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SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

Fall 2019

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Fall 2019 Kansas Agribusiness Retailers Association 816 SW Tyler Topeka, KS 66612 (785) 234-0463 ksagretailers.org ASSOCIATION STAFF Ron Seeber President & CEO Randy Stookey Senior Vice President General Counsel Staci Storey Senior Vice President Chief Financial Officer Shari Bennett Vice President Event Planning Samantha Tenpenny Director of Member Services Lisa Anschutz Senior Director of Internal Operations Trae Green Director of Communications Sidney Storey Administrative Assistant

The 2019 Kansas Agri Business Expo, themed “Agents of Change,” was held November 20 - 21 at the Century II Convention Center and Hyatt Hotel in Wichita. The show brought nearly 1,000 attendees and more than 140 exhibitors to showcase the latest and greatest in agriculture products and technologies.

CONTENTS

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President’s Letter Take Advantage of Your Investment Industry News Updates on Issues Affecting You Capitol Review 2020 Session Peview

BOARD OF DIRECTORS Lance Nelson Chairman Dustin Kuntz Vice Chairman Kevin Dieckmann 2nd Vice Chairman Clark Pearson Immediate Past Chairman Gary Beachner Bryan Bucl Troy Coon Yance Farney Justin Foss Bryan French Bill Garner Tim Giesick Jim Grilliot Jeff Holling

Rachel Hurley Brian Laverentz Jami Loecker Kevin Mears Scott Morris O.J. Pearl Dave Spears Mark Wegner

14 16 20 8

16

2020 Training Programs KARA Unveils 2020 Trainings 2020 TAL Class The 23rd Class of Leaders Agents of Change Relive the 2019 Expo

Capitol Review 2020 Session Review

2020 TAL Class The 23rd Class of Leaders

Editors: KARA staff Photos: Cover (iStock.com/imantsu); Kansas Agri Business Expo (KirkwoodKreations); Capitol Review The Kansas Agribusiness Update is published quarterly for the members, friends and affiliates of the Kansas Agribusiness Retailers Association. Email contributions to: Trae Green, trae@kansasag.org. Annual subscriptions for members can be purchased for $25.00. © 2019 KARA. Read this newsletter online at www.ksagretailers.org/printnewsletters. Advertising does not influence editorial decisions or content. KARA reserves the right to refuse, reject, or cancel any ad for any reason at any time without liability.

(Trae Green)

2

Agribusiness Update


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

PRESIDENT’S MESSAGE Take Advantage of Your Investment

Ronald Seeber President & CEO

IF YOU MISSED THIS YEAR’S EXPO, DON’T WORRY, WE HAVE ANOTHER INVESTMENT OPPORTUNITY RIGHT AROUND THE CORNER, LEGISLATIVE ACTION DAY.

Dear KARA Members During the third full week of November in 2019, we held the Kansas Agri Business Expo and it was one for the record books. This jointly-sponsored series of events and an anchor tradeshow of the Kansas Grain and Feed Association (KGFA) and Kansas Agribusiness Retailers Association (KARA) attracted more than 1,000 attendees from across the country, covering every facet of the agribusiness industry. Association members and sponsors, exhibitors, and several new faces enjoyed a week of sporting clays, inspiring speakers, informational workshops, necessary trainings, receptions, auctions, raffles, networking and a whole lot of fun. The Kansas Agri Business Expo has been a successful event for the last 34 years because members view it as a meaningful return on investment. It is an opportunity to network, educate, learn and grow like no other. If you missed this year’s Expo, don’t worry, we have another investment opportunity right around the corner, Legislative Action Day. Another event to show your membership investment in the association as a visible return on investment. In Topeka, on January 22, 2020, KARA, KGFA and the Kansas Cooperative Council (KCC), will jointly present to our shared members, Legislative Action Day. Whether it be property taxes, onerous regulation, or the lack of a passing lane on your local state highway, Legislative Action Day is your opportunity to voice your concern, in person, with the policy makers in charge. Our day will start at 11:30 a.m., at the Topeka Country Club with a luncheon with legislative policy leaders. You will then hear from your KARA, KGFA and KCC staff on the key issues facing the

legislature this year that could affect your bottom line and hamper your ability to get the job done. You then head to the Kansas Statehouse where you will meet with your House and Senate representatives and see them in action (or inaction). The day will then wrap up with a prime rib buffet at which you will have another opportunity to meet with your elected representatives. In addition to having an opportunity to metaphorically “storm the statehouse” our Legislative Action Day has another purpose. By showing your boots on the ground in support of the issues your association fights for every day, you make our job much less difficult. Lawmakers will remember that moment when you stand in their doorway and, if later gently reminded by your association staff, will vote in a way that allows our industry to continue to do good things. Finally, there is no charge for Legislative Action Day. Your association dues and sponsorship dollars bear the costs of this event because advocacy on behalf of your industry is an investment in your industry. Always remember, it is better to be at the table than on the menu. Please join your colleagues in Topeka on January 22 and make a personal “hands on” return on your investment.

Ronald Seeber President and CEO

LEARN MORE Visit our website by scanning the QR code to the left on your smartphone’s camera or by entering https://www.ksagretailers.org/events-training/legislative-action-day/ in your search engine to see full agendas, speaker information and much more for each one of our training programs.

Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

TOUGH ON NITROGEN LOSS NOT YOUR EQUIPMENT

MEET CENTURO™. The first EPA-registered nitrification inhibitor specially formulated for anhydrous ammonia in 40 years. Your growers need a highly effective below ground nitrogen stabilizer they can count on. You want a solution that won’t corrode your equipment. With CENTURO nitrogen stabilizer from Koch Agronomic Services, you can get both. CENTURO is 100% noncorrosive to anhydrous ammonia and UAN equipment. Plus, with flexible storage options, subzero freeze point and a true liquid formulation, it has the ability to boost your operational efficiencies. Now you have a choice. CENTURO.

From consistent nitrogen sources to dependable ways to protect your nitrogen investment, we’ve got you covered. CIERA THURMAN

YANCE FARNEY

Ciera.Thurman@kochind.com

Yance.Farney@kochind.com

T: 316-390-4483

T: 316-828-7532 C: 316-200-2201

AGROTAIN® | ANVOL™ | CENTURO™ | SUPERU®

Ammonia | Urea | UAN | Phosphate

CENTURO.com | KochFertilizer.com | KochAgronomicServices.com CENTURO is not registered for sale or use in all states. Contact your state pesticide regulatory agency to determine if a product is registered for sale or use in your state. Always read and follow label instructions. CENTURO™ and the CENTURO logo are trademarks of Koch Agronomic Services, LLC. Koch and the Koch logo are trademarks of Koch Industries, Inc. © 2019 Koch Agronomic Services, LLC.

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Agribusiness Update


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

INDUSTRYnews EPA Finalizes Changes to RMP Amendments EPA has issued the Risk Management Program (RMP) Reconsideration Final Rule. The amendments reduce regulatory burdens on facilities and emergency responders and harmonize with OSHA’s Process Safety Management (PSM) standard. Major provisions that were added in the RMP Amendments rule, but are now rescinded, include: § Requirement to hire a third party to conduct the compliance audit after an RMP reportable accident § Requirement to assess theoretically safer technology and alternative risk management measures

§ Requirement to conduct and document a root cause analysis after an RMP reportable accident or near miss § Information very broadly defined must be made available by the facility to the public on request Many other requirements were either retained or modified. The requirement that facilities must coordinate annually with local response organizations and document the coordination activities was retained. Modifications were made to enable emergency response planners to obtain information “necessary for” planning and implementation of local emergency response

plans. The requirements for annual notification drills and field and tabletop exercises were retained. The frequency of field exercises was modified to require consulting with local emergency response officials to establish an appropriate frequency. The requirement that a facility must hold a public meeting within 90 days of accident with an offsite impact was retained with modifications. The final RMP Reconsideration Rule rescinds the requirement for an owner or operator to provide, within 45 days of receiving a request by any member of the public, specified chemical hazard information for all regulated processes. Source: Asmark Institute

New FMCSA Drug & Alcohol Clearinghouse - Registration Open and Query Plan Available The Federal Motor Carrier Safety Administration (FMCSA) announced they have opened registration for the new Drug & Alcohol Clearinghouse which becomes mandatory on January 6, 2020. The new Clearinghouse is aimed at closing the loop hole of drivers job-hopping to avoid impacts of failed drug and/or alcohol tests. Employers will be required to register in the Clearinghouse database for the purpose of checking current and prospective employee’s violations, in order to determine if they are prohibited from performing safety-sensitive functions, such as driving a CMV, due to unresolved DOT drug and alcohol violations. In

order to do this, a “query” must be conducted by an employer or their designated consortia or third-party administrator (C/TPA), such as their drug testing provider. Employers are charged a fee for conducting queries and must purchase a plan so they can run the required queries. Although C/TPAs cannot purchase query plans, once registered themselves, they can conduct queries on behalf of the employers. Queries must be run prior to hiring a CDL driver as part of the pre-employment investigation process and annually for currently employed CDL drivers. In addition to Employers and C/TPAs, CDL drivers must

also register in the Clearinghouse and provide consent to employer’s for running queries. Please visit the Clearinghouse website to register, create an online user account and purchase a query plan. We encourage you to work with your C/TPA to ensure you have a plan in place for conducting queries when the Clearinghouse becomes fully operational in January. For Asmark Institute retainer clients, we will work to help prompt this process prior to entering a DOT New Hire/Re-hire and will also work with clients to provide lists for conducting annual queries. Stay tuned for more information as it becomes available! Source: Asmark Institute

2020 CCA Exam Registration During the 2019 International CCA Board Meeting held in Wichita, the board voted to move forward with CCA exams being administered via a remote proctor - meaning all exams will now be internet based and monitored by a proctor via the examinees webcam. Other security features have been implemented to protect the integrity of the exam. Exam Registration – Those wanting to take the CCA Exams will register on the CCA website – www.certifiedcropadviser.org. Information regarding what is needed to take the exams via remote proctor will be on the site and in email communications. Closer to exam time a FAQ page on the website and a short instructional video regarding remote proctoring will be available.

Don’t Waste Time! REGISTER ONLINE! To register online, point your smartphone’s camera at the QR code to the left or email samantha@kansasag.org.

INFORMATION DATE: Aug. 7, 2020 | TIME: Exams can be taken 24 hours a day | VENUE: The convenience of your own home REGISTRATION: Registration is available from April 27 - June 26, 2020

Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

INDUSTRYnews OSHA Begins Using New Inspection Weighting System OSHA recently implemented the OSHA Weighting System (OWS) for fiscal year (FY) 2020. The new weighting system for workplace inspections will replace the current system that was initiated in FY 2015. Under the current enforcement weighting system, OSHA weights certain inspections based on the time taken to complete the inspection or, in some cases, the impact of the inspection on workplace safety and health. OWS recognizes that time is not the only factor to assess when considering the potential impact of an inspection. Other factors - such as types of hazards inspected and abated, and effective targeting - also influence the impact on

workplace safety and health. The new system adds enforcement initiatives such as the SiteSpecific Targeting to the weighting system. The new system is based on an evaluation of the existing criteria and a working group’s recommendations regarding improvements to the existing weighting system. OSHA has been running the new weighting system currently to confirm data integrity. The system will continue to weight inspections, but will do so based on other factors, including agency priorities and the impact of inspections, rather than simply on a time-weighted basis. The new OWS approach reinforces OSHA’s balanced approach to occupational safety

and health (i.e., strong and fair enforcement, compliance assistance and recognition) and will incorporate the three major work elements performed by the field: enforcement activity, essential enforcement support functions (e.g., severe injury reporting and complaint resolution), and compliance assistance efforts. Source: Asmark Institute

California to End Sale of Chlorpyrifos The California Environmental Protection Agency announced that virtually all use of the pesticide chlorpyrifos in California will end next year following an agreement between the Department of Pesticide Regulation (DPR) and pesticide manufacturers to withdraw their products. Earlier this year, DPR announced it was acting to ban use of chlorpyrifos by canceling the pesticide’s product registrations. The agreement with Dow AgroSciences and other companies means that use of chlorpyrifos will end sooner than anticipated had the companies pursued administrative hearings and potential appeals process, which could have taken up to two years. Under the

settlement, the companies agreed that: § All sales of chlorpyrifos products to growers in California will end on February 6, 2020. § Growers will no longer be allowed to possess or use chlorpyrifos products in California after December 31, 2020. § Until then, all uses must comply with existing restrictions, including a ban on aerial spraying, quarter-mile buffer zones and limiting use to crop-pest combinations that lack alternatives. DPR will support aggressive enforcement of these restrictions. To ensure consistency for growers and for enforcement purposes, DPR is applying the terms and deadlines in the settlements to

seven other companies that are not part of the settlement agreement but are subject to DPR’s cancellation orders. A few products that apply chlorpyrifos in granular form, representing less than one percent of agricultural use of chlorpyrifos, will be allowed to remain on the market. Source: Asmark Institute

KDA Receives Official Position from U.S. Fish & Wildlife Service On October 25, The Kansas Department of Agriculture Division of Water Resources received notification of the official position of the Fish and Wildlife Service related to the impairment of the Quivira National Wildlife Refuge operated by the Service. According to the notification, “The U.S. Fish and Wildlife Service will not make a request for water to the State of Kansas for Quivira National Wildlife Refuge in Fiscal Year 2020. Throughout the year, the Service will continue to work to find local, voluntary, collaborative and non-regulatory solutions, including augmentation, to address the water needs of the community and the wildlife conservation 6

Agribusiness Update

purposes of the refuge before determining if more formal measures are necessary to ensure the refuge’s water rights are secured. We look forward to working with the Kansas Department of Agriculture, the Kansas congressional delegation, and all water users to develop concrete milestones and lasting solutions.” Based on this position, KDA-DWR confirms it will not issue any administrative orders regarding water use in Groundwater Management District 5 for the 2020 growing season. Public meetings regarding this issue were held in St. John, Kansas, on October 21. At

that time, the official position and timetable of the Service was uncertain, so KDA-DWR was unable to provide assurance there would be no water administration in 2020. This notification provides that certainty for farmers and ranchers in the Rattlesnake Creek Basin. For extensive information on the Quivira impairment and all actions and public information surrounding the issue, visit www. agriculture.ks.gov/Quivira.


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

FMCSA TO ANNOUNCE TWO-YEAR DELAY IN IMPLEMENTING ELDT RULE Federal trucking regulators are near completion of a formal notice that implementation of the Entry Level Driver Training rule that was set to take effect on a limited basis Feb. 7 will be delayed by up to two years. By: Eric Miller | Staff Reporter “Used by permission of Transport Topics. Copyright 2019 Transport Topics / American Trucking Associations, Inc.”

The notice is “in the pipeline,” said a DOT official who asked not to be identified. “There is a Federal Register notice forthcoming,” the official said about the rule, which will be administered by the Federal Motor Carrier Safety Administration. “The whole thing is going to be delayed. It’s mostly due to the failure of the states aligning their systems with the federal system.” A partial delay of the rule was announced in the summer. At that time, federal officials said they were working on a strategy to implement some provisions of the rule. The formal announcement of the two-year delay is expected by mid-December, the source said, but firm timing is not yet known. “We do believe based on conversations that the Federal Motor Carrier Safety Administration has a grasp of the problem, and we’re hopeful that they can implement it before the two-year delay period,” Commercial

Vehicle Training Association President Don Lefeve said. “But we’re very disappointed that this is not going to be rolled out on time. They’ve had three years to get this thing rolled out. Now it will be status quo for up to another two years.” He added, “There are still a lot of substandard programs that will remain in existence. While our members believe in a higher bar, the reality is there’s going to be no formal requirement for training.” Laura McMillan, vice president of training program development for Instructional Technologies Inc., said, “It’s disappointing. Our reaction is that, my goodness, the industry has been waiting for standards and a professional level curriculum for over 20 years. If this industry wants to raise the professional image of truck driving, it begins with how we educate new drivers and prepare them for the field.”

Transport Topics is the nation’s logistics and trucking news leader, with award-winning coverage of the regulatory, technology, business, and equipment sectors.

Continued on Page 18 Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

Capitol

REVIEW

KARA Government Affairs Staff

As the 2020 session of the Kansas Legislature inches closer in the second week of January, your government affairs staff has been working diligently behind the scenes researching possible pieces of legislation coming down the pike. We anticipate increases in future state budgetary demands concerning such items as the state retirement system (KPERS), school funding, the state highway plan, Medicaid expansion, and increased funding for social services. We’ll help you stay up-to-date on all things concerning agribusiness at the Capitol. 8

Agribusiness Update


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

Heading into the 2020 Kansas legislative session, much activity and attention will be focused on such things as approving the next 10-year highway plan, property tax reform, adding a tax on internet sales, Medicaid expansion and social issues. Tax increases in 2017 increased State General Fund receipts, which are now projected to be $1.2 billion above receipts in 2018. As tax receipts have increased, the state budget has also increased, with the legislature passing the largest ever budget last year at $7.85 billion. Even with the increased tax revenues, budget projections head negative again in two years due to increased budget demands concerning the state retirement system (KPERS), the state highway plan, Medicaid expansion, school funding and increased funding for social services. In order to cover these increased costs, KARA anticipates possible introduction of legislation, in the near future, seeking new funding mechanisms, such as placing a sales tax on agricultural services and/or utilities, repealing existing sales tax exemptions on farm machinery and equipment and reddiesel, adding new fees and excise taxes on

transportation, removing barriers to property tax increases and increasing income taxes on corporations and other businesses. Following the 2020 census, and the resulting reapportionment, the agricultural industry and rural Kansas may increasingly become a target of various tax increases. KARA ACHIEVEMENTS DURING THE 2019 LEGISLATIVE SESSION: § Passed House Bill 2001 which reduced, by half, the amount grain elevators pay on the annual license fee to fund the Kansas Agricultural Chemical Remediation Reimbursement Program, and extended the program another 10 years. § Passed Senate Bill 69 requiring the legislature to approve an independent study of Kansas’ electric rates and provide recommendations to the legislature on addressing the increased rates going forward. § Passed House Bill 2248, which extended the scrap metal theft reduction act, created the scrap metal data repository fund. § Successfully supported funding of the State Water Plan Fund from the State General Fund in the annual budget.

§ Successfully supported legislation allowing ATV use across a highway for ag purposes. § Successfully opposed legislation to allow counties to place an excise tax on heavy trucks. § Successfully opposed legislation that would have allowed the state department of health and environment to establish unreasonable civil penalties regarding chemical spills. § Supported legislation which strengthened the rights of property taxpayers. § Supported legislation which allowed KDA to monitor and regulate commercial hemp. § Supported legislation which would allow a sales tax exemption on business construction costs in a “Kansas Enterprise Zone.” KARA LEGISLATIVE INITIATIVES IN 2020: § PROPERTY TAXES: support reform to the existing property tax system, and oppose increased valuation of land used for agricultural purposes. § LEGAL REFORM: support legislation to establish caps on non-economic damages (pain and suffering). § TRANSPORTATION PLAN: support legislation to fund the next 10 year state Continued on Page 12

You work hard to make your business profitable. Knowing your assets are adequately protected allows you to rest easier.

Let KFSA help you create an insurance program specifically designed to prove peace of mind with strength, service, and stability.

KFSA INSURANCE AGENCY

1515 E. 30TH Avenue · PO Box 1747 · Hutchinson, KS 67504 (800) 362-2104 · (620) 662-5406 www.kfsa.com Fall 2019

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2020 Census FAQ What is the census? The census is a count of every person who lives in the United States and its territories. It happens every 10 years. In early 2020, you will be asked to count everyone who lives in your home as of April 1. Responding to the 2020 Census is a chance to shape your future.

What’s in it for me?

Your responses inform where over $675 billion is distributed each year to communities nationwide for clinics, schools, roads, and more.

Census data gives community leaders vital information to make decisions about building community centers, opening businesses, and planning for the future.

Responding also fulfills your civic duty because it’s mandated by the U.S. Constitution. The United States has counted its population every 10 years since 1790.

Is my information safe?

What will I be asked?

Your responses to the 2020 Census are safe, secure, and protected by federal law. Your answers can only be used to produce statistics. They cannot be used against you by any government agency or court in any way—not by the FBI, not by the CIA, not by the DHS, and not by ICE.

You will be asked a few simple questions, like age, sex, and the number of people who live in your home, including children.

When can I respond to the census?

The census will never ask for Social Security numbers, bank or credit card numbers, money or donations, or anything related to political parties.

In early 2020, every household in America will receive a notice to complete the census online, by phone, or by mail. In May, the U.S. Census Bureau will begin following up in person with households that have yet to respond.

For more information, visit:

2020CENSUS.GOV D-FA-GP-EN-034

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Your responses are used to redraw legislative districts and determine the number of seats your state has in the U.S. House of Representatives.

Agribusiness Update

What won’t be asked?


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

SPONSORS 2019 UNDERWRITER SPONSOR $20,000+ Since 1947, KFSA has grown to become one of the largest insurance agencies in the state of Kansas. KFSA accomplished this by providing exceptional customer service and comprehensive insurance products and risk management. Whether it’s personal or business insurance, safety consulting or training, KFSA offer solutions that lessen your potential for loss and in turn increase overall profits.

FOUNDER SPONSORS $7,500

PATRON SPONSORS

BENEFACTOR SPONSORS

$3,500

$5,000

BASF CoBank Heartland Ag Helena Chemical Company John Deere CAD Dealers MKC Nutrien Ag Solutions Rosen’s Diversified Inc. WinField United

BUILDER SPONSORS $2,000

DONOR SPONSOR $1,250

ADM Fertilizer Allied Environmental Consultants Inc. Beachner Grain Inc. CHS Inc. Gavilon Fertilizer LLC Inter-Chem J.B. Pearl Sales & Service, Inc. Morrill Elevator, Inc. Offerle Coop

Frontier Ag, Inc.

TOMORROW’S AGRIBUSINESS LEADERS FOUNDER SPONSORS PATRON SPONSOR

BUILDER SPONSORS

CHS Inc. KFSA Syngenta

Allied Environmental Consultants Inc. BASF Crop Protection Central Prairie Co-op Fairbank Equipment, Inc. Farmers Coop Conway Springs Gavilon Fertilizer LLC Helena Chemical Company J.B. Pearl Sales & Service, Inc. MFA/AGChoice The Ottawa Cooperative Assn.

Agrilead Inc.

GIVER SPONSORS $750 Agrilead Inc. Alliance Ag & Grain LLC American Implement, Inc. Central Valley Ag, Beloit EGE Products Fairbank Equipment, Inc. Kansas Cooperative Council Kiser Ag Service LLC MFA/AGChoice Midwest Laboratories, Inc. Miller Elevator Inc. Pride Ag Resources Progressive Ag Coop Simplot One Skyland Grain LLC The Ottawa Cooperative Assn.

Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

Capitol

REVIEW

THE LEADER IN LIQUID APPLICATION EQUIPMENT PARTS & ACCESSORIES

NURSE TRAILERS

Continued from Page 9

highway plan with current and existing funding sources, and oppose placing new costs on agricultural inputs as a way to fund the highway plan. § PESTICIDE WASTE DISPOSAL: support legislation to use a portion of the Remediation Reimbursement Fund to be used for a pesticide waste disposal program. § HAZARDOUS CHEMICAL SPILL: support legislation to allow KDHE to set reportable quantities of chemical spills in regulation. § ENERGY RATES: support legislation addressing high utility rates in Kansas. § UNDERGROUND PETROLEUM STORAGE TANK FUND: support legislation to extend the fund and increase reimbursable funding for tank replacement. § APPRENTICESHIP LIABILITY: support legislation to allow school district liability insurance to cover students working in an unpaid apprenticeship program. § BUDGET: Support full funding of the State Water Plan Fund. § REGULATIONS: oppose additional regulations on herbicide products or applications. § CERTIFIED APPLICATORS: EPA may move to amend its regulations to change the certification requirements for private applicators to make those requirements similar to commercial applicators. KARA will monitor this issue. KARA will remain vigilant in opposing any such attempts to balance the state budget unfairly on our industry. As all members of the state House and Senate will stand for reelection in 2020, the 2020 legislative session may be a short session to allow time for candidates to meet with their constituents. The good advocacy work of our Association would not be possible without the generous contributions to both KARA’s PAC, the Kansas Agri-Business Council, and to KARA’s Sponsorship Program. Thank you to all who contribute to these important programs.

7000 Schaben Court Newton, KS 67114

agspray.com

January Schedule JAN. 13 2020 Legislative Session Opens JAN. 22 Legislative Action Day

February Schedule FEB. 3 Last day for individual members to request sponsored bill drafts FEB. 10 Last day for non-exempt committees to request bill drafts. FEB. 12 Last day for individual bill introductions FEB. 14 Last day for non-exempt committee bill introduction

February Schedule (Cont.) FEB. 24 Last day for committees to meet FEB. 25 - 26 On floor all day FEB. 27 Turnaround Day, last day for non-exempt bills in house of origin FEB. 28 - MARCH 3 No session

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Agribusiness Update

TANKS, PARTS

& ACCESSORIES

800-384-7662 March Schedule MARCH 20 Last day for non-exempt committees to meet and consider bills MARCH 23 - 24 On floor all day MARCH 25 Last day for debate of non-exempt bills in either chamber MARCH 26 - 27 No session MARCH 30 - 31 Conference committees meet

April Schedule APRIL 1 Last day for conference committees to agree APRIL 3 Last day for conference committee agreements, first adjournment APRIL 4 - 26 Spring Break APRIL 27 Veto session opens on Day 74 of the session

May Schedule MAY 13 Day 90, the traditional length of the session


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

2019’s Bills

WE CAREFULLY MONITORED CONCURRENT RESOLUTION SENATE BILL 25:

Appropriations for FY 2019, FY 2020, FY 2021 and FY 2022 for various state agencies.

HOUSE BILL 2001:

Amending the sunset and assessment rates for the remediation reimbursement program.

SENATE BILL 22 // HOUSE BILL 2033:

Kansas itemized deductions, election, providing for deferred foreign income, global intangible low-taxed income, business interest, capital contributions and FDIC premiums income tax modifications; sales and compensating use tax, imposition of tax, nexus, remote sellers, marketplace facilitators, rate of tax on food and food ingredients.

SUBSTITUTE FOR SENATE BILL 69:

Requiring an electric rate study of certain electric utilities.

SENATE BILL 181:

Creating the Kansas energy policy task force to study electric utility services and energy policy issues in Kansas.

HOUSE BILL 2006 // HOUSE BILL 2223:

HOUSE BILL 2127:

Eliminating the marking requirements for certain truck and truck tractors.

HOUSE BILL 2062:

Relating to the applicability of conditions for operating recreational trails (held over)

TRANSPORTATION BILLS:

House Bills: 2007, 2225, 2214, 2370, 2381, 2367, 2368, 2371, 2372, Senate Bills:192, 187, 189

HOUSE BILL 2340:

Restricting distribution of certain property taxes paid under protest (held over)

HOUSE BILL 2345:

Tax lid exception when budget was higher in prior five years (held over)

HOUSE BILL 2354:

Resolving liability concerns regarding high school apprenticeships and on-the-job training programs (held over)

HOUSE BILL 2212:

Apportionment of corporate income under the multistate tax compact; election (held over)

Requiring the department of commerce to create a database of economic development incentive program information.

HOUSE BILL 2114:

SENATE SUBSTITUTE FOR HOUSE BILL 2167:

Establishing a commercial industrial hemp program.

Limiting the review of certain rules and regulations by the director of the budget (held over)

SENATE BILL 16:

HOUSE BILL 2131:

Making appropriations for the department of education for FY 2020 and FY 2021 in response to litigation; increasing BASE aid for certain school years; and other amendments related to education.

CONCURRENT RESOLUTION HOUSE BILL 2248:

Allowing all-terrain vehicles to cross federal or state highways.

HOUSE BILL 2178:

Amending the Kansas underground utility damage prevention act.

SENATE BILL 63:

Allowing counties to impose a severance tax on limestone (held over)

HOUSE BILL 2411:

Providing for a sales tax exemption for construction and certain purchases for businesses qualifying as part of an enterprise zone (held over)

SENATE BILL 126:

Exemption from income tax for certain public utilities (held over)

SENATE BILL 198:

Authorizing the state corporation commission to issue securitized ratepayerbacked bonds for electric generation facilities (held over)

Regulating the use of lighting devices in transportation network company vehicles and requiring vehicles to stop at railroad crossings for on-track train equipment.

SENATE BILL 125:

HOUSE BILL 2209:

SENATE BILL 135:

Establishing the unclaimed life insurance benefits act, updating certain definitions pertaining to unfair trade practices and association health plans, and providing for third party administrator fees, the purchase of cybersecurity insurance by the Kansas board of regents and certain healthcare benefits coverage.

Extending the eligible time period for rural opportunity zones loan repayment program and income tax credit (held over) Adding certain counties to the list of eligible rural opportunity zone counties (held over)

SENATE BILL 153:

Providing for department of health and environment response operations for water and soil pollutant release, discharge or escape (held over)

HOUSE BILL 2119 // HOUSE BILL 2402:

Empowering the KPERS board to develop policies and procedures relating to procurement, enter into certain contracts and allow travel for trustees and employees of the system.

Fall 2019

13


KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

Stay up-to-date with all of our trainings by downloading the official KARA mobile app from the Apple App Store or Google Play.

KARA ANNOUNCES 2020 TRAINING PROGRAMS Kansas Agribusiness Retailers Association (KARA) staff will be covering all corners of the state in 2020 providing invaluable industry-specific training programs to its members and interested parties. Scan the QR codes next to the photos with a QR scanner or point your smartphone’s built-in camera at the QR code for more information and registration abilities.

CDL Exam Prep Schools These one-day courses will walk attendees through the Kansas CDL Manual with the goal of obtaining their Commercial Learners Permit (CLP). These courses are capped at 25 attendees. Jan. 7 Garden City Garden City Coop 106 N. 6th Street

March 26 Manhattan Kansas Dept. of Agriculture 1320 Research Park Drive

Jan. 9 April 16 Maize Hays Corporate Safety Compliance KSU Ag Research Center 9335 W. 53rd St. N. 1232 240th Avenue Jan. 16 Parsons Commercial Bank 1901 Main Street

14

Agribusiness Update

Aug. 4 Hutchinson Encampment Building 2000 N. Poplar Street

“This year we asked our board of directors to help us revitalize our training offerings so we could better serve our membership,” KARA President and CEO Ron Seeber said. “I’m proud of the flexibility our stakeholders and staff have shown to evolve and create new opportunities for our members to gain useful, productive knowledge at these courses that will help them become safer and more efficient at their profession.” One of the new changes KARA is offering to its members are ‘house-call’ training sessions where for a guaranteed number of participants, the association will travel anywhere in the state to provide any of the following training programs at an agreed upon rate. Also new in 2020, KARA will be offering a Commercial Drivers License (CDL) Exam Preparation Course six times throughout the year. These one-day courses will walk attendees through the Kansas CDL Manual with the goal of obtaining their Commercial

Learners Permit (CLP). These courses will be capped at 25 registrants on a first-come, first-serve basis. Information on the CDL preparation courses is at right. In February, KARA will cover the state offering six NH3 Safety Workshops. These programs include a combination of demonstrations and presentations that will cover the characteristics of anhydrous ammonia, facility safety, emergency response and product handling. Information on the NH3 Safety Workshops is at right. Just after the 4th of July, KARA will be in Manhattan working with K-State Agronomy to put on the annual KSU Field Days workshops where participants can get into the weeds on herbicide efficacy and injury, crop insect pests, crop diseases, weed ID, environmental and water quality and so much more. Rounding out the summer months, KARA will be in Hutchinson hosting the premier applicator institute in the region, the 9th annual Kansas Applicator Institute. The

LEARN MORE Visit our website by pointing your smartphone’s built-in camera at the QR code or by entering www.ksagretailers.org/eventsand-trainings in your search engine to see full agendas, speaker information and much more for each one of our training programs.


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

NH3 Workshops These

programs

include

a

combination

of

demonstrations and presentations that will cover the characteristics of anhydrous ammonia. Feb. 11 Topeka Propane Marketers Assn. 540 NW Broad Street Feb. 12 Parsons Commercial Bank 1901 Main Street

This year we asked our board of directors to help us revitalize our training offerings so we could better serve our membership

applicator institute features exhibitors and a popular ride-and-drive where attendees can test drive the latest and greatest in precision agriculture equipment. The association will offer full 1A Recertification in one day in conjunction with the Kansas Agri Business Expo in November. The day-long course features presentations ranging from pasture and rangeland improvement to spineless pests affecting agricultural crops and earns attendees a year’s worth of continuing education credit.

KARA will close out its 2020 training slate with its Crop Production Update in early December. This training provides the latest research and technological advances in the crop production industry. The presentations include the latest technology on weed and insect control, fertilizer and chemical recommendations, soil fertility concerns and much more.

Kansas Applicator Institute

Full 1A Recertification

Feb. 13 Wichita Sedgwick Co. Extension 7001 W. 21st Street

Feb. 18 Garden City Garden City Coop 106 N. 6th Street Feb. 19 Colby City Limits Center 2227 S. Range Ave. Feb. 20 Salina Hilton Garden Inn 3320 S. 9th Street

KSU Field Days Participants can get into the weeds on herbicide efficacy and injury, crop insect pests, weed ID, environmental and water quality and so much more. July 7 - 8 Manhattan KSU Agronomy Farm 2200 Kimball Ave.

July 9 - 10 Manhattan KSU Agronomy Farm 2200 Kimball Ave.

Crop Production Update

Featuring exhibitors and a popular ride-and-drive

Featuring presentations on rangeland improvement,

Providing the latest research and technological

where attendees can test drive the latest and

spineless pests and much more while earnings a

advances in the crop production industry.

greatest in precision agriculture equipment.

year’s worth of continuing education credit.

Aug. 5 - 6 Hutchinson Encampment Building Kansas State Fairgrounds 2000 N. Poplar Street

Nov. 19 Wichita Kansas Agri Business Expo Hyatt Hotel 400 W. Waterman

Dec. 1 - 2 Salina Hilton Garden Inn 3320 S. 9th Street

Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

KARA ANNOUNCES 2020 TAL CLASS The selection committee for the 2020 class of Tomorrow’s Agribusiness Leaders met in early December and voted on the 23rd class of Tomorrow’s Agribusiness Leaders. The selection committee, comprised of former TAL graduates chose: Aaron Anderson (Nutrien Ag Solutions); Hillary Birtell (CoMark Equity Alliance); Kalen Cromwell (Farmers Cooperative Grain Association); Kiley DeDonder (WinField United); Micala Dummit (The Scoular Company); Brice Elnicki (Producers Cooperative Association of Girard); Amy Fairchild (KFSA); Scott Moseley (KC Supply Company); Tyler Peterson (Pride Ag Resources); and Spencer Reames (MKC) to complete the 23rd class. “Every January, I look forward to the TAL class coming to Topeka for Session I eager to learn about the legislative process and their association,” KARA president and CEO Ron Seeber said. “It’s one of the most satisfying parts of my profession to 16

Agribusiness Update

see graduation in November where they walk away with a wealth of experience on both the state and federal government. The program is very beneficial to our industry because later, when we call on them to contact their legislator about a proposed law, they answer the call every time.” Each class participates in three sessions designed to improve the leadership skills of Kansas agribusiness men and women through increasing their understanding of the association’s mission and activities, teaching the state and federal legislative process, improving leadership and communication skills, and preparing members for possible public service through campaigns or public office.

The Tomorrow’s Agribusiness Leaders (TAL) class annually selects five members of Kansas Grain and Feed Association and five members of Kansas Agribusiness Retailers Association to learn more about the policy making process through three sessions.

Aaron Anderson Nutrien Ag Solutions

Hillary Birtell CoMark Equity Alliance

Kalen Cromwell Farmers Cooperative

Kiley DeDonder WinField United

Micala Dummit The Scoular Company

Brice Elnicki Producers Cooperative Assn.

Amy Fairchild KFSA

Scott Moseley KC Supply Company

Tyler Peterson Pride Ag Resources

Spencer Reames MKC


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

KDA LAUNCHES WEBSITE FOR KANSANS COPING WITH AG-RELATED STRESS

Support is available for everyone in the Kansas ag family who may be dealing with stress associated with agriculture. Visit the website on your desktop or mobile phone to access resources and services.

Stressful situations have led to heightened focus on mental health issues in the agricultural community. In response, the Kansas Department of Agriculture, along with several Kansas ag partners, have unveiled a new website to provide resources and support to those dealing with ag-related stress. The website can be found at KansasAgStress.org. “The increase in suicide rates among farmers and ranchers is alarming,” Governor Laura Kelly said. “We must do everything in our power to curb this trend. The website provides additional resources and support to individuals and their loved ones. We must provide our farmers and ranchers alternatives to suicide. We must be there for them.” The new website addresses the challenges that Kansas farmers, ranchers and their families face in today’s ag industry. Recent natural disasters, depressed commodity prices and other issues weigh heavily on farm families and can take a toll that leads to mental and emotional distress, substance abuse, anxiety, depression and even suicide. Visitors to the website will be able to find local and national resources for those issues, as well as support in areas ranging from stress

management to financial and legal challenges. “This website is intended to be a collaborative effort to support the emotional and financial health challenges for Kansans, especially those involved in agriculture,” Kansas Secretary of Agriculture Mike Beam said. “Many people were involved in the development of the website. Our hope is that it will be a positive resource for people struggling during difficult times.” KansasAgStress.org features resources and support for every member of the family, from teens to aging adults. Unique resources are also available to assist our farmer veterans, who face the issues that come with farming, along with the possible challenges of being a military veteran. “The purpose of this website is to help care for and assist Kansas farmers and ranchers in their well-being,” Beam said. “As more tools are developed and come available, this website will be updated and serve as a hub of current information and resources.”

Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

ELDT RULE

F M C S A t o A n n o u n c e Tw o - Ye a r D e l a y I m p l e m e n t i n g

Continued from Page 7

The training provider registry was supposed to be the first clearinghouse of student completion of the required curriculum. The 2016 rule requires that for new drivers to receive a Class A or Class B commercial driver license, training providers must, at a

McMillan worked on a curriculum subcommittee of a broad-based industry group ELDT committee that negotiated the details of the rule in 2016. Instructional Technologies provides online safety training. McMillan disagrees that the system problems are limited to the states. “The reality is that the training provider registry is not even available,” said McMillan, a motor carrier driver trainer for several years. “It was supposed to be available Oct. 1 for schools and carriers to self-certify. It’s not even up and running. So that’s an issue.” She added, “It’s interesting that federal regulators would characterize that this is a state problem and that the states can’t comply when the federal system is not up and available. There seems to be a lack of ownership for this entire issue.”

It’s interesting that federal regulators would characterize that this is a state problem and that the states can’t comply when the federal system is not up and available. There seems to be a lack of ownership for this entire issue. minimum, provide instruction in a training curriculum that meets all the standards established in the training rule and also must meet other eligibility requirements,

Providing Kansas Agribusiness Professional Environmental Engineering Services since 1989

We provide:

Environmental Site Assessments (Phase I & II) ● Spill Prevention Control & Countermeasure (SPCC) Plans ● Stormwater Management ● Containment Engineering ● Groundwater Investigations ● Regulatory Audits, Compliance & Permitting 214 N Saint Francis ● Wichita, KS 67202-2610 ● 316.262.5698 aec@alliedaec.com ● www.alliedenvironmental.com

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Agribusiness Update

including on-road instruction, to be listed on the training provider registry. Dan Horvath, director of safety policy for American Trucking Associations, said that he’s not surprised to hear that all the provisions of the rule will be delayed for up to two years. “We felt that to not delay the whole thing — to at least go forward with the requirements for training the driver — needed to go through,” Horvath said. “We felt that’s the whole point of the ELDT rule to begin with. We understand that the verification process on the back end would be a nuisance, but not enough to delay the whole rule. However, having said that, we did see that the majority of the comments on the delay were to delay the whole thing.” The majority of the more than 1,200 written comments made in the summer, which ranged from state trucking associations and state departments of motor vehicles to state police and even school superintendents, called for delaying the entire rule until 2022. “The Minnesota Trucking Association believes that the entire rule should be delayed until all systems — from top to bottom — are ready for full implementation,” the association said in a filing in summer. “The MTA believes that partial implementation increases the odds for errors and unintentional non-compliance. Motor carriers are concerned that despite their best efforts to comply, state and federal information technology systems will miss information and place the carrier at risk.” “In order to minimize confusion for schools and prospective CDL drivers the entire final rule should be postponed until February 7, 2022,” wrote Jane Schrank, program director for the South Dakota Department of Public Safety.


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

AGRICULTURAL CHEMICAL REIMBURSEMENT PROGRAM UPDATE In 2000, the Kansas legislature passed the Agricultural and Specialty Chemical Remediation Act which created the Remediation Reimbursement Program (Reimbursement Program) and the Kansas Agricultural Chemical Remediation Reimbursement Fund (Reimbursement Fund). The Reimbursement Program provides financial reimbursement of expenses incurred by industry while conducting remediation (cleanup) activities for agricultural chemical and fertilizer contamination. The Remediation Reimbursement Fund and program are financed by fees from the commercial grain industry and ag-chemical and fertilizer industries. The Reimbursement Program is administered by the Kansas Agricultural Remediation Board (KARB). During the Dec. 13, 2019 KARB meeting, the board reimbursed four (4) applicants a total of approximately $75,882.87. The next KARB meeting will be held on March 13, 2020, and the deadline to submit applications prior to that meeting is February 14, 2020. If your facility is conducting agricultural chemical remediation activities either ordered by the Kansas Department of Health and

Environment, or agreed to under the state Voluntary Cleanup Program, be sure to submit your application for reimbursement of those remediation costs today. Reimbursement applications and other information about the program are available at karb.org. Please contact your association office with any questions at 785234-0461, or by email to randy@Kansasag.org.

The KARB program has reimbursed more than $20 million since January of 2002. In 2019, the program has granted the following reimbursements: 58 REIMBURSEMENTS $659,341.00

16 COMBINATION $138,374.65

38 NITRATES $397,742.54

4 PESTICIDES $123,223.81 Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

BECOMING

CHA

All of Kansas Agribusiness Retailers Association and Kansas Grain and Feed Association’s efforts leading up to this year’s show focused on showcasing agribusiness, while emphasizing that through all of the adversity facing the industry, agribusiness is not only changing, it’s thriving with the change. More than 140 exhibitors piled booths into the 95,000 square-foot Century II Convention Center, showing off the newest and best products on the market serving the grain, feed, fertilizer, chemical and seed industry. Exhibitors spent most of Monday and Tuesday climbing atop their rigs to wipe away any traces of salt and sand grime accumulated during transport. After two full days of preparation, the booths were set up and ready for business by Tuesday night’s annual kick-off

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Agribusiness Update

party, the final opportunity for everyone to take one large collective deep breath before the break-neck pace of the show began Wednesday morning. Also held in conjunction with the Kansas Agri Business Expo, this year’s 7B/4 and 1A recertification classes drew a large crowd to earn continuing education credits. Presentations were graciously given by: Kansas Dept. of Agriculture, BASF, Helena Agri Enterprises, WinField United, Kansas State University and KFSA. Just after Kansas Grain and Feed Association’s Board of Directors meeting at 10 a.m., Kansas Grain and Feed Association’s Chairwoman Deb Miller and Chairman, Lance Nelson, teamed up to slice the ceremonial ribbon, officially kicking off the 2019 edition of


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

AGENTS OF

NGE

Photography: KirkwoodKreations

the largest tradeshow in the Midwest. Nearly 500 attendees flocked to the Tradeshow Floor to meet and network with this year’s exhibitors. Those who walked the floor weren’t just treated to seeing the best new products and technology in agribusiness, many exhibitors decorated their booths and created interactive games to portray this year’s theme of Agents of Change. New this year over the two-day show KGFA, KARA and the Kansas Cooperative Council teamed up to bring educational speakers onto the tradeshow floor. Broken up into 20-minute sessions with a 10-minute question and answer portion, the educational speakers proved to be a worthwhile experience for attendees. Presentations were: Agriculture Workforce Development (presented by Russell Plaschka, Kansas Dept. of

Agriculture); CRISPR-Based Precision Breeding in Wheat (presented by Dr. Eduard Akhunov, Kansas State University); Benefits from Offering Higher Ethanol Blends (presented by Josh Roe, Kansas Corn); Do You Know Why I Pulled You Over? (presented by Technical Troopers Brent Lies and Matthew Mullen); The State of the Biodiesel Industry (presented by Dennis Hupe, Kansas Soybean Commission); and Using Predictive Agriculture to Leapfrog Technologies in Sorghum (presented by Jesse McCurry of Kansas Grain Sorghum and Sarah Sexton-Bowser of Center for Sorghum Improvement). The Tomorrow’s Agribusiness Leaders penny raffle held at Expo Central kept the interest of attendees who were hoping to win a limited edition Ruger American Farmer Tribute .22 rifle. As always, the industry came together to help its future

Continued on Page 22

Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION

CHANGE BECOMING AGENTS OF

Continued from Page 20

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Agribusiness Update

workforce by donating and purchasing items from the scholarship auction. Attendees and exhibitors helped raise nearly $12,000 for high school and college students pursuing degrees in agriculture. After the auction, everyone headed to the Chairmen’s Reception for a “James Bond” style meal and casino party. Everyone in attendance played their hands – and fake currency – at Blackjack, Texas Hold ‘Em, Roulette and slot machines late into the evening for a chance to win an assortment of prizes. Bright and early Thursday morning numerous awards were handed out to the sponsors who help the associations so much throughout the year. Kansas Agribusiness Retailers Association sponsors, KFSA, Corteva Agriscience and KOCH Fertilizer who pledge above the Founder level of $7,500 were awarded recognition trophies by Nelson. Next, the 2019 class of Tomorrow’s Agribusiness Leaders received their graduation trophies for completing all three sessions of the program. This intensive leadership program allows members to gain a first-hand look at how the government operates and regulates their industry at both the state and federal level. The 22nd class of the association’s premier leadership program included: Sarah Dodge (CoMark Equity Alliance); Alexandra Erwin (BioKansas); Sam Hanni (The DeLong Company Inc.); Justin Jenkins (Team Marketing Alliance); Eric Preston (MFA Inc.); John Ricker Jr. (KFSA); Lance Studer (The Ottawa Cooperative Association); and Amy Varner (ADM). Rounding out the breakfast, Rebekah Gregory, who lost her leg in the 2013 bombing of the Boston Marathon provided a resounding inspirational speech of maintaining positivity throughout life’s uncertainty. This act of terrorism may have claimed her leg, but it could not claim her spirit. Since then, Gregory has used her platform in a huge way by traveling all over the country speaking out against evil, and encouraging people to turn their obstacles into opportunities. On the final day of the Expo, cash and prize drawings were awarded and exhibitors had one last chance to pitch business at interested attendees. Shortly after 4 o’clock, the floor was largely de-constructed and exhibitors were packing up before enjoying a relaxed Thursday evening party featuring dueling piano act Howl2Go. The piano group took requests for more than two hours and allowed everyone in attendance to figuratively let their hair down after a long week of proving agribusiness is in fact embodying Agents of Change. Be sure to mark your calendars for the 2020 Kansas Agri Business Expo Nov. 18-19 at the world-class Hyatt Hotel and Century II Convention Center.


SAFE AND ABUNDANT FOOD THROUGH SOUND SCIENCE

USDOL ANNOUNCES FINAL RULE UPDATING FLSA’S REGULAR RATE REGULATIONS

More information about the final rule, including FAQs and a Fact Sheet, is available at https://www.dol. gov/agencies/whd/overtime/2019-regular-rate.

The rule announced marks the first significant update to the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) in over 50 years.

The U.S. Department of Labor announced a Final Rule that will allow employers to more easily offer perks and benefits to their employees. The rule announced marks the first significant update to the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) in over 50 years. Those requirements define what forms of payment employers include and exclude in the FLSA’s “time and one-half” calculation when determining overtime rates. The previous regulatory landscape left employers uncertain about the role that perks and benefits play when calculating the regular rate of pay. The new rule clarifies which perks and benefits must be included in the regular rate of pay, as well as which perks and benefits an employer may provide without including them in the regular rate of pay. Specifically, the final rule clarifies that employers may offer the following perks and benefits to employees without risk of additional overtime liability: § the cost of providing certain parking benefits, wellness programs, onsite specialist treatment, gym access and fitness classes, employee discounts on retail goods and services, certain tuition benefits (whether paid to an employee, an education provider, or a student-loan program), and adoption assistance;

§ payments for unused paid leave, including paid sick leave or paid time off; § payments of certain penalties required under state and local scheduling laws; § reimbursed expenses including cellphone plans, credentialing exam fees, organization membership dues, and travel, even if not incurred “solely” for the employer’s benefit; and clarifies that reimbursements that do not exceed the maximum travel reimbursement under the Federal Travel Regulation System or the optional IRS substantiation amounts for travel expenses are per se “reasonable payments”; § certain sign-on bonuses and certain longevity bonuses; § the cost of office coffee and snacks to employees as gifts; § discretionary bonuses, by clarifying that the label given a bonus does not determine whether it is discretionary and providing additional examples and; § contributions to benefit plans for accident, unemployment, legal services, or other events that could cause future financial hardship or expense. The final rule also includes additional clarification about other forms of compensation, including payment for meal periods and “call back” pay. It can be viewed here and will take effect 30 days after its publication in the Federal Register. Fall 2019

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KANSAS AGRIBUSINESS RETAILERS ASSOCIATION Kansas Agribusiness Retailers Association 816 SW Tyler, Suite 100 Topeka, Kansas 66612

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Agribusiness Update

KARA 2019 Fall Newsletter  

KARA 2019 Fall Newsletter  

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