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October 4, 2018

Dear NJGCA Member:

Thank you for reading this week's NJGCA Road Warrior!

Here is what you will find in this edition:

EXECUTIVE DIRECTOR'S MESSAGE:

• Dealer Plate Update; Male Enhancement Lawsuit: Send Me Your Letters; Plastic Bag Ban Fight Continues; E-Cigarette Floor Stocks Tax Date Change; Lukoil Dealers: Please Contact Me; What's Going on in the Marketplace; NJGCA Gas Tax Press; Employment Law Forum

NJGCA CLASSIFIEDS
- Monmouth County: Gas Station and Repair Shop Business Since 2001
- Bergen County: Shell Gas Station with 6-Bay Repair Shop for Sale

NEWS AROUND THE STATE
• Nearly All N.J. Workers Will Be Entitled To Paid Sick Leave Very Soon. Here's What You Need To Know.
• CD-11 Flashpoint: Armed with Gas Tax Vote, Webber Goes on Offense
• The Hess Truck's Back With An Homage To N.J. Fuel Delivery In 1933
• Ban Bags And Straws? N.J. Proposal Would Be The Strictest In The Nation

TRAINING CLASS SCHEDULE!
??????• Emissions Inspector Training Class, WEDNESDAY September 19th, THURSDAY October 18th, THURSDAY December 6th
??????• Entire Emission Repair Technician Program: October 8, 10, 15, 24, 29, 31, November 5, 7, 19, 26, December 3
??????• Emission Repair Technician Program RECERTIFICATION: November 7, 19, 26, December 3

MEMBER BENEFIT PARTNER MESSAGE BOARD
• The Amato Agency: Garage Insurance and Workers Compensation!
• ATS Environmental: Confidence in your Tank & Compliance Testing
• Bellomo Fuel: Exceptional Service, Aggressive Petroleum Marketing
• CBIZ Insurance: Our Business is Growing Yours!
• Gill Energy: Getting you There!
• Lending Capital: "Commercial Loans Made Easy" Program
• Salomone Brothers: Tank Testing and Environmental Compliance
• TMP Energy Solutions: Another Way to Save On Your Energy Bills

POLITICAL PARTICIPATON: THE NJGCA PAC
• Participate in the NJGCA PAC today and help us keep our Agenda rolling in Trenton!

Energy Information Agency Weekly Retail Gasoline Prices

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EXECUTIVE DIRECTOR'S MESSAGE:

DEALER PLATES UPDATE
MALE ENHANCEMENT LAWSUIT: SEND ME YOUR LETTERS
PLASTIC BAG BAN FIGHT CONTINUES
E-CIGARETTE FLOOR STOCKS TAX DATE CHANGE
LUKOIL DEALERS: PLEASE CONTACT ME
WHAT'S GOING ON IN THE MARKETPLACE
NJGCA GAS TAX PRESS
EMPLOYMENT LAW FORUM

I am surprised by the number of calls I have gotten from members that have received letters requesting that they turn in their used car dealer license plates. I am utterly surprised at how many shop owners sell used cars and have these plates. I do remember when I had my shop that I sold a lot of cars but I borrowed dealer plates when I needed them. Motor Vehicles is sending these letters out in batches, and I want to remind you that you should contact me immediately if you receive them.

I almost sent out a Wildfire Alert this morning but opted not to since you are all receiving the Road Warrior this afternoon. I predicted many months ago that convenience stores selling male enhancement products that had not received Demand Letters, would eventually receive a letter demanding a settlement ranging from $10,000 to $17,000. Our phone has been ringing from members who thought they had avoided the problem but are just now receiving their letters. I sent out a reminder last month that if you were still selling these products to remove them from your shelves. Apparently though, these letters are being sent to those of you who sold these products even before I warned you. Here are two thoughts: One, if these products are still on your shelves, GET THEM OFF NOW! Two, if you receive this demand letter listing Outlaw Labs as the plaintiff, contact the office immediately. Please email your letter to Michelle at michelle@njgca.org. Please look for more emails from me on this subject.

Last week, the Senate Environment committee held a hearing and passed S-2776. If it makes it through the remainder of the legislature and is signed by the Governor, it will ban single-use plastic bags, and will add a 10¢ fee to paper bags. Retailers will be permitted to keep 5¢ of the 10¢ collected. The new law will also prohibit you from distributing plastic straws to your customers. The only other solution are paper straws, which are ten times more costly and do not work well as they disintegrate when wet. For those of you that use Styrofoam containers for to-go items, you will have to find new containers as Styrofoam will also be banned. If you would like to hear my testimony, click HERE. If you would like to read the testimony I submitted, click HERE. I was pleased that many industry people testified alongside me to oppose this legislation. Although this seems like it is being fast tracked to the governor’s desk, I think that we made compelling arguments that the legislature should actually consider penalizing those who improperly dispose of these products and actually cause the problem.

For those of you who sell e-cigarettes and any kind of vaping liquids, there has been a change in the date that the floor stocks tax is due. It has been extended from October 20 to December 20, 2018. FYI - there is an effort to change this tax from a wholesale tax to a tax at retail that you will have to collect and submit. We have let legislators know that we oppose this change, and I will let you know as things develop. Eric has prepared a memo and sent it off to the key legislator who is trying to broker a compromise between us and the representatives of the Vape Stores.

Many of you may remember in 2012, NJGCA organized a one-day protest at all Lukoil stations. For one day, all Lukoil locations raised their price to $10 per gallon. Although over the years I continue to receive complaints from some of you regarding Lukoil practices, I have avoided taking any action. At this time, I would like to ask any Lukoil dealers that are having difficulty with Lukoil pricing or policies to please email me your concerns at sal@njgca.org. I am very interested to hear your thoughts. I am especially interested in learning more about Lukoil’s pricing policies and how they affect you.

I have been noticing that pump prices at your locations have remained relatively stable while I have followed a sharp rise in wholesale prices. This tells me that you are not passing on your increases, including the gas tax that was increased on Monday and that you are giving away your margins. This is not a good idea. It is important that you maintain a profitable margin on every gallon of gas that you sell. I have also been watching the price of crude oil climb without the proportionate rise in the wholesale price of gasoline, which tells me that the refineries are also being squeezed and that their margins have been diminished. Crude reached $76 a barrel yesterday. At some point, wholesale prices are going to have to increase to match the increase in crude oil. You must increase the price on your pump and maintain your margin, enough said!

We continue to speak out on the recent gas tax that went into effect on Monday. I did several TV and news interviews these past few days reiterating our opposition. You can view these below:

NJTV: Another Gas Tax Hike - And Some New Taxes Too
NJ.com: New Jersey's Gas Tax Goes Up Monday (And So Do Other Taxes). Here's What You Need To Know.
Fox 5 News at 10 Interview

On a final note, day in and day out, we fight for the interests of NJGCA members. While we are focused on industry specific issues there have also been significant developments affecting employment law and arbitration that every employer in the state needs to understand. I always mention that NJGCA works in conjunction with a coalition of like minded organizations.

On Tuesday October 9, 2018, one of those like minded organizations - the New Jersey Civil Justice Institute, the preeminent legal policy business advocacy group in the state, will host its 2018 Fall Symposium at the PricewaterhouseCoopers office in Florham Park where a panel of leading legal experts will shed light on many important employment law issues. They will discuss the implications of the new Paid Sick Leave and Pay Equity laws, plus pending efforts to restrict the use of independent contractors, non-compete agreements and even employee severance packages.

This is a very important presentation for every NJ employer and you should attend and learn from the experts. The event is from 8:30am-1:00pm and will feature a luncheon presentation by the NJ Commissioner of Labor and Workforce Development Robert Asaro-Angelo. This forum will be a great prelude to the webinars we have planned focusing on Employment Law in the upcoming weeks.

To register click here: https://events.r20.constantcontact.com/register/eventReg?oeidk=a07efo9j9bbd2ec1680&oseq=&c=&ch=

That's all for this week-

Sal Risalvato
Executive Director

TRAINING CLASSES!!
All classes held at NJGCA HQ -- 4900 Route 33 West, Wall Township, NJ 07753

Emissions Inspector Training Class - One Day Only!
THURSDAY, October 18th, 2018 -- 7 AM to 3 PM
OR
THURSDAY, December 6th, 2048 -- 7 AM to 3 PM

Want one of your technicians to become a NJ Emissions Inspector? We can help! Our one-day class will provide all the information for becoming a NJ Emissions Inspector, and the State will administer the written test the very same day at our offices! We are offering the class: Thursday, October 18th and Thursday, December 6th from 7:00am to 3:00pm.
Cost is $275 for members.
Click HERE for October and HERE for December registration forms

Want to become an emission repair technician/facility?
Entire Emission Technician Education Program (ETEP) Training Classes
Sections 1-7
October 8, 10, 15, 24, 29, 31 [TBD],
November 5
Sections 8, 9, 10 (RECERTIFICATION)
November 7, 19, 26
December 3
1 PM to 9 PM

Stop turning away work!!
The New Jersey Inspection Program requires vehicles that fail emissions inspection to go to a Licensed Certified Emission Repair Facility and have a Licensed Emission Repair Technician perform the repairs! When the new Emissions Inspection program begins, a list of Certified Emission Repair Facilities will be given to the vehicle owners who fail the New Jersey Emission Inspection. If you want your business name on the list – make sure you have a Certified Licensed Emission Repair Technician and you are licensed as a Emission Repair Facility! Those signing up for the FULL training course will attend sections 1-10. Recertification classes start November 7.
Full ETEP class fees for members are $2,195 and non-members are &2,395
Recertification fees for members are $729 and non-members are $879.
Click HERE for registration form.

FUTURE CLASSES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 732-256-9646 or DEBBIE@NJGCA.ORG TO LET HER KNOW YOU ARE INTERESTED IN TAKING A SPECIFIC CLASS. THIS WILL ALLOW US TO GAUGE YOUR NEEDS AND KEEP TRACK OF THOSE WISHING TO PARTICIPATE!!

CLASSIFIEDS! -- FOR SALE & HELP WANTED ADS

FOR SALE:

Business For Sale: Monmouth County gas station and repair shop in business since 2001 is for sale. Owner is relocating out of state and is interested in selling business and equipment. Owner is open to limited financing. Business has a strong 10 year lease. The building has two repair bays and the gas pumps are leased to a large independent tenant. Repair shop business currently employs a Manager and two full-time Technicians. For inquiries and more info, please call Mark at 908-670-7798.

FOR SALE:

Shell Gas Station with 6-Bay Repair Shop for Sale in Bergen County!

Business established in 1980. Fully equipped repair shop with 5 lifts including an alignment rack with a 2-year-old Hunter Hawkeye alignment machine. New Hunter tire machine & wheel balancer. AAA approved and very busy.

Towing business also available which includes 3 Freightliner/JerrDan flatbeds (2015, 2016 & 2017), a 2012 Dodge crew cab wrecker with a Jerrdan Quick Pick & dual cable winch & 2 service trucks (a 2012 GMC 2500 utility truck with a plow & a 2014 Ford transit battery/service vehicle).

Pumping over 1,000,000 gallons per year. 100x300 lot with plenty of parking. Excellent location!!! Call Jim @ 201-851-3084.

NEWS AROUND THE STATE: THE NEWS YOU SHOULD KNOW

10/2/18
Nearly All N.J. Workers Will Be Entitled To Paid Sick Leave Very Soon. Here's What You Need To Know.
For about 1.2 million people in New Jersey, taking a sick day from work means forfeiting a day's pay. It may even mean jeopardizing a job. That reality will begin to change on Oct. 29, when a law takes effect that should end that agonizing choice between working while sick or losing money. Gov. Phil Murphy signed the paid sick leave law in May, which will require most employers to pay for a limited number of sick days, based on hours already worked that year. Here's what you need to know about the law, based on our analysis, as well as that of experts such as Karen White, director for Policy Analysis and Community Engagement for the Rutgers Center for Women and Work.

10/1/18
CD-11 Flashpoint: Armed with Gas Tax Vote, Webber Goes on Offense
Jay Webber seized on Monday’s increase in the New Jersey gas tax to boost his tax-cutting credentials. Reiterating how New Jersey is a costly place to live, Webber visited a Sunoco gas station in Denville and proclaimed, “Today, it just got worse.” Webber, who is running against Democrat Mikie Sherrill in the 11th Congressional District, called on Gov. Phil Murphy to suspend what was an automatic increase of 4.3 cents per gallon beginning Monday. In the likely event the governor doesn’t do that, Webber said he’d introduce legislation to make it happen. Webber seems to be on safe ground here. Few motorists want to pay more for gas. The state’s gas tax, which had been one of the lowest in the nation, was increased in 2016 by 23 cents per gallon under a bipartisan deal engineered by Republican Governor Chris Christie and Democrats in the Legislature. Webber, who is now an assemblyman, voted no, which he said demonstrates his willingness to stand up to his own party if needed. Not fully publicized or realized at the time was an automatic boost in the tax if it is not raising enough revenue. That’s what happened Monday. This process going forward can be a little like trying to catch a rainbow. If revenue falls, the tax is increased. But revenue could be falling because the tax was increased in the first place. Where does the cycle end?

10/1/18
The Hess Truck's Back With An Homage To N.J. Fuel Delivery In 1933
Hess is celebrating the 85th anniversary of the Hess Corporation with a truck modeled after the fuel delivery truck the company used in 1933. . .The gas chain has New Jersey roots. Leon Hess, former owner of the Jets, first revamped his father Mores' Asbury Park oil delivery service on a large scale in the 1960s after it went bankrupt in 1933, during the Great Depression. He opened the first Hess station in Oakhurst in 1960. The gas station chain began selling Hess toy trucks in 1964 -- its first toy was a gas tanker with an oil funnel accessory. (Leon Hess died in 1999).

9/25/18
Ban Bags And Straws? N.J. Proposal Would Be The Strictest In The Nation
After Gov. Phil Murphy vetoed a bill that would've created a five-cent sales tax on plastic and paper disposable bags and calling for stricter measures, lawmakers are back with a new proposal aimed at cutting back on plastic waste in the Garden State. The proposal would ban stores from handing out single-use plastic shopping bags, plastic drinking straws and polystyrene food containers (like foam takeout clamshells) from being used in New Jersey. The bill would also create a 10-cent fee on single-use paper bags, which would finance a new "Plastic Pollution Prevention Fund." The bill was advanced out of Senate environment committee on Thursday with a four-to-one vote. The proposed regulations would be the strictest rules for single-use plastics in the nation according to the New Jersey Sierra Club, which endorses the measure.

MEMBER BENEFIT PARTNER MESSAGE BOARD:

TMP Energy Solutions

Another Way to Save on Your Energy Bills

We have had a number of NJGCA members successfully reduce their rate per kWh signing up through our energy saving program. We know it's difficult to collect 12 months worth of previous electric bills to get an "accurate" analysis when comparing a variable rate to a fixed rate, but we now have another option available.

This new solution is a power purchase option; the other program is still in full force and has saved members thousands of dollars. If you sign up for the power purchase option, you will be grouped with other NJGCA members until the minimum kW demand is acquired. By pooling the member's usage together, you will be able to take advantage, as large energy users do, and receive a lower kWh rate.

Each member will receive their own contract. Each member is responsible to sign and return the agreement the day it is received in order to secure the price for their group. Please do your due diligence, so when you receive the proposal and the agreement you will be able to make an intelligent decision.

If by chance, you still want us to assess you bills, to give you a price to compare, we will require 12 months of your most recent utility bills. There are no bills required, but we would still like to have one bill per meter on file to check account #'s, meter #'s service addresses and other pertinent information incase there is a problem.

The term of the agreement is for 12 months. During this term period, you will have price protection against any energy price increases along with a low fixed kWh rate.

If you are interested in becoming part of this power purchase option, please contact Greg Cannon at the NJGCA.

Remember when you sign up your energy through the NJGCA Energy Program, TMP makes a considerable donation to the NJGCA Scholarship Fund through their proceeds. This has no affect on your rate, and costs you nothing out of pocket.

We hope to help hundreds of NJGCA members reduce their utility costs by participating in this and our other cost reduction programs. Our purpose, in the endeavor, is to help NJGCA members lower their energy costs while supporting the NJGCA Scholarship Fund.

Contact GREG CANNON at 732-256-9646 or email Greg at greg@njgca.org. Mention that you are interested in saving money on your energy bills. NJGCA & TMP Energy Solutions will handle all the rest.

POLITICAL PARTICIPATION: THE NJGCA PAC

DEFENDING OUR MEMBERS.
PROTECTING YOUR INTERESTS.
ANSWER THE CALL & CONTRIBUTE TODAY!!

Promoting our agenda in Trenton is of utmost importance to NJGCA and our members.

However, in order to truly affect the debate, we must ensure our friends in the Legislature are re-elected. It is for this reason that your Association has established the NJGCA PAC.

For too long, the weight of funding our Political Action Committee, the arm of the Association responsible for political donations, has rested upon a few. This is not only unfair to those few members who have shouldered this burden, but means we are not utilizing our full strength to affect the debate in Trenton.

To truly understand the importance of supporting our allies, consider our successes in Trenton:

We defeated BELOW COST SELLING
We made history in getting FIRST RIGHT OF REFUSAL signed into law!
We have built large support for RIGHT TO REPAIR and got it passed out of the Assembly
We defended your small business against the false accusations of Attorney General Anne Milgram
We gained wide support to move New Jersey to an all PIF Inspection System and close the CIF lanes
...and MUCH MORE!!

In each instance, we achieved these goals with the help of our friends in the Legislature!

If every member contributes just $100.00 we will be able to provide the help necessary to ensure victory for our allies.

PLEASE SEND YOUR CONTRIBUTIONS TO:
NJGCA PAC
4900 Route 33 West, Suite 100
Wall Township, NJ 07753
Please make your donation payable to NJGCA PAC

I understand that times are tough for all NJGCA members, but this is just as important as any battle we have fought in the past.

We have made great progress in Trenton. I hope that you will answer the call.

Energy Information Agency Weekly Retail Gasoline Prices

Each week, the Energy Information Administration publishes a list of average gasoline prices for the previous three weeks. NJGCA will begin including this list with the Weekly Road Warrior. Remember, these prices are reflective of self-serve everywhere except NJ.