AAF Government Report December 2021

december 16, 2021


build back better would overly empower ftc
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.

The AAF—and many of our ad local clubs—have signed on to a letter urging the Senate to eliminate these provisions from the Build Back Better Act.

maryland digital ad tax regulations released
On December 3, 2021, the Maryland Comptroller published notice of adoption of the digital advertising gross revenues tax regulations. Per the Maryland Administrative Procedure Act, the final adopted regulations went into effect on December 13, 2021.

Despite concerns raised in comments by AAF and others, the final regulations were adopted almost entirely as proposed, with just two minor changes that the Attorney General (AG) of Maryland certified as non-substantive.

While the revenue threshold for tax liability is quite high at $100 million, any business concerned about possible impact is urged to talk with their Maryland tax advisor.

state privacy update
In preparation for next year’s legislative sessions, a number of states have already had bills introduced and/or informational hearings regarding privacy issues.

In Massachusetts the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity conducted a hearing on a number of bills related to data privacy and other matters. AAF submitted comments expressing our concerns about potential legislation.

In Tennessee an Ad Hoc Committee consisting of both Senate and House members conducted late October hearings to look at possible privacy legislation. AAF provided comments to the committee.

The Wyoming Legislature’s Select Committee on Blockchain, Financial Technology and Digital Innovation Technology conducted a recent hearing on proposed privacy legislation that included a number of troubling provisions. AAF submitted comments to the committee members.

AAF has also responded to the California Privacy Protection Agency in response to their Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act of 2020.

state group declines to share maryland tax
During a recent meeting of the Council of State Governments the group rejected a proposal to include the Maryland Digital Advertising Tax in its list of Shared State Legislation. The SSL has “the goal of sharing innovations in state policy and assisting state leaders on drafting policies that would benefit their communities, CSG Shared State Legislation is curated and disseminated by bipartisan committee of state leaders to identify topics of major interest to the states.” AAF joined comments to the group urging them not to endorse the Digital Ad Tax.
aaf day on the hill returns 
The next AAF Advertising Day on the Hill will be March 16-17, 2022 in Washington, DC. Join other advertising professionals from across the country to be briefed on the important issues facing the advertising industry and go to Capitol Hill to educate your elected representatives and their staffs about the issues important to your business and the vital role that advertising plays in driving the U.S. economy.

Registration is open and the cost is only $50. A hotel block is available for attendees.

Many things have changed in Washington, DC since our last event, but one thing that has not changed, and will never change is the importance of making our voice heard on the issues that impact how advertising industry professionals do their jobs.

Sponsorship opportunities are still available. Register now and plan to be in Washington, DC for AAF’s Advocacy and Action: Advertising Day on the Hill. Please contact AAF’s EVP of Government Affairs, Clark Rector if you have any questions.


AAF National NewsLegislative Issues

Get In Touch

Please enable JavaScript in your browser to complete this form.