Quick Links to Articles for July 10, 2020

Matt Bjornson Chosen to Receive PMAA’s Distinguished Service Award

U.S. Supreme Court Decision Defining "Indian Lands" in Oklahoma

Lawmakers Introduce Bipartisan COVID-19 Liability Protection Legislation 

Federal Reserve’s $600 Billion Main Street Lending Program Fully Operational

Senate Approves Bill to Curtail Online Sales of E-Cigarettes 

PMAA Signs Letter Supporting PPP Small Business Forgiveness Act

Biden and Sanders Form Progressive Climate Task Force

PMAA Urges Congress to Fully Fund LIHEAP as Appropriations Process Gets Underway

Federated Insurance Employment Practice Network Webinar

June 2020 Contributors to PMAA MDF 

2020 NACS Show Housing and Registration Open - Plan Now to Attend

PMAA Member Services Spotlight Featuring: Airgas through National Purchasing Partners 

Federated Insurance Employment Practices Network HR Question of the Month

Have You Considered Marketing Your Product or Service in PMAA’s 2020 Online Buyers' Guide?

The Federal Motor Carrier Safety Administration (FMCSA) announced it will exercise conditional enforcement discretion for employers unable to comply with certain FMCSA random drug and alcohol testing requirements due to the COVID-19 emergency.

Click here to read the full PMAA Compliance Bulletin.

PMAA Distinguished Service Award Committee Chair Frank Marcello is pleased to announce that Matt Bjornson (Bjornson Oil Company, Cavalier, ND) has been chosen to receive PMAA’s prestigious 2020 Distinguished Service Award (DSA). Serving on the committee included Sharon Peterson (Apple Oil Company, West Haven, CT), Vern Kelley (Kelley Fuels, Inc., Shakopee, MN), Steve Clark (Genesee Energy, Seattle, WA), Roger Lane, (GOA Association Executive) and PMAA Chair Aaron Littlefield (Littlefield Oil Company, Fort Smith, AR). 

Bjornson Oil Company, Inc., is a third-generation owned petroleum business located in Cavalier, ND. Founded in 1931 by Matt’s grandfather, Matthias Bjornson, the company started with one service station and a small bulk plant selling Standard Oil products. Matt’s father Deane took over the business in the 1950’s. Matt, his sister Margaret Bjornson-Holm and brother in law Steve Holm, purchased the company in 1991. Matt graduated from the University of North Dakota in 1988 with a degree in Business Administration.

Matt has served as Chairman of the following: North Dakota Petroleum Marketers Association Board of Directors, Petroleum Marketers Association of America, PMAA North Central Region and PMAA Motor Fuels Committee. He has also served on the PMAA Executive Committee in other positions. He has been a member of several PMAA task forces including the Underground Storage Tank Task Force. Matt has testified several times before the EPA and participated in numerous meetings with the EPA Office of Underground Storage Tanks, Secretary of Agriculture under the George W. Bush Administration and top officials under the Obama and Trump Administrations. Mr. Bjornson has served on committees with the Steel Tank Institute developing recommended practices concerning above ground and below ground storage tanks. In 2006, PMAA recognized his work on STI SP001 with an award for Extraordinary National Service to the Petroleum Marketing Industry. Mr. Bjornson continues to actively serve on ASTM committees concerning the environment and diesel fuel specifications, the National Conference on Weights and Measures, NDPMA Board, the PMAA Board of Directors and the North Dakota Storage Tank Cleanup Fund board.

Matt and his wife Lori, a registered nurse, have been married for 29 years and have a son Deane and his wife Kaitlyn and their daughter, Lauren.

Upon hearing the news of this award, Matt said, “Knowing many of the past recipients of this award, I am sincerely honored and touched to have been even considered for this.” The award will be presented at a luncheon held in Matt’s honor on Sunday, October 11, 2020 at The Mirage, Las Vegas during the PMAA Fall Meeting at the NACS Show. 

This week, the U.S. Supreme Court issued its decision in McGirt v. Oklahoma, a case that could have a major impact on Indian tax issues in Oklahoma, and possibly in other States with large Indian reservations. The case involved the conviction in an Oklahoma state court of Jimcy McGirt, who was accused of serious sex crimes. McGirt argued that the State lacked jurisdiction to prosecute him because he is a member of the Seminole Nation and his crimes were committed on the Creek Reservation. The Major Crimes Act provides that any Indian who commits a crime in “Indian country” is subject to prosecution in the federal courts and may not be tried by a State.

The Supreme Court defined Indian country in this case to mean the area comprising the original Creek Reservation, which was ceded to the Creek Nation by Congress in 1852. In a surprise to many, the U.S. Supreme Court defined the area as comprising one-half of the State of Oklahoma, including eastern Oklahoma and the city of Tulsa. The court based its decision on the language of the original treaties and acts of Congress creating the Creek reservation, and it rejected the State’s arguments that encroachments by non-Native Americans over generations have altered the rights of the Creek. Many of the State’s arguments were based on the widespread ramifications of a decision that one-half of the State of Oklahoma is on the Creek reservation. The Supreme Court, however, was not persuaded by the State’s parade of horrors, holding that only the original interpretation of the treaties and laws creating the reservation are relevant to the issue.

The decision could impact the State of Oklahoma’s ability to tax Indian businesses in parts of the State that were, up until now, considered outside of Indian territory. It could, in fact, extend to the imposition of excise taxes on motor fuels sold in urban areas like Tulsa. It could also impact other States where Indian lands are viewed by the State as being considerably smaller now than they were when the original grants were made over a century ago. According to the Supreme Court, these original grants are not affected by non-Native American encroachment over generations, and arguments that large swaths of the reservation were abandoned by tribes as non-Native Americans people moved in and laid claim to the land.

Reps. Cuellar (D-TX) and Graves (R-LA) introduced important bipartisan legislation known as the “Get America Back to Work Act” (H.R. 7528) which provides reasonable liability protection to businesses from COVID-19 claims provided they made good faith efforts to comply with federal, state and local guidance or appropriate industry standards. The bill does not provide liability protection in cases where there is willful or criminal misconduct or gross negligence to the safety of an individual. In these cases, damages cannot be sought unless there is serious bodily injury. The covered period under the bill runs from January 1, 2020 to 18 months after the end of the emergency period and would apply to claims made before enactment. Additionally, the legislation provides preemption from state laws unless state laws provide greater liability protection. PMAA fully supports the bill and click here to write Congress. 

Meanwhile, Vice President Pence’s chief of staff, Marc Short, said recently that President Trump will not sign the next COVID-19 relief package unless liability protections for businesses are included.

The U.S. Federal Reserve said on Monday that the Main Street Lending Program (MSLP) is fully operational. The Federal Reserve Bank of Boston also announced its intention to publish in the coming days a state-by-state listing of lenders accepting new business customers under the Main Street program and electing to be listed. As required by the program, lenders will assess a borrower for a Main Street loan based on meeting the terms of the program and the lenders’ own underwriting standards, as part of evaluating financial condition and creditworthiness. Lenders’ loan approvals are contingent on those factors.

Business borrowers must apply for MSLP loans through participating local banks. The Federal Reserve will purchase back 95% of loans from eligible lenders. Loans are available until September 30, 2020. Eligible borrowers include businesses with 15,000 employees or fewer: or businesses with 2019 revenues of $5 billion or less. Eligible lenders include participating federally insured depository institutions including, banks, credit unions and savings and loans institutions. Borrowers have 5 years to repay a loan made under the MSLP program. Principal and interest payments on the loans will be deferred for up to two years, with 33% payments due in each of the years following that for new loans. Borrowing limits on secured or unsecured loans start at a minimum of $250,000 up to a maximum of $50 million. The interest rate on the loan is LIBOR plus 3%. 

Unlike the federal PPP and EIDL Advance emergency loans, MSLP loans must be paid back in full. Lenders and borrowers can visit www.bostonfed.org/mslp to find program information, including frequently asked questions, and can subscribe for e-mail updates. Inquiries about the program can be emailed to MSLP@bos.frb.org. 

Last Friday, the Senate passed by unanimous consent the “Preventing Online Sales of E-Cigarettes to Children Act (S. 1253),” which prohibits online sales of e-cigarettes to minors by applying the same safeguards already in place for regular cigarettes and smokeless tobacco products. The bipartisan bill was introduced by Sens. Dianne Feinstein (D-CA), John Cornyn (R-TX), and Chris Van Hollen (D-MD). The House has passed similar legislation which means that the bill will likely reach the finish line this year once the House takes up the Senate passed version.

This week, PMAA joined other members of the Small Business Legislative Council (SBLC) in sending a letter of support for the Paycheck Protection Program (PPP) Small Business Forgiveness Act, which would provide automatic forgiveness for PPP loans of under $150,000. PMAA supports proposals like this that simplify forgiveness for smaller PPP loans. Click here to read the letter. 

A climate task force for presumptive Democratic presidential nominee Joe Biden was recently formed to lay out broad policy recommendations related to climate change. The task force was created by Biden and Sen. Bernie Sanders (I-VT) to try and bring together moderate democrats with the more progressive democrats of the party, and is co-chaired Rep. Alexandria Ocasio-Cortez (D-NY) and former Secretary of State John Kerry.

The task force lays out many climate policy goals for a potential Biden administration, including:

• Net zero emissions from U.S. power plants by 2035

• Net zero emissions for new buildings by 2030, and for all buildings by 2050

• Stricter regulations related to vehicle emissions

• Creating new technologies for the transition to renewable fuels

• Stricter regulations to make households more energy efficient

• Rejoining the Paris Climate Agreement

Many Republicans have already criticized the plan as having the many of the same “liberal wish-list” policies as the Green New Deal that progressive democrats have been pushing for the past year.

Click here to read an article about the climate task force from The Hill. 

As the House appropriations subcommittees began advancing twelve Fiscal Year (FY) 2021 bills this week, PMAA sent a letter urging Congress to fully fund the Low Income Home Energy Assistance Program (LIHEAP) at $5.1 billion. Click here to read the letter. 

Senate GOP leadership have also expressed interest in adding appropriations bills to the next COVID-19 relief package which could include additional money for LIHEAP. 

Meanwhile, the House FY 2021 Agriculture appropriations bill includes provisions that would block the Trump Administration from implementing new restrictions on eligibility and benefits under the Supplemental Nutrition Assistance Program (SNAP). 

In this second of a two-part series on Cannabis in the Workplace, we will cover safety-sensitive positions; drug testing and drug policies, and will provide practical examples with fresh, up-to-date insight on how employers are meeting these challenges. We will review the latest legal challenges provide practical tips your organization can use today.

Advanced registration is required for this 60-minute webinar.

For additional information or to discuss this in further detail, please contact your Federated regional representative or PMAA’s National Account Executive Jon Medo at 800.533.0472. Federated is a PMAA Corporate Platinum Partner. 

PMAA’s Marketer Defense Fund wants to thank the following individuals for their contributions during the June 1-30 timeframe:

Colorado: Colorado Petroleum Marketers Association
Michigan: Dennis McCarthy
Minnesota: Vern Kelley
Tennessee: Paul Fisher

Corporate donations are acceptable. MDF funds have been used for various studies, litigation and disaster relief dedicated to strengthening our lobbying efforts on Capitol Hill. Click here to donate to the PMAA MDF. 

We have been working with local, state and federal agencies, health officials and our venue partners to develop fresh insights and strategies for the upcoming Las Vegas show. Visit our FAQ page, now and in the coming weeks, to see all of the enhancements we are making for your safety. As public health guidance is updated, any changes to the delivery of content and experience at the 2020 NACS Show will be shared with you immediately via nacsshow.com and/or by email.

There will be General Sessions taking place each day of the Show. Speaker information for the 2020 NACS Show will be available at a later date.

In addition to online registration and housing, the NACS Show website features the latest information about exhibitors, housing, speakers, educational sessions and more. Please note that the NACS Show registration is separate from the PMAA Meeting Registration. 

Registration and official NACS Show housing is open, and we hope you’ll plan to join us. (We’ve also extended our cancellation policy to 30 days pre-event to offer you maximum flexibility.)

PMAA’s Fall Meeting at the NACS Show will be held on October 10-11 at The Mirage. You can find all available information, including registration, on PMAA’s event website here. Please note that the NACS Show registration is separate from the PMAA Meeting Registration. 

Did you know Airgas offers more than gases and safety equipment? Airgas has disinfectants, masks and PPE items required in many areas for workplace compliance and safety. Click here pricing on a variety of PPE items offered. 

Members can access Airgas discounts through National Purchasing Partners. NPP is a member benefit provider of PMAA and offers substantial savings on major brands such as Airgas, Office Depot, Verizon Wireless, Sherwin-Williams, Priceline and more.

NPP membership is free and there is no obligation to purchase. Simply enroll your business here. Once you enroll, sign up for the Airgas offer.

Restrictions may apply. Please see Airgas TERMS OF SALE for important information regarding returnability of certain products. 

Federated Insurance’s HR Question of the Month focuses on employment-related practices liability issues. This month’s question is: Eligible for E(expanded)FMLA or FMLA? One of our employees has advised that her mother sustained an injury at home and fractured her spine, which is unfortunately fairly serious and has rendered her temporarily (hopefully) partially paralyzed. My question is whether the employee can twist this into a COVID-19-related FMLA leave and thus be eligible for compensation at 2/3 her regular rate of pay, or use COVID-19 and the need to provide continuing health care for her mother into a reason for being eligible for state unemployment insurance. 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 Jon Medo at 800.533.0472. Federated is a PMAA Corporate Platinum Partner. 

This article is for general information and risk prevention only and should not be considered legal or other expert advice. The recommendations herein may help reduce, but are not guaranteed to eliminate, any or all risk of loss. The information herein may be subject to, and is not a substitute for, any laws or regulations that may apply. Qualified counsel should be sought with questions specific to your circumstances. © 2020 Federated Mutual Insurance Company.

The Petroleum Marketers Association of America ("PMAA") exclusive PMAA Buyers’ Guide ((the "Guide") — the premier resource of relevant products and services for petroleum professionals — is available at the PMAA website.

PMAA partners with Overland Park, Kansas-based Strategic Value Media, a leading nationwide provider of print and digital media solutions for national, state and local trade and membership associations. PMAA is proud to provide its members with this useful and easily accessible year-round resource.

The 2020 version features updated and expanded company and product listings, in addition to other valuable information relating to the petroleum industry. The Guide provides PMAA members and other industry professionals with an efficient way to browse for goods and services and also offers petroleum suppliers and companies exceptional visibility by showcasing their products and services to a targeted, industry-specific buyer group.

If your company or business has not yet taken advantage of this exceptional opportunity to highlight your products and services here, it is not too late! To learn more about advertising your products or services in this exclusive Guide, please email.