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NAMA Reviews Nationwide Advocacy Efforts

LAS VEGAS -- The National Automatic Merchandising Association's long record of successful industry advocacy is attributable in large part to its state council organization. The state councils serve as eyes, ears and “boots on the ground” for the industry in its relations with state and local governments. This ongoing community advocacy and liaison enable the national association to enjoy economy of force, allocating resources to critical situations in different parts of the country and identifying promis...

August 12, 2018

LAS VEGAS -- The National Automatic Merchandising Association's long record of successful industry advocacy is attributable in large part to its state council organization. The state councils serve as eyes, ears and "boots on the ground" for the industry in its relations with state and local governments. This ongoing community advocacy and liaison enable the national association to enjoy economy of force, allocating resources to critical situations in different parts of the country and identifying promising or threatening development on the basis of good local information.

A major benefit of this organization is the ability to share information, and NAMA has published a synopsis of its Councils' activities and accomplishments. These were summarized at the State Council Officers Breakfast held during the recent NAMA Show, where leaders and legislative counsels of the state organizations summarized recent events and outlined their current and planned activities.  

The Arizona Automatic Merchandising Council held its Convenience Services Day at the State Capitol on March 28. The group prepared bags to be delivered to all of the legislators, and included data on the industry's impact in the state. The participants were addressed by Rep. Heather Carter (R.-15th District), chair of the House Health Committee. She discussed the bill recently signed by Gov. Douglas Ducey which requires local food taxes to be imposed on all foods at the same rate, rather than singling out specific products for excessive taxation.

AAMC set up vending machines in both houses and provided snacks to representatives and their staffs. Members met individually with their representatives, and AAMC was recognized on the floor of both the House and the Senate.

The California Automatic Vendors Council and NAMA have been working with the California Air Resources Board  for several months on proposed restrictions on refrigerants used in vending machines in the state. NAMA and CAVC filed comments in March encouraging a delay in implementation, highlighting the steps that are being taken to reach a solution to the challenges of a refrigerant transition.

A bill requiring tethered caps on plastic beverage containers was reintroduced in the California Assembly. CAVC will continue to lobby against this measure.

The Connecticut Vending Association submitted comments to the state legislature requesting the continuation of the ban on rest-stop commercialization, per the Randolph-Sheppard Act. This submission was in response to a recently-introduced resolution that would permit rest stops to be commercialized with expanded businesses which could negatively impact vending operations at these locations.

On March 5, the Maryland-D.C. Vending Association held a hearing on the "Healthy Parks Amendment Act of 2018." This legislation will update the nutritional standards for food and beverages provided, offered or sold at parks and recreational facilities under the District of Columbia's jurisdiction. The MD/DC state council is working with coalition partners in the beverage industry to monitor the potential impacts of the bill.

In Maryland, micromarket legislation supported by the MD/DC state council and funded in part by NAMA cleared all legislative hurdles and is on its way to becoming law. It creates a statewide definition and licensing system for micromarkets, a necessary first step in streamlining micromarket legislation and fees across the state. Members of the MD/DC Council have met with Montgomery County officials, and plan to meet with several other county officials about using this legislation as a change agent at the local level. The passage of the law in only one session of the General Assembly is an impressive feat in a state with Maryland's traditional tendency to favor regulation, NAMA said.

On March 15, Indiana's Gov. Eric Holcomb signed SB 124, a law that will eliminate some of the sales taxes on food sold in vending machines. The legislation was supported by the Indiana Refreshment Providers Association, which hailed its passage as a great win for operators.

NAMA has worked with an operator in Louisiana who manages convenience services locations in the capitol buildings in Baton Rouge. This partnership proactively increased the number of FitPick offerings in several vending machines. To build awareness of the FitPick program and to allow customers to preview the products, a "Taste of FitPick" event was held on April 6. The objective was to give elected officials and government employees in Louisiana a better understanding of the variety of healthy offerings in the vending channel. Louisiana Gov. John Bel Edwards has proposed requiring that all vending machines on state-owned property transition to only foods that meet American Heart Association guidelines. NAMA hopes this event, as well as the dialogue between industry and the state government, will lead to a reasonable solution.

Micromarket legislation has been enacted in the state of Michigan. On March 27, Michigan Gov. Snyder signed a bill passed by the state legislature containing language clarifying the definition of a "micromarket" that had been proposed by the Michigan Distributors and Vendors Association, a NAMA State Council.

The Mid-America Merchandising Association held its Missouri Convenience Services Day on March 6, and its Kansas Convenience Services Day on March 7. The Missouri group held meetings with the sponsors of the Senate and House tax bills that propose to adopt the Streamlined Sales Tax. MAMA members stressed the importance of language included in the bills to protect the favorable tax treatment afforded to operators by existing Missouri law. The group also met with Lt. Gov. Mike Parson, Senate President pro tem Ron Richard and House Speaker pro tem Elijah Haahr.

The Kansas participants met with Gov. Jeff Colyer and the leadership of the House and Senate as well as the Minority leader. The group was updated on state issues and discussed matters related to the convenience services industry, including its work with the Department of Agriculture on preparing micromarket guidelines for Kansas.

The Minnesota Automatic Merchandising Council held its Convenience Services Day on March 14. The group met with the Chair of the Senate Tax Committee to thank him for his assistance in getting the tax parity bill passed last year. It also met with the sponsor of a bill in the State Senate, SF 3253, limiting the power of local governments to impose new sales taxes on food and beverage items. Members of MAMC will continue to support the passage of this legislation.

The New York State Automatic Vending Association is supporting efforts to increase the sales tax exemption on vending products from $1.50 to $2. The exemption was last increased four years ago. The $2 sales tax exemption was removed from Gov. Andrew Cuomo's budget; NYSAVA is looking at other avenues to move it forward. NYSAVA was successful in preventing the governor from commercializing vending on state highways.

The Tennessee Automatic Merchandising Association will begin monitoring a measure passed by the House Finance Subcommittee that formalized a study to determine the benefits and costs of establishing a reserve fund, to be created by a sugar tax, to address "food deserts" in rural and urban areas across the state.

The Tri-State Automatic Merchandising Council is continuing its efforts to address the need for a state-level definition of micromarkets in Pennsylvania, either by legislative or regulatory measures. It is expected that council members will emphasize micromarkets during discussions with legislators during their upcoming Convenience Services Day at the Capitol in Harrisburg on May 1.

The Virginia Automatic Merchandising Association, working with NAMA, introduced legislation to define micromarkets. The state believed it would incur significant costs from implementing it, which has prompted inaction on the measure. VAMA is currently working with the State on an "advisory opinion" aligning taxation of micromarkets with similar businesses.