LB 74 - Food Code - emergency clause attached. This legislation was reviewed and developed by representatives of the grocery industry, restaurant industry, bakers, vending machine and institutional facilities, in conjunction with the Douglas and Lancaster County Health Officials and the Nebraska Department of Agriculture. The new Food Code as presented by FDA was reviewed, line by line, and only those portions that we agreed were appropriate, were added to the legislation. Changes were minor and had little affect on the grocery industry.

Changes include:

Adding the definition of "itinerant food vendor" to a more appropriate definition. Itinerant food vendor is defined to mean persons selling prepackaged, potentially hazardous foods from approved sources as non-permanent locations (formerly defined as a convenient store),
Modifies bare-hand contact with foods in food preparation "except when washng fruits and vegetables, food employees shall minimize bare hand and arm contact with exposed food. This may be accomplished with the use of suitable utensils such as deli tissues, spatulas, tongs, single-use gloves, or dispensing equipment. Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if they have washed their hands as specified in the act prior to handling the food.
The date marking section was amended to include clearer definitions of food to be marked but made no substantial changes. The manufacturers expiration or use-by date is the date that inspectors will use for determining age as long at it is in the original container and not the date the retailer opened the container.

LB 218 - Pseudoephedrine - effective July 31. This bill amended current state law to mirror the federal legislation passed in 2006. As a result the amount of liquid product containing pseudoephedrine changed from 1440 grams to three and 6/10ths gram of PSE base that can be sold in a 24 hour period. Customers cannot purchased more than 9 grams of PSE base during a thirty day period

LB255 - Labor Law - Legislation is effective July 31 but in reality sections of this bill were already state law due to the Nebraska Court Case. This legislation clarifies that paid leave, other than earned but unused vacation leave, provided as a fringe benefit by the employer shall not be included in the wages due and payable at the time of separation, unless the employer and the employee (or collective-bargaining representative) have specifically agreed otherwise through a contract effective at the commencement of employment or at least 90 days prior to separation, whichever is later. Wages includes commission on all orders delivered and all orders on file with the employer at the time of separation. Upon separation the unpaid wages constituting commissions are due on the next regular payday following the employer's receipt of payment for the goods or services from the customer from which the commission was generated. The legislation clarifies that sick leave is not compensable unless the employee is sick. The bill also changes state statutes to remove any question as to the fact that employees must be compensated for unpaid vacation leave.

LB 265 - Minimum Wage - effective July 23, 2007 Once the Federal Government approved an increase in minimum wage, it would not have benefited our members to continue to oppose this legislation. The horse was out of the barn. As a result Nebraska passed a minimum wage increase that mirrors the federal minimum wage. The first increase is effective July 23 and posters must be updated within 60 days of the effective date. Increases are as follows:

July 23, 2007, $5.85;

July 23, 2008 $6.55;

July 23, 2009 $7.25

LB 638 - Lottery - effective July 31, 2007 This bill was amended to include language we asked Sen. Janssen to introduce. The bill changed the date funds will be transferred from the State Lottery Operation to the Trust Funds. It also extended the date of a bill passed in 2003 that allows the Nebraska Lottery to allocate funds based on a hold harmless formula to the Trusts. The end result is higher ticket sales for retailers.

LB 367 - Taxes - effective July 31, 2007 This bill was the Governor's Tax Package and contains changes to many taxation issues. The issue of importance to grocers is that it removed the tax on construction. So the remodels and repairs you have done in your stores are no longer taxed.

LB 502 - Inheritance Tax - effective January 1, 2008 Inheritance tax was changed to: Lineal descendants such as a father, mother, grandfather, grandmother, brother, sister, son, daughter, child or children legally adopted shall pay 1% of the clear market value of the property in excess of forty thousand dollars. Non-lineal descendants such as an uncle, aunt, niece or nephew related to the deceased by blood or legal adoption sham pay thirteen percent of the clear market value of the property received in excess of fifteen thousand dollars. In all other cases the rate of tax shall be eighteen percent on the clear market value of interests in excess of ten thousand dollars.

LB 573 - Liquor Liability Act - effective July 31, 2007 Any person who sustains injury or damage as a result of the intoxicated minor shall have cause of action against:

A social host who allowed the minor to consume alcohol in the home or on property under his or her control
A person who procures alcohol for the minor
Any retailer who sold alcohol to the minor but with the absolute defense of using the "minor book"

The intoxication must contribute to the negligent conduct. The intoxicated person and his/her family are ineligible for compensation Action must be brought within 4 years after the injury or damage Retailer means a licensee, any agent or employee of the licensee acting within the scope and course of his or her employment, or any person who at the time of the events leading to an action under the Act was required to have a Liquor Licnese in order to sell alcohol at retail.

LB 588 - Workers Compensation - effective July 31, 2007 This legislation is effective January 1 of 2008. It sets a fee schedule for worker compensation claims by hospitals located in or within fifteen miles of a Nebraska city of the metropolitan class or primary class and by other hospitals with fifty-one or more licensed. The fee schedule is much lower and is consistent with private insurance and third party payers. As a result worker compensation rates should be reduced or at the very least, not increase.

LB 674 - Credit Report Protection Act - effective July 31, 2007 This legislation allows a consumer to place a freeze to prohibit the release of a credit report. Employers may not publicly post or display more than the last four digits of an employee's social security number or require the employee to use more than the last four digits of his/her social security number for Internet access unless an additional password or authentication devise is required.

For any type of employment related activity the employer may use more than the last four digits of an employee's social security number for:

Compliance with state or federal laws Rules or regulations
Internal administrative purposes including for such purposes as administration of personnel benefit provisions for the employer and employment screening and staffing
Commercial transactions freely and voluntarily entered into by the employee with the employer for the purchase of goods or services
For any type of employment related activity the employer may NOT use more than the last four digits of an employee's social security number:
As an identification number for occupational licensing, drug testing, or for company meetings
In files with unrestricted access within the company
In files accessible by any temporary employee unless the temporary employee is bonded or insured under a blanket corporate surety bond or equivalent commercial insurance
For posting any type of company information