[Legislative Issues]

AAF Government Report | October 2024

The Nebraska legislature concluded its special session to consider property tax reform without adopting the proposal by Governor Jim Pillen (R) to tax many advertising services. AAF Nebraska was instrumental in the tax being defeated. An alert was issued urging members to contact lawmakers in opposition. Robert Richardson, the chapter’s legislative chair, has previously testified against the tax. Despite the defeat, many observers in Lincoln believe the Governor may try again to tax advertising in 2026. AAF Nebraska and AAF will keep a close eye on the action and continue to educate lawmakers about the importance of advertising in Nebraska and the harm an ad tax would cause. Read More

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AAF Government Report | May 2024

Proposed Nebraska Ad Tax Still Alive

Despite passing in an earlier vote, and the strong support of Governor Jim Pillen (R), the Advertising Services Tax Act in Nebraska was defeated prior to the end of the legislative session. The measure would have placed a 7.5% tax on all advertising services in the state for companies with over $1 billion in US revenue. One of the Governor’s motivations for the tax was to raise replacement revenue for proposed lower property taxes.

The industry correctly noted that the tax would have been passed through to local businesses in the form of either higher advertising costs or as a line item on the invoice for the service provider ultimately resulting in higher prices for Nebraska consumers. Read More

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AAF Government Report | April 2024

The Advertising Services Tax Act in Nebraska remains a threat. The measure, originally proposed by Governor Jim Pillen (R) currently does not appear to have enough votes to pass. Sources in the Capitol report that the Governor and sponsors are still searching for support. The tax would place a 7.5% tax on all advertising services in the state for companies with over $1 billion in US revenue. Read More

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AAF Nebraska Legislative Update | April 2024

Omaha, NE (April 3, 2024) – The AAF Nebraska Legislative committee has focused on opposing LB 1354, the Advertising Services Tax Act.  The Nebraska Governor is proposing to implement a 7.5% tax on all advertising services in the state for companies with over $1 billion in US revenue.  The tax will be passed through to local businesses in the form of either higher advertising cost or as a line item on the invoice for the service provider.  The local business will then add the higher advertising cost to the price of its goods and services, causing higher prices for Nebraska Consumers. Read More

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Robert Richardson

AAF Government Report | February/March 2024

Nebraska Advertising Tax on Hold
February 1, the Nebraska Legislature’s Revenue Committee conducted a hearing on the proposed Advertising Services Tax. Following alerts from AAF Nebraska and AAF National, numerous advertising professionals in the state contacted their representatives to express opposition to the tax. AAF Nebraska Legislative Chair Robert Richardson attended the hearing and testified against the proposed tax and published an op-ed explaining our opposition to the tax in the Nebraska Examiner. No further action on the bill has been scheduled at this time. The legislature is currently scheduled to adjourn in mid-April. Read More

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AAF Government Report | January 2024

State Advertising Tax Threats

Legislation has been introduced in Nebraska to adopt an Advertising Services Tax. Sponsors seem to be targeting digital advertising and entities “that are doing business in Nebraska and whose combined gross advertising revenue exceeds one billion dollars.” Current prospects for the tax are uncertain. Read More

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AAF Government Report | October 2023

Digital Advertising Taxes

The District of Columbia Tax Revision Commission has before it a proposal to extend the District’s sales tax to digital advertising services and the use of data. AAF and AAF-DC have sent a letter to the Commission explaining why such a proposal is bad public policy and the negative impact it would have on DC businesses. Read More

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AAF Government Report | July/August 2023

Senators Turn Attention to Privacy

July 27, the Senate Commerce, Science and Transportation Committee passed two privacy bills aimed at teens and youth. The Children and Teens’ Online Privacy Protection Act (COPPA 2.0), sponsored by Senators Ed Markey (D-MA) and Bill Cassidy (R-LA), and the Kids Online Safety Act (KOSA) sponsored by Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN). Both passed with broad bipartisan support. Read More

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AAF Government Affairs Alert

As you know, multiple states have passed privacy laws in the first half of 2023. As a resource for AAF members, our partners at Venable and Privacy for America have created this document outlining the major provisions of each of the newly enacted state laws. These new laws are in addition to already existing privacy requirements in many states and add to the increasing complexity and challenges encountered by businesses and other organizations as they navigate the legal environment, and further underscores the need for a single national privacy law as supported by the AAF. Read More

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NARB: Coors Can’t Say “Light Beer Shouldn’t Taste Like Water”

“Light beer shouldn’t taste like water.” That’s the claim Molson Coors can no longer make in its advertising for Miller Lite beer. The Council of Better Business Bureaus’ National Programs’ National Advertising Review Board advised the brewer in an appeal case to stop making the claim, thus upholding a similar decision made by National Programs’ National Advertising Division. The NAD decision came about after the claim “Light beer shouldn’t taste like water. It should taste like beer” was challenged by Anheuser Busch. In their findings the NAD concluded that the claim made by Molson Coors was comparable (i.e., “tastes like water” compared to “does not taste like water”) and was therefore “measurable.” As such, the NAD determined that substantiation was required, a finding echoed by the NARB who concluded that “no substantiation for the claim was provided by Molson Coors, nor did it provide any consumer research regarding its argument that reasonable consumers would not take away a comparative claim.” Compliance with NARB’s and NAD’s decisions is voluntary; however, the CBBB reports a compliance rate of more than 95 percent. Read More

Legislative Issues

AAF Government Report: March/April 2023

AAF’s March 23 Advertising Day on the Hill was a rousing success. Forty AAF members from 19 states and the District of Columbia attended. They were briefed by speakers from the Federal Trade Commission and advertising self-regulatory programs and learned about the important issues confronting the industry, including privacy and data security and preservation of the federal tax deductibility of advertising expenses. Read More

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AAF Government Report – April 2022

Soon after AAF alerted its Kentucky members to an ad tax included in legislation introduced by State Representative Jason Petrie (R-Elkton) Chair of the House Appropriations and Revenue Committee, the provision was removed from the bill. As introduced, HB 8 would have expanded Kentucky’s 6% gross receipts sales and use tax base to 39 new services, including advertising and graphic design services. Read More

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Nebraska Privacy Hearing Set for February 28

On February 28 Nebraska state legislators will hold a hearing on LB 1188, seeking to adopt the Uniform Personal Data Protection Act (UPDPA). As proposed, the bill presents yet another set of privacy standards to be met by Nebraska businesses. If passed, the bill may provide individuals with fewer, and more limited, rights including the right to copy and correct personal data. In addition, the bill may not include the right of individuals to delete their data or the right to request the transmission of their personal data to another entity. It is the position of the AAF that while maintaining online privacy is critically important, federal standards are necessary so as to prevent the promulgation of state-by-state privacy legislation which in itself may be a disservice to consumers and negatively affect competition. At the very least, proposed state privacy legislation should align with other state privacy bills, such as the Virginia Consumer Data Protection Act. At this point, only Nebraska and Oklahoma are considering the adoption of UPDPA. Read More

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AAF Nebraska Legislative Survey

The American Advertising Federation (AAF) protects and promotes advertising at all levels of government through grassroots activities. Our nationwide grassroots network of corporate partners and advertising professionals are ready and able to engage with lawmakers on behalf of the advertising industry on tax, privacy, First Amendment and other issues of concern. Read More

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AAF Government Report December 2021

The Build Back Better legislation soon to be considered by the U.S. Senate currently includes language to give unprecedented broad civil penalty authority to the Federal Trade Commission. While AAF strongly supports the mission of the FTC, this new authority would go far beyond the powers previously granted by Congress under Section 5 of the Federal Trade Commission Act. In addition to being poor policy, we believe the provisions violate Senate rules of procedure, specifically the Byrd Rule, which prohibits non-budgetary provisions from being included in reconciliation legislation. Read More

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AAF Government Report October 2021

The AAF protects and promotes advertising at all levels of government through grassroots activities. Our nation-wide network monitors advertising-related legislation on local, state and federal levels. We put our members face-to-face with influential lawmakers while encouraging self-regulation as a preemptor to government intervention, when appropriate of course. Read More

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Maryland Digital Advertising Tax Proposed

Proposed digital advertising tax regulations were filed on August 31 by Maryland’s comptroller. In simple terms, the proposed regulations would require companies that derive revenue from residents of Maryland as a direct result of those residents responding to digital ads running in Maryland to report the revenue derived from such ads, which would then be subject to a tax rate unique to each advertiser. Read More

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AAF Nebraska Legislative Team

The AAF protects and promotes advertising at all levels of government through grassroots activities. Our nationwide grassroots network of corporate partners and advertising professionals are ready and able to engage with lawmakers on behalf of the advertising industry on tax, privacy, First Amendment and other issues of concern. Read More

AAF Nebraska NewsLegislative Issues

AAF Government Report July 2021

Reports from sources on Capitol Hill indicate a digital advertising tax has been mentioned as a source of revenue to pay for the Senate’s bipartisan infrastructure bill negotiated by the so-called “Gang of 10/Gang of 21.” AAF members are encouraged to contact their Senators—especially if he or she is among the negotiating Senators—and let them know they should oppose an effort to tax digital, or any other advertising. An issue brief from the AAF supported Advertising Coalition gives more background on the issue. Read More

AAF National NewsLegislative Issues

AAF National Government Report

Shortly before adjourning for the year, the Colorado General Assembly passed legislation regulating data and consumer privacy in the state. As of this writing, the measure has been sent to Governor Jared Polis (D) who is expected to either sign or let the bill become law without his signature. AAF, together with allies in the state and Washington, DC, submitted comments on the measure to lawmakers, and the AAF supported Privacy for America issued a press release stating that passage of the measure underscored the need for a uniform federal data privacy law. Because of many last minute negotiations between the House and Senate, we have not yet had the opportunity to determine how many of our suggestions were adopted. Read More

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