win Tuesday night by a Republican candidate who died during the campaign reflected the dent Arkansas Republicans made in the Democrats’ hold on the Arkansas House of Representatives. Keith Crass, 51, the Republican nominee for House District 24, representing Garland County, died Wednesday. His name stayed on the ballot because it was too late to remove it for the general election. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Arkansas: Second Republican Senator Since Reconstruction Elected
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Until now Arkansas had elected only one Republican state senator since the Reconstruction era and he was defeated after his first term in 2002. The Republicans have defeated the incumbent to the Arkansas Senate seat. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


California: Prop 25 and 26 Passed
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California voters passed Prop 25 which eliminates the requirement to pass a budget with 2/3 of the Legislature and reduces that to a simple majority. Prop 25 does not, however, change the 2/3 requirement to impose new taxes. Voters also passed Prop 26 that requires a 2/3 vote of the Legislature in order to pass many fees and levies. CAVC opposed Prop 25 but supported Prop 26. The good news for the vending industry is that there is no longer the threat that legislators will label something a fee to avoid the 2/3 requirement for passing a new tax. Thanks to all the NAMA and CAVC members who helped with these election battles! For more information contact Sandy Larson at slarson@vending.org.


Florida: Tea Party Helps Elect Senator
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There was a major victory for the Tea Party when Republican Marco Rubio won the Senate race in Florida. Marco Rubio, like Rand Paul in Kentucky, has the tea party hoping that his strong conservative and anti-government views will help lead a shake-up on Capitol Hill. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Georgia: Vending Supporter Retains House Seat
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History shows that when the weather is overcast and raining, the turnout at the polls suffers. This wasn’t the case in GA this week. The turnout at the polls was brisk and there were long lines reported at many of the polling places. The election results show that Republicans have swept the elections in Georgia; from Governor, to Senate, to Secretary of State, to Attorney General. GAMC members will be pleased to know that Chuck Martin, supporter of GAMC’s tax parody bill, has retained his seat in the US House of Representatives. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Kentucky: Tea Party's Favorite Son Headed to Senate
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The tea party can claim another victory as Rand Paul, like Marco Rubio in Florida, is headed to the Senate. The tea party is hoping that his strong conservative and anti-government views will help lead a shake-up on Capitol Hill. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Louisiana: Republicans Win Senate and Most House Seats
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The Senate seat and most of the House seats voted on in Louisiana were won by the Republican candidates. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Mississippi: Supporters of Vending Industry in House and Senate
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Ron Aldrich, MAMA Lobbyist, reports good news for Mississippi! Two very good friends of the vending industry were elected to the U.S. House and another good friend easily retained his seat in the U.S. House of Representatives. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Ohio: Congressman John Boehner Next Speaker of the House
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Republicans have taken control of the U.S. House of Representatives and transformed Ohio GOP Congressman John Boehner into Speaker of the House. Five Democratic incumbents in Ohio lost their races and three freshmen Democratic representatives from Ohio were swept from office. For more information contact Pam Gilbert at pgilbert@vending.org.


Oklahoma: Senate, House and Governor's Race Dominated by Republicans
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The Republicans have won the Senate and Gubenatorial seats in Oklohoma. They have also filled a majority of the House seats that were voted on. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Pennsylvania: NAMA Helps Win Case for Delivery Driver Pay
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NAMA helped convince the Pennsylvania Department of Labor and Industry that delivery drivers are covered under the Motor Carrier Exemtpion, and exempt from overtime pay. The PA Department of Labor wanted to audit a coffee service company’s route drivers to consider them non-exempt from overtime. NAMA assisted the company in providing invoices and route drivers’ load sheets, showing that delivery drivers participate in travel that is a “practical continuum of movement” across state lines from the point of origination to the point of destination. The Dept of L&I closed its overtime investigation into the delivery drivers' overtime pay. For more information contact Pam Gilbert at pgilbert@vending.org.


Tennessee: Republican Governor
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The Republicans have won the Governor’s seat in Tennessee and a majority of the seats open for election in the House. For more information contact Mary Lou Monaghan at mmonaghan@vending.org.


Washington: Voters Stopped Tax Hike on Food and Beverages
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The voters approved Initiative 1107, which rolls back higher taxes on soft drinks, candy, gum, bottled water and certain processed foods. With about 1.4 million ballots counted, 63 percent of voters approved I-1107 and 37 percent rejected the initiative. The taxes, which would have cost consumers $800 million, will be lifted in December. For more information contact Sandy Larson at slarson@vending.org.

The National Automatic Merchandising Association www.vending.org

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Keeping In Touch With NAMA - Legislative Edition
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